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REPORT 


OF  THE 


//,  S, 

JOINT  COMMITTEE  ON  RECONSTRUCTION, 


AT  THE 


FIRST  SESSION  THIRTY-NINTH  CONGRESS. 


WASHINGTON: 

GOVERNMENT     PRINTING     OFFICE. 

1866. 


IN  THE  SENATE  OF  THE  UNITED  STATES, 

December  5,  1865. 

A  message  from  the  House  of  Representatives,  by  Mr.  McPherson,  its  Clerk : 
The  House  of  Representatives  has  passed  the  following  resolution,  ill  which  it  requests  the 
concurrence  of  the  Senate : 

Resolved  by  the  Senate  and  House  of  Representatives  in  Congress  assembled,  That  a  joint 
committee  of  fifteen  members  shall  be  appointed,  nine  of  whom  shall  be  members  of  the 
House  and  six  members  of  the  Senate,  who  shall  inquire  into  the  condition  of  the  States 
which  formed  the  so-called  Confederate  States  of  America,  and  report  whether  they,  or  any 
of  them,  are  entitled  to  be  represented  in  either  house  of  Congress,  with  leave  to  report  at 
any  time,  by  bill  or  otherwise  ;  and  until  such  report  shall  have  been  made,  and  finally  acted 
on  by  Congress,  no  member  shall  be  received  into  either  house  from  any  of  the  said  so-called 
Confederate  States ;  and  all  papers  relating  to  the  representation  of  said  States  shall  be  re 
ferred  to  the  said  committee  without  debate. 

^ 
DECEMBER  12,  1865. 

The  Senate  proceeded  to  consider  the  resolution  of  the  House  of  Representatives  for  the 
appointment  of  a  joint  committee  of  the  two  houses,  to  consist  of  fifteen  members,  to  inquire 
into  the  condition  of  the  States  which  formed  the  so-called  Confederate  States  of  America ;  and 

The  resolution  was  amended  and  agreed  to,  as  follows  : 

Resolved  by  the  House  of  Representatives,  (the  Senate  concurring,)  That  a  joint  committee 
of  fifteen  members  shall  be  appointed,  nine  of  whom  shall  be  members  of  the  House  and  six 
members  of  the  Senate,  who  shall  inquire  into  the  condition  of  the  States  which  formed 
the  so-called  Confederate  States  of  America,  and  report  whether  they,  or  any  of  them,  are 
entitled  to  be  represented  in  either  house  of  Congress ;  with  leave  to  report  at  any  time,  by 
bill  or  otherwise. 

DECEMBER  13,  1865. 

A  message  from  the  House  of  Representatives,  by  Mr.  McPherson,  its  Clerk : 
The  House  of  Representatives  has  agreed  to  the  amendments  of  the  Senate  to  the  resolu 
tion  of  the  House  for  the  appointment  of  a  joint  committee  to  inquire  into  the  condition  of 
the  States  which  formed  the  so-called  Confederate  States. 

Attest:  J.  W.  FORNEY,  Secretary. 

Committee  on  the  part  of  the  Senate. 

William  P.  Fessenden,  Maine.  Jacob  M.  Howard,  Michigan. 

James  W.  Grimes,  Iowa.  Reverdy  Johnson,  Maryland. 

Ira  Harris,  New  York.  George  H.  Williams,  Oregon. 

Committee  on  the  part  of  the  House  of  Representatives, 

Thaddeus  Stevens,  Pennsylvania.  Roscoe  Conkling,  New  York. 

Ellihu  B.  Washburne,  Illinois.  George  S.  Boutwell,  Massachusetts. 

Justin  S.  Morrill,  Vermont.  Henry  T.  Blow,  Missouri. 

Henry  Grider,  Kentucky.  Andrew  J.  Rogers,  New  Jersey. 
John  A.  Bingham,  Ohio. 


IN  THE  SENATE  OF  THE  UNITED  STATES, 

January  12,  1866. 

Pesohed  by  the  Senate,  (the  House  of  Representatives  concurring,)  That  the  joint  com 
mittee  appointed  to  inquire  into  the  condition  of  the  States  which  formed  the  so-called  Con 
federate  States  be  authorized  to  send  for  persons  and  papers. 

Attest:  J.  W.  FORNEY,  Secretary, 

By  W.  J.  MCDONALD,  Chief  Clerk. 


IV  RECONSTRUCTION. 


IN  THE  HOUSE  OF  REPRESENTATIVES  OF  THE  UNITED  STATES, 

January  16,  186G, 

Resolved,  That  the  House  concur  in  the  foregoing  resolution  of  the  Senate. 

Attest:  EDWARD  McPHERSON,   Clerk. 


IN  THE  HOUSE  OF  REPRESENTATIVES, 

December  14,  1865. 

On  motion  of  Mr.  Wilson, 

Resolved,  That  all  papers  which  may  be  offered  relative  to  the  representation  of  the  late 
so-called  Confederate  States  of  America,  or  either  of  them,  shall  be  referred  to  the  joint  com 
mittee  of  fifteen  without  debate,  and  no  members  shall  be  admitted  from  either  of  said  so- 
called  States  until  Congress  shall  believe  such  States,  or  either  of  them,  entitled  to  repre 
sentation. 

Attest:  EDWARD  McPHERSON,  Clerk. 


IN  THE  SENATE  OF  THE  UNITED  STATES, 

January  22,  1806. 

Resolved,  That,  until  otherwise  ordered,  all  papers  presented  to  the  Senate  relating  to  the 
condition  and  title  to  representation  of  the  so-called  Confederate  States  shall  be  referred  to 
the  joint  committee  upon  that  subject. 

Attest:  J.  W.  FORNEY,  Secretary. 


The  following  joint  resolution  and  bills  were  reported  to  the  Senate  and  House  of  Repre 
sentatives  April  30,  1866,  viz : 

JOINT  RESOLUTION  proposing  an  amendment  to  the  Constitution  of  the  United  States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  (two- thirds  of  both  houses  concurring,)  That  the  following  article  be 
proposed  to  the  legislatures  of  the  several  States  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  Avhen  ratified  by  three-fourths  of  said  legislatures,  shall  be  valid  as 
part  of  the  Constitution,  namely : 

ARTICLE  — . 

SECTION  1.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges  or 
immunities  of  citizens  of  the  United  States ;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property  without  due  process  of  law,  nor  deny  to  any  person  within  its  jurisdic 
tion  the  equal  protection  of  the  laws. 

SECTION  2.  Representatives  shall  be  apportioned  among  the  several  States  which  may  be 
included  within  this  Union,  according  to  their  respective  numbers,  counting  the  whole  num 
ber  of  persons  in  each  State,  excluding  Indians  not  taxed.  But  whenever  in  any  State  the 
elective  franchise  shall  be  denied  to  any  portion  of  its  male  citizens  not  less  than  twenty-one 
years  of  age,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime,  the 
basis  of  representation  in  such  State  shall  be  reduced  in  the  proportion  which  the  number  of 
such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens  not  less  than  twenty- one 
years  of  age. 

SECTION  3.  Until  the  fourth  day  of  July,  in  the  year  one  thousand  eight  hundred  and 
seventy,  all  persons  who  voluntarily  adhered  to  the  late  insurrection,  giving  it  aid  and  com 
fort,  shall  be  excluded  from  the  right  to  vote  for  representatives  in  Congress  and  for  electors 
for  President  and  Vice-President  of  the  United  States. 

SECTION  4.  Neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obli 
gation  already  incurred,  or  which  may  hereafter  be  incurred,  in  a'id  of  insurrection  or  of  war 
against  the  United  States,  or  any  claim  for  compensation  for  loss  of  involuntary  service  or 
labor. 

SECTION  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the  pro 
visions  of  this  article. 


RESOLUTIONS,    COMMITTEE,   ETC.  V 

A  BILL  to  provide  for  restoring  to  the  States  lately  in  insurrection  their  nil  political  rights. 

Whereas  it  is  expedient  that  the  States  lately  in  insurrection  should,  at  the  earliest  day 
consistent  with  the  future  peace  and  safety  of  the  Union,  be  restored  to  full  participation  in 
all  political  rights;  and  whereas  the  Congress  did,  by  joint  resolution,  propose  for  ratification 
to  the  legislatures  of  the  several  States,  as  an  amendment  to  the  Constitution  of  the  United 
States,  an  article  in  the  following  words,  to  wit : 

"ARTICLE  — . 

"SECTION  1.  No  State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States ;  nor  shall  any  State  deprive  any  person  of  life, 
liberty,  or  property,  without  due  process  of  law;  nor  to  deny  to  any  person  within  its  juris 
diction  the  equal  protection  of  the  laws. 

"SECTION  2.  Representatives  shall  be  apportioned  among  the  several  States  which  may 
be  included  within  this  Union,  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed.  But  whenever,  in  any  State, 
the  elective  franchise  shall  be  denied  to  any  portion  of  its  male  citizens  not  less  than  twenty- 
one  years  of  age,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime, 
the  basis  of  representation  in  such  States  shall  be  reduced  in  the  proportion  which  the  num 
ber  of  such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens  not  less  than  twenty- 
one  years  of  age. 

"SECTION  3.  Until  the  fourth  day  of  July,  in  the  year  one  thousand  eight  hundred  and 
seventy,  all  persons  who  voluntarily  adhered  to  the  late  insurrection,  giving  it  aid  and  com 
fort,  shall  be  excluded  from  the  right  to  vote  for  representatives  in  Congress  and  for  electors 
for  President  and  Vice- President  of  the  United  States. 

"SECTION  4.  Neither  the  United  States  nor  any  State  shall  assume  or  pay  any  debt  or 
obligation  already  incurred,  or  which  may  hereafter  be  incurred,  in  aid  of  insurrection  or  of 
war  against  the  United  States,  or  any  claim  for  compensation  for  loss  of  involuntary  service 
or  labor. 

"SECTIONS.  The  Congress  shall  have  power  to  enforce  by  appropriate  legislation  the 
provisions  of  this  article:" 

Now,  therefore — 

Be  it  enacted  ly  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  whenever  the  above-recited  amendment  shall  have  become  part 
of  the  Constitution  of  the  United  States,  and  any  State  lately  in  insurrection  shall  have  rati 
fied  the  same,  and  shall  have  modified  its  constitution  and  laws  in  conformity  therewith,  the 
senators  and  representatives  from  such  State,  if  found  duly  elected  and  qualified,  may,  after 
having  taken  the  required  oaths  of  office,  be  admitted  into  Congress  as  such. 

SEC.  2.  And  be  it  further  enacted,  That  when  any  State  lately  in  insurrection  shall  have 
ratified  the  foregoing  amendment  to  the  Constitution,  any  part  of  the  direct  tax  under  the  act 
of  August  five,  eighteen  hundred  and  sixty-one,  which  may  remain  due  and  unpaid  in  such 
State,  may  be  assumed  and  paid  by  such  State ;  and  the  payment  thereof,  upon  proper  assu 
rances  from  such  State  to  be  given  to  the  Secretary  of  the  Treasury  of  the  United  States,  may 
be  postponed  for  a  period  not  exceeding  ten  years  from  and  after  the  passage  of  this  act. 

A  BILL  declaring  certain  persons  ineligible  to  office  under  the  government  of  the  United 

States. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in 
Congress  assembled,  That  no  person  shall  be  eligible  to  any  office  under  the  government  of 
the  United  States  who  is  included  in  any  of  the  following  classes,  namely: 

First.  The  President  and  Vice-President  of  the  Confederate  States  of  America,  so  called, 
and  the  heads  of  department  thereof. 

Second.  Those  wlio  in  other  countries  acted  as  agents  of  the  Confederate  States  of  America, 
fo  called. 

Third.  Heads  of  departments  of  the  United  States,  officers  of  the  army  and  navy  of  tho 
United  States,  and  all  persons  educated  at  the  Military  or  Naval  Academy  of  the  United 
States,  judges  of  the  courts  of  the  United  States,  and  members  of  either  house  of  the  thirty- 
sixth  Congress  of  the  United  States,  who  gave  aid  or  comfort  to  the  late  rebellion. 

Fourth.  Those  who  acted  as  officers  of  the  Confederate  States  of  America,  so  called,  above 
the  grade  of  colonel  in  the  army  or  master  in  the  navy ;  and  any  one  who,  as  governor  of 
either  of  the  so-called  Confederate  States,  gave  aid  or  comfort  to  the  late  rebellion. 

Fifth.  Those  who  have  treated  officers  or  soldiers  or  sailors  of  the  army  or  navy  of  the 
United  States,  captured  during  the  late  war,  otherwise  than  lawfully  as  prisoners  of  war. 


VI  RECONSTRUCTION. 


The  following  is  the  joint  resolution  proposing  an  amendment  to  the  Constitution  of  tho 
United  States,  as  passed  finally  June  13,  1866  : 

JOINT  RESOLUTION  proposing  an  amendment  to  the  Constitution  of  the  United  States. 

Resohcd  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con 
gress  assembled,  (two-thirds  of  both  houses  concurring,)  That  the  following  article  be  pro 
posed  to  the  legislatures  of  the  several  States  as  an  amendment  to  the  Constitution  of  the 
United  States,  which,  when  ratified  by  three-fourths  of  said  legislatures,  shall  be  valid  as 
part  of  the  Constitution,  namely : 

ARTICLE  14. 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject  to  the  juris 
diction  thereof,  are  citizens  of  the  United  States  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the  privileges  or  immunities  of  citi 
zens  of  the  United  States  ;  nor  shall  any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law,  nor  deny  to  any  person  within  its  jurisdiction  the  equal  protec 
tion  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several  States  according  to  their 
respective  numbers,  counting  the  whole  number  of  persons  in  each  State,  excluding  Indians 
not  taxed.  But  when  the  right  to  vote  at  any  election  for  the  choice  of  electors  for  President 
and  Vice-President  of  the  United  States,  representatives  in  Congress,  the  executive  and 
judicial  officers  of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied  to  any  of  the 
male  inhabitants  of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the  United 
States,  or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime;  the  basis 
of  representation  therein  shall  be  reduced  in  the  proportion  which  the  number  of  such  maid 
citizens  shall  bear  to  the  whole  number  of  male  citizens  twenty-one  years  of  age  in  such 
State. 

SEC.  3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector  of  President 
and  Vice-President,  or  hold  any  office,  civil  or  military,  under  the  United  States,  or  under 
any  State,  who,  having  previously  taken  an  oath,  as  a  member  of  Congress,  or  as  an  officer 
of  the  United  States,  or  as  a  member  of  any  State  legislature,  or  as  an  executive  or  judicial 
officer  of  any  State,  to  support  the  Constitution  of  the  United  States,  shall  have  engaged  in 
insurrection  or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by  law,  including 
debts  incurred  for  payment  of  pensions  and  bounties  for  services  in  suppressing  insurrection 
or  rebellion,  shall  not  be  questioned.  But  neither  the  United  States  nor  any  State  shall  as 
sume  or  pay  any  debt  or  obligation  incurred  in  aid  of  insurrection  or  rebellion  against  the 
United  States,  or  any  claim  for  the  loss  or  emancipation  of  any  slave;  but  all  such  debts, 
obligations  and  claims  shall  be  held  illegal  and  void. 

Sue.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation,  the  provi 
sions  of  this  article. 


KEPORT 

OF  THE 

JOINT  COMMITTEE  ON  RECOISTRUCTION. 


The  Joint  Committee  of  the  two  houses  of  Congress  appointed  under  the  con* 
current  resolution  of  December  13,  1865,  with  direction  '  to  inquire  into  the 
condition  of  the  States  which  formed  the  so-called  Confederate  States  of 
America,  and  report  whether  they  or  any  oftJicm  are  entitled  to  be  represented 
in  either  house  of  Congress,  with  leave  to  report  by  bill  or  otherwise"  ask  leave 
to  report : 

That  they  Lave  attended  to  the  duty  assigned  them  as  assiduously  as  other 
duties  would  permit,  and  now  submit  to  Congress,  as  the  result  of  their  delibera 
tions,  a  resolution  proposing  amendments  to  the  Constitution,  and  two  bills,  of 
which  they  recommend  the  adoption. 

Before  proceeding  to  set  forth  in  detail  their  reasons  for  the  conclusion  to 
which,  after  great  deliberation,  your  committee  have  arrived,  they  beg  leave  to 
advert,  briefly,  to  the  course  of  proceedings  they  found  it  necessary  to  adopt, 
and  to  explain  the  reasons  therefor. 

The  resolution  under  which  your  committee  was  appointed  directed  them  to 
inquire  into  the  condition  of  the  Confederate  States,  and  report  whether  they 
were  entitled  to  representation  in  Congress.  It  is  obvious  that  such  an  investi 
gation,  covering  so  large  an  extent  of  territory  and  involving  so  many  important 
considerations,  must  necessarily  require  no  trifling  labor,  and  consume  a  very 
considerable  amount  of  time.  It  must  embrace  the  condition  in  which  those 
States  were  left  at  the  close  of  the  war ;  the  measures  which  have  been  taken 
towards  the  reorganization  of  civil  government,  and  the  disposition  of  the  people 
towards  the  United  States ;  in  a  word,  their  fitness  to  take  an  active  part  in  the 
administration  of  national  affairs. 

As  to  their  condition  at  the  close  of  the  rebellion,  the  evidence  is  open 
to  all  and  admits  of  no  dispute.  They  were  in  a  state  of  utter  exhaustion. 
Having  protracted  their  struggle  against  federal  authority  until  all  hope 
of  successful  resistance  had  ceased,  and  laid  down  their  arms  only  because 
there  was  no  longer  any  power  to  use  them,  the  people  of  those  States  were 
left  bankrupt  in  their  public  nuances,  and  shorn  of  the  private  wealth  which 
had  before  given  them  power  and  influence.  They  were  also  necessarily  in 
a  state  of  complete  anarchy,  without  governments  and  without  the  power  to 
frame  governments  except  by  the  permission  of  those  who  had  been  successful 
in  the  war.  The  President  of  the  United  States,  in  the  proclamations  under 
which  he  appointed  provisional  governors,  and  in  his  various  communications  to 
them,  has,  in  exact  terms,  recognized  the  fact  that  the^people  of  those  States 
were,  when  the  rebellion  was  crushed,  "  deprived  of  all  civil  government,"  and 
must  proceed  to  organize  anew.  In  his  conversation  with  Mr.  Stearns,  of  Mas- 


VIII  RECONSTRUCTION. 

saclmsetts,  certified  by  himself,  President  Johnson  said,  "the  State  institutions 
are  prostrated,  laid  out  on  the  ground,  and  they  must  be  taken  up  and  adapted 
to  the  progress  of  events.'*  Finding  the  southern  States  in  this  condition,  and 
Congress  having  failed  to  provide  for  the  contingency,  his  duty  was  obvious. 
As  President  of  the  United  States,  he  had  no  power,  except  to  execute  the  laws 
of  the  land  as  Chief  Magistrate.  These  laws  gave  him  no  authority  over  the 
subject  of  reorganization,  but  by  the  Constitution  he  was  commander-in-chief  of 
the  army  and  navy  of  the  United  States.  The  Confederate  States  embraced 
a  portion  of  the  people  of  the  Union  who  had  been  in  a  state  of  revolt,  but  had 
been  reduced  to  obedience  by  force  of  arms.  They  were  in  an  abnormal  condi 
tion,  without  civil  government,  without  commercial  connexions,  without  national 
or  international  relations,  and  subject  only  to  martial  law.  By  withdrawing 
their  representatives  in  Congress,  by  renouncing  the  privilege  of  representation, 
by  organizing  a  separate  government,  and  by  levying  war  against  the  United 
States,  they  destroyed  their  State  constitutions  in  respect  to  the  vital  principle 
which  connected  their  respective  States  with  the  Union  and  secured  their  fed 
eral  relations  ;  and  nothing  of  those  constitutions  was  left  of  which  the  United 
States  were  bound  to  take  notice.  For  four  years  they  had  a  de  facto  govern 
ment,  but  it^vas  usurped  and  illegal.  They  chose  the  tribunal  of  arms  wherein 
to  decide  whether  or  not  it  should  be  legalized,  and  they  were  defeated.  At  the 
close  of  the  rebellion,  therefore,  the  people  of  the  rebellious  States  were  found, 
as  the  President  expresses  it,  "  deprived  of  all  civil  government." 

Uncfer  this  state  of  affairs  it  was  plainly  the  duty  of  the  President  to  enforce 
existing  national  laws,  and  to  establish,  as  far  as  he  could,  such  a  system  of 
government  as  might  be  provided  for  by  existing  national  statutes.  As  Com 
mander-in-chief  of  a  victorious  army,  it  was  his  duty,  under  the  law  of  nations 
and  the  army  regulations,  to  restore  order,  to  preserve  property,  and  to  protect 
the  people  against  violence  from  any  quarter  until  provision  should  be  made  by 
law  for  their  government.  He  might,  as  President,  assemble  Congress  ai:<l 
submit  the  whole  matter  to  the  law-making  power ;  or  he  might  continue  military 
supervision  and  control  until  Congress  should  assemble  on  its  regular  appointed 
day.  Selecting  the  latter  alternative,  he  proceeded,  by  virtue  of  his  power  as 
command er-in-chief,  to  appoint  provisional  governors  over  the  revolted  States. 
These  were  regularly  commissioned,  and  4heir  compensation  was  paid,  as  the 
Secretary  of  War  states,  "  from  the  appropriation  for  army  contingencies,  because 
the  duties  performed  by  the  parties  were  regarded  as  of  a  temporary  character, 
ancillary  to  the  withdrawal  of  military  force,  the  disbandment  of  armies,  and 
the  reduction  of  military  expenditure,  by  provisional  organizations  for  the  pro 
tection  of  civil  rights,  the  preservation  of  peace,  and  to  take  the  place  of 
armed  force  in  the  respective  States."  It  cannot,  we  think,  be  contended  that 
these  governors  possessed,  or  could  exercise,  any  but  military  authority.  They 
had  no  power  to  organize  civil  governments,  nor  to  exercise  any  authority 
except  that  which  inhered  in  their  own  persons  under  their  commissions.  Neither 
had  the  President,  as  commander-in-chief,  any  other  than  military  power. 
But  he  was  in  exclusive  possession  of  the  military  authority.  It  was  for  him 
to  decide  how  far  he  would  exercise  it,  how  far  he  would  relax  it,  when  and  on 
what  terms  he  would  withdraw  it.  He  might  properly  permit  the  people  to  as 
semble,  and  to  initiate  local  governments,  and  to  execute  such  local  laws  as  they 
might  choose  to  frame  not  inconsistent  with,  nor  in  opposition  to,  the  laws  of 
the  United  States.  And,  if  satisfied  that  they  might  safely  be  left  to  them 
selves,  he  might  withdraw  the  military  forces  altogether,  and  leave  the  people 
of  any  or  all  of  these  States  to  govern  themselves  without  his  interference.  In 
the  language  of  the  Secretary  of  State,  in  his  telegram  to  the  provisional  gov 
ernor  of  Georgia,  dated  October  28,  1865,  he  might  "  recognize  the  people  of 
any  State  as  having  resumed  the  relations  of  loyalty  to  the  Union,"  and  act  in  his 
military  capacity  on  this  hypothesis.  All  this  was  within  his  own  discretion,  as 


REPORT   OF   THE    COMMITTEE.  IX 

military  commander.  But  it  was  not  for  him  to  decide  upon  the  nature  or  effect 
of  any  system  of  government  which  the  people  of  these  States  might  see  fit  to  adopt. 
This  power  is  lodged  by  the  Constitution  in  the  Congress  of  the  United  States 
that  branch  of  the  government  in  which  is  vested  the  authority  to  fix  the 
political  relations  of  the  States  to  the  Union,  whose  duty  it  is  to  guarantee  to 
each  State  a  republican  form  of  government,  and  to  protect  each  and  all  of  them 
against  foreign  or  domestic  violence,  and  against  each  other.  We  cannot,  there 
fore,  regard  the  various  acts  of  the  President  in  relation  to  the  formation  of 
local  governments  in  the  insurrectionary  States,  and  the  conditions  imposed  by 
him  upon  their  action,  in  any  other  light  than  as  intimations  to  the  people  that, 
as  commander-in-chief  of  the  army,  he  would  consent  to  withdraw  military  rule 
just  in  proportion  as  they  should,  by  their  acts,  manifest  a  disposition  to  pre 
serve  order  among  themselves,  establish  governments  denoting  loyalty  to  the 
Union,  and  exhibit  a  settled  determination  to  return  to  their  allegiance,  leaving 
with  the  law-making  power  to  fix  the  terms  of  their  final  restoration  to  all  their 
rights  and  privileges  as  States  of  the  Union.  That  this  was  the  view  of  his 
power,  taken  by  the  President  is  evident  from  expressions  to  that  effect  in  the 
communications  of  the  Secretary  of  State  to  the  various  provisional  governors, 
and  the  repeated  declarations  of  the  President  himself.  Any  other  supposition 
inconsistent  with  this  would  impute  to  the  President  designs  of  encroachment 
upon  a  co-ordinate  branch  of  the  government,  which  should  not  be  lightly  at 
tributed  to  the  Chief  Magistrate  of  the  nation. 

When  Congress  assembled  in  December  last  the  people  of  most  of  the  States 
lately  in  rebellion  had,  under  the  advice  of  the  President,  organized  local  govern 
ments,  and  some  of  them  had  acceded  to  the  terms  proposed  by  him.  In  his 
annual  message  he  stated,  in  general  terms,  what  had  been  done,  but  he  did  not 
see  fit  to  communicate  the  details  for  the  information  of  Congress.  While  in 
this  and  in  a  subsequent  message  the  President  urged  the  speedy  restoration 
of  these  States,  and  expressed  the  opinion  that  their  condition  was  such  as  to 
justify  their  restoration,  yet  it  is  quite  obvious  that  Congress  must  either  have 
acted  blindly  on  that  opinion  of  the  President,  or  proceeded  to  obtain  the  informa 
tion  requisite  for  intelligent  action  on  the  subject.  The  impropriety  of  pro 
ceeding  Avholly  on  the  judgment  of  any  one  man,  however  exalted  his  station, 
in  a  matter  involving  the  welfare  of  the  republic  in  all  future  time,  or  of  adopt 
ing  any  plan,  coming  from  any  source,  without  fully  understanding  all  its  bear 
ings  and  comprehending  its  fill  effect,  was  apparent.  The  first  step,  therefore, 
was  to  obtain  the  required  information.  A  call  was  accordingly  made  on  the 
President  for  the  information  in  his  possession  as  to  what  had  been  done,  in 
order  that  Congress  might  judge  for  itself  as  to  the  grounds  of  the  belief  ex 
pressed  by  him  in  the  fitness  of  States  recently  in  rebellion  to  participate  fully 
in  the  conduct  of  national  affairs.  This  information  was  not  immediately  com 
municated.  When  the  response  was  finally  made,  some  six  weeks  after  your 
committee  had  been  in  actual  session,  it  was  found  that  the  evidence  upon  which 
the  President  seemed  to  have  based  his  suggestions  was  incomplete  and  unsatis 
factory.  Authenticated  copies  of  the  new  constitutions  and  ordinances  adopted 
by  the  conventions  in  three  of  the  States  had  been  submitted,  extracts  from 
newspapers  furnished  scanty  information  as  to  the  action  of  one  other  State,  and 
nothing  appears  to  have  been  communicated  as  to  the  remainder.  There  was 
no  evidence  of  the  loyalty  of  those  who  had  participated  in  these  conventions, 
and  in  one  State  alone  was  any  proposition  made  to  submit  the  action  of  the  con 
ventions  to  the  final  judgment  of  the  people. 

Failing  to  obtain  the  desired  information,  and  left  to  grope  for  light  wherever 
it  might  be  found,  your  committee  did  not  deem  it  either  advisable  or  safe  to 
adopt,  without  further  examination,  the  suggestions  of  the  President,  more 
especially  as  he  had  not  deemed  it  expedient  to  remove  the  military  force, 
to  suspend  martial  law,  or  to  restore  the  writ  of  habeas  corpus,  but  still 


X  RECONSTRUCTION. 

thought  it  necessary  to  exercise  over  the;  people  of  the  rebellious  States 
his  military  power  and  jurisdiction.  This  conclusion  derived  still  greater 
force  from  "She  fact,  undisputed,  that  in  all  these  States,  except  Tennessee 
and  perhaps  Arkansas,  the  elections  which  were  held  lor  State  officers  and 
members  of  Congress  had  resulted,  almost  universally,  in  the  defeat,  of  candi 
dates  who  had  been  true  to  the  Union,  and  in  the  election  of  notorious  and  un- 
pardoned  rebels,  men  who  could  not  take  the  prescribed  oath  of  office,  and  who 
made  no  secret  of  their  hostility  to  the  government  and  the  people  of  the  United 
States.  Under  these  circumstances,  anything  like  hasty  action  would  have  been 
as  dangerous  as  it  was  obviously  unwise.  It  appeared  to  your  committee  that 
but  one  course  remained,  viz  :  to  investigate  carefully  and  thoroughly  the  state 
of  feeling  and  opinion  existing  among  the  people  of  these  States  ;  to  ascertain 
how  far  their  pretended  loyalty  could  be  relied  upon,  and  thence  to  infer  whether 
it  would  be  safe  to  admit  them  at  once  to  a  full  participation  in  the  government 
they  had  fought  for  four  years  to  destroy.  It  was  an  equally  important  inquiry 
whether  their  restoration  to  their  former  relations  with  the  United  States  should 
only  be  granted  upon  certain  conditions  and  guarantees  which  would  effectually 
secure  the  nation  against  a  recurrence  of  evils  so  disastrous  as  those  from  which 
it  had  escaped  at  so  enormous  a  sacrifice. 

To  obtain  the  necessary  information  recourse  could  only  be  had  to  the  exam 
ination  of  witnesses  whose  position  had  given  them  the  best  means  of  forming 
an  accurate  judgment,  who  could  state  facts  from  their  own  observation,  and 
whose  character  and  standing  afforded  the  best  evidence  of  their  truthfulness 
and  impartiality.  A  work  like  this,  covering  so  large  an  extent  of  territory, 
and  embracing  such  complicated  and  extensive  inquiries,  necessarily  required 
much  time  and  labor.  To  shorten  the  time  as  much  as  possible,  the  work  was 
divided  and  placed  in  the  hands  of  four  sub- committees,  who  have  been  dili 
gently  employed. in  its  accomplishment.  The  results  of  their  labors  have  been 
heretofore  submitted,  and  the  country  will  judge  how  far  they  sustain  the  Pres 
dent's  views,  and  how  far  they  justify  the  conclusions  to  which  your  committee 
have  finally  arrived. 

A  claim  for  the  immediate  admission  of  senators  and  representatives 
so-called  Confederate  States  has  been  urged,  which  seems  to  your  committee  not 
to  be  founded  either  in  reason  or  in  law,  and  which  cannot  be  passed  without 
comment.  Stated  -in  a  few  words,  it  amounts  to  this :  That  inasmuch  as  the 
lately  insurgent  States  had  no  legal  right  to  separate  themselves  from  the  Union, 
they  still  retain  their  positions  as  States,  and  consequently  the  people  thereof 
have  a  right  to  immediate  representation  in  Congress  without  the  imposition  of 
any  conditions  whatever;  and  further,  that  until  such  admission  Congress  has 
no  right  to  tax  them  for  the  support  of  the  government.  It  has  even  been  con 
tended  that  until  such  admission  all  legislation  affecting  their  interests  is,  if  not 
unconstitutional,  at  least  unjustifiable  and  oppressive. 

It  is  believed  by  your  committee  t\iat  all  these  propositions  are  not  only 
wholly  untenable,  but,  if  admitted,  would  tend  to  the  destruction  of  the  govern 
ment. 

It  must  not  be  forgotten  that  the  people  of  these  States,  without  justification 
or  excuse,  rose  in  insurrection  against  the  United  States.  They  deliberately 
abolished  their  State  governments  so  far  as  the  same  connected  them  politically 
with  the  Union  as  members  thereof  under  the  Constitution.  They  deliberately 
renounced  their  allegiance  to  the  federal  government,  and  proceeded  to  establish 
an  independent  government  for  themselves.  In  the  prosecution  of  this  enter 
prise  they  seized  the  national  forts,  arsenals,  dock-yards,  and  other  public  prop 
erty  within  their  borders,  drove  out  from  among  them  those  who  remained  true 
to  the  Union,  and  In-aped  every  imaginable  insult  and  injury  upon  the  United 
States  and  its  citizens.  Finally,  they  opened  hostilities,  and  levied  war  against 
the  government  They  continued  this  war  for  four  years  with  the  most  deter- 


REPORT   OF   THE    COMMITTEE  XI 

mined  and  malignant  spirit,  killing  in  battle,  and  otherwise,  large  numbers  of 
loyal  people,  destroying  the  property  of  loyal  citizens  on  the  sea  and  on  the 
land,  and  entailing  on  the  government  an  enormous  debt,  incurred  to  sustain  its 
rightful  authority.  Whether  legally  and  constitutionally  or  not,  they  did,  in 
fact,  withdraw  from  the  Union  and  made  themselves  subjects  of  another  govern 
ment  of  their  own  creation.  And  they  only  yielded  when,  after  a  long,  bloody, 
and  wasting  war,  they  were  compelled  by  utter  exhaustion  to  lay  down  their 
arms ;  and  this  they  did,  not  willingly,  but  declaring  that  they  yielded  because 
they  could  no  longer  resist,  affording  no  evidence  whatever  of  repentance  for 
their  crime,  and  expressing  no  regret,  except  that  they  had  no  longer  the  power 
to  continue  the  desperate  struggle. 

It  cannot,  we  think,  be  denied  by  any  one,  having  a  tolerable  acquaintance 
with  public  law,  that  the  war  thus  waged  was  a  civil  war  of  the  greatest 
magnitude.  The  people  waging  it  were  necessarily  subject  to  all  the  rules 
which,  by  the  law  of  nations,  control  a  contest  of  that  character,  and  to  all  the 
legitimate  consequences  following  it.  One  of  those  consequences  was  that, 
within  the  limits  prescribed  by  humanity,  the  conquered  rebels  were  at  the  mercy 
of  the  conquerors.  That  a  government  thus  outraged  had  a  most  perfect  right 
to  exact  indemnity  for  the  injuries  done,  and  security  against  the  recurrence  of 
such  outrages  in  the  future,  would  seem  too  clear  for  dispute.  What  the  nature 
of  that  security  should  be,  what  proof  should  be  required  of  a  return  to  allegi 
ance,  what  time  should  elapse  before  a  people  thus  demoralized  should  be  re 
stored  in  full  to  the  enjoyment  of  political  rights  and  privileges,  are  questions 
for  the  law-making  power  to  decide,  and  that  decision  must  depend  on  grave 
considerations  of  the  public  safety  and  the  general  welfare. 

It  is  moreover  contended,  and  with  apparent  gravity,  that,  from  the  peculiar 
nature  and  character  of  our  government,  no  such  right  on  the  part  of  the 
conqueror  can  exist ;  that  from  the  moment  when  rebellion  lays  down  its  arms 
and  actual  hostilities  cease,  all  political  rights  of  rebellious  communities  are  at  once 
restored;  that,  because  the  people  of  a  State  of  the  Union  were  once  an  organ 
ized  community  within  the  Union,  they  necessarily  so  remain,  and  their  right  to 
be  represented  in  Congress  at  any  and  all  times,  and  to  participate  in  the  gov 
ernment  of  the  country  under  all  circumstances,  admits  of  neither  question  nor 
dispute.  If  this  is  indeed  true,  then  is  the  government  of  the  United  States 
powerless  for  its  own  protection,  and  flagrant  rebellion,  carried  to  the  ej&rcme 
of  civil  war,  is  a  pastime  which  any  State  may  play  at,  not  only  certain  that  it 
can  lose  nothing  in  any  event,  but  may  even  be  the  gainer  by  defeat.  If  re 
bellion  succeeds,  it  accomplishes  its  purpose  and  destroys  the  government.  If 
it  fails,  the  w^ar  has  been  barren  of  results,  and  the  battle  may  be  still  fought  out 
in  the  legislative  halls  of  the  country.  Treason,  defeated  in  the  field,  has  only 
to  take  possession  of  Congress  and  the  cabinet. 

Your  committee  do  not  deem  it  either  necessary  or  proper  to  discuss  the  ques 
tion  whether  the  late  Confederate  States  are  still  States  of  this  Union,  or  can  ever 
be  otherwise.  Granting  this  profitless  abstraction  about  which  so  many  words  have 
been  wasted,  it  by  no  means  follows  that  the  people  of  those  States  may  not  place 
themselves  in  a  condition  to  abrogate  the  powers  and  privileges  incident  to  a  State 
of  the  Union,  and  deprive  themselves  of  all  pretence  of  right  to  exercise  those  pow 
ers  and  enjoy  those  privileges.  A  State  within  the  Union  has  obligations  to  dis 
charge  as  a  member  of  the  Union.  It  must  submit  to  federal  laws  and  uphold  fed 
eral  authority.  It  must  have  a  government  republican  in  form,  under  and  by  which 
it  is  connected*with  the  general  government,  and  through  which  it  can  discharge 
its  obligations.  It  is  more  than  idle,  it  is  a  mockery,  to  contend  that  a  people 
who  have  thrown  off  their  allegiance,  destroyed  the  local  government  whicl^ 
bound  their' States  to  the  Union  as  members  thereof,  defied  its  authority,  refu«  d 
to  execute  its  laws,  and  abrogated  every  provision  which  gave  them  political 
rights  within  the  Union,  still  retain,  through  ail,  the  perfect  and  entire  right  to 


XII  RECONSTRUCTION. 

• 

resume,  at  their  own'  will  and  pleasure,  all  their  privileges  within  the  Union, 
and  especially  to  participate  in  its  government,  and  to  control  the  conduct  of 
its  affairs.  To  admit  such  a  principle  for  one  moment  would  be  to  declare  that 
treason  is  always  master  and  loyalty  a  blunder.  Such  a  principle  is  void  by  its 
very  nature  and  essence,  'because  inconsistent  with  the  theory  of  government, 
and  fatal  to  its  very  existence. 

On  the  contrary,  we  assert  that  no  portion  of  the  people  of  this  country, 
whether  in  State  or  Territory,  have  the  right,  while  remaining  on  its  soil,  to 
withdraw  from  or  reject  the  authority  of  the  United  States.  They  must  obey 
its  laws  as  paramount,  and  acknowledge  its  jurisdiction.  They  have  no  right 
to' secede  ;  and  while  they  can  destroy  their  State  governments,  and  place  them 
selves  beyond  the  pale  of  the  Union,  so  far  as  the  exercise  of  State  privileges 
is  concerned,  they  cannot  escape  the  obligations  imposed  upon  them  by  the 
Constitution  and  the  laws,  nor  impair  the  exercise  of  national  authority.  The 
Constitution,  it  will  be  observed,  does  not  act  upon  States,  as  such,  but  upon 
the  people ;  while,  therefore,  the  people  cann6£  escape  its  authority,  the  States 
may,  through  the  act  of  their  people,  cease  to  exist  in  an  organized  form,  and 
thus  dissolve  their  political  relations  with  the  United  States. 

That  taxation  should  be  only  with  the  consent  of  the  taxed,  through  their  own 
representatives,  is  a  cardinal  principle  of  all  free  governments  ;  but  it  is  not 
true  that  taxation  and  representation  must  go  together  under  all  circumstances, 
and  at  every  moment  of  time.  The  people  of  the  District  of  Columbia  and  of 
the  Territories  are  taxed,  although  not  represented  in  Congress.  If  it  is  true 
that  the  people  of  the  so-called  Confederate  States  had  no  right  to  throw  off  the 
authority  of  the  United  States,  it  is  equally  true  that  they  are  bound  at  all  times 
to  share  the  burdens  of  government.  They  cannot,  either  legally  or  equitably, 
refuse  to  bear  their  just  proportion  of  these  burdens  by  voluntarily  abdicating 
their  rights  and  privileges  as  States  of  the  Union,  and  refusing  to  be  represented 
in  the  councils  of  the  nation,  much  less  by  rebellion  against  national  authority 
and  levying  war.  To  hold  that  by  so  doing  they  could  escape*  taxation  would 
lie  to  offer  a  premium  for  insurrection — to  reward  instead  of  punishing  treason. 
To  hold  that  as  soon  as  government  is  restored  to  its  full  authority  it  can  be 
allowed  no  time  to  secure  itself  against  similar  wrongs  in  the  future,  or  else  omit 
the  ordinary  exercise  of  its  constitutional  power  to  compel  equal  contribution 
from  aall,  towards  the  expenses  of  government,  would  be  unreasonable  in  itself, 
and  unjust  to  the  nation.  It  is  sufficient  to  reply  that  the  loss  of  representation 
by  the  people  of  the  insurrectionary  States  was  their  own  voluntary  choice. 
They  might  abandon  their  privileges,  but  they  could  not  escape  their  obligations; 
and  surely  they  have  no  right  to  complain  if,  before  resuming  those  privileges, 
and  while  the  people  of  the  United  States  are  devising  measures  for  the  public 
safety,  rendered  necessary  by  the  act  of  those  who  thus  disfranchised  themselves, 
they  are  compelled  to  contribute  their  just  proportion  of  the  general  burden  of 
taxation  incurred  by  their  wickedness  and  folly. 

Equally  absurd  is  the  pretence  that  the  legislative  authority  of  the  nation 
must  be  inoperative  so  far  as  they  are  concerned,  while  they,  by  their  own  act, 
have  lost  the  right  to  take  part  in  it.  Such  a  proposition  carries  its  own  refuta 
tion  on  its  face. 

While  thus  exposing  fallacies  which,  as  your  committee  believe,  are  resorted 
to  for  the  purpose  of  misleading  the  people  and  distracting  their  attention  from 
the  questions  at  issue,  we  freely  admit  that  such  a  condition  of  things  should  be 
brought,  if  possible,  to  a  speedy  termination.  It  is  most  desirable  that  the  Union 
of  all  the  States  should  become  perfect  at  the  earliest  moment  consistent  with 
the  peace  and  welfare  of  the  nation;  that  all  these  States  should  become  fully 
represenled  in  the  national  councils,  and  take  their  share  in  the  legislation  of 
the  country.  The  possession  and  exercise  of  more  than  its  just  share  of  power 
by  any  section  is  injurious,  as  well  to  that  section  as  to  all  others.  Its  tendency 


REPORT    OF   THE    COMMITTEE.  XIII 

is  distracting  and  demoralizing,  and  such  a  state  of  affairs  is  only  to  bo  tolerated 
on  the  ground  of  a  necessary  regard  to  the  public  safety.  As  soon  as  that  sat' "ty 
is  secured  it  should  terminate. 

Your  committee  came  to  the  consideration  of  the  subject  referred  to  them  with 
the  most  anxious  desire  to  ascertain  what  was  the  condition  of  the  people  of  the 
States  recently  in  insurrection,  and  what,  if  anything,  was  necessary  to  be  done 
before  restoring  them  to  the  full  enjoyment  of  all  their  original  privileges.  It 
was  undeniable  that  the  war  into  which  they  had  plunged  the  country  had 
materially  changed  their  relations  to  the  people  of  the  loyal  States.  Slavery 
had  been  abolished  by  constitutional  amendment.  A  large  proportion  of  the 
population  had  become,  instead  of  mere  chattels,  free  men  and  citizens.  Through 
all  the  past  struggle  these  had  remained  true  and  loyal,  and  had,  in  large  uum- 
cers,  fought  on  the  side  of  the  Union.  It  was  impossible  to  abandon  them,  with 
out  securing  them  their  rights  as  free  men  and  citizens.  The  whole  civilized 
world  would  have  cried  out  against  such  base  ingratitude,  and  the  bare  idea  is 
offensive  to  all  right-thinking  men.  Hence  it  became  important  to  inquire  what 
could  be  done  to  secure  their  rights,  civil  and  political.  It  was  evident  to  your 
committee  that  adequate  security  could  only  be  found  in  appropriate  constitu 
tional  provisions.  By  an  original  provision  of  the  Constitution,  repre 
sentation  is  based  on  the  whole  number  of  free  persons  in  each  State,  and 
three-fifths  of  all  other  persons.  When  all  become  free,  representation  for 
all  necessarily  follows.  As  a  consequence  the  inevitable  effect  of  the  re 
bellion  would  be  to  increase  the  political  power  of  the  insurrectionary  States, 
whenever  they  should  be  allowed  to  resume  their  positions  as  States  of 
the  Union.  As  representation  is  by  the  Constitution  based  upon  population, 
your  committee  did  not  think  it  advisable  to  recommend  a  change  of  that  basis. 
The  increase  of  representation  necessarily  resulting  from  the  abolition  qf  slavery 
was  considered  the  most  important  element  in  the  questions  arising  out  of  the 
changed  condition  of  affairs,  and  the  necessity  for  some  fundamental  action  in 
this  regard  seemed  imperative.  It  appeared  to  your  committee  that  the  rights 
of  these  persons  by  whom  the  basis  of  representation  had  been  thus  increased 
should  be  recognized  by  the  general  government.  While  slaves  they  were  not 
considered  as  having  any  rights,  civil  or  political.  It  did  not  seem  just  or  proper 
that  all  the  political  advantages  derived  from  their  becoming  free  should  be 
confined  to  their  former  masters,  who  had  fought  against  the  Union,  and  with 
held  from  themselves,  who  had  always  been  loyal.  Slavery,  by  building  up  a 
ruling  and  dominant  class,  had  produced  a  spirit  of  oligarchy  adverse  to  repub 
lican  institutions,  which  finally  inaugurated  civil  war.  The  tendency  of  con 
tinuing  the  domination  of  such  a  class,  by  leaving  it  in  the  exclusive  possession 
of  political  power,  would  be  to  encourage  the  same  spirit,  and  lead  to  a  similar 
result.  Doubts  were  entertained  whether  Congress  had  power,  even  under  the 
amended  Constitution,  to  prescribe  the  qualifications  of  voters  in  a  State,  or 
could  act  directly  on  the  subject.  It  was  doubtful,  in  the  opinion  of  your  com 
mittee,  whether  the  States  would  consent  to  surrender  a  power  they  had  always 
exercised,  and  to  which  they  were  attached.  As  the  best  if  not  the  only 
method  of  surmounting  the  difficulty,  and  as  eminently  just  and  proper  in  it 
self,  your  committee  came  to  the  conclusion  that  political  power  should  be  pos 
sessed  in  all  the  States  exactly  in  proportion  as  the  right  of  suffrage  should  be 
granted,  without  distinction  of  color  or  race.  This  it  was  thought  would  Jeave 
the  whole  question  with  the  people  of  each  State,  holding  out  to  all  the  advan 
tage  of  increased  political  power  as  an  inducement  to  allow  all  to  participate  in 
its  exercise.  Such  a  provision  would  be  in  its  nature  gentle  and  persuasive, 
and  would  lead,  it  was  hoped,  at  no  dragint  day,  to  an  equal  participation  of  all, 
without  distinction,  in  all  the  rights  and  privileges  of  citizenship,  thus  affording 
a  full  and  adequate  protection  to  all  classes  of  citizens,  since  all  would  have, 
through  the  ballot-box,  the  power  of  self-protection. 


XIV  RECONSTRUCTION. 

Holding  these  views,  your  committee  prepared  an  amendment  to  the  Consti 
tution  to  cany  out  tins  idea,  and  submitted  the  same  to  Congress.  Unfortu 
nately,  as  we  think,  it  did  not  receive  the  necessary  constitutional  support  in 
the  Senate,  and  therefore  could  not  be  proposed  for  adoption  by  the  States. 
The  principle  involved  in  that  amendment  is,  however,  believed  to  be  sound, 
and  your  committee  have  again  proposed  it  in  another  form,  hoping  that  it  may 
receive  the  approbation  of  Congress. 

Your  committee  have  been  unable  to  find,  in  the  evidence  submitted  to  Con 
gress  by  the  President,  under  date  of  March  6,  1866,  in  compliance  with  the 
resolutions  of  January  5  and  February  27,  1866,  any  satisfactory  proof  that 
either  of  the  insurrectionary  States,  except,  perhaps,  the  State  of  Tennessee, 
has  placed  itself  in  a  condition  to  resume  its  political  relations  to  the  Union. 
The  first  step  towards  that  end  would  necessarily  be  the  establishment  of  a  re 
publican  form  of  government  by  the  people.  It  has  been  before  remarked  that 
the  provisional  governors,  appointed  by  the  President  in  the  exercise  of  his 
military  authority,  could  do  nothing  by  virtue  of  the  power  thus  conferred 
towards  the  establishment  of  a  State  government.  They  were  acting  under 
the  War  Department  and  paid  out  of  its  funds.  They  were  simply  bridging 
over  the  chasm  between  rebellion  and  restoration.  And  yet  we  find  them 
calling  conventions  and  convening  legislatures.  Not  only  this,  but  we  find 
the  conventions  and  legislatures  thus  convened  acting  under  executive  di 
rection  as  to  the  provisions  required  to  be  adopted  in  their  constitutions  and 
ordinances  as  conditions  precedent  to  their  recognition  by  the  President.  The 
inducement  held  out  by  the  President  for  compliance  with  the  conditions  im 
posed  was,  directly  in  one  instance,  and  presumably,  therefore,  in  others,  the 
immediate  admission  of  senators  and  representatives  to  Congress.  The  char 
acter  of  jjie  conventions  and  legislatures  thus  assembled  was  not  such  as  to  in 
spire  confidence  in  the  good  faith  of  their  members.  Governor  Perry,  of  South 
Carolina,  dissolved  the  convention  assembled  in  that  State  before  the  sngges- 
ti6n  had  reached  Columbia  from  "Washington  that  the  rebel  war  debt  should  be 
repudiated,  and  gave  as  his  reason  that  it  was  a  "  revolutionary  body."  There 
is  no  evidence  of  the  loyalty  or  disloyalty  of  the  members  of  those  conventions 
and  legislatures  except  the  fact  of  pardons  being  asked  for  on  their  account. 
Some  of  these  States  now  claiming  representation  refused  to  adopt  the  condi 
tions  imposed.  No  reliable  information  is  found  in  these  papers  as  to  the  con 
stitutional  provisions  of  several  of  these  States,  while  in  not  one  of  them  is  there 
the  slightest  evidence  to  show  that  these  "  amended  constitutions,"  as  they  are 
called,  have  ever  been  submitted  to  the  people  for  their  adoption.  In  North 
Carolina  alone  an  ordinance  was  passed  to  that  effect,  but  it  does  not  appear  to 
have  been  acted  on.  Not  one  of  them,  therefore,  has  been  ratified.  Whether, 
with  President  Johnson,  we  adopt  the  theory  that  the  old  constitutions  were  ab 
rogated  and  destroyed,  and  the  people  "  deprived  of  all  civil  government,"  or 
whether  we  adopt  the  alternative  doctrine  that  they  were  only  suspended  and 
were  revived  by  the  suppression  of  the  rebellion,  the  new  provisions  must  be 
considered  as  equally  destitute  of  validity  before  adoption  by  the  people.  If 
the  conventions  wrere  called  for  the  eole  purpose  of  putting  the  State  govern 
ment  into  operation,  they  had  no  power  either  to  adopt  a  new  constitution  or  to 
amend  an  old  one  without  the  consent  of  the  people.  Nor  could  either  a  con 
vention  or  a  legislature  change  the  fundamental  law  without  power  previously 
conferred.  In  the  view  of  your  committee,  it  follows,  therefore,  that  the  people 
of  a  State  where  the  constitution  has  been  thus  amended  might  feel  themselves 
justified  in  repudiating  altogether  all  such  unauthorized  assumptions  of  power, 
and  might  be  expected  to  do  so  at  plea%rc. 

So  far  as  the  disposition  of  the  people  of  the  insurrectionary  States,  and  the 
probability  of  their  adopting  measures  conforming  to  the  changed  condition  ot 
affairs,  can  be  inferred  from  the  papers  submitted  by  the  President  as  the  basis 


REPORT   OF   THE    COMMITTEE.  XV 

of  his  action,  the  prospects  are  far  from  encouraging.  It  appears  quite  clear  that 
the  anti-slavery  amendments,  both  to  the  State  and  federal  constitutions,  were* 
adopted  with  reluctance  by  the  bodies  which  did  adopt  them,  while  in  some  States 
they  have  been  either  passed  by  in  silence  or  rejected.  The  language  of  all  the 
provisions  and  ordinances  of  these  States  on  the  subject  amounts  to  nothing 
more  than  an  unwilling  admission  of  an  unwelcome  truth.  As  to  the  ordinance 
of  secession,  it  is,  in  some  cases,  declared  "  null  and  void,"  and  in  others  simply 
"repealed  ;"  and  in  no  instance  is  a  refutation  of  this  deadly  heresy  considered 
worthy  of  a  place  in  the  new  constitution. 

If,  as  the  President  assumes,  these  insurrectionary  States  were,  at  the  close 
of  the  war,  wholly  without  State  governments,  it  would  seem  that,  before  be 
ing  admitted  to  participation  in  the  direction  of  public  affairs,  such  govern 
ments  should  be  regularly  organized.  Long  usage  has  established,  and  nu 
merous  statutes  have  pointed  out,  the  mode  in  which  this  should  be  done.  A 
convention  to  frame  a  form  of  government  should  be  assembled  under  competent 
authority.  Ordinarily,  this  authority  emanates  from  Congress  ;  but,  under  the 
peculiar  circumstances,  your  committee  is  not  disposed  to  criticise  the  Presi 
dent's  action  in  assuming  the  power  exercised  by  him  in  this  regard.  The  con 
vention,  when  assembled,  should  frame  a  constitution  of  government,  which 
should  be  submitted  to  the  people  for  adoption.  If  adopted,  a  legislature  should 
be  convened  to  pass  the  laws  necessary  to  carry  it  into  effect.  When  a  State, 
thus  organized,  claims  representation  in  Congress,  the  election  of  representa 
tives  should  be  provided  for  by  law,  in  accordance  with  the  laws  of  Congress 
regulating  representation,  and  the  proof  that  the  action  taken  has  been  in  con 
formity  to  law  should  be  submitted  to  Congress. 

In  no  case  have  these  essential  preliminary  steps  been  taken.  The  conven 
tions  assembled  seem  to  have  assumed  that  the  constitutions  which  ha'd  been 
repudiated  and  overthrown  were  still  in  existence,  and  operative  to  constitute 
the  States  members  of  the  Union,  and  to  have  contented  themselves  with  such 
amendments  as  they  were  informed  were  requisite  in  order  to  insure  their  return 
to  an  immediate  participation  in  the  government  of  the  United  States.  Not 
waiting  to  ascertain  whether  the  people  they  represented  would  adopt  even  the 
proposed  amendments,  they  at  once  ordered  elections  of  representatives  to 
Congress,  in  nearly  all  instances  before  an  executive  had  been  chosen  to  issue 
writs  of  election  under  the  State  laws,  and  such  elections  as  were  held  were 
ordered  by  the  conventions.  In  one  instance  at  least  the  writs  of  election  were 
signed  by  the  provisional  governor*  Glaring  irregularities,  and  unwarranted 
assumptions  of  power,  are  manifest  in  several  cases,  particularly  in  South  Caro 
lina,  where  the  convention,  although  disbanded  by  the  provisional  governor  on 
the  ground  that  it  was  a  revolutionary  body,  assumed  to  redistrict  the  State. 

It  is  quite  evident  from  all  these  facts,  and  indeed  from  the  whole  mass  of 
testimony  submitted  by  the  President  to  the  Senate,  that  in  no  instance  was  re 
gard  paid  to  any  other  consideration  than  obtaining  immediate  admission  to 
Congress,  under  the  barren  form  of  an  election  in  which  no  precautions  were 
taken  to  secure  regularity  of  proceedings,  or  the  assent  of  the  people.  No  con 
stitution  has  been  legally  adopted  except,  perhaps,  in  the  State  of  Tennessee, 
and  such  elections  as  have  been  held  were  without  authority  of  law.  Your 
committee  are  accordingly  forced  to  the  conclusion  that  the  States  referred  to 
have  not  placed  themselves  in  a  condition  to  claim  representation  in  Congress, 
unless  all  the  rules  which  have,  since  the  foundation  of  the  government,  been 
deemed  essential  in  such  cases,  should  be  disregarded. 

It  woul'd  undoubtedly  be  competent  for  Congress  to  waive  all  formalities  and 
to  admit  these  Confederate  States  to  representation  at  once,  trusting  that  time 
and  experience  would  set  all  things  right.  Whether  it  would  be  advisable  to 
do  so,  however,  must  depend  upon  other  considerations  of  which  it  remains  to 
treat.  But  it  may  well  be  observed,  that  the  inducements  to  such  a  step  should 


XVI  RECONSTRUCTION. 

Jbe  of  the  very  highest  character.  It  seems  to  your  committee  not  unreasonable 
to  require  satisfactory  evidence  that  the  ordinances  and  constitutional  provisions 
which  the  President  deemed  essential  in  the  first  instance  will  be  permanently 
adhered  to  by  the  people  of  the  States  seeking  restoration,  after  being  admitted 
to  fuH  participation  in  the  government,  and  will  not  be  repudiated  when  that 
object  shall  have  been  accomplished.  And  here  the  burden  of  proof  rests  upon 
the  late  insurgents  who  are  seeking  restoration  to  the  rights  and  privileges 
which  they  willingly  abandoned,  and  not  upon  the  people  of  the  United  States 
who  have  never  undertaken,  directly  or  indirectly,  to  deprive  them  thereof.  It 
,  should  appear  affirmatively  that  they  are  prepared  and  disposed  in  good  faith 
to  accept  the  results  of  the  war,  to  abandon  their  hostility  to  the  government, 
and  to  live  in  peace  and  amity  with  the  people  of  the  loyal  States,  extending  to 
all  classes  of  citizens  equal  rights  and  privileges,  and  conforming  to  the  repub 
lican  idea  of  liberty  and  equality.  They  should  exhibit  in  their  acts  something 
more  than  an  unwilling  submission  to  an  unavoidable  necessity — a  feeling,  if 
not  cheerful,  certainly  not  offensive  and  defiant.  And  they  should  evince  an 
entire  repudiation  of  all  hostility  to  the  general  government,  by  an  acceptance 
of  such  just  and  reasonable  conditions  as  that  government  should  think  the 
public  safety  demands.  Has  this  been  done  ?  Let  us  look  at  the  facts  shown 
by  the  evidence  taken  by  the  committee. 

Hardly  is  the  war  closed  before  the  people  of  these  insurrectionary  States 
come  forward  and  haughtily  claim,  as  a  right,  the  privilege  of  participating  at 
once  in  that  government  which  they  had  for  four  years  been  fighting  to  over 
throw.  Allowed  and  encouraged  by  the  Executive  to  organize  State  govern 
ments,  they  at  once  place  in  power  leading  rebels,  unrepentant  and  unpardoned, 
excluding  with  contempt  those  who  had  manifested  an  attachment  to  the  Union, 
and  preferring,  in  many  instances,  those  who  had  rendered  themselves  the  most 
obnoxious.  In  the  face  of  the  law  requiring  an  oath  which  Avould  necessarily 
exclude  all  such  men  from  federal  offices,  they  elect,  with  very  few  exceptions, 
as  senators  and  representatives  in  Congress,  men  who  had  actively  participated 
in  the  rebellion,  insultingly  denouncing  the  law  as  unconstitutional.  It  is  only 
necessary  to  instance  the  election  to  the  Senate  of  the  late  vice-president  of  the 
confederacy,  a  man  who,  against  his  own  declared  convictions,  had  lent  all  the 
weight  of  his  acknowledged  ability  and  of  his  influence  as  a  most  prominent 
public  man  to  the  cause  of  the  rebellion,  and  who,  unpardoned  rebel  as  he  is, 
with  that  oath  staring-  him  in  the  face,  had  the  assurance  to  lay  his  credentials 
on  the  table  of  the  Senate.  Other  rebels  of  scarcely  less  note  or  notoriety  were 
selected  from  other  quarters.  Professing  no  repentance,  glorying  apparently  in 
the  crime  they  had  committed,  avowing  still,  as  the  uncontradicted  testimony  of 
Mr.  Stephens  and  many  others  proves,  an  adherence  to  the  pernicious  doctrine 
of  secession,  and  declaring  that  they  yielded  only  to  necessity,  they  insist,  with 
unanimous  voice,  upon  their  rights  as  States,  and  proclaim  that  they  will  sub 
mit  to  n%  conditions  whatever  as  preliminary  to  their  resumption  of  power 
under  that  Constitution  which  they  still  claim  the  right  to  repudiate. 

Examining  the  evidence  taken  by  your  committee  still  further,  in  connexion 
with  facts  too  notorious  to  be  disputed,  it  appears  that  the  southern  press,  with 
few  exceptions,  and  those  mostly  of  newspapers  recently  established  by  northern 
men,  abounds  with  weekly  and  daily  abuse  of  the  institutions  and  people  of  the 
loyal  States;  defends  the  men  who  led,  and  the  principles  which  incited,  the  re 
bellion  ;  denounces  and  reviles  southern  men  who  adhered  to  the  Union ;  and 
strives,  constantly  and  unscrupulously,  by  every  means  in  its  power,  to  keep 
alive  the  fire  of  hate  and  discord  between  the  sections;  calling  upon  the  Presi 
dent  to  violate  his  oath  of  office,  overturn  the  government  by  force  of  arms,  and 
drive  the  representatives  of  the  people  from  their  seats  in  Congress.  The 
national  banner  is  openly  insulted,  and  the  national  airs  scoffed  at,  not  only  by 
an  ignorant  populace,  but  at  public  meetings,  and  once,  among  other  notable  in- 


REPORT    OF   THE   COMMITTEE.  XVII 

Ftanccs,  at  a  dinner  given  in  honor  of  a  notorious  rebel  who  had  violated  his  oath 
and  abandoned  his  flag.  The  same  individual  is  elected  to  an  important  office 
in  the  leading  city  of  his  State,  although  an  unpardoned  rebel,  and  so  offensive 
that  the  President  refuses  to  allow  him  to  enter  upon  his  official  duties.  In  an 
other  State  the  leading  general  of  the  rebel  armies  is  openly  nominated  for  gov 
ernor  by  the  speaker  of  the  house  of  delegates,  and  the  nomination  is  hailejl  by 
the  people  with  shouts  of  satisfaction,  and  openly  indorsed  by^  the  press. 

Looking  still  further  at  the  evidence  taken  by  your  committee,  it  is  found  to 
be  clearly  shown  by  witnesses  of  the  highest  character  and  having  the  best 
means  of  observation,  that  the  Freedmen's  Bureau,  instituted  for  the  relief  and 
protection  of  freedmen  and  refugees,  is  almost  universally  opposed  by  the  mass 
of  the  population,  and  exists  in  an  efficient  condition  only  under  military  pro 
tection,  while  the  Union  men  of  the  south  are  earnest  in  its  defence,  declaring 
with  one  voice  that  without  its  protection  the  colored  people  would  not  be  per 
mitted  to  labor  at  fair  prices,  and  could  hardly  live  in  safety.  They  also  testify 
that  without  the  protection  of  United  States  troops,  Union  men,  whether  of 
northern  or  southern  origin,  would  be  obliged  to  abandon  their  homes.  The 
feeling  in  many  portions  of  the  country  towards  emancipated  slaves,  especially 
among  the  uneducated  and  ignorant,  is  one  of  vindictive  and  malicious  hatred. 
This  deep-seated  prejudice  against  color  is  assiduously  cultivated  by  the  public 
journals,  and  leads  to  acts  of  cruelty,  oppression,  and  murder,  whic.li  the  local 
authorities  are  at  no  pains  to  prevent  or  punish.  There  is  no  general  disposition 
to  place  the  colored  race,  constituting  at  least  two-fifths  of  the  population,  upon 
terms  even  of  civil  equality.  While  many  instances  may  be  found  where  large 
planters  and  men  of  the  better  class  accept  the  situation,  and  honestly  strive  to 
bring  about  a  better  order  of  things,  by  employing  the  freedmen  at  fair  wages 
and  treating  them  kindly,  the  general  feeling  and  disposition  among  all  classes 
are  yet  totally  averse  to  the  toleration  of  any  class  of  people  friendly  to  the 
Union,  be  they  white  or  black;  and  this  aversion  is  not  unfreojuently  manifested 
in  an  insulting  and  offensive  manner. 

The  witnesses  examined  as  to  the  willingness  of  the  people  of  the  south  to 
contribute,  uu^er  existing  laws,  to  the  payment  of  the  national  debt,  prove  that 
the  taxes  levied  by  the  United  States  will  be  paid  only  on  compulsion  and  with 
great  reluctance,  while  there  prevails,  to  a  considerable  extent,  an  expectation 
that  compensation  will  be  made  for  slaves  emancipated  and  property  destroyed 
during  the  war.  The  testimony  on  this  point  comes  from  officers  of  the  Union 
army,  officers  of  the  late  rebel  army,  Union  men  of  the  southern  States,  and 
avowed  secessionists,  almost  all  of  whom  state  that,  in  their  opinion,  the  people 
of  the  rebellious  States  would,  if  they  should  see  a  prospect  of  success,  repu 
diate  the  national  debt. 

While  there  is  scarcely  any  hope  or  desire  among  leading  men  to  renew  the 
attempt  at  secession  at  any  future  time,  there  is  still,  according  to  a  large  num 
ber  of  witnesses,  including  A.  II.  Stephens,  'who  may  be  regarded  as  good 
authority  on  that  point,  a  generally  prevailing  opinir'.i  which  defends  the  legal 
right  of  secession,  and  upholds  the  doctrine  that  the  first  allegiance  of  the  people 
is  due  to  the  States,  and  not  to  the  United  States.  This  belief  evidently  pre 
vails  among  leading  *and  prominent  men  as  well  as  among  the  masses  every 
where,  except  in  some  of  the  northern  counties  of  Alabama  and  the  eastern 
counties  of  Tennessee. 

The  evidence  of  an  intense  hostility  to  the  federal  Union,  and  an  equally  in 
tense  love  of  the  la*e  confederacy,  nurtured  by  the  war,  is  decisive.  While  it 
appears  that  nearly  all  are  willing  to  submit,  at  least  for  the  time  being,  to  the 
federal  authority,  it  is  equally  clear  that  the  ruling  motive  is  a  desire  to  obtain  the 
advantages  which  will  be  derived  from  a  representation  in  Congress.  Officers 
of  the  Union  army  on  duty,  and  northern  men  who  go  south  to  engage  in  busi 
ness,  are  generally  detested  and  proscribed.  Southern  men  who  adhered  to 


XVIII  RECONSTRUCTION. 


the  Union  are  bitterly  hated  and  relentlessly  persecuted.  In  some  localities 
prosecutions  have  been  instituted  in  State  courts  against  Union  officers  for  acts 
done  in  the  line  of  official  duty,  and  similar  prosecutions  are  threatened  else 
where  as  soon  as  the  United  States  troops  are  removed.  All  such  demonstra 
tions  show  a  state  of  feeling  against  which  it  is  unmistakably  necessary  to  guard. 
1  he  testimony  is  conclusive  that  after  the  collapse  of  the  confederacy  the 
feeling  of  the  people  of  the  rebellious  States  was  that  of  abject  submission. 
Having  appealed  to  the  tribunal  of  arms,  they  had  no  hope  except  that  by  the 
magnanimity  of  their 'conquerors  their  lives,  and  possibly  their  property,  might 
be  preserved.  Unfortunately,  the  general  issue  of  pardons  to  persons  who  had 
been  prominent  in  the  rebellion,  and  the  feeling  of  kindliness  and  conciliation 
manifested  by  the  Executive,  and  very  generally  indicated  through  the  north 
ern  press,  had  the  effect  to  render  whole  communities  forgetful  of  the  crime  they 
had  committed,  defiant  towards  the  federal  government,  and  regardless  of  their 
dutieg  as  citizens.  The  conciliatory  measures  of  the  government  do  not  seem 
to  have  been  met  even  half  way.  The  bitterness  and  defiance  exhibited 
toward  the  United  States  under  such  circumstances  is  without  a  parallel  in  the 
history  of  the  world.  In  return  for  our  leniency  we  receive  only  an  insulting 
denial  of  our  authority.  In  return  for  our  kind  desire  for  the  resumption  of 
fraternal  relations  we  receive  only  an  insolent  assumption  of  rights  and  privi 
leges  long  since  forfeited.  The  crime  we  have  punished  is  paraded  as  a  virtue, 
and  the  principles  of  republican  government  which  we  have  vindicated  at  so 
terrible  a  cost  are  denounced  as  unjust  and  oppressive, 

If  we  add  to  this  evidence  the  fact  that,  although  peace  has  been  declared  by 
the  President,  he  has  not,  to  this  day,  deemed  it  safe  to  restore  the  writ  of 
ttabeas  corpus,  to  relieve  the  insurrectionary  States  of  martial  law,  nor  to  with 
draw  the  troops  from  many  localities,  and  that  the  commanding  general  deems 
an  increase  of  the  army  indispensable  to  the  preservation  of  order  and  the 
protection  of  loyal  and  well-disposed  people  in  the  south,  the  proof  of  a  condition 
of  feeling  hostile  to  the  Union  and  dangerous  to  the  government  throughout  the 
insurrectionary  States  would  seem  to  be  overwhelming. 

With  such  evidence  before  them,  it  is  the  opinion  of  your  committee— 

I.  That  the  States  lately  in  rebellion  were,  at  the  close  of  the  war,  disorgan 
ized  communities,  without  civil  government,  and  without  constitutions  or  other 
forms,  by  virtue  of  which  political  relations  could  legally  exist  between  them 
and  the  federal  government. 

II.  That  Congress  cannot  be  expected  to  recognize  as  valid  the  election  of 
representatives  frojn  disorganized  communities,  which,  from  the  very  nature  of 
the  case,  were  unable  to  present  their  claim  to  representation  under  those  estab 
lished  and  recognized  rules,  the  observance  of  which  has  been  hitherto  required. 

II.  That  Congress  would  not  be  justified  in  admitting  such  communities  to 
a  participation  in  the  government  of  the  country  without  first  providing  such 
constitutional  or  other  guarantees  as  will  tend  to  secure  the  civil  rights  of  all 
citizens  of  the  republic;  a  just  equality  of  representation;  protection  against 
claims  founded  in  rebellion  and  crime;  a  temporary  restoration  of  the  ri^ht  of 
raflrage  to  those  who  have  not  actively  participated  in  the  efforts  to  destroy  the 
Union  and  overthrow  the  government,  and  the  exclusion  from  positions  of  public 
trust  of,  at  least,  a  portion  of  those  whose  crimes  have  proved  them  to  be  enemies 
to  the  Uiiion,  and  unworthy  of  public  confidence. 

Your  committee  will,  perhaps,  hardly  be  deemed  excusable  for  extendin"  this 
report  further ;  but  inasmuch  as  immediate  and  unconditional  representation  of 
the  States  lately  in  rebellion  is  demanded  as  a  matter  of  right,  and  delay  and 
even  hesitation  is  denounced  as  grossly  oppressive  and  unjust,  as  well  as  un 
wise  and  impolitic,  it  may  not  be  amiss  again  to  call  attention  to  a  few  undis 
puted  and  notorious  facts,  and  the  principles  of  public  law  applicable  thereto, 


REPORT    OF   THE   COMMITTEE.  XIX 

in  order  that  the  propriety  of  that  claim  may  be  fully  considered  and  well  un 
derstood. 

The  State  of  Tennessee  occupies  a  position  distinct  from  all  the  other  insur 
rectionary  States,  and  has  been  the  subject  of  a  separate  report  which  your 
committee  have  not  thought  it  expedient  to  disturb.  Whether  Congress  shall 
see  tit  to  make  that  State  the  subject  of  separate  action,  or  to  include  it  in  the 
same  category  with  all  others,  so  far  as  concerns  the  imposition  of  preliminary 
conditions,  it  is  not  within  the  province  of  this  committee  either  to  determine  or 
advise. 

To  ascertain  whether  any  of  the  so-called  Confederate  States  "are  entitled  to 
be  represented  in  either  house  of  Congress,"  the  essential  inquiry  is,  whether 
there  is,  in  anyone  of  them,  a  constituency  qualified  to  be  represented  in  Congress. 
The  question  how  far  persons  claiming  seats  in  either  house  possess  the  cre 
dentials  necessary  to  enable  them  to  represent  a  duly  qualified  constituency  is 
one  for  the  consideration  of  each  house  separately,  after  the  preliminary  ques 
tion  shall  have  been  finally  determined. 

We  now  propose  to  re-state,  as  briefly  as  possible,  the  general  facts  and  prin 
ciples  applicable  to  all  the  States  recently  in  rebellion : 

First/  The  seats  of  the  senators  and  representatives  from  the  so-called  Con 
federate  States  became  vacant  in  the  year  1861,  during  the  second  session  of 
the  thirty-sixth  Congress,  by  the  voluntary  withdrawal  of  their  incumbents, 
with  the  sanction  and  by  direction  of  the  legislatures-  or  conventions  of  their 
respective  States.  This  was  done  as  a  hostile  act  against  the  Constitution  and 
go\»ernment  of  the  United  States,  with  a  declared  intent  to  overthrow  the  same 
by  forming  a  southern  confederation.  This  act  of  declared  hostility  was  speedily 
followed  by  an  organization  of  the  same  States  into  a  confederacy,  which  levied 
and  waged  war,  by  sea  and  land,  against  the  United  States.  Thia  war  contin 
ued  more  than  four  years,  within  which  period  the  rebel  armies  besieged  the 
national  capital,  invaded  the  loyal  States,  burned  their  towns  and  cities,  robbed 
their  citizens,  destroyed  more  than  250,000  loyal  soldiers,  and  imposed  an  in 
creased  national  burden  of  not  less  than  $3,500,000,000,  of  which  seven  or  eight 
hundred  millions  have  already  been  met  and  paid.  From  the  time  these  con 
federated  States  thus  withdrew  their  representation  in  Congress  and  levied 
war  against  the  United  States,  the  great  mass  of  their  people  became  and  were 
insurgents,  rebels,  traitors,  and  all  of  them  assumed  and  occupied  the  political, 
legal,  and  practical  relation  of  enemies  of  the  United  States.  This  position  is 
established  by  acts  of  Congress  and  judicial  decisions,  and  is  recognized  repeat 
edly  by  the  President  in  public  proclamations,  documents,  and  speeches. 

Second.  The  States  thus  confederated  prosecuted  their  war  against  the  United 
States  to  final  arbitrament,  and  did  not  cease  until  all  their  armies  were  cap 
tured,  their  military  power  destroyed,  their  civil  officers,  State  and  confederate, 
taken  prisoners  or  put  to  flight,  every  vestige  of  State  and  confederate  govern 
ment  obliterated,  their  territory  overrun  and  occupied  by  the  federal  armies,  and 
their  people  reduced  to  the  condition  of  enemies  conquered  in  war,  entitled  only 
by  public  law  to  such  rights,  privileges,  and  conditions  as  might  be. vouchsafed 
by  the  conqueror.  This  position  is  also  established  by  judicial  decisions,  and 
is  recognized  by  the  President  in  public  proclamations,  documents,  and  speeches. 
Third.  Having  voluntarily  deprived  themselves  of  representation  in  Congress 
for  the  criminal  purpose  of  destroying  the  federal  Union,  and  having  reduced 
themselves,  by  the  act  of  levying  war,  to  the  condition  of  public  enemies,  th  jy 
have  no  right  to  complain  of  temporary  exclusion  from  Congress ;  but,  on  the 
contrary,  having  voluntarily  renounced  the  right  to  representation,  and  dis 
qualified  themselves  by  crime  from  participating  in  the,governmeiit,  the  burden 
now  rests  upon  them,  before  claiming  to  be  reinstated  in  their  former  condition, 
tq  show  that  they  are  qualified  to  resume  federal  relations.  In  order  to  do  this, 


RECONSTRUCTION. 


they  must  prove  that  they  have  established,  with  the  consent  of  the  people  re 
publican  forms  of  government  in  harmony  with  the  Constitution  and  laws  of  the 
United  States,  that  all  hostile  purposes  have  ceased,  and  should  eive  adequate 
guarantees  against  future  treason  and  rebellion—  guarantees  which  shall  prove 
satisfactory  to  the  government  against  which  they  rebelled,  and  by  whose  arms 
they  were  subdued. 

Fourth  Having,  by  this  treasonable  withdrawal  from  Congress,  and  by 
flMjrrant  rebellion  and  war,  forfeited  all  civil  and  political  rights  and  privileges 
under  the  federal  Constitution,  they  can  only  be  restored  thereto  by  the  per 
mission  and  authority  of  that  constitutional  power  against  which  they  rebelled 
and  by  which  they  were  subdued. 

Fifth.  These  rebellious  enemies  were  conquered  by  the  people  of  the  United 
States,  acting  through  all  the  co-ordinate  branches  of  the  government,  and  not 
by  the  executive  department  alone.  The  powers  of  conqueror  are  not  so  vested 
in  the  1  resident  that  he  can  fix  and  regulate  the  terms  of  settlement  and  con 
fer  congressional  representation  on  conquered  rebels  and  traitors  Nor  can  he 
m  any  way,  qualify  enemies  of  the  government  to  exercise  its  law-makin-  power' 
Ihe  authority  to  restore  rebels  to  political  power  in  the  federal  government  can 
be  exercised  only  with  the  concurrence  of  all  the  departments  in  which  political 
power  is  vested;  and  hence  the  several  proclamations  of  the  President  to  the 
people  of  the  Confederate  States  cannot  be  considered  as  extending  beyond  the 
purposes  declared,  and  can  only  be  regarded  as  provisional  permission  by  the 
commander-m-chief  of  the  army  to  do  certain  acts,  the  effect  and  validity  where 
of  is  to  be  determined  by  the  constitutional  government,  and  not  solely  bv  the 
executive  power.  J  * 

Sixth.  The  question  before  Congress  is,'  then,  whether  conquered  enemies 
.have  the  right,  and  shall  be  permitted  at  their  own  pleasure  and  on  their  own 
terms,  to  participate  in  making  laws  for  their  conquerors  ;  whether  conquered 
rebels  may  change  their  theatre  of  operations  from  the  battle-field,  where  they 
were  defeated  and  overthrown,  to  the  halls  of  Congress,  and,  through  their  rep 
resentatives  seize  upon  the  government  which  they  fought  to  destroy  -  whether 
the  national  treasury,  the  army  of  the  nation,  its  navy,  its  forts  and  arsenals, 
its  whole  civil  administration,  its  credit,  its  pensioners,  the  widows  and  orphans 
of  those  who  perished  in  the  war,  the  public  honor,  peace  and  safety,  shall  all 

3  turned  over  to  the  keeping  of  its  recent  enemies  without  delay,  and  without 
imposing  such  conditions  as,  in  the  opinion  of  Congress,  the  security  of  the 
country  and  its  institutions  may  demand. 

Seventh.  The  history  of  mankind  exhibits  no  example  of  such  madness  and 
I  lie  instinct  of  self-preservation  protests  against  it.  The  surrender  by 
jrant  to  Lee,  and  by  Sherman  to  Johnston,  would  have  been  disasters  of  less 
magnitude,  for  new  armies  could  have  been  raised,  new  battles  fou-ht,  and  the 
government  saved  The  anti-coercive  policy,  which,  under  pretext  of  avoidin- 
bloodshed,  allowed  the  rebellion  to  take  form  and  gather  force,  would  be  su£ 
passed  in  infamy  by  the  matchless  wickedness  that  would  now  surrender  the 
iiulfc  of  Congress  to  those  so  recently  in  rebellion  until  proper  precautions 
shall  have  been  taken  to  secure  the  national  faith  and  the  national  safety 

Eighth.  As  lias  been  shown  in  this  report,  and  in  the  evidence  submitted,  no 
proof  has  been  afforded  to  Congress  of  a  constituency  in  any  one  of  the  so- 
called  Confederate  States,  unless  we  except  the  State  of  Tennessee,  qualified 
to  elect  senators  and  representatives  in  Congress.  No  State  constitution  or' 
amendment  to  a  State  constitution,  lias  had  the  sanction  of  the  people  All  the 
so-called  legislation  of  State  conventions  and  legislatures  has  been  had  under 
military  dictation.  If  the  President  may,  at  his  will,  and  under  his  own  au 
thority,  whether  as  military  commander  or  chief  executive,  qualify  persons  to 
appoint  senators  and  elect  representatives,  and  empower  others  to  appoint  and 
them,  he  thereby  practically  controls  the  organization  of  toe  legislative 


REPORT  OF  THE  COMMITTEE.  XXI 

department.  The  constitutional  form  of  government  is  thereby  practically  de 
stroyed,  and  its  powers  absorbed  in  the  Executive.  And  while  your  committee 
do  not  for  a  moment  impute  to  the  President  any  such  design,  but  cheerfully 
concede  to  him  the  most  patriotic  motives,  they  cannot  but  look  with  alarm 
upon  a  precedent  so  fraught  with  danger  to  the  republic. 

Ninth.  The  necessity  of  providing  adequate  safeguards  for  the  future,  before 
restoring  the  insurrectionary  States  to  a  participation  in  the  direction  of  public 
affairs,  is  apparent  from  the  bitter  hostility  to  the  government  and  people  of  the 
United  States  yet  existing  throughout  the  conquered  territory,  as  proved  incon- 
testably  by  the  testimony  of  many  witnesses  and  by  undisputed  facts. 

Tenth.  The  conclusion  of  your  committee  therefore  is,  that  the  so-called  Con 
federate  States  are  not,  at  present,  entitled  to  representation  in  the  Congress  of 
the  United  States ;  that,  before  allowing  such  representation,  adequate  security 
for  future  peace  and  safety  should  be  required ;  that  this  can  only  be  found  in 
such  changes  of  the  organic  law  as  shall  determine  the  civil  rights  and  privi 
leges  of  all  citizens  in  all  parts  of  the  republic,  shall  place  representation  on  an 
equitable  basis,  shall  fix  a  stigma  upon  treason,  and  protect  the  loyal  people 
against  future  claims  for  the  expenses  incurred  in  support  of  rebellion  and  for 
manumitted  slaves,  together  with  an  express  grant  of  power  in  Congress  to  en 
force  those  provisions.  To  this  end  they  offer  a  joint  resolution  for  amending 
the  Constitution  of  the  United  States,  and  the  two  several  bills  designed  to 
carry  the  same  into  effect,  before  referred  to. 

Before  closing  this  report,  your  committee  beg  leave  to  state  that  the  specific 
recommendations  submitted  by  them  are  the  result  of  mutual  concession,  after 
a  long  and  careful  comparison  of  conflicting  opinions.  Upon  a  question  of  such 
magnitude,  infinitely  important  as  it  is  to  the  future  of  the  republic,  it  was  not 
to  be  expected  that  all  should  think  alike.  Sensible  of  the  imperfections  of  the 
scheme,  your  committee  submit  it  to  Congress  as  the  best  they  could  agree 
upon,  in  the  hope  that  its  imperfections  may  be  cured,  and  its  deficiencies  sup 
plied,  by  legislative  wisdom  ;  and  that,  when  finally  adopted,  it  may  tend  to 
restore  peace  and  harmony  to  the  whole  country,  and  to  place  our  republican 
institutions  on  a  more  stable  foundation. 

W.  P.  FESSENDEN. 

JAMES  W.  GRIMES. 

IRA  HARRIS. 

J.  M.  HOWARD. 

GEORGE  II.  WILLIAMS. 

THADDEUS  STEVENS. 

ELIHU  B.  WASHBURNE. 

JUSTIN  S.  MORRILL. 

JNO.  A.  BINGHAM. 

ROSCOE  CONKLING. 

GEORGE  S.  BOUTWELL. 


XXII  RECONSTRUCTION. 


JOINT  RESOLUTION  proposing  an  amendment  to  the  Constitution  of  the  United  States. 

Resolved  by  tJie  Senate  and  House  of  Representatives  of  the  'United  States  of 
America  in  Congress  assembled,  (two-thirds  of  both  houses  concurring,)  That 
the  following  article  be  proposed  to  the  legislatures  of  the  several  States,  as  an 
amendment  to  the  Constitution  of  the  United  States,  which,  when  ratified  by 
three-fourths  of  said  legislatures,  shall  be  valid  as  part  of  the  Constitution, 
namely : 

ARTICLE  14. 

SECTION  1.  All  persons  born  or  naturalized  in  the  United  States,  and  subject 
to  the  jurisdiction  thereof,  are  citizens  of  the  United  States  and  of  the  State 
wherein  they  reside.  No  State  shall  make  or  enforce  any  law  which  shall  abridge 
the  privileges  or  immunities  of  citizens  of  the  United  States ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property  without  due  process  of  law* 
nor  deny  to  any  person  within  its  jurisdiction  the  equal  protection  of  the  laws. 

SEC.  2.  Representatives  shall  be  apportioned  among  the  several  States  ac 
cording  to  their  respective  numbers,  counting  the  whole  number  of  persons  in 
each  State,  excluding  Indians  not  taxed.  But  when  the  right  to  vote  at  any 
election  for  the  choice  of  electors  for  President  and  Vice-President  of  the  United 
States,  representatives  in  Congress,  the  executive  and  judicial  officers  of  a  State, 
or  the  members  of  the  legislature  thereof,  is  denied  to  any  of  the  male  inhabitants 
of  such  State,  being  twenty-one  years  of  age,  and  citizens  of  the  United  States, 
or  in  any  way  abridged,  except  for  participation  in  rebellion  or  other  crime,  the 
basis  of  representation  therein  shall  be  reduced  in  the  proportion  which  the 
number  of  such  male  citizens  shall  bear  to  the  whole  number  of  male  citizens 
twenty-one  years  of  age  in  such  State. 

SEC.  3.  No  person  shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  President  and  Vice-President,  or  hold  any  office,  civil  or  military,  under  the 
United  States,  or  under  any  State,  who,  having  previously  taken  an  oath  aa  a 
member  of  Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member  of 
any  State  legislature,  or  as  an  executive  or  judicial  officer  of  any  State,  to  sup 
port  the  Constitution  of  the  United  States,  shall  have  engaged  in  insurrection 
or  rebellion  against  the  same,  or  given  aid  or  comfort  to  the  enemies  thereof. 
But  Congress  may,  by  a  vote  of  two-thirds  of  each  house,  remove  such  disability. 

SEC.  4.  The  validity  of  the  public  debt  of  the  United  States,  authorized  by 
law,  including  debts  incurred  for  payment  of  pensions  and  bounties  for  services 
in  suppressing  insurrection  or  rebellion,  shall  not  be  questioned.  But  neither  the 
United  States  nor  any  State  shall  assume  or  pay  any  debt  or  obligation  incurred 
in  aid  of  insurrection  or  rebellion  against  the  United  States,  or  any  claim  for  the 
loss  or  .emancipation  of  any  slave;  but  all  such  debts,  obligations,  and  claims 
shall  be  held  illegal  and  void. 

SEC.  5.  The  Congress  shall  have  power  to  enforce,  by  appropriate  legislation, 
the  provisions  of  this  article. 


PART  I. 


TENNESSEE. 


SUB-COMMITTEE. 

Mr.  JAMES  W.  GRIMES,  (of  Iowa,)  United  States  Senate. 
Mr.  JOHN  A.  BINGHAM,  (of  Ohio,)  House  of  Representatives. 
Mr.  HENRY  GRIDER,  (of  Kentucky,)  House  of  Representatives. 


Mr.  BINGHAM,  from  the  Committee  on  Reconstruction,  reported  the  following 

joint  resolution : 

JOINT  RESOLUTION  concerning  the  State  of  Tennessee. 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America  in  Con 
gress  assembled,  That  whereas  the  people  of  Tennessee  have  made  known  to  the  Congress  of 
the  United  States  their  desire  that  the  constitutional  relations  heretofore  existing  between 
them  and  the  United  States  may  be  fully  established,  and  did,  on  the  twenty-second  day  of 
February,  eighteen  hundred  and  sixty-five,  by  a  large  popular  vote,  adopt  and  ratify  a  con 
stitution  of  government,  republican  in  form  and  not  inconsistent  with  the  Constitution  and 
laws  of  the  United  States,  and  a  State  government  has  been  organized  under  the  provisions 
thereof,  which  said  provisions,  and  the  laws  passed  in  pursuance  thereof,  proclaim  and  denote 
loyalty  to  the  Union  ;  and  whereas  the  people  of  Tennessee  are  found  to  be  in  a  condition  to 
exercise  the  functions  of  a  State  within  this  Union,  and  can  only  exercise  the  same  by  the 
consent  of  the  law-making  power  of  the  United  States  :  Therefore,  the  State  of  Tennessee  is 
hereby  declared  to  be  one  of  the  United  States  of  America,  on  an  equal  footing  with  the  other 
States,  upon  the  express  condition  that  the  people  of  Tennessee  will  maintain  and  enforce,  in 
good  faith,  their  existing  constitution  and  laws,  excluding  those  who  have  been  engaged  in 
rebellion  against  the  United  States  from  the  exercise  of  the  elective  franchise,  for  the  respect 
ive  periods  of  time  therein  provided  for,  and  shall  exclude  the  same  persons  for  the  like  re 
spective  periods  of  time  from  eligibility  to  office;  and  the  State  of  Tennessee  shall  never  as 
sume  or  pay  any  debt  or  obligation  contracted  or  incurred  in  aid  of  the  late  rebellion ;  nor 
shall  said  State  ever  in  any  manner  claim  from  the  United  States  or  make  any  allowance  of 
compensation  for  slaves  emancipated  or  liberated  in  any  way  whatever ;  which  conditions 
shall  be  ratified  by  the  legislature  of  Tennessee,  or  the  people  thereof,  as  the  legislature  may 
direct,  before  this  act  shall  take  effect. 


RECONSTRUCTION    -  TENNESSEE. 


MEMORIAL 

OF 

CITIZENS  OF  TENNESSEE, 


PRAYING 


That  the  present  State  organization  of  Tennessee  may  be  recognized  and  its 

perpetuity  guaranteed. 


FEBRUARY  13,  1866. — Referred  to  the  Joint  Select  Committee  on  Reconstruction. 

MARCH  5,  1866. — Reported  from  the  Select  Committee  on  Reconstruction,  ordered  to  be 

printed,  and  recommitted  to  the  Committee  on  Reconstruction. 


To  the  Senate  and  House  of  Representatives  of  the  United  States  in  Congress 

assembled : 

The  undersigned,  citizens  of  the  United  States  and  of  the  State  of  Tennes 
see,  beg  leave,  respectfully,  to  represent  that  by  the  operations  of  the  recent 
rebellion  the  governing  officers  of  their  State  abdicated  their  respective  posts, 
and  left  the  government  without  agents  to  carry  it  on.  In  this  attitude  of 
affairs  one  of  our  citizens,  Andrew  Johnson,  was,  on  the  3d  of  March,  1862,  by 
the  President  of  the  United  States,  appointed  military  governor  of  the  State, 
which  office  he  continued  to  hold  until  the  3d  of  March,  1865. 

To  remedy  this  state  of  things,  the  loyal  people  of  the  State,  by  their  dele 
gates,  on  the  Sth  of  January,  1865,  assembled  in  convention  at  the  capitol,  in 
the  city  of  Nashville,  "to  take  such  steps  as  wisdom  might  direct  to  restore  the 
the  State  of  Tennessee  to  its  once  honored  status  in  the  great  national  Union." 

Certain  amendments  were  proposed  to  our  admirable  State  constitution,  made 
necessary,  in  the  opinion  of. the  convention,  by  the  altered  relations  of  slavery, 
and  by  the  action  of  persons  engaged  in  the  rebellion,  who  had  temporarily 
usurped  the  machinery  of  the  State  government,  and  by  the  vacancy  of  the 
several  State  offices,  for  the"  filling  of  which  there  was  no  present  provision  of 
law.  These  amendments  the  convention  submitted  to  the  vote  of  their  con 
stituents  on  the  22d  of  February,  1865,  and  they  were  by  them  adopted. 
While  this  proceeding  met  with  the  concurrence  and  co-operation  of  the  mili 
tary  governor,  it  was  the  spontaneous  action  of  the  loyal  people  themselves. 

Having  thus  provided  for  the  reorganization  of  the  government  under  her 
pre-existing  constitution  so  amended,  the  work  was  completed  by  the  election 
of  a  governor  and  legislature  on  the  4th  of  March  following,  who,  on  the  3d  ot 
April,  entered  upon  the  duties  of  their  respective  offices. 


2  RECONSTRUCTION TENNESSEE. 

A  copy  of  the  several  amendments,  incorporated  into  the  organic  law  of  the 
State,  and  the  proceedings  of  the  legislature  at  its  first  session,  certified  offi 
cially  by  the  secretary  or  State,  and  published  by  authority,  is  herewith  ap 
pended  and  adopted  as  a  part  of  this  statement. 

The  government  so  organized  has  had  unresisted  and  uninterrupted  jurisdic 
tion  of  the  State  ever  since. 

The  undersigned  respectfully  submit  that  the  said  government  is  republican 
in  form  as  well  as  in  spirit,  and  they  ask  that  the  same  be  recognized  and  its 
perpetuity  guaranteed  as  the  true  and  proper  government  of  the  State  of  Ten 
nessee,  entitled  to  the  same  immunities,  functions,  and  prerogatives  as  the  State 
enjoyed  by  virtue  of  an  act  of  Congress  approved  on  the  1st  day  of  June,  1796, 
until  her  relations  with  the  government  were  disturbed  by  the  treason  of  a  por 
tion  of  her  citizens. 

EDW'D  COOPER, 
HORACE  MAYNARD, 
JNO.  W.  LEFTW1CH, 
W.  B.  STOKES. 
FEBRUARY  13,  1866. 


ACTS  OF  THE  STATE  OF  TENNESSEE,  PASSED  AT  THE  FIRST  SESSION  OF 
THE  THIRTY-FOURTH  GENERAL  ASSEMBLY,  FOR  THE  YEAR  1865. 

[Published  by  authority.] 

TABLE  OP  CONTENTS. 

Introductory  documents. 

Appointment  of  Andrew  Johnson  as  military  governor  of  Tennessee  by  the  President. 

Call  for  H  convention. 

Proposed  alteration  and  amendments  to  the  constitution  of  Tennessee. 

Governor's  proclamation. 

Official  declaration  of  the  ratification  of  the  amendments  to  the  constitution. 

Governor's  message. 

CHAPTER  I. — An  act  to  regulate  the  county  court  of  Shelby  county. 

CHAPTER  II. — An  act  to  increase  the  compensation  of  judges. 

CHAPTER  III. — An  act  to  increase  the  pay  of  public  printer. 

CHAPTER  IV. — An  act  to  punish  all  armed  prowlers,  guerillas,  brigands,  and  highway  robbers,  and  for  other 

purposes. 

CHAPTER  V. — An  act  to  amend  the  criminal  laws  of  the  State  of  Tennessee. 

CHAPTER  VI.—  An  act  to  repeal  the  3d  article  of  the  5th  chapter,  title  5,  of  the  Code  of  Tennessee. 
CHAPTER  VII. — An  act  to  establish  the  eighth  chancery  district  of  Tennessee. 
CHAPTER  VIII.— An  act  to  amend  the  revenue  laws  of  the  State. 

CHAPTER  IX. — An  act  to  more  effectually  manage  the  penitentiary,  and  for  other  purposes. 
CHAPTER  X. — An  act  to  provide  for  the  limitation  of  actions,  and  for  other  purposes. 
CHAPTER  XI. — An  act  to  fix  the  fees  to  be  paid  by  commissioners  of  deeds  resident  in  other  States. 
CHAPTER  XII. — An  act  for  the  relief  of  indigent  families  of  soldiers. 

CHAPTER  XIII. — An  act  to  amend  the  corporation  of  the  city  of  Shelbyville,  and  for  other  purposes. 
CHAPTER  XIV.— An  act  to  change  the  times  of  holding  the  chancery  courts  at  Athens  and  Benton  iu  this 

State. 
CHAPTER  XV. — An  act  to  repeal  an  act  passed  on  the  19th  day  of  March,  I860,  to  repeal  section  4765  of  the 

Code,  and  to  re-enact  section  4766  of  the  Code. 
CHAPTER  XVI  — An  act  to  limit  the  elective  franchise. 
CHAPTER  XVII. — An  act  to  repeal  an  act  incorporating  a  military  department  in  Andrew  College  and  the 

MrmpliiK  Arms  Company,  and  for  other  purposes. 

CHAPTER  XVIII.— An  act  to  amend  section  117  of  the  Code,  and  for  other  purposes. 
CHAPTER  XIX. — An  act  to  authorize  the  investment  of  trust  funds,  and  for  other  purposes. 
CHAPTER  XX. — An  act  to  establish  a  claim  agency  of  Tennessee  in  the  city  of  Washington. 
CHAPTER  XXI. — An  act  for  the  benefit  of  discharged  Union  soldiers. 
CHAPTER  XXII. — An  act  accepting,  on  the  part  of  the  State  of  Tennessee,  a  grant  of  land  made  by  the  United 

States  to  the  several  States  aud  Territories  which  may  provide  colleges  for  the  benefit  of  agriculture  and 

the  mechanic  arts. 

CHAPTER  XXIII. — An  act  to  provide  for  the  payment  of  certain  counsel  fees. 
CHAPTER  XXIV.— An  act  for  the  protection  of  sheriffs  and  other  civil  officers  of  the  State. 
CHAPTER  XXV. — An  act  to  regulate  the  stock  of  the  county  of  Simmer  in  the  Nashville  and  Louisville  rail 
road,  ami  for  other  purposes. 
CHAPTER  XXVI.— Au  act  to  accept  the  surrender  of  the  charter  of  the  Bank  of  Middle  Tennessee,  and  for 

other  purposes. 

CHAPTER  XXVII. — An  act  to  repeal  the  law  apportioning  money  to  division  fairs  aud  county  societies. 
CHAPTER  XXVIII.— An  act  to  supply  lost  deeds  and  title  papers. 
CHAPTER  XXIX. — An  act  to  modify  the  oath  prescribed  for  liquor  dealers. 
CHAPTER  XXX. — An  act  to  release  the  citizens  from  paying  the  State  and  county  taxes  for  the  years  1862, 

J8C.3,  and  1864. 
^CHAPTER  XXXI. — An  act  to  amend  an  act  to  reform  and  regulate  banking  in  Tennessee,  passed  February  6, 

1862. 


RECONSTRUCTION — TENNESSEE.  3 

• 

CHAPTKR  XXXII.— An  act  to  declare  and  make  valid  certain  acts  of  certain  officers  of  this  State. 

CHAPTER  XXXIII. — An  act  to  provide  for  the  payment  of  the  governor's  staff. 

CHAPTER  XXXIV.— An  act  to  apportion  the  representation  in  the  Congress  of  the  United  States. 

CHAPTER  XXXV. — An  act  to  secure  the  funds  provided  for  public  education. 

CHAPTER  XXXVI. — An  act  to  pay  the  current  expenses  of  this  session  of  the  general  assembly,  and  for  other 

purposes. 
CHAPTER  XXXVII. — An  act  to  change  the  eleventh,  twelfth,  and  fourteenth  judicial  circuits  of  this  State 

and  for  other  purposes. 

PRIVATE  ACTS. 

CHAPTER  I. — An  act  for  the  benefit  of  J.  G.  Frazer,  clerk  of  the  supreme  court  for  the  middle  district  of 
Tennessee. 

CHAPTER  II. — An  act  to  incorporate  the  East  Tennessee  Iron,  Coal,  and  Petroleum  Company. 

CHAPTER  III. — An  act  to  incorporate  the  llaulston  Oil  and  Salt  Company. 

CHAPTER  IV. — An  act  to  develope  the  various  oil  and  mineral  interests  of  the  State  of  Tennessee,  and  for 
other  purposes. 

CHAPTER  V. — An  act  to  incorporate  the  Bridgeman  Oil  and  Salt  Company. 

CHAPTER  VI. — An  act  to  charter  the  Tennessee  Express  Company. 

CHAPTER  VII. — An  act  to  incorporate  the  Memphis  Ladies'  Institute,  of  Memphis,  Tennessee. 

CHAPTER  VIII. — An  act  to  incorporate  the  Tennessee  Colonial  Company  for  the  purpose  of  promoting  emi 
gration,  to  establish  vineyards,  develope  the  mineral  and  other  resources  of  the  State  of  Tennessee. 

CHAPTER  IX. — An  act  to  incorporate  the  Cairo  and  New  Orleans  Pilot's  Benevolent  Association. 

CHAPTER  X. — An  act  incorporating  the  Great  Southwestern  Oil  and  Mining  Company. 

CHAPTER  XI. — An  act  to  change  a  railroad  fund  into  a  county  fund  for  Blouut  county. 

CHAPTER  XII. — An  act  to  incorporate  the  Tennessee  Fire  and  Marine  Insurance  Company. 

CHAPTER  XIII. — An  act  to  incorporate  a  literary  society  of  Nashville,  known  as  the  "Agnomen  Club." 

CHAPTER  XIV.— An  act  to  authorize  and  instruct  the  comptroller  of  the  treasury  to  audit,  and  the  treasurer 
to  pay  the  salary  due  the  Hon.  Samuel  D.  Frierson,  chancellor. 

CHAPTER  XV. — An  act  to  amend  an  act  passed  on  the  26th  of  February,  1858,  entitled  "An  act  to  charter  the 
Cleveland  and  Ducktown  railroad. 

CHAPTER  XVI. — An  act  to  incorporate  the  Nashville  Barbei-s'  Association. 

CHAPTER  XVII. — An  act  to  incorporate  the  Tennessee  Oil,  Mining,  and  Manufacturing  Company. 

CHAPTER  XVIII. — An  act  to  incorporate  the  Memphis  City  Railroad  Company. 

CHAPTER  XIX. — An  act  to  incorporate  the  Tennessee  and  Kentucky  Petroleum,  Mining,  and  Manufacturing 
Company,  and  for  other  purposes. 

CHAPTER  XX. — An  act  to  amend  an  act  authorizing  John  C.  Haley  to  establish  a  turnpike  road,  passed 
October  28,  1833. 

CHAPTER  XXI. — An  act  to  incorporate  the  Memphis  and  Mound  City  Arkansas  Steam  Packet  Company  of 
Memphis. 

CHAPTER  XXII. — An  act  to  incorporate  the  Tennessee  Motintain  Petroleum  and  Mining  Company. 

CHAPTER  XXIII. — An  act  to  incorporate  the  East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  Salt  Company. 

CHAPTER  XXIV. — An  act  to  incorporate  the  Manchester  and  Barren  Fork  Mining  and  Manufacturing  Company. 

CHAPTER  XXV. — An  act  to  amend  an  act  entitled  "An  act  to  incorporate  the  East  Tennessee  and  Virginia 
Railroad  Company,"  passed  the  27th  day  of  January,  1848. 

CHAPTER  XXVI. — An  act  to  incorporate  the  Tennessee  Mining  and  Mannfacturirg  Company. 

CHAPTER  XXVII. — An  act  to  incorporate  the  Tennessee  and  Cumberland  Oil  and  Mining  Company. 

CHAPTER  XXVIII. — An  act  to  charter  the  East  Tennessee  Female  College. 

CHAPTER  XXIX. — An  act  to  change  the  line  between  the  counties  of  Anderson  and  Campbell. 

CHAPTER  XXX. — An  act  to  incorporate  the  Cumberland  Basin  Petroleum  and  Mining  Company. 

CHAPTER  XXXI. — An.  act  to  incorporate  the  Cumberland  Mining  and  Petroleum  Company,  and  for  other 
purposes. 

CHAPTER  XXXII.— An  act  to  incorporate  the  United  Hebrew  Brethren  Benefit  Society  of  Memphis. 

CHAPTER  XXXIII. — An  act  to  encourage  the  planting,  improvement,  and  other  interests  of  the  State  of  Ten 
nessee,  and  for  other  purposes. 

CHAPTER  XXXIV.— An  act  to  incorporate  the  New  Fork  and  Tennessee  Petroleum  and  Mining  Company. 

CHAPTER  XXXV. — An  act  to  recharter  the  Tennessee  Marine  and  Fire  Insurance  Company. 

RESOLUTIONS. 

NUMBER  I. — Joint  resolution  to  compare  the  vote  for  governor. 

NUMBER  II. — A  joint  resolution  of  respect  to  the  memory  of  Hon.  Samuel  K.  McCammon. 

NUMBER  III. — Senate  resolution  to  print  rules  for  its  government. 

NUMBER  IV. — Senate  resolution  fixing  number  of  papers  to  be  taken  by  members. 

NUMBER  V. — Senate  resolution  inviting  General  Thomas  to,a  seat  in  the  senate. 

NUMBER  VI.  — Senate  resolution  to  open  the  senate  with  prayer. 

NUMBER  VII. — Joint  resolution  to  notify  the  governor  of  his  election. 

NUMBER  VIII. — Joint  resolution  to  meet  in  convention  to  inaugurate  the  governor. 

NUMBER  IX. — Joint  resolution  adopting  the  amendments  of  the  Constitution  ef  the  United  States  abolishing 

slavery. 
NUMBER  X. — A  joint  resolution  tendering  the  thanks  of  the  general  assembly  of  the  State  of  Tennessee  to 

General  Thomas. 

NUMBER  XI. — Joint  resolution  tendering  the  thanks  of  the  loyal  people  of  Tennessee  to  the  legislature  of  Ohio. 
NUMBER  XII. — Joint  resolution  directing  the  State  treasurer  to  pay  to  members  of  the  legislature  the  amount 

due  them. 

NUMBER  XIII. — Joint  resolution  to  elect  a  secretary  of  state. 
NUMBER  XIV.— Joint  resolution  to  raise  a  committee  on  the  State  library. 

NUMBER  XV. — Joint  resolution  to  appoint  a  joint  committee  of  the  two  houses  to  report  joint  rules  and  regu 
lations  for  the  government  of  both  houses. 

NUMBER  XVI. — Joint  resolution  to  raise  a  joint  committee  to  redistrict  the  State. 
NUMBER  XVII. — Joint  resolution  to  appoint  a  committee  to  investigate  the  past  and  present  condition  an* 

management  of  the  penitentiary. 
NUMBER  XVIII. — Joint  resolution  appointing  a  committee  to  report  what  action  should  be  had  with  reference 

to  the  death  of  President  Abraham  Lincoln. 
NUMP.ER  XIX. — Joint  resolution  expressing  the  sense  of  the  general  assembly  on  the  death  of  President 

Abraham  Lincoln. 

NUMBER  XX. — Joint  resolution  to  support  the  administration  of  President  Johnson. 
NUMBER  XXL— Joint  resolution  requesting  the  governor  of  the  State  to  communicate  certain  facts  to  the 

President  of  the  United  States. 


4  RECONSTRUCTION — TENNESSEE. 

• 

NUMBER  XXII.— Joint  resolution  allowing  mileage  to  Messrs.  Grantham  and  Tighe. 
NUMBKII  XXIII. — Joint  resolution  to  mei-t  in  convention  to  elect  a  comptroller. 
NUMBER  XXI V. — Joint  resolution  raisin";  :i  joint  committee  on  ways  and  means. 
NUMBER  XXV. — Joint  resolution  to  meet  in  convention  to  elect  registers  of  land  offices. 
NUMBER  XXVI. — Joint  resolution  for  the  Ix-m-fit  of  V.  Meyejs. 

NUMBER  XXVII.— Joint  resolution  to  meet  in  convention  to  elect  a  secretary  of  state. 
NUMBKR  XX VIII.— Joint  resolution  to  meet  in  convention  to  elect  a  treasurer  and  secretary  of  state. 
NUMBER  XXIX.— Joint  resolution  in  regard  to  the  State  library. 

NUMBKR  XXX. — Joint  resolution  to  meet  in  convention  to  elect  senators  to  the  United  States  Congress. 
NUMBKR  XXXI.— A  joint  resolution  to  declare  the  office  of  comptroller  of  the  treasury  of  the  State  of  Ten 
nessee  vacant. 

NUMBER  XXXII.— Joint  resolution  to  meet  in  convention  to  elect  a  public  printer. 
NUMBKR  XXXIII.— Joint  resolution  to  meet  in  convention  to  elect  a  State  librarian. 
NUMBKR  XXXIV.— Joint  resolution  offering  a  reward  of  five  thousand  dollars  for  the  apprehension  of  Lsham 

G.  Harris. 

NUMBKR  XXXV. — A  joint  resolution  to  meet  the  house  in  convention  to  elect  a  State  comptroller. 
NUMBKR  XXXVI.— Joint  resolution  to  raise  a  joint  committee  to  wait  on  the  national  banks  of  the  State. 
NUMBKR  XXXVII. — Joint  resolution  to  meet  in  convention  to  elect  an  entry-taker  for  the  Ocoee  district. 
NUMBER  XXXV11L— Joint  resolution  appointing  commissioners  to  settle  with  the  Louisville  and  Nashville 

railroad. 

NUMBER  XXXIX. — Joint  resolution  applying  to  the  President  for  troops. 
NUMBER  XL.— A  joint  resolution  appointing  a  committee  to  memorialize  Congress. 
NUMBER  XLI. — Resolution  of  inquiry  in  relation  to  the  Hermitage  property. 
NUMBKR  XL1I.—  Joint  resolution  raising  a  joint  committee  on  the  elective  franchise. 

NI'MBKR  XLIII. — Joint  resolution  requr  sting  the  governor  to  lay  before  the  legislature  certain  correspondence. 
Nr.MBER  XL1V.— A  joint  resolution  declaring  certain  civil  offices  vacant,  and  providing  for  filling  the  same. 
NUMBER  XLV. — Joint  resolution  to  raise  a  joint  committee  to  examine  into  the  condition  of  the  Bank  of  Ten 
nessee  and  branches. 
NUMBER  XL VI.— Joint  resolution  to  authorize  the  secretary  of  state  to  take  charge  of  the  senate  chamber  and 

the  hall  of  the  house  of  representatives. 

NUMBER  XL VI I. — Joint  resoluton  to  meet  in  convention  to  elect  a  keeper  of  the  penitentiary. 
NUMBER  XLVIII.—  Joint  resolution  of  thanks  to  Major  General  Stoneman. 

NUMBER  XLIX. — Joint  resolution  requesting  information  from  the  bondholders  of  Tennessee  bonds. 
NUMBER  L. — Joint  resolution  directory  to  the  attorney  general  of  the  state. 
NUMBER  LI.— Joint  resolution  taking  charge  of  the  assets  of  the  Bank  of  Tennessee. 
NUMBER  LII. — A  joint  resolution  providing  for  the  number  of  acts  and  journals  of  the  legislature  of  18G5  to  be 

printed  for  distribution. 
NUMBER  LIII.— A  joint  resolution  in  relation  to  a  certain  class  of  Tennessee  Union  soldiers  who  lost  their 

lives  in  the  army  of  the  Union  during  the  rebellion. 

NUMBER  LIV. — Joint  resolution  directory  to  the  trustees  of  Tennessee  Hospital  for  the  Insane. 
NUMBER  LV. — Joint  resolution  appointing  a  committee  to  wait  on  the  major  general  commanding  the  depart 
ment  and  make  inquiries  in  relation  to  certain  assessments. 

NUMBER  LVI.— A  joint  resolution  appointing  a  committee  to  settle  with  Hon.  Joseph  S.  Fowler,  late  comp 
troller  and  acting  treasurer  of  the  State. 

NUMBER  LVII. — Joint  resolution  directory  to  the  secretary  of  state. 
NUMBER  LVI1L— Joint  resolution  requesting  the  governor  to  employ  an  attorney-at-law, 
NUMBER  L1X.— Joint  resolution  directory  to  the  comptroller. 
NUMBER  LX. — Joint  resolution  directory  to  the  keeper  of  the  penitentiary. 
NUMBER  LXI. — Joint  resolution  postponing  the  business  before  the  general  assembly. 
NUMBER  LXII.— Joint  resolution  to  have  published  in  certain  newspapers  "An  act  to  limit  the  elective 

franchise." 
NUMBER  LXIII.— Joint  resolution  of  thanks  to  Brevet  Brigadier  General  J.  L.  Donaldson,  chief  quartermaster 

department  of  the  Cumberland,  and  Captain  Hunter  Brooke,  provost  marshal. 

NUMBER  LXIV.— Joint  resolution  congratulatory  at  the  appointment  of  Major  General  Thomas  to  this  military 
division. 


INTRODUCTORY   DOCUMENTS. 

The  following  papers  embrace  the  commission  of  Hon.  Andrew  Johnson  as 
military  governor  of  Tennessee,  from  the  War  Department  at  Washington; 
his  instructions  from  President  Lincoln,  in  accordance  with  the  4th  section  of 
the  4th  article  of  the  federal  Constitution  ;  the  call  of  the  Executive  Union 
Committee  of  the  State  for  a  State  convention,  to  meet  December  19,  1864,  at 
the  State  capitol;  and  the  call  of  the  same  committee  for  a  postponed  meeting 
of  the  same  convention,  to  meet  January  8,  1865,  said  postponement  being  ren 
dered  necessary  in  consequence  of  the  siege  of  Nashville  by  the  rebel  army ; 
,'h-'  alterations  and  amendments  to  the  State  constitution,  proposed  to  the  people 
of  Tennessee  by  that  convention,  with  the  accompanying  resolutions  of  that 
body ;  the  proclamation  of  Governor  Johnson  authorizing  the  opening  of  the 
polls  throughout  the  State  for  the  ratification  or  rejection  of  said  amendments 
and  alterations  to  the  constitution;  and  the  final  proclamation  of  Governor 
Johnson,  declaring  said  amendments  and  alterations  to  be  legally  adopted  as  a 
part  of  the  constitution  by  formal  ratification  of  the  loyal  voters  of  the  State 


RECONSTRUCTION TENNESSEE  5 


APPOINTMENT    OF    ANDREW   JOH-NSON    AS    MILITARY  GOVERNOR    OF  TENNESSEE 

BY  THE  PRESIDENT. 

WAR  DEPARTMENT,  March  3,  1862. 
To  the  Hon.  Andrew  Johnson : 

SIR  :  You  are  hereby  appointed  military  governor  of  the  State  of  Tennessee, 
with  authority  to  exercise  and  perform,  within  the  limits  of  that  State,  all  and 
singular  the  powers,  duties,  and  functions  pertaining  to  the  office  of  military 
governor,  including  the  power  to  establish  all  necessary  offices,  tribunals,  &c. 

EDWIN  M.  STANTON, 

Secretary  of  War. 

EXECUTIVE  MANSION, 
Washington,  D.  C.,  September  19,  1863. 

You  are  hereby  authorized  to  exercise  such  powers  as  may  be  necessary  and 
proper  to  enable  the  loyal  people  of  Tennessee  to  present  such  a  republican 
form  of  State  government  as  will  entitle  the  State  to  the  guarantee  of  the  United 
States  therefor,  and  to  be  protected  under  such  State  government  by  the  United 
States  against  invasion  and  domestic  violence.  All  according  to  the  4th  section 
of  the  4th  article  of  the  Constitution  of  the  United  States. 

ABRAHAM  LINCOLN. 
Hon.  ANDREW  JOHNSON, 

Military  Governor  of  Tennessee. 


The  following  call  was  published  by  a  committee  of  Union  men  in  Middle 
Tennessee.  Similar  calls  were  published  by  Union  committees  in  East  and 
West  Tennessee : 

To  the  Union  men  of  Middle  Tennessee  : 

The  executive  committee  of  Middle  Tennessee  take  this  opportunity  of 
requesting  the  Union  men  of  the  middle  division  of  the  State  to  appoint  delegates 
to  the  convention  at  Nashville  on  the  19th  of  December.  The  people  of  East 
and  West  Tennessee  will  be  here;  it  is  our  duty  to  meet  them.  The  people 
meet  to  take  such  steps  as  wisdom  may  direct  to  restore  the  State  of  Tennessee 
to  its  once  honored  status  in  the  great  national  Union. 

The  dignity  of  men  descended  from  a  race  of  freemen  and  heroes,  the 
maintenance  of  your  rights  and  the  interests  of  your  children,  all  call  upon  you  to 
act  as  brave  and  true  men.  Come  forth  in  your  strength  to  assert  your  rights 
and  to  organize  the  loyal  sentiment  of  Tennessee. 

If  you  cannot  meet  in  your  counties,  come  upon  your  own  personal  respon 
sibility.  It  is  the  assembling  of  Union  men  for  the  restoration  of  their  own 
Commonwealth  to  life  and  a  career  of  success. 

LEWIS  TILLMAN, 
WM.  SPENCE, 
M.  M.  BRIEN, 
A.  V.  S.  LINDSLEY, 
JOS.  S.  FOWLER, 
Executive  Committee  Middle  Tennessee. 

The  presence  of  the  rebel  army  around  Nashville  prevented  the  convention 
from  assembling,  and  the  following  call  was  made  accordingly : 


RECONSTRUCTION — TENNESSEE. 


NASHVILLE,  Decemlcr  19,  1864. 
To  the  Union  men  of  Tennessee  • 

The  executive  committee  of  Middle  Tennessee  have  selected  the  8th  of   Jan 
nary,  1865,  for  the  meeting  of  the  State  convention  at  Nashville 

As  the  anniversary  of  the  battle  of  New  Orleans,  the  8th  day  of  January, 
occurs  on  Sunday,  the  convention  will  nut  assemble  until  the  9th. 

The  committees  in  East  and  West  Tennessee  are  requested  to  make  a  simi 
lar  announcement  in  their  respective  districts, 

M.  M.  BRIEN, 
WM.  SPENCE, 
LEWIS  TILLMAN, 
A.  V.  S.  LINDSLEY, 
JOS.  S.  FOWLER, 
Executive  Committee  Middle  Tennessee, 
DECEMBER  5,  1864. 


The  convention  met  and  proposed  the  following  alterations  and  amendmen 
to  the  Stata  constitution : 

PROPOSED  ALTERATIONS  AND  AMENDMENTS  TO  THE  CONSTITUTION. 

Whereas  the  first  article  and  the  first  section  of  the  declaration  of  rights  in 
the  constitution  of  the  State  of  Tennessee  declares  "  that  all  power  is  inherent 
in  the  people,  and  all  free  governments  are  founded  on  their  authority,  and 
instituted  for  their  peace,  safety,  and  happiness ;  and  for  the  advancement  of 
these  ends  they  have  at  all  times  an  inalienable  and  indefeasible  right  to  alter, 
reform,  or  abolish  the  government  in  such  manner  as  they  may  think  proper," 
we,  the  people  of  the  State  of  Tennessee  and  of  the  United  States  of  America 
in  convention  assembled,  do  propound  the  following  alterations  and  amendments 
to  the  constitution,  which,  when  ratified  by  the  sovereign  loyal  people,  shall  be 
and  constitute  a  part  of  the  permanent  constitution  of  the  State  of  Tennessee. 

ARTICLE  I. 

SECTION  1.  That  slavery  and  involuntary  servitude,  except  as  a  punishment 
for  crime,  whereof  the  party  shall  have  been  duly  convicted,  are  hereby  forever 
abolished  and  prohibited  throughout  the  State. 

SEC.  2  The  legislature  shall  make  no  law  recognizing  the  right  of  property  in 
man. 

SCHEDULE. 

SECTION  1.  Section  31  of  the  second  article  of  the  constitution,  which  is  as 
follows,  "  The  general  assembly  shall  have  no  power  to  pass  laws  for  the  eman 
cipation  of  slaves,  without  the  consent  of  their  owner  or  owners,"  is  hereby 
abrogated. 

SEC.  2.  "  The  declaration  of  independence  and  ordinance  dissolving  the 
federal  relations  between  the  State  of  Tennessee  and  the  United  States  of 
America,"  passed  and  promulgated  by  the  legislature  of  Tennessee  on  the  6th 
day  of  May,  1861,  by  which  the  State  was  declared  separated  from  the  federal 
Union,  and  all  laws  and  ordinances  by  which  Tennessee  became  a  member  of  the 
federal  Union,  annulled  and  abrogated,  was  in  like  manner  an  act  of  treason 
and  usurpation,  unconstitutional,  null  and  void. 

SEC.  3.  The  convention,  agreement,  and  military  league  entered  into  by  the 
commissioners  of  the  State  of  Tennessee  and  the  commissioners  of  the  so-called 


RECONSTRUCTION TENNESSEE.  7 

Confederate  States  of  America,  made  May  7,  1861,  and  on  the  same  day  ratified 
and  confirmed  by  the  legislature,  was  an  act  of  treason  and  usurpation,  uncon 
stitutional,  null  and  void. 

SEC.  4.  No  statute  of  limitations  shall  be  held  to  operate  from  and  after  the 
6th  day  of  May,  1861,  until  such  time  hereafter  as  the  legislature  may  prescribe, 
nor  shall  any  writ  of  error  be  refused  or  abated  in  any  cause  or  suit  decided 
since  the  6th  day  of  May,  1861,  and  prior  to  this  time,  by  reason  of  any  lapse 
of  time.  And  in  all  actions  for  torts  brought,  or  which  may  hereafter  be  brought 
in  the  courts  in  this  State  by  attachment  levied  upon  the  property  of  the  de 
fendant,  the  court  shall  have  power  to  proceed  to  judgment  and  collection  of  the 
same,  as  upon  contracts,  without  personal  service  of  process  upon  the  defendant, 
until  the  legislature  may  see  fit  to  change  the  law  in  such  cases. 

SEC.  5.  All  laws,  ordinances,  ami  resolutions,  as  well  as  all  acts  done  in  pur 
suance  thereof,  under  the  authority  of  the  usurped  State  government  after  the 
declared  independence  of  the  State  of  Tennessee,  on  or  after  the  6th  day  of 
May,  1861,  were  unconstitutional,  null  and  void  from  the  beginning:  Provided, 
That  this  section  shall  not  be  construed  as  to  affect  any  judicial  decisions  made 
by  the  State  courts  held  at  times  differing  from  those  provided  by  law  prior  to 
May  6,  1861 ;  said  judicial  decisions  being1  made  pursuant  to  the  laws  of  the 
State  of  Tennessee  enacted  previous  to  said  date,  and  between  parties  present 
in  court  and  litigating  their  rights. 

SEC.  6.  All  laws,  ordinances,  and  resolutions  of  the  usurped  State  government, 
passed  on  or  after  the  6th  day  of  May,  1861,  providing  for  the  issuance  of  State 
bonds,  also  all  notes  of  the  Bank  of  Tennessee,  or  any  of  its  branches,  issued 
on  or  after  the  6th  day  of  May,  1861,  and  all  debts  created  or  contracted  in  the 
name  of  the  State  by  said  authority,  are  unconstitutional,  null  and  void;  and  no 
legislature  shall  hereafter  have  power  to  pass  any  act  authorizing  the  payment 
of  said  bonds  or  debts,  or  providing  for  the  redemption  of  said  notes. 

SEC.  7.  All  civil  and  military  officers  which  have  been  or  may  hereafter  be 
appointed  by  the  acting  governor  of  the  State,  are  hereby  ratified  and  affirmed, 
and  they  shall  continue  to  hold  and  exercise  the  functions  of  their  respective 
offices  until  their  successors  shall  be  elected  or  appointed,  and  qualified  as  pre 
scribed  by  the  laws  and  Constitution  of  the  State  and  United  States. 

SEC.  8.  That  the  proposed  amendments  to  the  Constitution,  and  the  schedule 
thereto,  be  submitted  to  the  people  at  the  ballot-box,  on  the  22d  day  of  Febru 
ary  next,  and  that  upon  the  adoption  thereof,  by  the  people,  an  election  shall  be 
held  on  the  4th  day  of  March  next,  for  governor  and  members  of  the  legislature, 
the  latter  to  be  voted  for  by  general  ticket,  upon  the  basis  prescribed  in  the  act 
apportioning  representation  in  the  State,  passed  on  the  19th  day  of  February, 
1852,  to  assemble  at  the  capitol  on  the  1st  Monday  in  April  next,  said  officers 
to  continue  in  office  until  their  successors  shall  be  elected  and  qualified,  under 
the  regular  biennial  election  of  1867. 

Provided,  That  said  apportionment  be  so  modified  as  to  give  to  the  counties 
of  Johnson,  Carter,  Campbell,  Anderson,  Union,  Sevier,  Macon,  and  Hancock, 
each  one  member,  and  the  district  composed  of  the  counties  of  Fentress,  Mor 
gan,  Scott,  and  Cumberland,  one  additional  member  in  the  House  of  Represen 
tatives. 

SEC.  9.  The  qualifications  of  voters  and  the  limitation  of  the  elective  fran 
chise  may  be  determined  by  the  general  assembly,  which  shall  first  assemble 
under  the  amended  Constitution. 

RESOLUTIONS. 

Resolved,  That  at  the  election  in  February  those  in  favor  of  the  foregoing 
amendments  and  schedule  shall  deposit  a  ballot  on  which  shall  be  written 
"Ratification,"  and  those  who  are  opposed  shall  deposit  a  ballot  on  which  shall 
be  written  "Rejection." 


8  RECONSTRUCTION TENNESSEE. 

Resolved,  That  when  the  above  amendments  of  the  constitution  of  the  State 
of  Tennessee  shall  be  submitted  to  the  people  of  the  State  for  their  ratification 
or  rejection,  and  at  the  first  election  held  under  said  constitution  as  amended,  if 
ratified  by  the  people,  no  person  shall  be  permitted  to  vote  unless  he  first  take 
the  following  o  th  at  the  polls;  and  the  name  of  each  voter  shall  be  written 
upon  the  back  of  his  ticket,  and  it  shall  be  the  duty  of  the  judges  and  clerks  of 
said  election  to  preserve  said  tickets  and  file  them  with  the  clerks  of  the  county 
courts  of  their  respective  counties  for  future  reference.  Provided,  That  this 
oath  shall  not  be  required  of  the  citizens  who  are  well  known  to  the  judges  of 
the  election  to  have  been  unconditional  Union  men.  Proridtd,  also,  That  voters 
otherwise  qualified  may  vote  within  any  county  of  the;  State,  and  if  in  the  mili 
tary  service,  wherever  they  may  be  on  the  day  of  election ;  and  that  the  com 
manding  officer  of  each  regiment,  battalion,  detachment,  battery,  or  hospital,  is 
empowered  to  hold  such  elections. 

Oath. — I  solemnly  swear  that  I  will  henceforth  support  the  Constitution  of 
the  United  States,  and  defend  it  against  the  assaults  of  all  its  enemies;  that  I 
am  an  active  friend  of  the  government  of  the  United  States,  and  the  enemy  of 
the  so-called  Confederate  States;  that  I  ardently  desire  the  suppression  of  the 
present  rebellion  against  the  government  of  the  United  States;  that  I  sincerely 
rejoice  in  the  triumph  of  the  armies  and  navies  of  the  United  States,  and  in  the 
defeat  and  overthrow  of  the  armies,  navies,  and  of  ;tll  armed  combinations  in 
the  so-called  Confederate  States;  that  I  will  cordially  oppose  all  armistices  or 
negotiations  for  peace  with  rebels  in  arms,  until  the  Constitution  of  the  United 
States,  and  all  laws  -and  proclamations  made  in  pursuance  thereof  shall  be  estab 
lished  over  all  the  people  of  every  State  and  Territory  embraced  within  the 
national  Union;  and  that  I  will  heartily  aid  and  assist  the  loyal  people  in  what 
ever  measures  may  be  adopted  for  the  attainment  of  those  ends ;  and  further, 
that  I  take  this  oath  freely  and  voluntarily  and  without  mental  reservation.  So 
help  me  God. 

Resolved,  That  the  returns  of  this  election  shall  be  made  to  the  secretary  of 
State,  and  the  result  be  declared  by  the  proclamation  of  the  acting  governor. 

Resolved,  That  the  convention  do  nominate  and  offer  to  the  people  a  candi 
date  for  governor,  and  that  the  delegates  from  the  several  senatorial  and  repre 
sentative  districts  be  requested  to  nominate  and  present  to  the  convention 
candidates  for  their  respective  districts,  to  be  placed  upon  the  general  legislative 
ticket :  Provided,  If  the  Union  people  of  any  district  shall  desire  to  make  another 
selection,  that  they  have  opportunity  to  do  so. 

Eesolccd,  That  it  shall  be  the  duty  of  the  executive  committee  to  fill  all 
vacancies  that  may  occur  in  the  list  of  candidates  and  officers  for  holding  elec 
tions  solicited  by  the  convention. 

Resolved,  That  the  names  of  such  as  may  be  selected  shall  be  forwarded  to- 
the  chairman  at  Nashville,  on  or  before  the  10th  day  of  February  next,  when 
the  chairman  shall  publish  the  complete  list  in  the  papers  of  the  State. 


GOVERNOR'S  PROCLAMATION. 

Whereas,  at  a  large  and  respectable  convention  of  the  free  and  loyal  people 
of  the  State  of  Tennessee,  begun  and  held  in  the  city  of  Nashville,  on  the  9th 
day  of  January,  1SG5,  certain  articles  amendatory  of  the  constitution  of  the 
State  and  the  schedule  thereto  appended,  were,  with  great  unanimity,  adopted 
and  propounded  to  the  people  for  ratification  or  rejection  on  the  22d  of  Febru 
ary,  1865 ;  and  whereas,  the  schedule  provides  that  in  the  event  of  the  ratifica 
tion  of  said  proposed  constitutional  amendments,  the  loyal  people  of  the  State 
shall,  on  the  4th  of  March  next  thereafter,  proceed  by  "  general  ticket,"  to  elect  a 
governor  arid  members  to  the  general  assembly,  to  meet  in  the  capitol  in  Nash- 


RECONSTRUCTION TENNESSEE.  9 

ville,  for  tie  transaction  of  public  business,  on  the  first  Monday  of  April,  1865 ; 
and  whe/^as,  the  convention  aforesaid,  acting  in  the  primary  and  sovereign 
capacity  of  the  people,  prescribed  certain  rules  and  regulations  under  which  the 
should  be  conducted,  and  designated,  in  many  of  the  counties,  certain 
Arsons  to  open  and  hold  the  same,  and  in  others  omitted  to  name  any  one, 
which,  to  avoid  confusion,  I  have,  as  far  as  practicable,  caused  to  be  supplied; 
and  in  addition  thereto,  and  for  the  purpose  of  more  effectually  carrying  out  the 
objects  of  the  convention  and  enabling  the  sovereign  loyal  people  of  the  State 
to  express  their  judgment  freely  and  fully  on  the  grave  question  submitted  to 
their  decision: 

Therefore,  I,  Andrew  Johnson,  military  governor  of  the  State  of  Tennessee, 
by  virtue  of  the  power  and  authority  in  me  vested,  do  hereby  declare  that  the 
several  persons  in  the  proceedings  of  the  convention  named  and  appointed  to 
open  and  hold  the  elections  therein  provided  for,  are  hereby  empowered  and 
directed  to  open  and  hold  said  elections  in  person  in  their  respective  counties, 
wherever  practicable,  and  to  appoint  and  qualify,  if  necessary,  such  judges  and 
inspectors  of  elections  and  other  officers,  as  may  be  necessary  to  open  the  polls 
and  conduct  the  elections  in  such  other  parts  of  their  respective  counties  as  the 
convenience  of  the  people  may  require,  and  to  make  returns  to  the  secretary  of 
the  State,  as  provided  by  the  third  resolution  of  the  convention,  as  nearly  as 
practicable  in  conformity  to  the  act  of  assembly,  in  such  cases  made  and  provided. 

And  I  do  hereby  further  declare,  and  fully  authorize  and  direct  the  executive 
committee  appointed  in  each  grand  division  of  the  State,  and  referred  to  in  the 
fourth  and  fifth  resolutions  of  the  proceedings  of  said  convention,  to  supply, 
whenever  practicable,  the  places  of  all  such  persons  as,  for  any  cause,  may 
become  vacant  in  the  list  of  persons  hereinbefore  qualified  to  hold  said  elections ; 
and  in  such  cases,  when  it  is  not  convenient  or  practicable  for  vacancies  to  be 
filled  as  above  provided,  any  loyal  citizen  of  the  county  is  hereby  authorized 
and  empowered  to  open  and  hold  said  elections,  and  make  return  thereof,  which 
shall  be  as  valid  as  if  done  by  any  of  the  persons  hereinbefore  mentioned. 

I  do  furthermore  authorize  and  empower  the  commanding  officer  of  each 
regiment,  battalion,  detachment,  battery,  or  hospital  of  Tennessee  troops, 
wherever  they  may  be  on  the  day  of  said  elections,  to  open  and  hold  elections 
for  their  respective  command^  or  hospitals,  and  make  due  return  thereof,  under 
the  same  rules  and  regulations  above  prescribed. 

Here  I  might  well  close  this  proclamation,  but  I  will  be  pardoned  for  adding 
that  the  action  of  the  convention  is  wisely  submitted  to  the  loyal  people — the 
true  source  of  all  political  power — for  approval;  and  I  feel  assured,  as  they 
appreciate  the  restoration  of  good  government,  and  the  protection  of  their  lives 
and  property,  they  will  not  hesitate  to  come  forward,  as  one  man,  and  with  one 
voice  ratify  and  confirm  the  action  of  the  convention.  We  have  been,  in  Ten 
nessee,  torn  asunder  by  civil  war,  and  all  our  public  and  private  interests  broken 
down,  and  the  folly  of  the  rebellion  has  surely  been  sufficiently  demonstrated  to 
admonish  all  classes  that  they  can  no  longer  live  in  hostility  to  the  national 
government,  and  ought  no  longer  t-.>  remain  without  civil  authority  in  the  State. 
Strike  down  at  one  blow,  the  institution  of  slavery — remove  the  disturbing 
element  from  your  midst,  and  by  united  action  restore  the  State  to  its  ancient 
moorings  again,  and  you  'may  confidently  expect  the  speedy  return  of  peace, 
happiness  and  prosperity. 

In  testimony  whereof,  I,  Andrew  Johnson,  military  governor  of  Tennessee, 
do  hereunto  set  my  hand,  and  cause  the  great  seal  of  the  State  to  be  affixed  at  the 
executive  office,  in  the  city  of  Nashville,  on  this  the  26th  day  of  January,  1865. 

ISEAL.I  ANDREW  JOHNSON. 


1 0  RECONSTRUCTION — TENNESSEE. 

OFFICIAL    DECLARATION    OF    THE    RATIFICATION  OF    THE  AMENDMENTS  TO  THE 
CONSTITUTION GOVERNOR'S  PROCLAMATION. 

Whereas,  the  convention  that  recently  assembled  in  the  city  of  Nashville 
proposed  certain  alterations  and  amendments  to  the  constitution  of  the  State  of 
Tennessee,  and  the  schedule  thereto  appended,  which,  by  the  direction  of  the 
convention,  were  submitted  to  the  people  at  the  ballot-box  on  the  22d  instant, 
and  by  them  ratified  and  confirmed;  and  whereas  the  convention  further  pro 
vided,  that  in  the  event  of  the  adoption  of  "the  amendments  to  the  constitution, 
and  ihe  schedule  thereto,"  an  election  for  governor  and  members  of  the  legisla 
ture  should  be  held  on  the  4th  of  March  next  following,  to  assemble  at  the 
capitol  in  Nashville  on  the  first  Monday  in  April  next  thereafter;  and  whereas 
the  returns  of  the  election  for  the  ratification  or  rejection  of  the  proposed  amend 
ments  of  the  constitution  were,  by  the  3d  resolution  adopted  by  the  convention, 
to  be  made  to  the  secretary  of  State,  and  the  result  declared  by  proclamation  of 
the  acting  governor;  and  whereas  complete  returns  have  not  been  yet  made 
as  provided  by  the  foregoing  resolution,  but  enough  is  already  ascertained  to 
place  the  result  of  the  election  beyond  all  doubt,  and  fully  to  justify  the  an 
nouncement  that  the  following  articles  amendatory  of  the  constitution  of  the 
State  and  schedule  thereto  appended  have  been  adopted  by  the  people,  viz : 

"ARTICLE  I. 

"SECTION  1.  Slavery  and  involuntary  servitude,  except  as  a  punishment  for 
crime,  whereof  the  party  shall  have  been  duly  convicted,  are  hereby  forever 
abolished  and  prohibited  throughout  the  State. 

"SEC.  2.  The  legislature  shall  make  no  law  recognizing  the  right  of  property 
in  man. 

"SCHEDULE. 

"SECTION  1.  Section  31  of  the  second  article  of  the  constitution,  which  is  as 
follows  :  '  The  general  assembly  shall  have  no  power  to  pass  laws  for  the  eman 
cipation  of  slaves,  without  the  consent  of  their  owner  or  owners,'  is  hereby 
abrogated. 

"SEC.  2.  <  The  declaration  of  independence  an* ordinance  dissolving  the  fed 
eral  relations  between  the  State  of  Tennessee  and  the  United  States  of  America,' 
passed  and  promulgated  by  the  legislature  of  Tennessee  on  the  6th  day  of  May, 
1861,  by  which  the  State  was  declared  separated  from  the  federal  Union,  and 
all  laws  and  ordinances  by  which  Tennessee  became  a  member  of  the  federal 
Union  annulled  and  abrogated,  was  in  like  manner  an  act  of  treason  and  usur 
pation,  unconstitutional,  null,  and  void. 

"SEC.  3.  The  convention,  agreement,  and  military  league,  entered  into  by 
the  commissioners  of  the  State  of  Tennessee  and  the  commissioner  of  the  so- 
called  Confederate  States  of  America;  made  May  7,  1861,  and  on  the  same  day 
ratified  and  confirmed  by  the  legislature,  was  an  act  of  treason  and  usurpatiou, 
unconstitutional,  null,  and  void. 

"SEC.  4.  No  statute  of  limitations  shall  be  held  to  operate  from  and  after  the 
6th  day  of  May,  1861,  until  such  time  hereafter  as  the,  legislature  may  prescribe, 
nor  shall  any  writ  of  error  be  refused  or  abate  in  any  cause  or  suit  decided 
since  the  6th  day  <>f  .May,  1861,  and  prior  to  this  time,  by  reason  of  any  lapse 
of  time.  And  in  all  actions  for  torts  brought,  or  which  may  hereafter  be  brought 
in  the  courts  of  this  State  by  attachment  levied  upon  the  property  of  the  de 
fendant,  the  courts  shall  have  power  to  proceed  to  judgment  and  collection  of 
the  same  as  upon  contracts,  without  personal  service  of  process  upon  the  de 
fendant,  until  the  legislature  may  see  fit  to  change  the  law  in  such  cases. 

"SEC.  5.  All  laws,  ordinances*  and  resolutions,  as  well  as  all  acts  done  in 


RECONSTRUCTION — TENNESSEE.  1 1 

pursuance  thereof,  under  the  authority  of  the  usurped  State  government  after 
the  declared  independence  of  the  State  of  Tennessee,  on  or  after  the  iSth  day  of 
May,  1861,  were  unconstitutional,  null,  and  void,  from  the  beginning  :  Provided, 
That  this  section  shall  not  be  construed  as  to  affect  any  judicial  decisions  made 
by  the  State  courts,  held  at  times  differing  from  those  provided  by  law,  prior  to 
May  6,  1861;  said  judicial  decisions  being  made  pursuant  to  the  laws  of  the 
State  of  Tennessee  enacted  previous  to  said  date,  and  between  parties  present 
in  court  and  litigating  their  rights. 

"  SEC.  6.  All  laws,  ordinances,  and  resolutions  of  the  usurped  State  govern 
ment,  passed  on  or  after  the  6th  day  of  May,  1861,  providing  for  the  issuance 
of  State  bonds  ;  also  all  notes  of  the  Bank  of  Tennessee,  or  any  of  its  branches, 
issued  on  or  after  the  6th  day  of  May,  1861,  and  all  debts  created  or  contracted 
in  the  name  of  the  State  by  said  authority,  are  unconstitutional,  null,  and  void; 
and  no  legislature  shall  hereafter  have  power  to  pass  any  act  authorizing  the 
pr.yment  of  said  bonds  or  debts,  or  providing  for  the  redemption  of  said  notes. 

"  SEC.  7.  All  civil  and  military  officers  who  have  been  or  may  hereafter  be 
appointed  by  the  acting  governor  of  the  State,  are  hereby  ratified  and  affirmed, 
and  they  shall  continue  to  hold  and  exercise*  the  functions  of  their  respective 
offices  until  their  successors  shall  be  elected  or  appointed  and  qualified  as  pre 
scribed  by  the  laws  and  constitution  of  the  State  and  United  States. 

"  SEC.  8.  The  proposed  amendments  to  the  constitution,  and  the  schedule 
thereto,  shall  be  submitted  to  the  people  at  the  ballot-box  on  the  22d  day  of 
February  next,  and  upon  the  adoption  thereof  by  the  people  an  election  shall 
be  held  on  the  4th  day  of  March  next  for  governor  and  members  of  the  legisla 
ture,  the  latter  to  be  voted  for  by  general  ticket,  upon  the  basis  prescribed  in 
the  act  apportioning  representation  in  the  State,  passed  on  the  19th  day  of 
February,  1852,  to  assemble  at  the  capitol  on  the  first  Monday  in  April  next, 
said  officers  to  continue  in  office  until  their  successors  shall  be  elected  and  quali 
fied  under  the  regular  biennial  election  of  1867 :  Provided,  That  said  appor 
tionment  be  so  modified  as  to  give  to  the  counties  of  Johnson,  Carter,  Campbell, 
Anderson,  Union,  Sevier,  Macon,  and  Hancock  each  one  member,  and  the  dis 
trict  composed  of  the  counties  of  Fentress,  Morgan,  Scott,  and  Cumberland  one 
additional  member  in  the  house  of  representatives. 

"  SEC.  9.  The  qualification  of  voters  and  the  limitation  of  the  elective  fran 
chise  may  be  determined  by  the  general  assembly  which  shall  first  assemble 
under  the  amended  constitution." 

And  whereas  the  time  at  which  it  is  provided  the  election  for  governor  and 
members  of  the  general  assembly  shall  be  held  is  so  near  at  hand  that  I  deemed 
it  proper,  in  advance  of  full  returns,  to  declare  the  result  of  the  election  adopting 
the  constitutional  amendments  : 

Therefore,  I,  Andrew  Johnson,  military  and  acting  governor  of  the  State  of 
Tennessee,  by  virtue  of  the  power  and  authority  in  me  vested,  do  hereby  de 
clare  that  the  foregoing  alterations  and  amendments  to  the  constitution  of  the 
State  of  Tennessee,  and  the  schedule  thereto  annexed,  have  been  ratified  and 
confirmed  by  the  vote  of  the  people  of  the  State,  and  that  said  articles  now  con 
stitute  a  part  of  the  permanent  constitution  and  supreme  law  of  the  State  of 
Tennessee,  and  as  such  are  hereafter  to  be  so  held  and  regarded  by  the  people 
thereof. 

And  I  do  hereby  further  declare  and  fully  authorize  and  direct  the  several 
persons  in  the  proceedings  of  the  late  convention  named  and  appointed  to  open 
and  hold  the  election  for  the  ratification  or  rejection  of  the  amendments  to  the 
constitution,  to  open  and  hold  an  election  for  governor  and  members  to  the  gen 
eral  assembly,  as  in  the  schedule  prescribed,  on  the  4th  of  March  next;  and 
they  are  hereby  empowered  and  directed  to  open  and  hold  said  election,  in  per 
son,  in  their  respective  counties,  wherever  practicable,  and  to  appoint  and 
qualify,  if  necessary,  such  judges  and  inspectors  of  election,  and  other  officers, 


1 2  RECONSTRUCTION — TENNESSEE. 

as  may  be  necessary  to  open  the  polls  and  conduct  the  election  in  such  other 
parts  of  their  respective  counties  as  the  convenience  of  the  people  may  require; 
and  to  make  returns  to  the  secretary  of  state  as  provided  by  the  third  resolu 
tion  of  the  convention,  as  nearly  as  practicable  in  conformity  to  the  act  of  as 
sembly  in  such  cases  made  and  provided. 

And  I  do  hereby  further  declare,  and  fully  authorize  and  direct  the  executive 
committee,  appointed  in  each  grand  division  of  the  State,  and  referred  to  in  the 
fifth  resolution  of  the  proceedings  of  said  convention,  to  supply,  whenever  prac 
ticable,  the  places  of  all  such  persons  as  may  for  any  cause  become  vacant  in 
the  list  of  persons  hereinbefore  declared  qualified  to  hold  said  election  ;  and  in 
such  cases,  when  it  is  not  convenient  or  practicable  for  vacancies  to  be  filled  as 
above  provided,  any  loyal  citizen  of  the  county  is  hereby  authorized  and  em 
powered  to  open  and  hold  said  election,  and  make  returns  thereof,  which  shall 
be  as  valid  as  if  done  by  any  of  the  persons  hereinbefore  mentioned. 

I  do  further  authorize  and  empower  the  commanding  officer  of  each  regiment, 
battalion,  detachment,  battery,  or  hospital  of  Tennessee  troops,  wherever  they 
may  be  on  the  day  of  election,  to  open  and  hold  an  election  for  their  respective 
commands  or  hospitals,  and  make  clue  return  thereof  under  the  same  rule  and 
regulations  above  prescribed. 

In  closing  this  proclamation,  I  sincerely  congratulate  the  people  of  Tennessee 
on  the  happy  result  of  the  election,  and  the  opening  prospects  of  a  speedy  and 
permanent  reorganization  of  the  State  government.  For  nearly  three  years,  in 
the  midst  of  dangers  and  difficulties  the  most  complicated  and  perplexing,  I 
have  labored  to  restore  the  State  to  its  former  proud  position  in  the  Union. 
My  constant  effort  has  been  to  save  it — not  to  destroy  it;  but  the  rebellious 
sentiments  of  the  people  often  interposed  obstacles  which  had  to  be  overcome  by 
military  power.  The  task  was  painful,  but  the  duty  has  been  performed,  and 
the  result  has  passed  into  history.  Time,  I  arn  happy  to  say,  has  greatly  calmed 
the  passions  of  the  people,  and  experience  restored  them  to  reason.  The  folly 
of  destroying  their  government,  and  sacrificing  their  sons  to  gratify  the  mad 
ambition  of  political  leaders,  needs  no  longer  to  be  told  to  the  laboring  masses. 
The  wasted  estates,  ruined  and  dilapidated  farms,  vacant  seats  around  the 
hearthstone,  prostrate  business,  insecurity  of  property,  and  even  life  itself,  every 
where  proclaim  it  in  language  not  to  be  misunderstood. 

But  all  is  not  lost.  A  new  era  dawns  upon  the  people  of  Tennessee.  They 
enter  upon  a  career  guided  by  reason,  law,  order,  and  reverence.  The  reign  of 
brnte  force  and  personal  violence  has  passed  away  forever.  By  their  own 
solemn  act,  at  the  ballot-box,  the  shackles  have  been  formally  stricken  from  the 
limbs  of  more  than  275,000  slaves  in  the  State.  The  unjust  distinctions  in  so 
ciety,  fostered  by  an  arrogant  aristocracy,  based  upon  human  bondage,  have 
been  overthrown,  and  our  whole  social  system  reconstructed  on  the  basis  of 
honest  industry  and  personal  worth.  Labor  shall  now  receive  its  merited  re 
ward,  and  honesty,  energy,  and  enterprise  their  just  appreciation.  Capital  here 
tofore  timid  and  distrustful  of  success  may  now  confidently  seek  remunerative 
and  permanent  investments  in  the  State.  Public  schools  and  colleges  begin 
anew  their  work  of  instruction,  upon  a  broader  and  inoje  enduring  basis.  The 
foundations  of  society,  under  the  change  in  the  constitution,  are  in  harmony 
with  the  principles  of  free  government  and  the  national  Union  ;  and  if  the 
people  are  true  to  themselves — true  to  the  State — and  loyal  to  the  federal 
government,  they  will  rapidly  overcome  the  calamities  of  the  war,  and  raise  the 
State  to  a  power  and  grandeur  not  heretofore  even  anticipated.  Many  of  its 
vast  resources  lie  undiscovered,  and  it  requires  intelligent  enterprise  and  free 
labor  alone  to  develop  them,  and  clothe  the  State  with  a  richness  and  beauty 
surpassed  by  none  of  her  sisters. 


RECONSTRUCTION TENNESSEE.  1 3 

In  testimony  whereof,  I,  Andrew  Johnson,  military  and  acting  governor  of 
Tennessee,  do  hereunto  set  my  hand  and  cause  the  great  seal  of  the  State  to  be 
affixed,  at  the  executive  office,  in  Nashville,  on  this  25th  day  of  February,  A.  D. 
1865. 

[SEAL.]  ANDREW  JOHNSON. 


GOVERNOR'S  MESSAGE. 
.  i 

EXECUTIVE  DEPARTMENT, 

Nashville,  April  6,  1865. 

Gentlemen  of  the  Senate  and  House  of  Representatives : 

In  accordance  with  long  established  custom,  and  in  obedience  to  the  require 
ments  of  the  constitution,  it  becomes  my  duty  to  communicate  to  the  legislature 
the  condition  of  the  State,  and  to  recommend  for  their  consideration  such  matters 
as  I  may  deem  expedient. 

When  we  contemplate  the  distracted  condition  of  the  country,  the  four  dread 
ful  years  of  trial  through  which  we  have  passed,  and  the  manner  in  which  it 
has  been  preserved,  our  minds  naturally  turn  to  Him  whose  care  has  been  over 
us,  who  has  protected  and  preserved  us  through  scenes  of  blood  and  carnage 
unprecedented  in  the  history  of  wars.  For  the  preservation  of  our  lives  and 
certain  remnants  of  our  property  ;  for  the  care  and  protection  of  Providence 
over  those  who  have  gone  forth  to  battle,  and  are  still  risking  their  lives  in  de 
fence  of  the  principles  upon  which  our  happiness  and  property  rest ;  for  life, 
health,  food  and  raiment ;  for  our  safe  conduct  through  untold  changes,  by  a 
kind  Providence  ;  for  the  prospect  of  the  restoration  of  law  and  order  in  our 
distracted  State  ;  for  the  gleam  of  light,  looking  to  peace,  now  breaking  through 
the  clouds  that  have  enveloped  us  for  the  four  years  past ;  for  these  and  numer 
ous  other  blessings  of  which  we  have  been  the  recipients,  let  us,  in  all  humility 
and  sincerity,  render  thanks  to  Almighty  God,  and  let  us  earnestly  implore  a 
continuance  of  his  favor. 

Secession  is  an  abomination  that  I  cannot  too  strongly  condemn,  and  one  that 
you  cannot  legislate  against  with  too  much  severity.  What  has  it  done  for  our 
country  in  the  space  of  four  years!  It  has  plunged  our  country  into  civil  war, 
paralyzed  our  commerce,  destroyed  our  agricultural  pursuits,  suspended  the 
whole  trade  and  business  of  our  country,  lessened  the  value  of  our  property, 
destroyed  many  of  the  pursuits  of  life,  and  has  involved  the  South  in  irretriev 
able  bankruptcy  and  ruin. 

What  has  it  done  for  Tennessee  ?  It  has  formed  odious  and  unconstitutional 
military  leagues,  passed  military  bills,  and  inaugurated  a  system  of  oppressive 
taxation,  without  consulting  the  people,  and  then,  in  mockery  of  a  free  election, 
has  required  them  by  their  votes  to  sanction  its  usurpation,  at  the  point  of  the 
bayonet,  under  the  penalty  of  imprisonment  and  death.  It  has  offered  a  pre 
mium  for  crime,  in  ordering  the  discharge  of  culprits  from  prison,  on  condi 
tion  that  they  would  enter  the  rebel  army,  and  in  recommending  the  judges  to 
hold  no  courts  for  the  trial  of  offenders.  It  has  stained  our  statute  book  with 
the  repudiation  of  honest  northern  debts,  and  has  palpably  violated  the  Con 
stitution,  by  attempting,  through  its  unlawful  extensions,  to  do  away  with  the 
right  of  suffrage.  It  has  passed  laws  making  it  treason  to  say  or  do  anything 
in  favor  of  the  government  of  the  United  States,  or  against  the  so-called  Con 
federate  States.  It  has  prostrated  and  overthrown  the  freedom  of  speech  and 
of  the  press  ;  it  has  involved  the  whole  South  in  a  war  whose  success  is  now 
proven  to  be  utterly  hopeless,  and  which,  ere  another  year  roll  round,  must  lead 
to  the  ruin  of  the  common  people.  Its  bigoted,  murderous,  and  intolerant  spirit 


14  RECONSTRUCTION TENNESSEE. 

has  subjected  the  people  of  Tennessee  to  many  grievances.  Our  people  have 
been  arrested  and  imprisoned  ;  our  houses  have  been  rudely  entered  and  shame 
fully  pillaged ;  our  families  have  been  subjected  to  insults  ;  our  women  and 
children  have  been  tied  up  and  scourged,  or  shot  by  a  ruffian  soldiery ;  our 
towns  have  been  pillaged  ;  our  citizens  have  been  robbed  of  their  horses,  mules, 
grain,  and  meat,  and  many  of  them  assassinated  and  murdered. 

Hundreds,  yes,  thousands  of  our  young  men,  middle-aged  and  old  men,  have 
been  driven  from  our  State,  and  compelled  to  enter  the  federal  army,  in  strange 
regiments,  and  their  bones  now  lie  bleaching  upon  the  many  battle-fields  of  the 
south  and  west,  and  all  this  because  our  people  were  true  to  the  traditions  of 
their  fathers,  and  refused  to  worship  rebel  gods.  And  to  the  honor  of  the  peo 
ple  be  it  known,  that  more  regiments  to-day  swell  the  number  of  the  armies  of 
the  Union  than  there  are  living  traitors  in  the  ranks  of  the  enemy. 

In  this  once  proud  capital  of  the  "Volunteer  State,"  there  have  been  thou 
sands  of  Union  refugees,  men,  women,  and  children,  broken-hearted,  naked  and 
starving;  a  great  many  are  here  still.  They  have  fled  from  the  wicked  and 
murderous  guerillas,  after  being  robbed  of  everything  they  possessed.  They 
have  lived  in  camps  or  tents,  by  fires  in  the  open  woods,  have  dragged  out  a 
miserable  existence  for  a  time,  and  died  among  strangers.  Hundreds  have  suf 
fered  from  actual  want  of  necessary  food,  shelter,  and  clothing,  while  many  res 
idences  in  this  rebellious  city  have  been  occupied  by  the  families  of  those  who 
were  fighting  against  their  country,  or,  being  citizen  rebels,  and  home  traitors, 
have  fled  within  the  rebel  lines.  These  families  have  remained  here  protected, 
and  have  wielded  an  over-ruling  social  influence.  Many  of  them  are  wealthy, 
and  live  in  ease  and  comfort.  They  have  busied  themselves  in  giving  informa 
tion  to  the  enemy,  in  carrying  delicacies  to  rebel  prisoners  who  have  been  con 
fined  here  for  their  crimes  and  treason.  And  it  is  stated  upon  undoubted  au 
thority,  and  the  fact  is  notorious  in  this  capital,  that  the  disloyal  families  never 
contributed  in  the  slightest  degree  to  the  relief  of  the  poor  and  distressed  women 
and  children,  or  disabled  soldiers  thrown  upon  this  population  by  the  operations 
of  the  war.  I  state  these  facts,  which  may  have  the  appearance  of  a  personal 
and  local  character,  that  you  may  know  how  to  shape  your  course  when  per 
sonal  and  local  legislation  is  called  for. 

I  have  the  honor  to  submit  to  the  general  assembly  of  the  State  of  Tennesee 
a  copy  of  a  joint  resolution  of  Congress,  passed  by  a  vote  of  two-thirds  of  each 
house,  entitled  "A  resolution  submitting  to  the  legislatures  of  the  several  States 
a  proposition  to  amend  the  Constitution  of  the  United  States,"  which  is  in  the 
following  words  : 

"Resolved  by  the.  Senate  and  House  of  Representatives  of  the  United  States 
in  Congress  assembled,  (two-thirds  of  both  houses  concurring  therein,)  That  the 
following  article  be  proposed  to  the  legislatures  of  the  several  States  as  an 
amendment  to  the  Constitution  of  the  United  States,  which,  when  ratified  by  the 
legislatures  of  three-fourths  of  said  States,  shall  be  valid  to  all  intents  and  pur 
poses  as  a  part  of  said  Constitution,  namely  : 

"ARTICLE  XIII. 

"  SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punish 
ment  for  crime,  whereof  the  party  shall  have  been  duly  convicted,  shall  exist 
within  the  United  States,  or  any  place  subject  to  their  jurisdiction. 

"SECTION  2.  Congress  shall  have  power  to  enforce  this  article  by  appro 
priate  legislation. 

"Approved,  February  1,  1SG3." 

The  slavery  question  here  comes  up  in  a  form  hitherto  not  discussed  in  our 
politics.  It  is  not  a  question  as  to  the  right  of  Congress  to  exclude  slavery 
irom  the  Territories,  to  legislate  upon  the  matter  themselves,  nor  does  it  involve 


RECONSTRUCTION TENNESSEE.  15 

thedscussion  of  any  doubtful  powers,  but  is  the  simple  proposition  to  amend  the 
Constitution  of  the  United  States  in  the  manner  prescribed  by  that  sacred  instru 
ment,  so  as  to  strike  down  the  monster  institution  which  has  embroiled  the 
government  for  half  a  century,  and  culminated  in  the  most  wicked,  uncalled  for 
and  bloody  war  known  to  the  history  of  the  civilized  world. 

Slavery,  secured  to  the  people  of  the  south  more  permanently  by  the  Consti 
tution  of  the  United  States,  and  the  laws  enacted  in  pursuance  thereof,  than 
any  species  of  property  claimed  by  them — not  even  excepting  their  lands — will 
now  perish  by  the  war  it  brought  about  to  enlarge  its  power  and  perpetuate 
its  existence.  Let  us  do  our  part  in  this  great  work  by  ratifying  the  action  of 
Congress,  and  carrying  out  the  wishes  of  our  people.  After  the  ratification  by 
the  people  of  our  State  of  our  amended  State  constitution,  embracing  the  same 
proposition,  and  after  your  election  to  the  general  assembly  on  this  platform,  and 
by  the  same  people,  I  have  not  considered  an  elaborate  argument  in  favor  of  the 
proposition  submitted  by  Congress  at  all  necessary.  I  may  be  allowed  to  say, 
however,  that  to  prohibit  slavery  in  a  State  requires  a  change  in  the  State  con 
stitution.  Pregnant  as  we  find  slavery  to  be  of  all  sorts  of  politicial  mischief,  it 
is  not  to  be  got  rid  of,  under  the  constitution,  in  any-  other  than  a  constitutional 
manner.  And,  while  the  sooner  this  can  be  done  the  better,  it  does  not  appear 
in  what  part  of  the  Constitution  of  the  United  States  the  power  of  regulating  it 
at  all,  in  times  of  peace,  is  to  be  found.  Fortunately  for  the  future  happiness 
of  the  country,  the  Constitution  has  provided  a  way  in  which  the  people  can 
remedy  the  evil,  without  any  questionable  exercise  of  power,  and  that  is  by 
.amending  the  Constitution,  just  as  Congress  has  proposed. 

Slavery  was  so  far  made  the  subject  of  constitutional  cognizance,  by  the 
people  of  the  United  States,  when  they  adopled  the  articles  of  confederation, 
that  it  found  a  place  in  the  compromises  of  that  instrument,  both  in  fixing  the 
ratio  of  representation  and  the  apportionment  of  direct  taxes  ;  and  also  in  requir 
ing  the  people  of  a  free  State  to  surrender  so  much  of  this  "sovereignty"  as  not 
to  have  the  right  to  protect  the  slave  that  sought  refuge  from  bondage — it  would 
seem  too  late  in  the  day  to  question  the  right  of  the  people  to  adopt  amendments 
to  that  instrument,  in  regard  to  this  or  other  subjects  embraced  in  its  provisions. 
It  becomes  us,  therefore,  to  approach  this  subject  with  an  enlightened  statesman 
ship,  and  with  a  decree  of  moral  courage  that  is  not  afraid  to  do  right,  appealing 
to  the  ultimate  judgment  of  mankind  to  vindicate  our  action. 

It  is  in  this  way,  and  in  no  other,  that  a  uniform  rule  can  be  provided,  and 
an  end  put  thereby,  in  all  time  to  come,  to  a  possibility  of  reviving  that  which 
has  been  the  fatal  cause  of  all  the  mischief  in  the  country.  To  insist  upon 
excluding  slavery  from  a  State  by  amending  her  constitution,  before  recognizing 
her  again  as  within  the  pale  of  the  Union,  would  look  awkward,  and  frill  below 
the  dignity  of  political  sagacity.  Our  State  has  shown  her  hand,  and  placed 
herself  square  upon  the  record ;  and  I  flatter  myself  that  her  representatives 
here  assembled  are  ready  for  a  measure  which  shall  forever  exclude  slavery 
from  the  United  States. 

Some  legislation  is  necessary  for  the  protection,  government  and  control  of 
the  emancipated  slaves  among  us.  When  this  war  is  over  a  portion  of  those 
who  fought  to  perpetuate  slavery  will  show  the  emancipated  slave  no  quarter, 
and  especially  that  class  of  slaves  who  have  been  rude  and  violent  toward  their 
former  owners.  What  the  character  of  this  legislation  should  be,  I  leave  the 
good-sense,  prudence  and  reflection  of  the  members  of  the  general  assembly  to 
determine. 

It  is  certainly  proper  and  right  for  the  legislature  of  Tennessee  to  determine 
to  what  extent  this  State  shall  be  overrun  with  the  emancipated  slaves  of  other 
States.  If  their  presence  in  any  State  is  a  blessing  they  should  be  distributed ; 
if  an  evil,  it  is  but  just  that  we  should  be  taxed  only  with  our  own  share  of  them. 
I  am,  myself,  the  advocate  of  providing  for  them  a  separate  and  appropriate 


16  RECONSTRUCTION TENNESSEE. 

amount  of  territory,  and  settle  them  down  permanently,  as  a  nation  of  freedmen. 
In  this  case,  as  in  most  others,  it  will  probably  be  well  to  guard  against  excep 
tive  legislation.  The  negro  has  had  no  agency  himself  ia  bringing  on  our 
troubles,  and  does  not  merit  unkind  treatment  at  our  hands. 

The  attention  of  the  legislature  is  earnestly  called  to  the  subject  of  the  roving 
bands  of  guerillas,  and  squads  of  robbers  and  murderers  who  frequent  those 
counties  and  portions  of  counties  remote  from  our  military  forces.  The  depre 
dations  and  murders  committed  by  them  are  of  such  frequent  occurrence  as  to 
have  created  a  general  feeling  of  insecurity  among  our  citizens,  causing  hun 
dreds  to  sacrifice  their  property,  and  abandon  their  homes  and  the  graves  of 
their  parents  and  loved  ones,  seeking  new  homes,  among  strangers  in  the  north 
western  States. 

The  criminal  laws  of  Tennessee  prior  to  the  rebellion  were  equal  to  the  de 
mands  of  justice  and  the  wants  of  society,  but  they  are  now  inadequate  in  both 
the  cases.  The  corruptions  of  the  rebellion  have  exhibited  themselves  in  every 
quarter,  and  the  effects  of  the  same  have  been  to  demoralize  all  classes  of  society, 
more  or  less,  calling  for  more  stringent  enactments,  so  as  to  meet  the  numerous 
cases  arising  in  our  country.  I  advise  that  horse  stealing,  house  breaking,  and 
highway  robberies  be  punished  with  death.  Let  the  proof  in  all  such  cases  be 
clear  and  unquestionable,  and  then  let  the  offenders  be  hung,  even  for  the  first 
offence.  This  character  of  a  law  will  close  out  all  these  acts  of  perfidy  which 
now  render  life  and  property  insecure,  more  or  less  in  all  counties  of  the  State; 
and,  when  the  necessary  reform  is  had,  a  future  legislature  can  repeal  or  amend 
the  statute.  Such  a  law  may  look  to  others  like  a  bloody  act,  but  it  can  never 
affect  injuriously  an  honest  man  or  a  law-abiding  citizen.  And  you,  gentlemen, 
should  feel  no  concern  for  the  opposite  class  of  men  but  to  punish  and  reform 
them. 

The  attention  of  the  legislature  is  especially  directed  to  the  militia  laws  of 
the  State.  The  occurrences  of  the  past  four  years  have  disclosed  the  fact  that 
our  militia  laws,  as  they  now  are,  are  very  imperfect,  and  need  further  amend 
ments  to  make  them  effective.  The  State  arms  were  carried  into  the  rebellion, 
through  the  influence  of  the  bad  men  in  authority  four  years  ago,  and  through 
out  the  length  and  breadth  of  the  State  she  has  not  arms  enough  to  arm  a  cap 
tain's  company.  This  deficiency  should  be  provided  for  at  once.  I  have  no 
doubt  that  the  federal  government,  upon  a  fair  presentation  of  the  case,  would 
come  to  our  relief  with  a  liberal  hand. 

If,  in  the  wisdom  of  the  legislature,  an  efficient  military  force,  over  and  above 
what  is  provided  for  in  general  terms,  should  be  placed  at  the  disposal  of  the 
executive,  I  suggest  an  appropriation  for  military  contingent  expenses.  In  any 
rate,  the  legislature  would  do  well  to  pass  an  act  providing  for  a  military  contin 
gent  fund,  of  a  moderate  character,  confiding  it  under  the  control  of  the  execu 
tive,  and  making  it  his  duty  to  report  to  the  legislature  at  each  session.  Should 
there  be  no  use  for  the  fund,  the  executive  will,  of  course,  make  no  drafts  upon 
it,  and  it  will  be  his  pleasure  to  report  that  the  money  belonging  to  the  military 
contingent  fund  remains  in  the  State  treasury  unexpended. 

I  am  aware  that  a  proposition  to  increase  the  salaries  of  public  officers  in  the 
State  will  meet  with  opposition  ;  that  it  is  not  a  popular  measure,  and  that  dem 
agogues  will  use  such  a  vote  upon  the  stump  against  members  voting  for  an  in 
crease.  Acting  alone  from  a  sense  of  duty,  and  desiring  to  see  justice  done  to 
those  patriotic  men  who  are  serving  the  State,  I  suggest  an  increase  in  the  pay 
of  all  civil  officers  whose  compensation  is  fixed  by  law.  Supreme  judges  should 
be  paid  a  salary  of  $5,000  ;  chancellors  and  circuit  judges  should  be  allowed 
$3,000,  and  the  treasurer,  comptroller,  secretary  of  state,  attorney  general,  and 
other  officers  should  be  allowed  a  corresponding  increase  in  their  salaries.  And 
I  respectfully,  but  frankly,  suggest  that  the  pay  of  members  of  the  general  as- 


RECONSTRUCTION — TENNESSEE.  1 7 

sembly  be  increased,  and  the  more  so  as  such  increase  could  not  take  effect 
during  your  term  of  office. 

It  is  folly  to  think  of  a  man  in  public  office  now  supporting  his  family  on  the 
salary  he  received  four  and  five  years  ago.  Boarding,  clothing,  meats,  vegeta 
bles — in  fact,  everything  has  increased  to  twice  former  prices.  And  yet  the  wages 
of  the  public  officers  are  down  at  the  old  prices.  If  any  one  of  the  incumbents 
named  is  worthy  of  his  office  he  is  worthy  of  a  support  from  that  office.  His 
pay  should  be  made  equal  to  his  necessary  expenses.  The  State  cannot  reason 
ably  expect  a  man  to  devote  his  individual  time  and  his  whole  energies  and 
talents  to  an  office,  when  the  salary  of  such  office  will  not  defray  the  necessary 
expenses  of  his  family.  Gentlemen  capable  of  filling  such  offices  are  capable 
of  supporting  themselves  in  other  vocations,  and  it  is  obvious  that  they  will  be 
forced  to  turn  their  attention  to  other  pursuits  in  order  to  gain  a  livelihood. 
The  increase  of  such  salaries  will  add  something  to  our  taxes,  but  the  amount 
will  be  so  small  as  scarcely  to  be  felt  by  the  people.  I  doubt  not  they  will 
cheerfully  contribute  in  this  way  to  aid  in  sustaining  good  and  competent  men 
in  important  official  positions.  I  recommend,  therefore,  that  immediate  action 
be  taken  in  this  matter. 

The  financial  condition  of  the  State  demands  the  early  and  prompt  attention 
of  this  general  assembly.  The  reports  of  the  comptroller  and  treasurer  are  to 
October  1,  1861.  From  that  time  to  the  restoration  of  the  capital  to  the  national 
authority,  February  following,  and  the  flight  of  the  State  authorities,  the  infor 
mation  left  us  is  imperfect  and  insufficient.  The  subsequent  operations  will  ap 
pear  from  the  current  report  of  the  comptroller,  whose  high  character  for  integ 
rity  and  truth  commend  him  to  your  confidence.  The  balance  in  the  treasury 
011  the  1st  of  October,  1861,  according  to  the  treasurer's  report,  was  $185,496  69  ; 
besides,  warrants  for  payment  remain  in  the  treasury  for  $t30,401  04.  War 
rants  for  payment  out  of  the  treasury  had  been  issued  but  not  presented  for 
$145,417  12.  How  far  the  figures  were  modified  by  the  operations  of  the 
next  four  months  and  a  half,  to  the  middle  of  February,  1862,  I  have  no  infor- 
ation.  Except  the  military  expenses,  it  is  presumed  that  the  balance  was  not 
changed,  judging  from  the  uniformity  apparent  in  the  fiscal  operations  of  the 
preceding  four  years.  Since  that  time  Middle  and  West  Tennessee  have  been 
generally  within  the  federal  lines,  and  East  Tennessee  since  September  1,  1863. 
Governor  Johnson  has  occupied  the  capitol,  and  exercised  gubernatorial  juris 
diction  over  those  portions  of  the  State  held  by  federal  authority.  Governor 
Harris,  who  adhered  to  the  rebel  cause,  is  very  generally  understood  to  have 
collected  revenue  in  the  counties  within  their  military  lines.  The  comptroller 
will  be  found  to  have  given  in  his  report  the  financial  history  of  Governor  John 
son's  administration.  This  report  is  respectfully  submitted  for  your  careful 
consideration,  and  the  recommendations  of  that  officer  are  approved  by  me. 
What  moneys  were  collected  by  Governor  Harris  and  his  subordinates  I  am 
unable  to  state,  nor  am  I  prepared  to  say  that  it  is  important  for  you  to  inquire. 
It  will  be  a  matter  for  your  consideration  whether  the  arrearage  of  taxes  for  the 
past  four  years  shall  be  collected  in  whole  or  in  part.  The  principal,  if  not  the 
current,  liabilities  during  that  period  are  the  interest  on  the  State  debt.  The 
usual  payments  to  common  schools  and  academies,  and  to  several  charitable  in 
stitutions  cf  the  State,  were  not  made.  The  consequences  of  the  failure  would 
not  be  atoned  for  by  reaching  them  now.  The  same  is  substantially  true  of 
various  other  items  of  ordinary  expenditures. 

The  State  debt,  as  reported  by  the  comptroller  in  October,  1861,  is  said  to 
be  86,896,606  66,  and  this  demands  your  attention.  This  includes  $3,000,000 
of  eight  per  cent,  bonds  for  the  "defence  of  the  State,"  which  has  recently  been 
discarded  by  the  people  at  the  ballot-box.  This  unauthorized  and  most  unjust 
indebtedness  repudiated,  leaves  the  indebtedness  of  the  State  properly 
$3,896,006  06,  at  an  annual  interest  of  $212,388  25.  The  interest  is  presumed 
2  T 


18  RECONSTRUCTION TENNESSEE. 

to  have  been  paid  on  the  1st  of  January,  1861.  It  is  not  known  how  much  has 
since  been  paid,  if  any.  The  bonds  will  show,  either  by  the  indorsements  or 
the  absence  of  the  coupons.  Besides  this  debt  the  State  has  bonds  for  internal 
improvement  purposes,  and  has  indorsed  the  bonds  of  railroad  companies  to  the 
amount  of  $16,211,000.  For  these  the  State  is  ultimately  liable  upon  the 
failure  of  the  companies.  These  bonds  it  is  believed  the  State  will  have  to 
provide  for  to  preserve  its  credit,  making  an  aggregate  indebtedness  of 
$20,005,606  66,  and  the  annual  interest  $1,185,048  25.  Of  this  debt  proper 
$66,666  66  matured  in  1861,  $61,250  in  1862,  $177,750  in  1863,  and  $58,500 
in  1864 — in  all,  $366,166  66,  at  once  to  be  provided  for.  The  comptroller 
states  that  the  bonds  maturing  in  1861  were  "taken  possession  of  and  held  by 
the  State,  subject  to  adjustment  at  the  end  of  the  war."  Besides  these  the 
State  held  bonds,  mostly  her  own,  as  follows:  the  Spencer  T.  Hunt  fund,  6; 
the  railroad  sinking  fund,  161 ;  deposited  by  the  free  banks,  341 ;  deposited 
by  foreign  insurance  companies,  80  ;  and  in  all,  588  bonds.  These  bonds,  held 
in  trust,  were  carried  away,  it  is  believed,  with  the  valuables  of  the  State 
treasury,  by  the  State  officers,  who  ingloriously  fled  on  the  approach  of  the* 
national  flag.  Double  payment  can  probably  be  avoided.  Evidence  must  be 
in  existence  by  which  they  can  be  identified.  The  notorious  condition  of  our 
State  affairs  has  been  sufficient  to  put  dealers  upon  their  guard.  So  that  if  any 
of  the  bonds  have  been  fraudulently  sold,  payment  to  the  present  holders  may 
be  justly  stopped.  Furthermore,  it  will  be  well  to  consider  how  far  it  is  your 
duty  as  agents  of  the  State,  not  only  not  to  pay  the  bonds  held  by  those  who 
have  been  actively  engaged  in  the  rebellion  to  overthrow  the  government, 
whether  held  by  them  or  parties  who  may  seek  to  conceal  them  for  the  benefit 
of  the  rebels,  as  they  will  likely  do,  I  advise  that  you  adopt  measures  to  prevent 
their  payment.  The  bonds  can  in  no  event  compensate  for  the  loss,  the  disloyal 
holders  have  occasioned  the  State.  The  justice  of  holding  them  responsible  in 
this  way  it  is  believed  cannot  be  successfully  controverted.  <. 

The  arrearage  of  interest,  amounting  to  nearly  twenty-five  per  cent,  of  tne 
principal,  is  more  than  the  people  can  easily  pay  at  sight,  with  the  other 
burdens,  public  and  private,  thrown  upon  them  by  the  war.  It  will  be  neces 
sary,  therefore,  to  anticipate  the  means,  so  as  at  the  same  time  to  preserve  the 
State  credit  by  satisfying  the  creditors  and  to  preserve  the  people  from  op 
pressive  taxation. 

The  recent  amendment  to  the  State  constitution  abolishing  slavery  will 
require  some  changes  in  the  revenue  laws.  The  item  of  slaves  will  no  longer 
appear  in  the  list  of  taxables.  The  census  of  I860  shows  there  were  in  the 
State  about  275,000.  The  assessors'  returns  show  that  130,425  were  reported 
for  taxation.  Their  average  value  had  steadily  increased  from  $413  72  in 
1846  to  $886  40.  It  is  a  significant  fact  that  the  next  year,  the  first  of 
the  war,  the  average  fell  to  $769  36,  taxes  being  at  the  low  rate  of  seven  cents 
upon  the  one  hundred  dollars,  to  which  our  State  taxation  was  reduced  in  1860, 
the  slaves  averaging  a  little  the  rise  of  sixty-two  cents  each,  amounting  to 
$80,000  in  the  aggregate.  The  slaves  held  no  property.  Being  emancipated, 
they  will  now  be  subjected  to  a  poll-tax.  Many  of  them  will  soon  acquire 
taxable  property  far  beyond  their  personal  value  as  slaves. 

As  soon  as  this  war  ceases  there  is  every  reason  to  expect  a  large  accession 
to  our  population.  Thousands  of  sensible  and  practical  men  have  been  here, 
connectecl  with  the  army,  and  have  looked  with  astonishment  and  delight  at 
our  productive  soil,  charming  climate,  and.  great  advantages  of  agriculture. 
They  have  seen  that  a  farm  hand  in  a  northern  State  is  ordinarily  worth  from 
thirty  to  fifty  dollars  a  month — that  is  to  say,  he  earns  that  much,  or  say  §600 
per  aniiuin.  In  our  State  a  good  farm  hand  can  make  five  bales  of  cotton  of 
five  hundred  pounds  each,  which- would  make  the  profits  of  his  labor  worth 
$2, 000  .per  annum,  against  $600  in  a  northern  State — a  better  and  more  certain 


RECONSTRUCTION TENNESSEE.  1 9 

business  than  going  to  California  or  any  of  the  gold  regions.  Therefore  it  ia 
the  value  of  land  with  us  will  be  proportionately  increased.  If  the  tax  of 
seven  cents  on  the  one  hundred  dollars,  to  which  our  burdens  had  been  reduced 
in  I860,  shall  be  increased  to  a  reasonable  extent,  it  is  believed  sufficient  revenue 
will  be  realized  in  the  next  three  years,  over  and  above  the  ordinary  expendi 
tures,  to  meet  the  arrears  of  interest  on  the  debt,  to  pay  the  sum  now  due,  and 
the  further  sum  of  $1,245,090,  falling  due  in  1868. 

It  is  further  suggested  that  the  list  of  taxable  property  might  be  increased 
without  being  oppressive.  By  the  returns  of  I860  it  appears  that  all  "other 
property"  subject  to  taxation,  besides  land,  amounted  in  value  to  but 
$24,362,151 — less  than  one-half  the  assessed  value  of  the  town  lots.  Before  the 
war  our  financial  resources  were  so  ample,  compared  with  the  limited  demands 
upon  them,  that  it  was  necessary  to  tax  but  a  few  of  the  principle  articles  of 
property.  Our  affairs  are  now  quite  changed,  and  every  interest  should  be 
made  to  bear  its  proper  burdens. 

The  common  school  system  will,  in  this  connexion,  demand  your  attention. 
The  fund  appropriated  for  this  purpose  has  been  squandered  by  the  bad  men 
and  dishonest  functionaries  who  tied  on  the  approach  of  the  old  tiag.  What 
shall  be  done  to  replace  this  great  loss  ?  At  no  period  in  the  history  of  the 
State  has  the  young  and  rising  generation  appealed  so  affectingly  for  legislative 
aid.  Practically  denied  all  scholastic  advantages  during  the  last  four  years, 
and  deprived  as  thousands  have  been  of  their  natural  protectors,  if  they  are 
not  soon  provided  for,  it  will  be  too  late  for  them.  Indeed,  not  a  few  have 
already  passed  beyond  the  age  to  attend  school,  hopelessly  illiterate. 

In  this  connexion  your  attention  is  called  to  an  act  of  Congress  providing 
for  the  establishment  of  an  agricultural  college.  Most  of  the  States  are  in 
advance  of  us  in  accepting  the  offer,  and  perhaps  we  might  profit  by  examining 
their  legislation  in  regard  to  this  subject. 

The  currency  and  the  banks  are  nearly  allied  to  finances,  and  are  in  such  a 
demoralized  condition  as  to  demand  prompt  action  and  most  positive  legislation. 
The  State  owes  it  to  herself  to  look  into  the  condition  of  the  three  old  bai.ks — 
the  Bank  of  Tennessee,  the  Union  and  the  Planters'  banks  —  each  having  its 
parent  bank  in  Nashville,  with  affiliated  branches  extending  over  the  State;  also 
several  stock  banks  and  the  free  banks.  "With,  perhaps,  one  or  two  exceptions,  it 
is  believed  they  are  all  hopelessly  insolvent.  All  have,  beyond  doubt,  violated 
their  charters,  and  may  properly  be  closed  up.  Nay,  where  they  have  value 
received  for  their  notes  and  are  worth  it  they  should  be  made  to  redeem  their 
issues.  The  policy  formed  by  these  banks,  even  before  the  war,  was  to  keep 
their  paper  at  lower  quotations  than  that  of  any  of  the  surrounding  States. 
Even  at  home  it  was  at  a  discount,  and  in  some  of  the  neighboring  States  it  was 
uncurrent.  This  imposed  upon  our  commerce  the  payment  of  large  sums  of 
premiums  upon  all  remittances  beyond  the  State,  which  in  the  end  came  off  the 
people.  Such  a  currency  could  only  result  from  unsound  financial  principles; 
for  the  balance  of  trade  with  most  of  the  surrounding  States  was  decidedly  in 
our  favor.  It  is  therefore  recommended  that  all  existing  banks  be  wound  up  at 
once,  and  that  no  more  State  banks  be  chartered.  The  several  hundred  thou 
sand  in  real  estate  owned  by  the  State  bank  should  be  cashed  without  delay. 
The  stock  was  owned  by  the  State,  and  it  held  large  deposits  of  currency  and 
securities.  As  the  Union  army  advanced  to  the  possession  and  occupation 
of  the  towns  where  the  branches  were  located  the  officeis  fled  with  the  assets 
beyond  the  limits  of  the  State,  and  they  are  now  doubtless  irretrievably  gone. 
In  the  outset  of  the  rebellion  this  bank  was  used  by  the  guilty  conspirators,  and 
large  issues  were  made  to  further  their  schemes  of  treason.  It  has  beeu  deter 
mined  by  the  people  that  these  issues  shall  not  be  paid. 

There  are  many  notes  outstanding  of  the  bank  issued  after  the  date  specified 
in  your  amended  constitution,  and  intended  alone  for  the  benefit  of  the 


20  RECONSTRUCTION — TENNESSEE. 

rebellion.  Shall  they  be  redeemed  by  a  tax  imposed  upon  the  people?  I 
know  of  no  legal  or  moral  obligation  to  redeem  those  notes,  even  if  they  occupied 
such  an  attitude  that  such  an  obligation  could  be  enforced.  It  is  known  that 
when  bank  notes  become  uncurrent  they  are  sold  by  the  small  holders,  who  are 
not  in  a  condition  to  hold  such  paper,  and  bought  up  by  speculators,  generally 
at  their  own  figures.  In  this  way  they  accumulate  in  the  hands  of  a  few,  often 
at  prices  almost  nominal.  The  notes  of  the  Bank  of  Tennessee,  it  is  believed, 
are  held  in  this  way  and  by  this  class  of  dealers.  Having  lost  the  princ:pal  of 
this  banking  capital,  and  having  sold  these  issues  in  small  quantities  at  a  heavy 
discount,  shall  our  people  be  taxed  to  make  these  issues  good  in  the  hands  of 
speculators?  I  confess  I  can  see  no  equity  in  it.  Doubtless  instances  will 
occur  of  individual  hardship,  and  others  will  be  pressed  upon  your  attention, 
not  so  much  by  the  parties  themselves  as  by  others  interested  in  the  adoption  of 
a  general  policy  based  upon  these  existing  cases.  There  remain  to  the  bank 
large  assets,  micollected  debts,  and  the  present  liabilities  of  the  faithless 
officers.  Suits  are  understood  to  be  pending  against  many  of  these  officers  of 
branches.  The  others  should  be  held  to  their  responsibilities.  I  content 
myself  with  these  general  suggestions,  trusting  in  your  wisdom,  if  you  deem 
them  practicable,  to  arrange  the  details. 

The  national  banking  system  is  believed  on  many  accounts  to  be  preferable. 
This  would  give  us  a  circulation  current  all  over  the  country,  and  subject  our 
banking  to  more  correct  principles  of  finance.  Other  States  are  adopting  the 
national  banking  sytem,  and  I  recommend  the  same  to  the  legislature  of  Ten 
nessee.  Such  an  institution  could  be  used  profitably  as  the  fiscal  agent  of  the 
State,  and  if  you  can  secure  the  means,  one  in  each  of  the  other  grand  divisions 
of  the  "State  would  work  to  advantage. 

The  qualification  of  voters,  and  other  limitations  of  the  elective  franchise, 
have  been  intrusted  to  you  by  the  people.  This  delicate  responsibility  will  de 
volve  upon  you  a  heavy  task,  and  merits  your  whole  attention.  That  there 
should  be  some  additional  limitations  prescribed  few  will  deny.  Many  persons 
in  the  State,  by  every  act  of  which  they  were  capable  have  disfranchised  them 
selves.  Probably  they  neither  expected  or  desired  the  privilege  of  again  voting, 
and  would  not  exercise  it  if  granted  them.  Many  others  have  committed  acts 
deserving  disfranchisement,  who  nevertheless  will  resist  it,  and  strive  for  every 
civil  right  they  enjoyed  before  the  war,  and  before  their  treason  had  involved 
the  State  in  so  much  suffering.  While  I  would  not  recommend  you  to  give 
•way  to  the  impulse  of  vengeance  any  more  than  to  the  appeals  of  sympathy 
and  pity,  I  would  urge  you  to  guard  the  ballot-box  faithfully  and  effectually 
against  the  approach  of  treason,  no  matter  in  what  character  it  may  come.  The 
loyal  people  of  the  State  who  sent  you  here  expect  you  to  act  decisively  in  the 
matter,  and  have  no  child's  play  in  determining  the  qualification  ot  voters. 
The  subject  has  been  considered  by  several  of  our  sister  States,  whose  reform 
was  not  any  more  loudly  called  for  than  with  us.  It  is  quite  probable  that  this 
action  and  its  effects  may  assist  you  in  deciding  what  to  accept  and  what  to 
avoid. 

As  you  are  aware,  upon  the  approach  of  the  national  forces  and  their  occu 
pation  of  our  country,  the  government  took  possession  of  our  railroads,  in  most 
of  which  the  State  is  a  large  stockholder.  The  State  is  deeply  interested  in 
her  internal  improvements,  as  she  has  indorsed  bonds  at  the  rate  of  ten  thou 
sand  dollars  per  mile,  for  nearly  all  the  railroads  in  Tennessee.  And  as  most 
of  these  bonds  are  held  by  guardians  for  the  benefit,  in  many  instances,  of 
minors  and  widows,  I  think  it  nothing  more  than  simple  justice  to  pay  them 
the  interest  already  due  them. 

The  Nashville  and  Chattanooga  railroad  was  taken  possession  of  by  the 
federal  authorities  on  the  7th  of  March,  1862,  and  has  been  held  and  used  ever 
since,  and,  regarded  as  a  military  necessity,  it  was  proper  and  right.  Presum- 


RECONSTRUCTION — TENNESSEE.  21 

ing  the  government  to  have  kept  the  account  strictly,  she  is  now  about  ready  to 
make  a  settlement.  My  information  is  that  certain  officers  of  the  company 
visited  Washington  on  two  different  occasions  for  the  purpose  of  obtaining  a 
pettlement  with  the  quartermaster  general.  They  failed  in  their  efforts,  though 
the  President  of  the  United  States,  who  was  present  on  both  occasions,  ex 
pressed  his  views  verbally  as  favoring  the  payment  of  the  company  for  the  use 
of  the  road.  You  should  now  call  upon  the  proper  authorities  at  Washington 
for  payment  to  this  and  other  companies,  requiring  the  mon  >y  received  to  be 
applied  to  the  payment  of  interest  on  their  bonds.  The  amount  indorsed  by 
the  State  for  the  Nashville  and  Chattanooga  Railroad  Company  is  $1,535,000, 
and  the  interest  accrued  thereon  is  now  nearly  $300,000.  It  is  believed  that- 
upon  a  just  settlement  the  government  will  owe  the  company  largely  over  that 
amount.  This  road  cost  the  company  $3,846,900,  including  its  equipments  and 
depots. 

The  other  roads  in  the  State  are  similarly  situated  and  demand  your  atten 
tion.  Those  officers  of  roads  and  stockholders  who  fled  south,  carrying  with 
them  the  rolling  stock  and  funds,  should  be  held  to  a  strict  accountability,  and 
their  property  and  stock  should  be  made  in  part  to  atone  for  these  losses  to  the 
State  and  country.  The  case  of  the  East  Tennessee  and  Georgia  railroad  and 
its  faithless  president  requires  our  special  attention. 

It  is  believed  the  time  has  now  come  for  the  companies  again  to  use  their 
roads — for  the  government,  if  need  be,  under  even  a  military  superintendent — 
thereby  effecting  a  vast  saving  to  the  government,  asking  only  the  same  pay 
for  freights  and  passengers  they  are  now  paying  to  the  Louisville  and  Nashville 
Railroad  Company.  As  this  war  is  for  the  benefit  of  the  whole  nation,  it  is  not 
believed  that  the  general  government  intends  that  Tennessee  shall  pay  more 
than  her  just  proportion  of  the  war  debt. 

Your  attention  is  called  to  the  fact  that  the  Louisville  and  Nashville  Railroad 
Company  is  running  a  portion  of  that  road  in  this  State,  say  about  sixty  miles, 
with  another  branch  from  Bowling  Green  to  Clarksville,  and  for  all  that  portion 
of  road  in  our  State  the  government  pays  the  Kentucky  company  as  if  the  road 
were  in  any  other  loyal  State.  The  information  I  have  is  to  the  effect  that  the 
Kentucky  company  treats  with  indifference  the  claims  of  Tennessee  upon  that 
road.  It  is  your  duty  to  let  that  company  know,  in  decided  but  respectful 
terms,  what  your  rights  are,  and  that  you  dare  assert  and  maintain  them. 

The  duty  devolves  upon  you  at  this  session  of  electing  two  senators  to  the 
Congress  of  the  United  States,  and  of  re-districting  the  Stale,  so  as,  without 
delay,  to  provide  for  the  election  of  eight  representatives  to  the  next  Congress.  It 
is  with  profound  regret  that  I  have  observed  several  republican  journals,  and 
some  leading  politicians  of  ability  and  influence  are  opposed  to  the  admission  of 
senators  and  representatives  from  Tennessee.  They  take  the  ground  that  the 
State  should  be  treated  as  a  Territory  and  continued  under  military  govern 
ment,  subject  to  the  arbitrary  orders  of  military  rule.  If  their  dangerous  and 
revolutionary  doctrine  is  adhered  to  by  any  considerable  portion  of  senators 
and  representatives  in  Congress  I  shall,  for  one,  dread  the  consequences.  My 
confidence  in  the  wisdom  and  patriotism  of  senators  and  representatives  leads 
me  to  believe  they  will  discard,  indignantly,  any  such  proposition.  The  loyal 
people  of  Tennessee  have  resolved  through  the  ballott-box  to  rule  themselves 
under  the  federal  flag ;  taking  the  ground  that  the  State  has  never  been  out  of 
the  Union,  and  boldly  denying  that  the  unconstitutional  and  treasonable  acts  of 
those  in  rebellion  ever  carried  them  out  of  the  Union.  Besides,  the  inaugura 
tion  of  the  Vice-President  from  this  State,  and  the  withdrawal  of  a  military 
governor  to  give  place  to  civil  authority,  fix  the  status  of  Tennessee  in  the 
estimation  of  the  federal  authorities  proper.  And  to  your  good  sense  and  un 
yielding  firmness  I  submit  this  grave  question,  not  doubting  that  your  action 
will  be  correct. 


22  RECONSTRUCTION—  TENNESSEE. 

Your  attention  is  called  to  the  condition  of  affairs  in  the  State  prison,  full 
and  specific  details  of  which  are  given  in  the  report  of  the  officer  who  is  in 
charge  of  that  institution.  I  have  every  confidence  that  the  legislature  will 
look  into  the  wants  of  the  institution,  and  do  for  it  what,  in  the  judgment  of 
members,  may  seem  proper.  Meanwhile,  I  suggest  the  establishment  of  branches 
of  the  penitentiary  in  the  western  district  and  in  East  Tennessee.  The  cost  of 
building  on  a  moderate  scale  would  be  saved  to  the  State  in  fifteen  or  twenty 
years  in  the  single  item  of  a  cash  market,  in  each  end  of  the  State,  for  pro 
visions  to  sustain,  and  raw  material  to  keep  the  convicts  employed  in  manufac 
turing — such  as  lumber,  marble,  iron,  coal,  leather,  &c.  The  erection  of  build 
ings  would  furnish  employment  and  cash  wages  to  a  number  of  mechanics  ; 
and,  as  there  are  several  salaried  officers  attached  to  such  an  institution,  it 
would  distribute  the  patronage  of  the  State  in  her  three  natural  divisions.  If 
this  be  not  done,  an  enlargement  of  the  State  prison  will  be  required .  The 
demoralized  condition  of  both  our  white  and  colored  population  will  cause 
scores  to  be  sent  to  the  penitentiary  as  our  courts  go  into  operation. 

The  Tennessee  hospital  for  the  insane,  one  of  the  charitable  institutions  of 
the  State,  located  in  this  vicinity,  deserves  your  attention  and  your  aid.  The 
prosperity  and  success  of  that  noble  State  charity  were  all  that  its  friends  and 
the  friends  of  humanity  could  desire  at  the  breaking  out  of  this  wicked  rebel 
lion  ;  but  the  institution  has  struggled  hard  to  keep  above  the  waves  of  oblivion 
for  four  years  past.  It  kept  its  deposits  in  the  Bank  of  Tennessee,  and  my 
information  is,  that  when  the  faithless  officers  of  the  bank  fled,  on  the  approach 
of  the  national  flag,  they  carried  with  them  some  $30,000  belonging  to  the  in 
stitution.  For  the  details  in  regard  to  its  past  operations  and  present  necessi 
ties  I  refer  you  to  the  report  of  the  superintendent  and  chief  surgeon,  a  faithful 
and  intelligent  citizen. 

The  Tennessee  blind  school,  a  State  institution  in  this  city,  has  been  utterly 
destroyed  by  the  federal  forces,  and  the  unfortunate  pupils,  some  forty  in  num 
ber,  are  distributed  among  their  friends  and  the  friends  of  humanity.  It  was 
not  a  military  necessity  that  called  for  the  destruction  of  the  institution,  but  it 
was  the  work  of.  recklessness ;  and  if  this  general  assembly  will  present  the 
subject  to  the  government  at  Washington  in  this  light,  it  is  believed  that  proper 
steps  will  be  taken  to  restore  this  noble  charity.  The  hopes  of  those  pupils  at 
best  are  blasted  and  their  cup  of  bitterness  is  full  when  we  have  done  all  that 
lies  in  our  power.  We  look  out  upon  the  world  and  we  know  it  by  its  visible 
beauty ;  we  know  our  wives  by  their  affectionate  looks,  our  children  by  their 
smiles  and  features,  our  neighbors  by  their  faces  and  manner  of  address;  but 
these,  and  all  other  earthly  things,  are  to  these  blind  people  shrouded  in  dark 
ness,  and  friends,  children,  and  the  world  are  lost  to  them  forever. 

The  Tennessee  deaf  and  dum  school,  located  at  Knoxville,  merits  your  at 
tention,  as  it  is  one  of  the  charitable  institutions  of  the  State.  The  exciting 
events  which  are  daily  transpiring  in  the  country  should  not  induce  us  to  lose 
sight  of  those  whose  misfortunes  so  strongly  appeal  to  us  for  aid  and  comfort. 
The  buildings  and  grounds,  erected  and  purchased  at  a  heavy  expense  by  the 
State,  are  now  used  for  hospital  purposes  by  our  army.  Of  the  fourteen  trus 
tees,  nine  of  them  went  into  the  rebellion,  and  most  of  them  fled  south.  An 
equal  proportion  of  the  oflicers  and  teachers  of  the  school  proved  to  be  rebels. 
An  early  organization  of  the  institution  upon  a  loyal  basis  is  called  for,  and  it 
is  hoped  will  attract  your  attention. 

The  East  Tennessee  university,  located  at  Knoxville,  is  a  time-honored  insti 
tution,  and  was  chartered  and  endowed  by  the  State  in  1807.  It  has  been  al 
most  destroyed  by  the  federal  army.  The  library,  furniture,  and  fixtures  are 
hopelessly  destroyed.  The  main  buildings  are  standing,  and  it  is  but  just  to 
the  educational  interests  of  the  most  loyal  portion  of  the  State  that  the  gov 
ernment  should  place  that  institution  on  as  good  a  footing  as  it  found  it.  A 


RECONSTRUCTION TENNESSEE.  23 

majority  of  the  board  of  trustees  turned  out  to  be  rebels,  and  their  places  should 
be  filled  with  loyal  men. 

There  are  doubtless  other  institutions  in  the  State  which  deserve  the  atten 
tion  of  this  general  assembly,  but  I  am  not  informed  as  to  their  situations.  The 
members  representing  all  the  counties  will  be  able  to  look  after  their  interests, 
and  should  feel  that  the  duty  devolves  upon  them. 

Having  thus  fully  placed  before  you  the  information  requisite  to  enable  you 
to  judge  of  the  condition  of  the  State,  the  evils  which  environ  us,  and  the 
measures  of  legislation  needed  for  averting  them  and  ridding  ourselves  of  them, 
it  remains  for  me  but  to  invoke  your  attention  to  the  consideration  of  those  means 
by  which,  above  all  others,  we  may  hope  to  restore  order  and  prosperity  to  our 
country.  And  if  one  be  more  prominent  than  another,  it  is  the  necessity  for 
earnest  and  cordial  co-operation  between  the  State  and  federal  government.  To 
you  especially,  as  senators  and  representatives,  do  the  loyal  people  of  Tennessee 
look  for  encouragement  and  counsel.  And  to  your  action  in  the  halls  of  legis 
lation  will  all  eyes  be  turned — not  only  in  Tennessee,  but  in  other  States — for 
examples  of  what  is  befitting  loyal  men.  I  feel  full  confidence  that  you  will 
prove  yourselves  equal  to  the  emergency,  and  meet  expectations  both  at  home 
and  abroad.  I  feel  assured  that,  being  united  in  a  common  and  holy  cause,  you 
will  rise  above  all  selfish  considerations,  and,  bowing  submissively  to  the  Divine 
will,  you  will  unite  with  all  good  men  in  reverently  invoking  the  blessings  of 
our  Heavenly  Father  upon  all  we  say  and  do  while  in  the  service  of  the  State. 

It  is,  perhaps,  proper  for  me  to  state  that  since  writing  this  message  important 
facts  have  come  to  my  knowledge,  and  upon  unquestionable  authority,  relating 
to  the  use  of  a  portion  of  the  funds  of  the  Bank  of  Tennessee,  that  may  require 
me  to  send  you,  at  no  distant  day,  a  special  message.  The  interests  of  the 
State,  and  the  just  rights  of  the  people,  should  be  sacredly  and  vigilantly 
guarded,  no  matter  who  suffers  ruin  and  disgrace. 

WILLIAM  G.  BROWNLOW. 


Pullic  acts  of  the  general  assembly  of  the  State  of  Tennessee,  passed  at  the  first  session  of  the 
thirty-fourth  general  assembly,  which  was  begun  and  held  at  Nashville  on  Monday,  the  third 
day  of  April,  in  the  year  one  thousand  eight  hundred  and  sixty-Jive. 

CHAPTER  I. 

AN  ACT  to  regulate  the  county  court  of  Shelby  county. 

SECTION  1.  Be  it  tnacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  in  the  county 
of  Shelby,  in  case  of  vacancy,  removal,  or  when  the  county  judge  shall,  from  any  cause 
whatever,  fail  to  hold  his  court,  and  a  majority  of  the  magistrates  shall  fail  to  appear  and 
elect  a  chairman,  as  is  now  provided  by  law,  the  clerk  of  said  court  shall  give  notice,  in 
writing,  to  any  judge  or  chancellor  of  said  county,  who  shall  have  full  power  to  hold  said 
county  court  and  discharge  all  the  duties  as  the  judge  or  chairman  could  do  by  law. 
SEC.  2.  This  act  to  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  h'cprestntatites. 
SAMUEL  R.  RODGERS. 

Speaker  of  the  Senate. 
Passed  April  28,  ]865. 

CHAPTER  II. 

AN  ACT  to  increase  the  compensation  of  judges. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  section 
4538  of  the  code  of  this  State  be  so  amended  that  each  of  the  judges  of  the  supreme  court  of 
this  State,  hereafter  appointed  or  elected,  shall  be  entitled  to  a  salary  of  three  thousand 
dollars  per  annum,  payable  quarterly  out  of  the  State  treasury. 


24  RECONSTRUCTION TENNESSEE. 

SEC.  2.  Be  it  further  enacted,  That  section  4539  of  the  code  of  this  State  be  so  amended 
that  each  chancellor,  circuit,  and   criminal  judge  of  this  State,  except  county  judges  and 
judges  of  special  courts,  hereafter  appointed  or  elected,  shall  be  entitled  to  a  salary  of  two 
thousand  dollars  per  annum. 
SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HKISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  11.  KODGERS, 

Speaker  of  the  Senate."}] 
Passed  May  8,  1865. 

CHAPTER  III. 

AN  ACT  to  increase  the  pay  of  public  printer. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  public 
printer  be  paid  an  advance  of  fifty  per  cent,  on  the  prices  now  allowed  by  law. 
SEC.  2.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R,  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  10,  1865. 

CHAPTER  IV. 

AN  ACT  to  punish  all  armed  prowlers,  guerillas,  brigands,  and  highway  robbers,  and  for 

other  purposes. 


SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  every  man 
or  sqiicid  of  men,  who  may  hereafter  make  inroads  for  plunder  upon  the  peaceable  inhabitants 
of  this  State,  and  by  force  deprive  them  of  their  property,  or  endeavor  so  to  deprive  them, 
by  the  alarm  caused  by  their  being  armed,  when  in  fact  he  or  they  were  not  at  the  time  part 
of  any  organized  army  and  sharing  continuously  in  its  duties,  but  who  sometimes  return  to 
their  homes,  with  the  assumption  of  the  semblance  of  peaceful  pursuits,  divesting  him  or 
themselves  of  the  appearance  and  character  of  soldiers,  are  hereby  declared  guerillas  and 
highway  robbers  and  brigands,  and  upon  his  or  their  conviction  shall  suffer  death  by  hanging. 

SEC.  2.  Be  itfurlher  enacted,  That  scouts  or  single  soldiers,  if  disguised  in  the  dress  of  the 
coTintry,  or  clothed  in  the  uniform  of  either  army,  who  shall  wilfully,  maliciously  and  forcibly 
take  from  the  possession  or  person  of  the  peaceful  citizens  of  the  State  their  property  by 
threats  of  violence,  or  the  actual  use  of  force  and  violence  and  under  the  terror  of  arms,  shall, 
upon  conviction,  suffer  death  by  hanging. 

SEC/3.  Be  it  further  enacted,  That  all  armed  prowlers,  by  whatever  name  they  may  be 
called,  who  shall  willfully,  maliciously  and  forcibly  make  an  attack  upon  any  one  of  the 
peaceable  citizens  of  this  State  for  the  purpose  of  robbing  him  or  her,  or  of  stealing  his  or  her 
property,  or  ot  killing  him  or  her,  shall,  on  conviction,  suffer  death  by  hanging. 

SEC.  4.  Be  it  further  enacted,  That .  all  persons  who  shall  knowingly,  willingly,  and 
voluntarily  feed  any  such  person  or  persons  as  described  in  the  previous  sections  of  this  act, 
or  furnish  them  information  for  the  purpose  of  aiding  and  assisting  them  in  their  unlawful  and 
illegal  objects,  shall  be  deemed  guilty  of  a  felony,  and,  on  conviction  thereof,  shall  be  im 
prisoned  in  the  penitentiary  for  a  period  of  not  less  than  five  years  nor  more  than  twenty-one 
years. 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL. 

Speaker  of  the  House  of  Rrpresc ntat ires. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  17,  1865. 


CHAPTER  V. 

AN  ACT  to  amend  the  criminal  laws  of  the  State  of  Tennessee. 

SECTION  1.  Be  it  enaoted  by  the  general  assembly  of  the  State  of  Tennessee,  That  whoever 
shall  feloniously  take  or  steal  any  horse,  mule,  or  ass,  shall,  on  conviction  thereof,  suffer 
death  by  hanging:  Provided,  The  jury  before  whom  the  offence  is  tried  shall,  if  they  think 
proper,  commute  the  punishment  to  imprisonment  in  the  penitentiary  for  the  period  of  not  less 
than  ten  nor  more  than  twenty -one  years. 


RECONSTRUCTION TENNESSEE.  25 

SEC.  2.  Be  it  further  enacted,  That  whoever  shall  feloniously  break  open  the  house  of 
another  for  the  purpose  of  committing'  a  larceny  or  robbery  therein,  shall,  on  conviction  thereof, 
suffer  death  by  hanging:  Provided,  The  jury  before  whom  the  offender  is  tried  and  convicted 
may,  if  they  think  proper,  commute  the  punishment  for  the  offence  to  imprisonment  in  the 
penitentiary  for  the  period  of  not  less  than  ten  nor  more  than  twenty-one  ye"ars. 

SEC.  3.  Be  it  further  enacted,  That  whoever  shall  feloniously  rob  another,  or  steal  from  his 
person,  shall,  on  conviction  thereof,  suffer  death  by  hanging:  Provided,  The  jury  before 
whom  the  offender  is  tried  and  convicted  may,  if  they  think  proper,  commute  the  punishment 
to  imprisonment  in  the  penitentiary  for  a  period  of  not  less  than  ten  nor  more  than  twenty -one 
years. 

SEC.  4.  Be  if  further  enacted,  That  any  person  duly  convicted  of  house  or  bridge  burning, 
shall  suffer  death  by  hanging:  Provided,  The  jury,  if  they  think  proper,  may  commute  the 
punishment  to  imprisonment  in  the  penitentiary  for  a  period  of  not  less  than  ten  nor  more 
than  twenty-one  years :  And  provided,  further,  That  nothing  in  this  act  shall  be  so  construed 
as  repealing  the  laws  now  in  force  for  the  punishing  of  the  offences  mentioned  in  this  act ;  but 
all  persons  who  have  heretofore  committed  any  of  the  offences  mentioned  in  this  act  shall  be 
tried  under  the  existing  laws,  and,  if  convicted,  shall  be  punished  as  now  prescribed  by  law. 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  17,  1865. 


CHAPTER  VI. 
AN  ACT  to  repeal  the  3d  article  of  the  5th  chapter,  title  5,  of  the  Code  of  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  3d 
article  of  the  5th  chapter,  title  5,  2d  part  of  the  Code  of  Tennessee,  be  and  is  hereby  repealed. 
SEC.  2.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  18,  1865. 


CHAPTER  VII. 

AN  ACT  to  establish  the  eighth  chancery  district  of  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  an  eighth 
chancery  district  be,  and  is  hereby,  established  in  the  State  of  Tennessee,  to  be  composed  of 
the  counties  of  3evier,  Blount,  Monroe,  Roane,  Knox,  Anderson,  and  McMinn. 

SEC.  2.  Be  it  further  enacted,  That  the  chancellor  elected,  pursuant  to  the  provisions  of  this 
act,  shall  hold  the  courts  in  the  several  counties  composing  said  district  at  the  times  and 
places  in  said  counties  now  designated  by  law,  and  said  chancellor  shall  have  all  the  powers 
and  emoluments  given  to  other  chancelloi's  of  this  State ;  and  until  a  chancellor  shall  be 
appointed  or  elected  for  said  district,  it  shall  be  the  duty  of  the  present  chancellor  to  hold 
the  courts  in  said  counties  as  heretofore. 

SEC.  3.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  22,  1865. 


CHAPTER  VIII. 

AN  ACT  to  amend  the  revenue  laws  of  the  State. 

SECTION  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  section 
553  of  the  Code  of  Tennessee  be,  and  the  same  is  hereby,  amended,  so  that  the  following 
rate  of  taxation  shall  be  levied  and  collected,  as  now  provided  for  by  law  :  on  every  taxable 
poll,  one  dollar;  on  every  hundred  dollar's  worth  of  taxable  property,  twenty-five  cents  ;  on 
sales  of  land,  one  cent  per  acre;  on  sales  of  town  lots,  or  parts  of  town  lots,  tor  each  lot, 
or  part,  five  dollars ;  on  sales  of  merchandise  by  merchants,  two  cents  on  the  dollar  on  it* 


26  RECONSTRUCTION TENNESSEE. 

invoice  cost^at  the  place  where  purchased,  unless  the  tax  on  the  same  has  once  hefore  been 
paid  to  the  State,  in  which  event  no  additional  tax  will  be  paid;  on  sales  of  merchandise  by 
a  peddler,  for  each  county  in  which  he  travels,  if  on  foot,  twenty  dollars;  if  on  horseback, 
fifty  dollars;  if  in  a  vehicle,  fifty  dollars;  and  for  each  vehicle,  if  he  uses  more  than  one, 
fifty  dollars ;  on  the  regular  business  of  selling  at  auction  any  article,  the  selling  of  which 
is  not  taxable,  fifty  dollars;  in  all  other  cases  the  same  rate  which  is  imposed  on  sales  of 
merchandise  on  commission,  on  the  regular  business  of  selling  goods,  wares,  and  merchan 
dise  on  commission,  on  the  gross  amount  of  sales,  public  and  private,  when  the  amount 
does  not  exceed  ten  thousand  dollars,  thirty -five  dollars;  between  ten  and  twenty  thousand 
dollars,  sixty  dollars;  between  twenty  and  thirty  thousand  dollars,  eighty  five,  dollars;  be 
tween  thirty  and  forty  thousand  dollars,  one  hundred  and  ten  dollars;  and  in  like  ratio:  on 
the  regular  or  general  business  of  brokers,  one  thousand  dollars ;  on  granting  policies  of 
insurance,  by  other  than  companies  chartered  by  the  State,  twelve  hundred  and  fifty  dollars ; 
on  the  business  of  banking,  by  companies  operating  under  the  law  to  authorize  and  regulate 
the  business  of  banking,  thirty-five  cents  on  each  hundred  dollars  of  the  capital  of  each 
bank  ;  on  the  business  of  banking  by  banks,  or  associations  of  persons  of  other  States  of 
the  Union,  three-fourths  of  one  per  cent,  on  the  capital  stated  in  the  affidavit  filed  for  the 
license  as  intended  to  be  used  in  the  succeeding  twelve  months;  on  discounting  securities  for 
money,  shaving  notes,  two  cents  on  every  dollar  employed,  but  in  no  case  less  than  ten  dollars  ; 
on  theatrical  exhibitions,  if  the  theatre  or  place  of 'exhibition  be  in  a  city,  five  hundred 
dollars;  if  in  other  places,  fifty  dollars;  on  exhibiting  for  profit  a  circus,  or  circus  and 
animal  show,  feats  of  activity  or  strength,  if  in  a  city,  one  hundred  dollars  for  each  day  and 
night  exhibition  ;  if  in  any  other  .places  than  aforesaid,  fifty  dollars ,  on  keeping  a  confer 
tiouery,  ice-cream  saloon,  and  other  places  of  refreshment,  seven  and  a  half  per  cent,  on  the 
capital  employed,  and  the  keeper  shall  take  out  a  license  as  merchants  by  law  are  now 
required,  and  shall,  in  addition  to  said  per  centum,  pay  ten  dollars  for  each  privilege ;  on 
each  petition  filed  in  any  court  of  record  for  the  division  and  distribution  of  estates,  five 
dollars ;  on  each  appeal,  writ  of  error,  or  certiorari  from  the  circuit  or  chancery  court  to  the 
supreme  court,  five  dollars  ;  on  each  appeal  or  certiorari,  from  before  a  justice  of  the  peace, 
three  dollars  and  fifty  cents ;  on  each  presentment  or  indictment,  three  dollars  and  fifty  cents ; 
on  each  original  suit  in  any  of  the  courts  of  law  or  equity  in  this  State,  five  dollars. 

SEC.  '2.  Be  it  further  enacted,  That  the  owners  of  steam,  saw,  and  grist  mills,  erected  upon 
the  lands  of  another,  shall  pay  an  annual  tax  to  the  State  of  one  hundred  dollars  ;  that  all 
persons  who  set  themselves  up  as  lawyers,  and  propose  to  practice  law  in  any  of  the  courts 
of  the  State,  or  held  within  the  State,  or  before  any  military  commission,  shall  pay  an  an 
nual  tax  to  the  State  of  twenty-five  dollars;  that  all  persons  who  propose  so  to  practice 
shall  take  out  a  license  from  the  county  court  clerk  of  some  county,  certifying  that  the  tax 
has  been  paid.  Any  person  proposing  to,  and  practicing  as  aforesaid,  failing,  or  refusing  to 
take  out  said  license,  shall  pay  a  double  tax,  to  be  recovered  before  any  circuit  court  of  the 
State  where  motion  is  made  by  the  attorney  general  of  any  district,  upon  ten  days'  notice 
to  said  delinquent,  either  by  publication  in  some  newspaper  in  the  State,  or  in  writing. 

SEC.  3.  Be  it  further  enacted,  That  all  persons  who  set  themselves  up  as  doctors  of  medi 
cine  or  surgeons  (the  term  doctor,  to  include  all  persons  who,  for  pay,  propose  to  cure  dis 
eases,  public  or  private,  and  the  term  surgeon  shall  be  taken  in  the  general  application  of 
the  term,  and  shall  include  dentists,)  shall  pay  an  annual  tax  to  the  State  of  twenty -five 
dollars ;  license  to  be  obtained,  payment  made,  and  recovery  had,  as  provided  for  in  the 
second  section  of  this  act,  governing  lawyers. 

SEC.  4.  Be  it  further  enacted,  That  all  persons  known  as  photographers,  and  dealing  in 
photographic  and  ambrotype  apparatus  aud  material,  shall  take  out  a  license,  and  pay  the 
same  tax  to  the  State  as  merchants  now  pay  ;  and  all  persons  Avho  are  or  may  hereafter  set 
themselves  up  as  artists,  for  the  purpose  of  taking  photographs,  ambrotypes,  or  daguerrean 
likenesses,  if  in  a  city,  for  each  gallery  opened,  one  hundred  dollars ;  at  any  other  place, 
excepting  in  the  country,  twenty-five  dollars  ;.if  in  the  country,  five  dollars  ;  (the  term  gal 
lery  to  mean  any  place  where  the  artist  takes  pictures;)  said  tax  to  be  paid  to  the  clerk  of 
the  county  where  the  gallery  is  opened.  Any  person  opening  a  gallery  as  aforesaid,  without 
paying  the  tax,  shall  be  guilty  of  a  misdemeanor,  and,  on  conviction,  shall  be  fined  not  less 
than  one  hundred  nor  more  than  five  hundred  dollars. 

SEC.  5.  Be  it  further  enacted,  That  sub-section  two  of  section  691  of  the  code  cf  the  State 
be,  and  is  hereby,  amended,  by  striking  out  the  words  "twenty-five  dollars"  and  inserting 
the  words  "fifty  dollars,"  and  by  striking  out  the  word  "ten"  and  inserting  the  word 
"  twenty." 

SEC.  6.  Be  it  further  enacted,  That  the  foregoing  tax  shall  be  assessed  and  collected  as  is 
now  provided  by  law ;  that  any  county  which  refuses  or  fails  to  make  the  assessment  and 
appoint  a  tax  collector  to  collect  the  taxes  due  the  State  within  the  year  1805,  unless  the 
governor  of  the  State  shall  be  satisfied  that  the  people  of  the  county  made  honest  efforts  so 
to  do,  and  it  was  impossible  for  them  to  comply  with  this  act,  shall  pay  a  double  tax ;  and 
the  governor  shall  send  an  assessor  of  his  own  appointing  to  said  county,  with  a  sufficient 
posse  to  levy  and  collect  said  double  tax ;  that  the  collector  so  appointed  shall  seize  a  sufii- 
ciency  of  the  delinquent's  personal  property  to  satisfy  the  taxes  and  charges,  and  sell  the 
same' in  any  county  of  the  State  where  he  can  get  bidders,  after  giving  the  notice  now  re- 


RECONSTRUCTION — TENNESSEE.  27 

quired  by  la\v.  If  the  delinquent  have  no  personal  property  of  which  to  make  the  taxes, 
thru  the  collector  shall  levy  on  sufficient  real  estate  to  pa}'  the  same,  and  shall  return  the  facts 
to  the  nearest  county  having  resumed  civil  functions ;  and  upon  return  of  a  written  state 
ment  of  the  facts,  the  circuit  court  shall,  at  the  second  term  of  the  court,  condemn  the  real 
astate  of  the  delinquent,  or  so  much  thereof  as  will  be  of  value  sufficient  to  satisfy  the 
taxes  and  costs.  And  the  collector  shall,  after  giving  forty  days'  notice  in  writing,  posted 
on  the  court-house  door  of  the  county  where  the  land  was  condemned,  as  well  as  in  the 
county  where  the  land  is  situated,  if  practicable,  sell  the  same  at  public  outcry  to  the  highest 
bidder,  in  the  same  manner,  and  with  the  same  conditions,  and  upon  the  same  terms,  as 
now  provided  bv  law ;  but  this  section  shall  not  apply  to  soldiers  belonging  to  the  United 
States  army,  or  "soldiers  that  have  served  in  the  same  and  have  been  honorably  discharged, 
or  their  widows  or  minor  children. 

SEC.  7.  Be  it  further  enacted,  That  the  553d  section  of  the  Code  of  Tennessee  be  so 
amended  as  to  read  as  follows:  "On  keeping  a  tract  for  turf-racing,  two  hundred  dollars ; 
for  half-mile  tracts,  one  hundred  dollars;  for  quarter-mile  tracts,  fifty  dollars." 

SEC.  8.  Be  it  further  enacted,  That  any  person  of  undoubted  loyalty  residing  in  a  county 
where  the  tax  has  been  collected,  as  provided  in  this  act,  shall  have  the  privilege  of  paying 
his  tax  at  any  time  before  or  at  the  time  the  collector  comes  into  the  county  to  collect  the 
double  tax  provided  by  this  act. 

SEC.  9.  Be  it  further  enacted,  That  all  express  companies  doing  business  in  the  State  of 
Tennessee  shall  take  out  a  license  from  the  comptroller,  and  pay  over  to  him  one  thousand 
dollars  for  the  privilege  of  doing  business ;  and,  in  addition,  give  bond  to  the  comptroller  of 
five  thousand  dollars,  to  account  and  pay  over  one-half  of  one  per  cent,  on  their  income  from 
their  business  done  in  this  State. 

SEC.  10.  Be  it  further  enacted,  That  the  tax  assessed  on  lawyers,  by  this  act,  shall  be  col 
lected  by  the  clerk  of  the  county  court  of  the  county  where  the  lawyer  resides.  Said  clerk 
shall  issue  license. 

SEC.  1 1.  Be  it  further  enacted,  That  all  persons  who  are  engaged  in  tanning  leather  as  an 
occupation,  shall  pay  into  the  treasury  of  the  State  twenty-five  dollars  as  a  privilege  tax. 

SEC.  12.  Be  it  further  enacted,  That,  after  paying  the  interest  on  the  State  debt  proper  and 
current  expenses  of  the  State,  the  sum  of  eight  hundred  thousand  dollars  be  applied  to  com 
mon  school  purposes,  in  addition  to  what  is  now  allowed  by  law  for  said  purposes.  That  all 
the  laws  of  the  State  upon  the  subject  of  taxes,  except  as  altered  or  repealed  by  this  act,  are 
still  in  full  force  and  effect.  That  the  county  courts  of  this  State  shall  have  the  power  to  em 
brace  in  the  catalogue  of  subjects  of  taxation  for  county  purposes  all  subjects  mentioned  ia 
this  act.  This  act  shall  take  effect  from  and  after  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
•  Passed  May  24,  1865. 


CHAPTER  IX. 

AN  ACT  to  more  effectually  manage  the  penitentiary,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  l>y  the  general  assembly  of  the  State  of  Tennessee,  That  the  salary 
of  the  keeper  of  the  penitentiary  of  the  State  shall  be  two  thousand  dollars  a  year,  and  no 
more :  and  that  section  5442  of  the  code  be,  and  the  same  is  hereby,  repealed,  so  far  as  it 
gives  to  the  keeper  one  hundred  dollars  a  year  for  the  board  of  each  assistant  keeper. 

SEC.  2.  Be  it  further  enacled,  That  all  of  the  assistants,  clerks,  guards,  and  other  employds, 
shall  be  boarded  at  the  expense  of  the  penitentiary,  without  any  compensation  being  paid  to 
the  keeper ;  and  it  is  hereby  made  the  duty  of  the  keeper  to  have  the  food  properly  prepared 
without  any  additional  expense  to  the  penitentiary. 

SEC.  3.  Ba  it  further  enacted,  That  the  keeper  of  the  penitentiary  shall  hereafter  be  elected 
by  the  joint  vote  of  the  general  assembly  of  the  State  of  Tennessee,  in  convention  assem 
bled. 

SEC.  4.  Be  it  further  enacted,  That  the  penitentiary  shall  be  enlarged;  and  for  this  pur 
pose  the  inspectors  and  keeper  of  the  penitentiary  are  hereby  instructed  and  required  to  direct 
the  labor  of  the  convicts  to  that  end  and  object,  so  as  to  enclose  the  ground  belonging  to  the 
penitentiary  now  open,  or  so  much  thereof  as,  in  their  opinion,  the  necessities  of  the  iustitu- 
tioji  may  require. 

SEC.  5.  tic  it  further  enacted,  That  the  attorney  general  of  the  State  be,  and  is  hereby,  in 
structed  and  commanded  to  examine  into  the  item  of  the  account  showing  that  there  is  due 
to  the  penitentiary  the  sum  of  fifty  thousand  one  hundred  and  thirty-two  dollars  and  eighteen 
cents,  by  note  and  account;  and  "if  said  indebtedness  has  been  created  since  the  year  1858,  to 
institute  legal  proceedings  against  the  keepers  and  their  securities,  who  have  created  said  in- 


28  RECONSTRUCTION — TENNESSEE. 

debtedness  in  violation  of  law ;  and  for  this  purpose  he  may  procure  competent  counsel  to 
represent  the  interests  of  the  State,  who  shall  be  paid  as  the  general  assembly  may  hereafter 
direct. 

SKC.  6.   Be  it  further  enacted.  That  the  office  of  auditing  clerk  in  the  penitentiary  be,  and 
the  same  is  hereby,  repealed. 

WILLIAM  HEISKELL. 

Speaker  of  the  House  of  Hfpnarntativet. 

SAMUEL  R.  RODGERS, 

Speaker  of  tht  Senate. 
Passed  May  24,  1865. 


CHAPTER  X. 

AN  ACT  to  provide  for  the  limitation  of  actions,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  genera!  assembly  of  the  State  of  Tennessee,  That  no  statute 
of  limitations  shall  be  held  to  operate  from  and  after  the  6th  day  of  May,  1861,  to  the  1st  day 
of  January,  1867,  and  from  the  latter  date  the  statutes  of  limitations  shall  commence  their 
operation  according  to  existing  laws,  and  the  time  between  the  6th  day  of  May,  1861,  and 
the  1st  day  of  January,  1867,  shall  not  be  computed,  nor  shall  any  writ  of  error  be  refused  or 
barred  in  any  suit  decided  since  the  6th  day  of  May,  1861,  or  within  one  year  immediately 
prior  to  that  date  by  reason  of  lapse  of  time. 

SEC.  2.  Be  it  enacted,  That  the  statutes  of  limitations  prescribed  in  chapter  2,  article  3, 
section  2784  of  the  Code  of  Tennessee,  shall  not  be  held  to  operate,  or  the  time  be  computed 
from  the  6th  of  May,  1861,  to  the  1st  of  January,  1867,  and  from  and  after  the  1st  day  of 
January, '1867,  said  statutes  of  limitation  shall  commence  its  operations  according  to  existing 
laws. 

SEC.  3.  Be  it  enacted,  That  if  at  any  time  any  cause  of  action  shall  accrue  against  any 
person  who  shall  be  out  of  this  State,  the  action  may  be  commenced  within  the  time  limited 
therefor,  after  such  persons  shall  come  into  the  State,  and  after  any  cause  of  action  shall  have 
accrued,  the  person  against  whom  it  has  accrued  shall  be  absent  from,  or  reside  out  of  the 
State,  the  time  of  his  abence  or  residence  out  of  State  shall  not  be  taken  as  any  part  of  the 
time  limited  for  the  commencement  of  the  action. 

SEC.  4.  Be  it  further  enacted,  That  in  all  cases  where  real  estate  is  subject  to  redemption, 
as  prescribed  in  chapter  5,  section  2124  to  2137,  inclusive,  of  the  Code  of  Tennessee,  the  time 
between  the  6th  day  of  May,  1861,  and  the  1st  day  of  January,  1867,  shall  not  be  held  to 
operate,  or  be  computed,  and  all  persons  entitled  to  redeem  such  real  estate  shall  have  six 
months  from  and  after  the  1st  day  of  January,  1867,  to  redeem  the  same  according  to  existiug 
laws. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  30,  1865. 


CHAPTER  XL 

AN  ACT  to  fix  the  fees  to  be  paid  by  commissioners  of  deeds  resident  in  other  States. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  secre 
tary  of  state  shall  be  allowed  a  fee  of  five  dollars  for  affixing  the  great  seal  of  the  State  to  the 
commission  of  each  commissioner  of  deeds  for  this  State. 

SEC.  2.    Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage, 

9  WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Keprcsrntatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  31,  1865. 


CHAPTER  XII. 
AN  ACT  for  the  relief  of  indigent  families  of  soldiers. 

SECTION  1.  Beit  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  county 
courts  of  this  State  shall  have  power,  at  any  quarterly  term,  a  majority  of  the  justice-;  <>f  the 
peace  of  the  county  being  present,  to  levy  a  tax  on  property  privileges  and  polls,  to  raise  a 
fund  for  the  relief  of  indigent  families  of  soldiers  in  the  United  States  army;  said  fund  to  be 
collected  and  paid  to  the  trustee,  as  now  provided  for  by  law:  Provided,  That  the  widowed 


RECONSTRUCTION —TENNESSEE.  29 

mothers,  wives,  and  minor  children  of  soldiers  who  have  died  in  the  federal  service  shall  have 
the  benefit  of  this  act  in  common  with  the  families  of  those  still  living. 

SEC.  'J.  Be  it  further  enacted,  That  the  fund  raised  under  the  provisions  of  the  first  section 
of  this  act  shall  be  under  the  control  of  the  county  court  of  the  county  where  raised,  and  shall 
be  used  only  for  the  purpose  for  which  it  was  raised,  unless  the  necessity  for  which  it  was 
intended  ceases,  then  it  shall  become  a  part  of  the  general  fund  of  the  county. 

SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  ROGERS, 

Speaker  of  the  Senate. 
Passed  May  3 1,1865. 


CHAPTER  XIII. 

AN  ACT  to  amend  the  corporation  of  the  city  of  Shelbyville,  and  for  other  purposes. 
SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  sheriff 
of  Bedford  county  shall  open  and  hold,  upon  ten  days'  notice,  an  election  for  mayor  and  alder 
men,  and  other  officers  of  the  town  of  Shelbyville,  according  to  existing  laws,  who,  when 
elected,  shall  have  all  the  powers,  until  their  successors  are  elected  at  the  next  regular  elec 
tion  and  qualified  as  required  bylaw,  that  are  conferred  by  law  on  said  mayor  and  aldermen, 
and  other  officers  of  the  corporation  of  said  town  of  Shelbyville. 


SEC.  2.  Be,  it  further  enacted,  That  the  sheriff  of  each  county  in  the  State  shall  open  and 
Id,  upon  ten  days'  notice,  an  election  for  mayor  and  aldermen,  and  other  officers  in  any 
incorporated  town,  village,  or  city,  according  to  existing  laws ;  who,  when  elected,  shall  have 
all  the  powers  conferred  on  them  by  their  respective  charters  of  incorporation,  and  until  their 
successors  are  elected  and  qualified,  as  required  by  la'w. 

SEC.  3.  Be  itfurthar  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  31.  1865. 


.  CHAPTER  XIV. 

AN  ACT  to  change  the  times  of  holding  the  chancery  courts  at  Athens  and  Benton,  in  this  State. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  chancery 
court  at  Athens,  McMinn  county,  Tennessee,  shall  hereafter  be  holden  on  the  fourth  Mondays 
of  May  and  November  in  each  year,  instead  of  third  Mondays  of  February  and  August,  as 
now  provided  by  law.  The  first  court  after  the  passage  of  this  act  shall  be  holden  on  the 
third  Monday  of  February  next,  as  heretofore,  but  forever  thereafter  the  chancery  courts  at 
Athens  shall  be  holden,  commencing  on  the  fourth  Mondays  of  May  and  November,  as  above 
provided. 

SEC.  "2.  Be  it  further  enacted,  That  hereafter  the  chancery  courts  at  Benton,  in  Polk  county, 
Tennessee,  shall  be  holden  on  the  third  Mondays  of  June  and  December  in  each  year,  instead 
of  the  first  Mondays  of  February  and  August,  as  now  provided  by  law;  and  the  first  court 
after  the  passage  of  this  act  shall  be  holden  on  the  third  Monday  of  June,  1865. 

SEC.  3.  Be  it  further  enacted,  That  the  chancery  courts  for  the  eighth  chancery  division  of 
this  State  shall  be  held  at  the  following  times  and  places  each  and  every  year:  fourth  Mon 
days  of  May  and  November  at  Athens,  McMinn  county,  Tennessee;  first  Mondays  of  June 
and  December  at  Madisonville,  Monroe  county,  Tennessee;  fourth  Mondays  of  June  and 
December  at  Maryville,  Blount  county,  Tennessee ;  Thursday  after  the  third  Mondays  of  April 
and  October  at  Kingston,  Roane  county,  Tennessee;  first  Mondays  of  April  and  October  at 
Kuoxville,  Kuox  county,  Tennessee;  second  Mondays  of  April  and  October  at  Seveirville, 
Seveir  county,  Tennessee;  first  Mondays  of  May  and  November  at  Clinton,  Anderson  county, 
Tennessee. 

SEC.  4.  Be  it  further  enacted,  That  hereafter  all  process  issued  from  any  of  said  chancery 
courts,  in  the  eighth  chancery  division  of  this  State,  shall  be  made  returnable  to  the  times 
and  places  mentioned  in  this  act,  and  that  the  next  chancery  court  at  Maryville,  Blount 
county,  Tennessee,  shall  be  holden  on  the  fourth  Monday  of  December,  1865,  instead  of  the 
time  heretofore  provided  for  by  law. 

SEC.  5.  Be  it  further  enacted,  That  the  chancellor  of  the  eighth  chancery  division  of  this 
State,  shall  have  full  power  and  authority  to  hold  the  circuit  courts  of  the  counties  composing 
said  chancery  division,  whether  by  interchange  with  a  circuit  judge  or  not:  and  such  circuit 
courts  as  he  may  hold,  and  such  causes  as  he  may  try  and  determine  in  such  circuit,  shall  be 


30  RECONSTRUCTION TENNESSEE. 

good  and  valid,  to  all  intents  and  purposes,  and  he  shall  have  and  exercise  all  the  powers  of 
circuit  judges. 

SEC.  6.   lie  it  further  enacted,  That  the  chancery  court  at  Taylorsville,  for  Johnson  county 
shall  be  held  on  the  third  Mondays  of  April  and  October. 

SEC.  7.   lie  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Iteprewntutitcs. 
SAMUEL  R.  RODGEKS, 

Speaker  of  the  Senate. 
Passed  June  2,  1865. 

CHAPTER  XV. 

AN  ACT  to  repeal  an  act  passed  on  the  19th  day  of  March,  1860,  to  repeal  section  4766  of 
the  code,  and  to  re-enact  section  4766  of  the  code. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  whoever  shall 
be  guilty  of  uttering  seditious  words  or  speeches,  spreading  abroad  false  news,  writing  or  dis 
persing  scurrilous  libels  against  the  State  or  general  government,  disturbing  or  obstructing 
any  lawful  officer  in  executing  his  office,  or  of  instigating  others  to  cabal  and  meet  together 
to  contrive,  invent,  suggest,  or  incite  rebellious  conspiracies,  riots,  or  any  manner  of  un 
lawful  feud  or  differences  thereby  to  stir  people  up  maliciously  to  contrive  the  ruin  and 
destruction  of  the  peace,  safety,  and  order  of  the  government,  or  shall  knowingly  conceal 
such  evil  practice,  shall  be  punished  by  line  and  imprisonment  at  the  discretion  of  the  court 
and  jury  trying  the  case,  and  may  be  compelled  to  give  good  and  sufficient  sureties  for  his 
or  her  good  behavior  during  the  court's  pleasure,  and  shall  be  incapable  of  bearing  any  oflice 
of  houoi,  trust,  or  profit  in  the  State  government  for  the  space  of  three  years. 

SEC.  '2.  Be  it  further  enacted,  That  it   shall  1  e  the  duty  of  the  judges  to  give  this  act  in 
charge  to  the  grand  jury,  and  no  prosecutor  shall  be  required  to  an  indictment  under  this  act. 
SEC.  3.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGEKS, 

Speaker  of  the  Senate. 
Passed  June  3,  1865. 


CHAPTER  XVI.  , 

AN  ACT  to  limit  the  elective  franchise. 

Whereas  the  first  article  and  the  first  section  of  the  declaration  of  rights  in  the  constitution 
of  the  State  of  Tennessee  declares:  "That  all  power  is  inherent  in  the  people,  and  all  free 
governments  are  founded  on  their  authority  and  instituted  for  their  peace,  safety,  and  happi 
ness;  for  the  advancement  of  these  ends  they  have  at  all  times  an  inalienable  and  iixli-u-usible 
right  to  alter,  reform,  or  abolish  the  government  in  such  manner  as  they  may  think  proper; 
and  whereas  a  large  and  respectable  convention  of  the  free  and  loyal  people  of  the  State,  of 
Tennessee  met  in  the  city  of  Nashville,  on  the  9th  day  of  January,  lc'65,  and  proposed  certain 
alterations  and  amendments  fo  the  constitution  of  the  State  of  Tennessee,  for  rejection  or  rati 
fication  by  the  loyal  people  on  the  2^d  of  February  following;  and  whereas  said  amendments 
and  schedule  were  solemnly  ratified  with  great  unanimity  by  the  authoritative  voice  of  the 
people ;  and  whereas  the  8th  section  of  said  schedule  provided  for  the  election  of  a  governor 
arid  members  of  the  legislature  on  the  4th  day  of  March,  1865,  and  who,  in  accordance  there 
with,  v.-eie  elected  by  the  ballots  of  the  loyal  people ;  and  whereas  the  same  authoritative 
Y( )!(•>-,  in  section  9th  of  the  schedule,  delegated  to  the  general  assembly  meeting  first  under 
this  amended  constitution,  the  right  to  fix  the  qualification  of  voters  and  the  limitation  of  the 
elective  franchise;  theiefore,  acting  faithfully  under  and  in  accordance  with  this  delegation 
of  supreme  power — 

SECTION  J.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  follow 
ing  persons,  to  wit : 

1.  Every  white  man  twenty-one  years  of  age,  a  citizen  of  the  United  States  and  a  citizen 
of  the  county  wherein  he  may  offer  his  vote  six  months  next  preceding  the  day  of  election, 
and  publicly  known  to  have  entertained  unconditional  Union  sentiments  from  the  outbreak 
of  the  rebellion  until  the  present  time;  and 

SJ.  Every  white  man,  a  citizen  of  the  United  States  and  a  citizen  of  the  county  wherein 
be  may  offer  his  vote  six  months  next  preceding  the  day  of  election,  having  arrived  at  lin 
age  of  twenty-one  years  since  March  4,  1865:  Provided,  That  he  has  not  been  engaged  in 
armed  rebellion  against  the  authority  of  the  United  States  voluntarily;  and 

3.  Every  white  man  of  lawful  age  coming  from  another  State,  and  being  a  citizen  of  the 
United  States,  on  proof  of  lo\alty  to  the  United  States,  and  being  a  citizen  of  the  county 
wherein  he  may  offer  his  vote  six  months  next  preceding  the  day  of  election ;  and 


RECONSTRUCTION TENNESSEE.  31 

4.  Every  white  man,  a  citizen  of  tlie  United  States  and  a  citizen  of  this  State,  who  has 
served  as  a  soldier  in  the  army  of  the  United  Status,  and  has  been  or  may  be  hereafter  honor 
ably  discharged  therefrom ;  arid 

5.  Every  white  man  of  lawful  age,  a  citizen  of  the  United   States  and  a  citizen  of  the 
county  wherein  he  may  offer  his  vote  six  months  next  preceding  the  day  of  election,  who 
was  conscripted  by  force  into  the  so-called  confederate  army,  and  was  known  to  be  a  Union 
man,  on  proof  of  loyalty  to  the  United  States,  established  by  the  testimony  of  two  voters 
under  the  previous  clauses  of  this  section;  and 

6.  Every  white  man  who  voted  in  this  State  at  the  presidential  election  in  November, 
18(54,  or  voted  on  the  2'2d  of  February,  1865,  or  voted  on  the  4th  of  March,  1865,  in  this 
State,  and  all  others  who  had  taken  the  "oath  of  allegiance"  to  the  United  States,  and  may 
be  known  by  the  judges  of  election  to  have  been  true  friends  to  the  government  of  the  United 
States,  and  would  have  voted  in  said  previously  mentioned  elections  if  the  same  had  been 
hokk-n  within  their  reach,  shall  be  entitled  to  the  privileges  of  the  elective  franchise. 

SEC.  '2.  Be  it  further  enacted,  That  all  persons  who  are  or  shall  have  been  civil  or  diplo 
matic  officers  or  agents  of  the  so-called  Confederate  States  of  America,  or  who  have  left 
judicial  stations  under  the  United  States  or  the  State  of  Tennessee  to  aid,  in  any  way,  the 
existing  or  recent  rebellion  against  the  authority  of  the  United  States,  or  who  are  or  shall 
have  been  military  or  naval  officers  of  the  so-called  Confederate  States,  above  the  rank  of 
captain  in  the  army  or  lieutenant  in  the  navy ;  or  who  have  left  seats  in  the  United  States 
Congress  or  seats  in  the  legislature  of  the  State  of  Tennessee  to  aid  said  rebellion,  or  have 
resigned  commissions  in  the  army  or  navy  of  the  United  States,  and  afterwards  have  volun 
tarily  given  aid  to  said  rebellion;  or  persons  who  have  engaged  in  treating  otherwise  than 
lawfully,  as  prisoners  of  war,  persons  found  in  the  United  States  service  as  officers,  soldiers, 
seamen,  or  in  any  other  capacities ;  or  persons  who  have  been  or  are  absentees  from  the 
United  States  for  the  purpose  of  aiding  the  rebellion ;  or  persons  who  held  pretended  offices 
under  the  government  of  States  in  insurrection  against  the  United  States ;  or  persons  who 
left  their  homes  within  the  jurisdiction  and  protection  of  the  United  States,  or  fled  before  the 
approach  of  the  national  forces  and  passed  beyond  the  federal  military  lines  into  the  so-called 
Confederate  States,  for  the  purpose  of  aiding  the  rebellion,  shall  be  denied  and  refused  the 
privilege  of  the  elective  franchise  in  this  State  for  the  term  of  fifteen  years  from  and  after  the 
passage  of  this  act. 

SEC.  3.  Be  it  further  enacted,  That  all  other  persons,  except  those  mentioned  in  section  1 
of  this  act,  are  hereby  and  henceforth  excluded  and  denied  the  exercise  of  the  privilege  of  the 
elective  franchise  in  this  State  for  the  term  of  five  years  from  and  after  the  passage  of  this  act. 
SEC.  4.  Be  it  further  enacted,  That  all  persons  embraced  in  section  3  of  this  act,  after  the 
expiration  of  said  five  years,  may  be  readmitted  to  the  privilege  of  the  elective  franchise  by 
petition  to  the  circuit  or  chancery  court,  on  proof  of  loyalty  to  the  United  States,  in  open 
court,  upon  the  testimony  of  two  or  more  loyal  citizens  of  the  United  States. 

SEC.  5.  Be  it  further  enacted,  That  so  long  as  any  of  the  white  citizens  of  the  State  of 
Tennessee,  who  by  this  act  are  entitled  to  exercise  the  elective  franchise,  shall  be  connected 
with  the  army  of  the  United  States,  or  with  the  military  force  of  this  State  in  actual  service, 
the  governor  shall  issue  writs  of  election  to  the  commanding  officers  of  such  brigades,  regi 
ments,  or  detachments  of  Tennessee  soldiers,  wherever  located,  who  shall  open  and  hold  the 
election,  and  receive  the  votes  of  their  respective  commands,  and  return  the  same  to  the 
secretary  of  state,  and  which  shall  be  counted  in  the  same  way  and  manner  as  if  said  votes 
hud  been  cast  in  any  of  the  counties  of  the  State  to  which  the  soldiers  belonged. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  'be  the  duty  Sf  the  county  court  clerk,  in  each 
county,  to  open  and  keep  a  registration  of  voters,  and  before  whom  proof,  under  oath,  that 
the  voter  falls  within  the  provisions  of  article  1  of  this  act,  shall  be  made:  Provided,  No 
man  of  publicly  known  Union  sentiments  shall  be  required  to  make  oath  in  doing  the  same; 
and  said  clerk  shall  receive  such  compensation  as  the  county  court  in  each  county  may  deem 
proper ;  and  also  said  clerk  shall  issue  to  all  such  persons  a  certificate  of  registration,  and  no 
one  shall  be  permitted  by  the  judges  of  election  to  vote  unless  so  registered. 
'  SEC.  7.  Be  it  further  enacted,  That  any  voter  may  be  challenged  by  an  admitted  voter  of 
section  1  of  this  act,  on  offering  his  vote;  and  thereupon  the  judges  of  election  shall  per 
emptorily  administer  to  the  person  so  challenged,  before  permitting  him  to  vote,  the  follow 
ing  oath,  said  oath  also  to  be  taken  by  all  judges  of  election  and  candidates  for  office: 

"OATH 


"  I  solemnly  swear  that  I  will  henceforth  support  the  Constitution  of  the  United  States 
and  defend  it  against  the  assaults  of  all  its  enemies;  that  I  am  an  active  friend  of  the  gov 
ernment  of  the  United  States  ;   that  I  will  heartily  aid  and  assist  the  loyal  pnjpii'  in  whatever 
nieasiiies 
and 
the 

faithfully  and  most  heartily  support  and  defend  the  constitution 
and  the  amendments  and  schedule  thereunto  appended  and  adopted  by  the  people  on  the  'J'Jd 
day  of  February,  1865 ;  and  also  all  acts  of  the  general  assembly  assembled  in  accordance 


rument  of  the  United  States  ;  that  I  will  heartily  aid  and  assist  the  loyal  people  in  whatever 
leasuies  may  be  adopted  under  the  Constitution  of  the  United  States,  and  under  all  laws 
nd  proclamations  made  in  pursuance  thereof,  to  establish  the  national  authority  over  a.l 
10  people  of  every  State  and  Territory  embraced  in  the  national  Union;  and  that  I  will 
iithf'ullv  find  most  bojirtilv  surmort  and  defend  the  constitution  of  the  State  ot  Tennessee, 


32  RECONSTRUCTION TENNESSEE. 

therewith  ;  and  that  I  take  this  oath  freely,  voluntarily,  and  without  mental  reservation:  So 
help  me  (»od." 

SEC.  s.  UK  it  further  enacted,  That  any  person  taking  this  oath  falsely  shall  be  guilty  of 
perjury,  jind  shall  sutler  the  pains  and  penftltiei  attached  to  that  crime. 

Sr.r.  (,i.  Hi-  itfitrthi-r  enacted,  Tluit  tin-  power  is  reserved  to  alter,  amend,  or  change  the 
provisions  of  this  act,  at  any  time  when,  in  the  opinion  of  this  general  assembly  of  the  State, 
it  is  right  and  proper  to  do  so. 

SEC.  JO.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  pas 
sage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGER8, 

Speaker  of  the  Senate. 
Passed  June  5,  3865. 

CHAPTER  XVII. 

AN  ACT  to  repeal  an  act  incorporating  a  military  department  in  Andrew  College,  and  the 
Memphis  Arms  Company,  and  for  other  purposes. 


„       ,     ,  authorizing  the  mayor 

ot  the  city  of  Memphis  and  the  sheriff  of  Shelby  county  to  call  out  the  154th  regiment  to 
suppress  insurrection,  riot,  or  invasion,  at  the  expense  of  the  city  and  county,  belaud  tlie 
same  is  hereby,  repealed. 

SEC.  3.  Be  it  further  enacted,  That  an  act  to  incorporate  the  Memphis  Light  Dragoon 
Company,  which  was  passed  January  3],  186],  be,  ami  is  hereby,  repealed. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  1865. 

CHAPTER  XVIII. 

AN  ACT  to  amend  section  117  of  the  code,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  crimi 
nal  court  of  the  county  of  Montgomery  be,  and  the  same  is  hereby,  abolished;  and  that  the 
jurisdiction  of  said  court  be,  and  the  same  is  hereby,  conferred  upon  the  circuit  court  of 
Montgomery  county  as  fully  and  completely  as  can  by  law  be  done. 

SEC.  2.  Be  il  further  enacted,  That  all  of  the  causes  in  the  criminal  court  of  Montgomery 
county  shall  be  transferred  to  the  circuit  court  of  Montgomery  county,  and  all  bonds  taken 
for  the  appearance  of  defendants  be  returnable  to  the  first  Tuesday  after  the  second  Monday 
in  September,  18(55,  before  said  circuit  court. 

SEC.  3-  #«  it  further  enacted,  That  the  circuit  judge  of  the  tenth  judicial  circuit  of  the 
State  of  Tennessee  shall  have  full  power  to  try  all  such  criminal  causes  as  may  be  thus 
transferred  to  it,  or  that  may  hereafter  arise  in  the  county  of  Montgomery;  and  that  he  is 
lierehy  clothed  with  fulj  power  to  iix  a  day  at  each  term  of  his  court  when  all  such  business 
shall  he.  iaUeil  up. 

Sr.r.  1.  lie  it  further  enacted,  That  there  shall  be  regularly  empanelled  a  grand  jury  for 
the  county  of  Davidson,  which  shall  be  elected,  sworn,  and  empanelled  bv  the  circuit 
court  of  Davidson  county,  and  shall  have  its  sittings  during  the  regular  session  of  said  court, 
and  with  full  power  of  all  other  grand  juries  in  the  State;  and  that  the  bills  and  present 
mcnts  so  made  by  the  grand  jury  thus  empanelled  and  returned,  shall  be  regularly  trats- 
fcned  to  the  criminal  court  of  Davidson  county  for  process  to  issue,  and  trial  to  be 'had,  as 
in  other  criminal  cases. 

SEC.  5.  Be  it  further  enacted,  That  the  circuit  court  of  Montgomery  county  shall  have  full 
power,  with  all  ether  criminal  courts  of  the  State,  to  organize  and  empanel  a  o-rand  jurv  as 
now  provided  tor  by  law. 

Sue.  (5.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage 

\\  ILLIAM   HKISKKLL," 
Speaker  of  the  House  of  Rt  presentntircs 
SAMUEL  R.   Rolx.KKS, 

Speaker  of  the  Senate. 

Pa  sod  June  5,  1865. 


RECONSTRUCTION TENNESSEE.  3  3 

CHAPTER  XIX 

AN  ACT  to  authorize  the  investment,  of  trust  funds,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  courts 
of  law  and  equity  in  this  State  be,  and  they  are  hereby,  authorized  to  have  the  money  and 
funds  in  the  hands  of  clerks  and  receivers,  or  trustees,  in  litigation,  or  under  the  control  of 
said  courts,  invested  in  the  public  stocks  or  bonds  of  the  United  States,  under  such  rules 
and  orders  in  each  case  as  may  be  legal  and  just. 

SEC.  2.  That  guardians,  executors,  administrators,  and  trustees  shall  also  be  authorized 
and  empowered  to  invest  money  and  funds  in  their  hands  in  the  public  stocks  or  bonds  of 
the  United  States,  and  make  report  thereof  to  the  county  court  of  the  county  where  such 
guardian,  executor,  administrator,  or  trustee  resides,  unless  another  mode  of  investment  is 
required  by  will  or  deed  of  the  testator  or  other  person  who  has  established  the  funds. 
SEC.  3.  This  act  to  be  in  force  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  1865. 

CHAPTER  XX. 

AN  ACT  to  establish  a  claim  agency  of  Tennessee  in  the  city  of  Washington. 

SECTION  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor, 
by  and  with  the  advice  and  consent  of  the  Senate,  be,  and  he  is  hereby,  directed  to  appoint 
an  agent  for  the  State  of  Tennessee,  learned  in  the  law  and  faithful  in  business,  who  shall 
keep  his  office  in  the  city  of  Washington,  whose  duty  it  shall  be,  whenever  requested  by  the 
party  or  parties  interested,  to  prosecute  before  the  Court  of  Claims  at  Washington,  or  before 
a-ny  of  the  departments  at  Washington,  any  claim  or  demand  growing  out  of  the  existing 
war  which  the  State  of  Tennessee,  or  any  citizen  or  soldier  thereof,  has  against  the  govern 
ment  of  the  United  States:  Provided,  That  the  person  appointed  under  this  act  shall  hold  no 
other  office  or  appointment  under  the  United  States  or  the  State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  agent  to  answer  all  com 
munications  addressed  to  him  by  any  Tennessee  soldier  or  citizen,  or  any  officer  of  the  State 
government,  in  regard  to  any  matter  of  business  in  any  of  the  departments  at  Washington. 

SEC.  3.  Be  it  further  enacted,  That  said  agent  shall  perform  such  other  duties  as  may  from 
time  to  time  be  required  of  him  by  the  governor,  and  may  be  removed  by  the  governor  when 
ever,  in  his  opinion,  the  interest  of  the  people  of  Tennessee  require  it. 

SEC.  4.  Be  it  further  enacted,  That  the  agent  appointed  under  this  act  shall  not,  directly 
or  indirectly,  receive  or  charge  any  fee  for  services  rendered  under  this  act  to  Tennessee 
soldiers,  their  widows,  heirs,  and  legal  representatives ;  nor  shall  he  purchase,  trade,  or  deal 
in  any  claim  against  the  United  States,  whether  the  same  is  or  is  not  in  his  hands  for  collec 
tion. 

SEC.  5.  Be  it  further  enacted,  That  any  violation  by  said  agent  of  the  provisions  of  thc- 
preceding  section  shall  be  a  misdemeanor  in  office,  and  punishable  by  fine  or  imprisonment, 
or  both,  at  the  discretion  of  the  jury.  He  may  be  indicted  in  the  circuit  court  of  the  county 
where  the  claimant  or  soldier  resides,  or  in  the  circuit  court  of  the  county  in  which  the  agent 
resides. 

SEC.  6.  Be  it  further  enacted,  That,  before  entering  on  the  discharge  of  the  duties  of  his 
office,  he  shall  take  the  oath  that  other  officers  of  this  State  are  required,  under  the  Consti 
tution,  to  take,  and  shall  execute  a  bond  with  sufficient  security,  to  be  approved  of  by  the 
governor,  conditioned  that  he  will  faithfully  and  diligently  discharge  the  duties  of  his  office ; 
make  full,  fair,  and  complete  returns  of  all  claims  and  funds  which  may  conic  into  his  hands 
or  may  be  intrusted  to  him,  and  pay  over  to  the  claimant  all  money,  vouchers,  and  ertV'rts 
which  he  may  receive  for  any  claimant ;  and  that  he  will  not,  directly  or  indirectly,  purchase, 
trade,  or  deal  in  any  claim  whatever  against  the  United  States;  which  bond  shall  be  tiled 
and  preserved  in  the  office  of  the  secretary  of  state,  and  upon  which  any  one  aggrieved  may 
maintain  a  suit  for  any  breach  thereof,  and  any  recovery  on  the  same  shall  not  bar  any  other 
suit  upon  the  same  for  any  other  and  distinct  cause  of  action. 

SEC.  7.  Be  it  further  enacted,  That  the  agent  shall  receive,  as  compensation  for  his  services 
under  this  act,  a  salary  of  fifteen  hundred  dollars,  payable  out  of  the  State  treasury. 

SEC.  8.  Be  it  further  enacted,  That  for  prosecuting"  the  claims  of  the  State,  or  the  claims 
of  soldiers,  their  widows,  heirs,  and  legal  representatives,  said  agent  shall  receive  no  other 
compensation  than  the  salary  herein  allowed,  but  for  prosecuting  and  collecting  the  claims 
of  other  persons,  citizens  of  Tennessee,  he  is  allowed  to  charge  any  fee  agreed  upon  between 
him  and  the  claimant  not  exceeding  live  per  centum  on  the  amount  of  the  claim  allowed, 
where  such  allowance  is  one  hundred  dollars  or  less ;  if  over  one  hundred  and  not  exceeding* 

3   T 


34  RECONSTRUCTION — TENNESSEE. 

one  thousand  dollars,  five  dollars  on  the  first  hundred  dollars  and  three  per  centum  on  the 
residue  may  be  charged,  and  if  more  than  one  thousand  dollars,  then  two  and  a  half  per 
centum  oii  the  excess  pyer  one  thousand  dollars  collected:  Provided,  The  agent  shall  not 
attend  to  the  prosecution  of  the  claims  of  any  other  State,  and  for  a  violation  of  this  section 
he  shall  be  dismissed  from  his  office  by  the  governor,  and  on  indictmert  in  the  circuit  court 
of  the  county  where  the  claimant  resides,  fined  in  a  sum  not  exceeding  five  times  the  auiount 
of  fees  charged. 

Set;.  9.  Be  it  further  enacted,  That  the  agent  shall  hold  his  office  for  a  period  not  exceeding 
two  years  from  the  first  day  of  October,  1865;  and  in  the  event  of  his  death,  resignation,  or 
removal  from  office,  the  governor  may  appoint  a  successor  for  the  unexpired  term,  who  shall 
receive  the  office,  books,  papers,  and  claims  of  his  predecessor,  and  be  governed  by  the  pro 
visions  of  the  foregoing  sections  of  this  act. 

SEC.  10.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage, 
and  shall  continue  in  force  until  the  first  day  of  October,  eighteen  hundred  and  sixty -seven. 

WILLIAM  HEISKELL, 

Speaker  of  the  Houae  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  1865. 


CHAPTER  XXI. 

AN  ACT  for  the  benefit  of  discharged  Union  soldiers. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  Stale  of  Tennessee,  That  all  dis 
charged  Union  soldiers,  who  have  served  either  as  State  or  Federal  soldiers,  and  have  been 
honorably  discharged  the  service,  and  all  citizens  who  have  always  been  loyal,  shall  be  per 
mitted  to  carry  any  and  all  necessary  side-arms,  being  their  own  private  property,  for  their 
personal  protection  and  common  defence. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  licpresentat ivcs. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  1865. 


CHAPTER  XXII. 

AN  ACT  accepting  on  the  part  of  the  State  of  Tennessee  a  grant  of  lands  made  by  the  United 
States  to  the  several  States  and  Territories  which  may  provide  colleges  for  the  benefit  of 
agriculture  and  the  mechanic  arts. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  an  act  of 
Congress  of  the  United  States,  approved  July  5,  J86'2,  entitled  an  act  donating  public  lands 
to  the  several  States  and  Territories  which  may  provide  colleges  for  the  benefit  of  agriculture 
and  the  mechanic  arts,  and  the  grant  of  land  and  land  scrip  thereby  made  be,  and  the  same 
is  hereby,  accepted  on  the  part  of  the  State  of  Tennessee. 

SEC.  2.  And  be  it  enacted,  That  the  said  grant  of  land  and  land  scrip  is  hereby  accepted 
for  tli-e  purposes  and  upon  the  conditions  in  said  act  of  Congress  specified,  and  the  assent  of 
the  .State  of  Tennessee  to  the  several  conditions  and  provisions  in  said  act  contained  is  hereby 
signified  and  expressed. 

SBC.  3.  And  be  it  enacted,  That  the  governor  of  this  State,  and  such  person  as  he  shall 
appoint  for  that  purpose,  are  hereby  appointed  commissioners  for  the  State  to  receive  from 
the  Secretary  of  the  Interior,  or  other  officer  of  the  United  States,  the  laud  scrip  to  which  the 
State  of  Tennessee  is  or  may  be  entitled  under  the  act  of  Congress  aforesaid;  said  scrip  to 
lie  held  by  said  commissioners  for  the  State  until  provision  is  made  by  law  for  the  sale  thereof 
and  investment  of  the  proceeds  in  accordance  with  the  provisions  of  said  act  of  Congress. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  6,  1865. 

CHAPTER  XXIII. 

AN  ACT  to  provide  for  the  payment  of  certain  counsel  fees. 

SECTION  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  in  all 
•crises  where  suits  have  been  brought,  or  may  hereafter  be  brought,  against  any  persons 
tluvt  have  been  connected  as  president,  cashier,  directors,  debtors,  or  in  any  way  liable  to  the 


RECONSTRUCTION — TENNESSEE.  35 

Bank  of  Tennessee  or  branches,  by  attorneys,  instructed  by  the  attorney  general  of  the  St;ito 
to  bring  said  suits,  said  attorneys  shall  be  paid  such  compensation  for  their  services  us  (he 
governor,  secretary  of  the  State,  and  the  attorney  general  of  the  State  may  deem  just ;'  the  same 
to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated,  upon  the  certifiriite 

said  officers  certifying  the  amount  to  the  comptroller. 

,  SEC.  "2.  Be  it  further  enacted,  That  in  all  cases  where  the  interest  of  the  State  requires 
Mn  the  judgment  of  the  governor  and  attorney  general  of  the  State)  additional  counsel  to 
*he  attorney  general  of  the  State  or  district  attorney,  the  governor  shall  employ  such  counsel, 
who  shall  be  paid  as  provided  in  the  first  section  of  this  act.  This  act  to  take  effect  from  and 
after  its  passage. 

WILLIAM  HETSKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  7,  1865. 

CHAPTER  XXIV. 

AN  ACT  for  the  protection  of  sheriffs  and  other  civil  officers  of  the  State. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the 
sheriffs  of  -the  sevl  counties  in  this  State  are  hereby  authorized  to  raise  a  posse  of  rnen, 
not  to  exceed  twenty -five  in  number,  as  a'  county  patrol,  and  to  aid  the  sheriff  and  all  other 
civil  officers  of  the  county  in  enforcing  civil  law  and  order ;  and,  further,  the  sheriffs  of  the 
different  counties  in  this  State  shall,  in  all  cases  of  emergency,  have  discretionary  power  to 
summon,  in  addition  to  the  posse  granted  by  this  act,  as  many  more  men  as  will,  in  his 
judgment,  be  sufficient  to  either  capture  or  disperse  all  opposing  forces. 

SEC.  2.  Be  it  further  enacted,  That  the  above  county  guards  shall  consist  of  the  citizens  of 
the  county,  and  none  shall  be  eligible  to  Serve  but  such  as  have  a  good  moral  character  and 
unquestionably  loyal  to  the  United  States  and  State  of  Tennessee. 

SEC.  3.  Be  it  further  enacted,  That  the  expense  of  raising  and  keeping  in  said  service  the 
above  force  shall  be  paid  by  the  county  in  which  it  is  raised,  and  the  clerk  of  said  county 
shall  keep  a  current  account  of  all  such  expenses,  and  report  the  same  to  the  comptroller  of 
the  State,  and  that  the  county  court  shall  have  power  to  disband  the  same  when  in  their 
opinion  the  causes  for  which  they  were  raised  shall  have  passed  away. 

SEC.  4.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEI^KELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R,  RODGERS,  * 

Speaker  of  the  Senate. 

Passed  June  7,  1865. 

CHAPTER  XXV. 

AN  ACT  "  to  regulate  the  stock  of  the  county  of  Sumner  in  the  Nashville  and  Louisville 
railroad,  and  for  other  purposes." 

Whereas,  under  the  authority  of  an  act  of  the  general  assembly  of  the  State  of  Tennessee, 
the  citizens  of  Sumuer  county  voted  to  subscribe  $300,000  stock  in  the  Louisville  and  Nash 
ville  railroad ;  and  whereas,  by  a  subsequent  act  of  the  legislature,  said  subscription  was 
paid  by  the  issuance  of  the  bonds  of  the  county,  payable  in  twenty  years,  with  six  per 
cent,  interest,  payable  semi-annually  in  the  city  of  New  York,  $100,000  of  which  are  dated 
the  ]st  of  June,  1854,  $100,000  of  which  are  dated  1st  of  June,  1855,  and  the  remaining 
$1(JO,000  the  1st  of  June,  1856 ;  all  of  which  were  delivered  to  the  president  of  the  Louisville 
and  Nashville  railroad,  and  for  which  the  county  received  a  certificate  of  stock  in  said  railroad 
to  the  amount  of  $300,000  ;  and  whereas  there  has  been  no  provision  made  for  the  redemp 
tion  of  the  bonds  of  the  county,  issued  as  afoiesaid  to  pay  off  the  interest  that  has  accrued 
since  the  1st  clay  of  January,  1861 : 

Now,  therefore,  in  order  to  enable  the  people  of  said  county  to  free  themselves  from  sa 
indebtedness,  t 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  county 
judge  of  Sumner  county  shall  have  the  power,  and  it  is  hereby  made  his  duty,  to  advertise  in 
some  one  of  the  papers  published  in  the  city  of  Nashville  and  Louisville,  requesting  the 
holders  of  the  bonds  of  Sumner  county  to  file  in  his  office  their  amount,  date,  and  ruimber, 
and  to  open  a  negotiation  with  said  holders  for  the  payment  of  said  bonds  in  the  stock  of  said 
county'  in  the  Louisville  and  Nashville  railroad,  at  par ;  and  in  all  cases  where  the  holders  oi 
any  of  said  bonds  shall  agree  to  take  said  stock,  or  a  regular  transfer  thereof,  dollar  for 
dollar,  then  the  said  county  judge  shall  make  said  exchange,  and  by  power  of  atto.  i  « y 
acknowledged  before  the  clerk  of  the  county  court,  or  in  person,  transfer,  said  stock  upon  the 


36  KECONSTRUCTION TENNESSEE. 

books  of  the  company  to  such  holder,  or  his,  her,  or  their  order,  and  receive  in  lieu  of  said 
stock  such  bond  or  bonds  so  paid ;  and  he  shall  report  to  the  next  term  of  the  county  court 
all  of  the  bonds  so  taken  up.  As  he  shall  so  receive  a  bond,  he  shall  write  in  legible  letters 
across  its  face  cancelled,  with  the  date  and  his  official  signature  ;  and  it  shall  be  his  duty,  in 
the  presence  of  the  clerk  thereof  and  such  justices  of  the  peace  as  may  be  present,  to  cancel 
said  bonds,  and  record  shall  be  made  upon  the  minutes  of  said  court  of  said  cancellation. 

SEC.  2.  Be  it  further  enacted,  That,  to  meet  any  interest  due  on  said  bonds,  the  county 
judge  of  Sumrier  county  is  authori/cd  and  required  to  ascertain  from  said  company  what 
is  the  amount  of  dividends  due  the  county  on  said  stock ;  and  after  giving  three  months' 
notice  to  holders  of  coupons  in  the  papers  ai'oresaid,  he  will  pro  rata  the  same  among  said 
holders  who  shall  present  the  same  as  notified,  and  give  such  parties  delivering  up  their 
coupons  authority  to  draw  their  portion  of  said  dividends,  and  as  coupons  shall  be  thus  taken 
up,  they  shall  be  cancelled  in  like  manner  provided  for  the  cancellation  of  the  bonds  :  Provided, 
however,  That  in  case  any  holder  of  a  bond  with  interest  due  thereon  from  the  1st  of  January, 
1861,  shall  be  willing  to  exchange  his  bond  and  interest  for  the  like  amount  of  stock  and 
such  dividends  as  may  be  due,  then  said  county  judge  shall  make  said  exchange  and  deliver 
the  necessary  transfers ;  all  of  which  shall  be  reported  as  aforesaid. 

SEC.  3.  lie  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate 

Passed  June  7,  1865. 

CHAPTER  XXVI. 

AN  ACT  to  accept  the  surrender  of  the  charter  of  the  Bank  of  Middle  Tennessee,  and  for 

other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  sur 
render  of  the  charter  of  the  Bank  of  Middle -Tennessee,  at  Lebanon,  be  accepted,  and  that 
the  stockholders  in  said  bank  have  three  years  to  settle  or  litpiidate  the  business ;  and  that 
all  persons  holding  the  notes  of  said  bank  shall  present  them  to  said  bank  for  payment  within 
three  years,  or  afterwards  they  will  be  barred  ;  that  said  stockholders  shall  have  all  the  privi 
leges  conferred  by  their  charter  which  are  necessary  to  the  collecting  the  debts  and  liquidating 
said  bank,  and  that  said  bank  be  exempted  from  the  tax  imposed  by  its  charter  during  the 
three  years  granted  by  this  act. 

SEC.  2.  Be  it  further  enacted,  That  no  bank  in  this  State  shall  be  employed  to  act  as  a 
fiscal  agent  of  the  State  Avhose  president  and  cashier  and  directors  have  not  been  since  the 
beginning  of  the  rebellion,  and  are  now,  unconditional  Union  men. 

SEC.  3.  Be  it  further  enacted,  That  all  stock  banks  in  this  State  shall  be  allowed  to  sur 
render  their  charters  upon  the  same  terms,  "and  have  the  same  time  allowed  them  in  which  to 
wind  up  their  business  as  is  allowed  by  this  act  to  the  Bank  of  Middle  Tennessee :  Provided, 
That  each  application  shall  be  accompanied  by  a  special  exhibit  of  the  bank,  showing  its 
ability  to  meet  all  its  liabilities. 

SEC.  4.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House,  of  Representatives, 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  JuneS,  1865. 


CHAPTER  XXVII. 

AN  ACT  to  repeal  the  law  apportioning  money  to  division  fairs  and  county  societies! 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  section  284 
of  article  3,  chapter  4,  title  3,  of  the  code  be,  and  is  hereby,  repealed. 

SEC;.  •>.  Be  itfurthtr  enacted,  That  section  290  of  article  4,  chapter  4,  title  3,  of  the  code 
be,  and  is  hereby,  repealed.  , 

SEC.  3.  Be  it  further  enacted,  That  no  Vuoney  shall  he  paid  out  of  the  treasury  for  aiiy  an 
nual  appropriation  to  division  fairs  and  county  societies  that  may  be  due  them,  or  which  they 
may  claim  for  any  past  year  or  years;  and  that  this  act.shall  take  etfect  from  and  after  its 
passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Sneaker  of  the  Senate. 
Passed  June  8   1865 


RECONSTRUCTION TENNESSEE.  37 

CHAPTER  XXVIII. 

AN  ACT  to  supply  lost  deeds  and  title  papers. 

Whereas,  under  the  casualties  of  war,  many  of  the  records  belonging  to  the  several  offices 
•»f  the  registers  of  the  different  counties  in  the  State  have  been  lost  and  destroyed,  and  it  is 
necessary  to  preserve,  as  far  as  possible,  the  muniments  of  title  to  land:  Therefore, 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  present  or  any  sub 
sequent  owner  oi  land  in  this  State  may,  for  the  purpose  of  perpetuating  the  evidence  of  his 
title  to  his  land,  carry  to  any  of  the  registers  of  the  counties  in  this  State  where  his  laud  or 
lands  are  situated  the  original  conveyances  which  may  be  in  his  possession,  or  the  possession 
of  any  one  else,  and  have  the  same  recorded  by  said  register  in  the  register's  books,  together 
with  the  certificate  attached  to  said  original  conveyances  showing  that  it  had  been  previously 
duly  registered ;  and  if  the  owner  of  the  land  should  be  informed  of  the  existence  of  any  original 
conveyance  in  the  possession  of  any  third  party  who  will  not  voluntarily  produce  it  for  regis 
tration,  then  the  register,  on  the  application  of  the  owner  of  the  land  in  writing,  may  cause  a 
subpoena  duces  tecum  to  issue  to  compel  the  holder  to  produce  said  deed  or  conveyance,  so  that 
it'may  be  registered  for  the  security  of  the  title  of  the  claimant  or  owner.  The  register  shall 
receive  the  same  fees  as  now  fixed  by  law  for  similar  services,  to  be  paid  by  the  applicant. 
And  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  tfte  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1865. 


CHAPTER  XXIX. 

AN  ACT  to  modify  the  oath  prescribed  for  liquor  dealers. 

SECTION  1.  Be  it  enacted  ly  the,  general  assembly  of  the  State  of  Tennessee,  That  the  oath 
prescribed  in  article  6,  section  691,  of  the  code  be,  and  is  hereby,  so  amended  as  to  read  as 
follows,  to  wit: 

"I  do  solemnly  swear  (or  affirm)  that  I  will  not,  under  the  license  which  I  am  about  to 
obtain,  knowingly  permit  or  connive  at  any  gaming  for  money,  or  any  other  valuable  con 
sideration,  in  the  house  in  which  I  may  retail  spirits,  or  in  any  other  place  of  which  I  may 
have  control,  either  directly  or  indirectly;  and  if  any  person  should  game  or  bet  to  my 
knowledge,  (and  I  will  exercise  due  diligence  to  know,)  I  will  give  information  thereof  to 
the  grand  jury  of  my  county  at  the  next  term  of  the  court:  So  help  me  God." 

SEC.  2.  Beit  further  enacted,  That  all  persons  now  holding  license  under  said  section  (691) 
may  return  the  same  to  the  clerk  of  their  respective  county  courts,  and  demand  in  lieu  there 
of  (on  payment  of  the  usual  clerk's  fee  for  a  new  license)  a  license  for  their  unexpired  time, 
in  conformity  with  this  act. 

SEC.  3.  Be  it  further  enacted,  That  so  much  of  said  section  as  is  in  conflict  with  this  act  be, 
and  the  same  is  hereby,  repealed. 

SEC.  4.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Passed  May  8,  1865.  Speaker  of  the  Senate. 

CHAPTER  XXX. 

AN  ACT  to  release  the  citizens  from  paying  the  State  and  county  taxes  for  the  years  1862, 

1863,  and  1864.  f 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  people 
of  the  State  of  Tennessee  be,  and  are  hereby,  released  from  the  payment  of  the  State  tax  for 
the  years  1862,  1863,  and  1864  :  Provided,  That  nothing  in  this  act  shall  be  soconstrued  as  to 
refund  to  the  people  any  taxes  already  collected  for  said  years. 

SEC.  2.  Be  it  further  enacted,  That  the  county  courts  of  the  respective  counties  in  this  State 
may  release  the  people  of  their  counties  from  the  payment  of  the  county  taxes  for  the  years 
specified  in  the  first  section  of  this  act:  Provided,  Nothing  in  this  section  shall  be  so  construed 
as  to  refund  any  county  taxes  already  collected. 

SBC.  3.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate 
Passed  June  8,  1865. 


38  RECONSTRUCTION TENNESSEE. 


CHAPTER  XXXI. 

AN  ACT  to  amend  "An  act  to  reform  and  regulate  banking  in  Tennessee,"  passed  February 

<•>,  I860. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  32d 
section  of  said  act  he  so  amended  as  that  the  .surrender  of  charters  of  banks  therein  provided 
for  niiiy  be.  made  to  the  governor  of  the  State  of  Tennessee,  at  any  time  when  the  legislature 
of  said  State  is  not  in  session,  and  that  such  surrender  shall  be,  to  all  intents  and  purposes, 
as  good  and  valid  as  if  made  to  the  legislature. 

SEC.  2.  Be  it  further  enacted,  That  the  same  privileges  mentioned  in  the  first  section  of 
this  act  are  conferred  upon  all  stock  banks  in  the  State,  and  each  and  every  bank  in  the  State 
is  hereby  authorized  and  empowered  to  make  an  assignment  of  the  effects  of  said  bank  or 
banks,  t'o  any  trustee  or  trustees,  receiver  or  otherwise:  Provided,  That  said  assignment  is 
made  so  as  to  give  the  preference  to  the  bill-holders  thereof,  over  all  other  creditors  of  such 
biiuk  or  association:  And  provided,  The  assets  so  transferred  and  assigned  are  made  secure 
in  the  hands  of  the  trustee,  receiver,  or  agent. 

SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXXII.  / 

AN  ACT  to  declare  and  make  valid  certain  acts  of  certain  officers  of  this  State. 

SEC.  1.  Be  it  enacted  by  the  general  assembly  of  the,  State  of  Tennessee,  That  all  process, 
original,  inesne  or  final,  issued  since  the  first  day  of  September,  1863,  by  clerks  de  facto,  act 
ing  in  good  faith,  of  the  county,  circuit,  or  chancery  courts,  Imlden  under  the  true  and  lawful 
government  of  the  State,  or  under  authority  of  the  United  States,  be,  and  is  hereby  declared, 
good  and  valid  in  law. 

SEC.  2.  Be  it  further  enacted,  That  all  process  issued  from  said  courts,  since  said  period  of 
time,  served  or  executed  by  any  sheriff,  coroner,  or  constable  de  facto,  and  acting  in  good 
faith,  be,  and  is  hereby,  declared  to  be  legally  served  and  executed  in  law,  and  shall  be  held 
good  and  valid  in  law :  Provided,  No  execution  of  any  order,  judgment  or  decree,  or  sale 
thereunder,  shall  be  deemed  or  taken  to  be  good  or  valid  in  law,  unless  said  court  had  juris 
diction  thereof,  and  said  order,  judgment  or  decree,  or  sale  thereunder,  was  valid  and 
binding  in  law. 

SEC.  3.  Be  it  further  enacted,  That  the  governor  of  the  State  be,  and  is  hereby,  authorized 
to  commission  all  officers  elected  in  the  county  of  Carroll,  under  the  proclamation  of  Andrew 
Johnson,  military  governor  of  the  State  of  Tennessee,  on  the  first  Saturday  in  March,  1864, 
and  that  the  county  and  circuit  courts  of  said  county  take  all  proper  bonds  of  th  said 
officers,  and  qualify  them  according  to  law. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1865. 


CHAPTER  XXXIII. 

AN  ACT  to  provide  for  the  payment  of  the  governor's  staff. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  of  the 
State  shall  keep  an  account  with  the  officers  composing  th?  governor's  staff,  and  shall  settle 
with  them  every  two  months,  and  shall  issue  his  warrant  upon  the  treasurer  for  the  amount 
due  them  from  time  to  time ;  and  that  this  act  shall  take  effect  from  and  after  the  date  of  its 
passage. 

WILLIAM   HEISKELL, 
Speaker  of  tin  House  of  Reprtstnfatvott. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  9,  1865. 


RECONSTRUCTION TENNESSEE.  39 

CHAPTER  XXIV. 

AN  ACT  to  apportion  the  representation  in  the  Congress  of  the  United  States. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  coun 
ties  of -Johnson,  Carter,  Sullivan,  Washington,  Hawkins,  Hancock,  Green,   Cocke,  Jeffer-  ,_ 
son,  Granger,  and  Sevier  shall  compose  the  first  congressional  district  of  this  State. 

The  counties  of  Claiborne,  Union,  Knox,  Campbell,  Scott,  Morgan,  Anderson,  Blount, 
Monroe,  Polk,  McMiun,  Bradley,  and  Roane  shall  compose  the  second  congressional  district 
of  this  State. 

The  counties  of  Meigs,  Rhea,  Hamilton,  Marion,  Grundy,  Bledsoe,  Van  Buren,  Sequatchie, 
Warren,  White,  Smith,  Cumberland,  Putnam,  Jackson,  Macon,  Overton,  DeKalb,  and  Fen- 
tress  shall  compose  the  third  congressional  district  of  this  State. 

The  counties  of  Rutherford,  Cannon,  Coffee,  Franklin,  Lincoln,  Bedford,  Marshall,  and 
Giles  shall  compose  the  fourth  congressional  district  of  this  State. 

The  counties  of  Williamson,  Davidson,  Wilson,  Sumner,  Robertson,  and  Cheatham  shall 
compose  the  fifth  congressional  district  of  this  State. 

The  counties  of  Lawrence,  Wayne,  Hard  in,  Decatur,  Perry,  Lewis,  Maury,  Hickman, 
Humphreys,  Dickson,  Montgomery,  and  Stewart  shall  compose  the  sixth  congressional  dis 
trict  of  this  State.  • 

The  counties  of  Benton,  Henry,  Weakley,  Obion,  Dyer,  Gibson,  Lauderdale,  Henderson, 
and  Carroll  shall  compose  the  seventh  congressional  district  of  this  State. 

The  counties  of  McNairy,  Hardeman,  Fayette,  Shelby,  Tipton,  Madison,  and  Haywood 
shall  compose  the  eighth  congressional  district  of  this  State. 

SEC.  2.  Be  it  further  enacted,  That  sections  two,  three,  and  four  of  an  act  of  the  general 
assembly  of  this  State,  passed  the  '20th  day  of  February,  1852,  entitled  "An  act  to  appor 
tion  the  representation  in  the  Congress  of  the  United  States,"  be,  and  the  same  is  hereby, 
revived,  and  the  same  shall  govern  and  control  all  persons  therein  named. 

SEC.  3.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  9,  1865. 

CHAPTER  XXXV. 

AN  ACT  to  secure  the  funds  provided  for  public  education. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  pres 
ent  funds  in  coin  belonging  to  the  Bank  of  Tennessee  be  invested  by  the  governor,  secre 
tary  of  State,  and  comptroller,  in  United  States  or  Tennessee  bonds,  and  be  subject  to  future 
legislative  control. 

SEC.  2.  Be  it  further  enacted,  That  the  governor,  secretary  of  state,  and  comptroller  ot 
the  State  be  authorized  to  employ  such  agencies  as  they  may  deem  necessary  for  the  pur 
pose  to  investigate  into  the  assets  of  the  Bank  of  Tennessee,  and  to  ascertain  and  schedule 
the  amount  and  value  thereof,  and  that  the  sum  of  ($1,500)  fifteen  hundred  dollars,  if  so 
much  be  necessary,  be,  and  it  is  hereby,  appropriated,  out  of  the  treasury  of  the  State,  to 
meet  the  services  provided  for  by  this  section. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  9,  1865. 

CHAPTER  XXXVI. 

AN  ACT  to  pay  the  current  expenses  of  this  session  of  the  general  assembly,  and  for  other 

purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comp 
troller  of  the  treasury  issue  his  warrant  to  each  member  of  the  senate  and  house  of  repre 
sentatives  for  the  sum  stated  to  be  due  to  each  in  the  annexed  report  of  the  committee  on 
finance.  . 

SEC.  2.   Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  the  officers  ot 
senate  and  house  of  representatives,  viz:  To  E.  P.  Cone,  principal  clerk,  senate,  71  days, 
$426;  H.  G.  Flagg,  engrossing  clerk,  senate,  71  days,  $426;  G.  O.  Cate,  doorkeeper,  srn.-ttt-, 
71  days,  $284 ;  H.   W.  Barr,  messenger,  senate,  $64  ;  James  T.  Shelley,  principal  clerk, 


40  RECONSTRUCTION — TENNESSEE. 

house  of  representatives,  38  days,  $223;  E.  A.  James,  principal  clerk,  house  of  representa 
tives,  :>>'•'>  days,  sl'.H:  Joseph  P.  Galbraith,  assistant  clerk,  house  of  representative-;,  71  days, 
$42(>;  G.  W.  Blackburn,  engrossing  clerk,  house  of  repreaentatirea,  71  days,  $426;  A.  Hill, 
doorkeeper,  house  of  representatives,  71  days,  §W4  ;  J.  L.  Martin,  assistant  doorkeeper, 
house  of  representatives,  71  days,  s^S4. 

.  SEC.  3.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrants  to 
the  following  persons  for  stationery,  &c.,  &«-.:  To  John  Wallace  &  Co.,  ninety-one  dollar*- 
to  Thomas  Wells,  three  hundred  and  fifty-five  dollars  and  fifty  cents;  to  William  T.  Berry 
&  Co.,  four  hundred  and  fifty-one  dollars  and  sixty -five  cents. 

Si.c.  4.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  Samuel  R.  Rod- 
gers,  speaker  of  the  senate,  for  the  hem-tit  of  Abraham  Smith,  a  free  man  of  color,  for  at 
tending  to  the  water-closet  during  (he  session,  for  the  sum  of  two  dollars  per  day. 

SEC.  5.  Be  it  further  enacted.  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
Samuel  R.  Rodgers,  speaker  of  the  senate,  for  two  hundred  and  eighty-four  dollars  for  the 
services  of  David  Skaggs,  for  attending  in  the  senate  as  porter  and  messenger,  seventy-one 
days. 

SEC.  C.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
William  Heiflkell,  speaker  of  the  house  of  representatives,  for  the  sum  of  one  hundred  and 
forty-two  dollars ;  and  two  hundred  and  thirteen  dollars  for  the  services  of  Bryce  B.  Rouls- 
ton  and  Buck  Lewis,  for  attending  upon  the  house  of  representatives. 

SEC.  7.  Be  it  further  enacted,  That  the  principal  clerk  of  the  senate  shall  remain  a  suffi 
cient  time  after  the  adjournment  to  file  the  papers  of  the  senate  in  the  office  of  the  secretary 
of  State,  and  close  his  business,  for  which  he  shall  be  allowed  his  per  diem;  and  that  the 
said  clerk  be  allowed  thirty  cents  per  page  for  copying  the  unfinished  journal,  and  that  the 
comptroller  issue  his  warrant  for  the  same. 

SEC.  8.  Be  it  further  enacted,  That  E.  A.  James,  principal  clerk  of  the  house  of  represent 
atives,  shall  remain  a  sufficient  time  after  the  adjournment  to  file  the  papers  of  the  house  of 
representatives  in  the  office  of  the  secretary  of  State  and  close  his  business,  for  which  he 
shall  be  allowed  his  per  diem ,  and  that  the  said  clerk  be  allowed  thirty  cents  per  pao-e  for 
copying  the  unfinished  journal,  and  that  the  comptroller  issue  his  warrant  for  the  same. 

SEC.  9.  Be  it  further  enacted.  That  the  comptroller  issue  his  warrant  and  pay  the  several 
publishers  of  the  city  papers  for  the  papers  actually  furnished  the  general  assembly  and  laid 
upon  the  tables  of  each  member  every  day  of  the  session,  at  the  current  subscription  price  of 
the  same :  Provided,  Said  payment  shall  be  in  accordance  with  a  resolution  passed  by  the 
present  session  of  the  general  assembly  regulating  the  number  of  papers  each  member  shall 
receive  at  the  expense  of  the  State. 

SEC.  10.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
cover  the  cost  and  expenses  of  sundry  articles  furnished  for  the  use  of  the  capitol,  ordered 
by  his  predecessor. 

SEC.  11.  Be  it  further  enacted,  That  the  secretary  of  state  cause  one  copy  of  the  acts  and 
journals  of  the  present  general  assembly  to  be  bound  for  each  member  of  both  the  houses  and 
the  officers  of  the  same,  and  distribute  with  the  other  acts  and  journals. 

SEC.  12.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  E.  P.  Cone,  prin 
cipal  clerk  of  the  senate,  and  E.  A.  James,  principal  clerk  of  the  house  of  representatives, 
for  fifty  dollars  for  preparing  an  index  to  senate  journal,  and  fifty  dollars  for  preparing  an 
index  to  house  journal  of  the  present  session  of  the  legislature. 

Sr.c.  13.  Be  it  further  enacted,  That  the  governor  and  comptroller  of  the  treasury  examine 
the  account!  of  job  printing  executed  for  the  general  assembly,  and  pay  the  same  according 
to  the  rate  specified  by  law,  out  of  any  money  in  the  treasury  not  otherwise  appropriated" 
Sr.r.  14.  Be  it  further  enacted,  That  the  sum  of  one  thousand  dollars  be  allowed  the  treas 
urer  tor  the  purpose  of  procuring  necessary  office  furniture  for  the  preservation  of  the  records 
01  his  office)  and  that  the  comptroller  issue  his  warrant  for  the  same. 

SEC.  15.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
E.  A.  .James  for  two  hundred  and  fifty  dollars  for  extra  clerk-hire. 

Sue.  1C.,  lie  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  the  treasurer  for 
the  sum  of  one  hundred  dollars  per  annum,  as  compensation  for  preserving  the  furniture  of 
the  senate  chamber  and  the  house  of  representatives. 

Sr.c.  17.  llr,  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
William  Heiskell,  for  the  use  of  the  family  of  Samuel  M.  McCammon,  elected  as  a  member 
ot  the  house  of  lepresentatives,  who  came  to  Nashville  to  take  his  seat  from  Kuoxville.  but 
died  without  doing  so,  for  eighty-three  dollars  and  fifty  cents,  for  his  mileage  from  Knox- 
ville,  a  distance  of  live  hundred  and  twenty-two  miles. 

Si:c.  is.  lif  it.  fitrt hr r  <  uncled,  That  the  comptroller  issue  his  warrant  to  the  Nashville  Gas 
light  Company  for  any  amount  due  them  for  gas  furnished  at  the  capitol. 

Sr.c.  IS).  Be  it  further  enacted,  That  the  sum  of  ten  thousand  dollars  be,  and  the  same  is 
hereby,  appropriated  for  the  purpose  of  purchasing  material  for  the  prisoners  in  the  peniten 
tiary,  so  as  to  enable  the  keeper  and  inspectors  to  put  them  to  work,  and  for  the  payment  of 
the  necessary  expenses  of  said  penitentiary,  and  that  they  report  to  the  general  assembly  as 
to  how  the  money  has  been  expended,  and  the  treasurer  pay  the  amount  so  appropriated  out 


RECONSTRUCTION — TENNESSEE.  41 

of  any  money  in  the  treasury  not  otherwise  appropriated,  and  that  the  inspectors  receive  five 
dollars  per  day  tor  each  and  every  day  when  engaged  in  the  performance  of  their  duties. 

SEC.  20.  Be  it  further  enacted,  That  the  further  sum  of  twenty  thousand  dollars  be,  and 
the  same  is  hereby,  appropriated  for  the  expenses  and  support  of  the  Tennessee  hospital  for 
the  insane  for  the  current  year,  in  addition  to  the  sums  received  from  pay  patients  of  that 
institution. 

SEC.  21.  Be  it  further  enacted,  That  the  comptroller,  under  the  supervision  of  the  gov 
ernor  of  the  State,  take  and  state  an  account  of  the  receipts  and  disbursements  of  the  super 
intendent  of  the  blind  school,  and  on  the  exhibition  of  vouchers  of  a  properly  authenticated 
character,  and  upon  being  entirely  satisfied  that  a  balance  is  due  said  superintendent,  the 
comptroller  issue  a  warrant  upon  the  treasurer  for  the  same,  not,  however,  to  exceed  the 
sum  of  eleven  hundred  dollars. 

SEC.  22.  Be  it  further  enacted,  That  the  sum  of  five  thousand  dollars  is  hereby  appropri 
ated  for  the  repairing  and  putting  into  operation  the  deaf  and  dumb  school  at  -Knoxville,  said 
appropriation  to  be  under  the  direction  of  the  governor  and  the  loyal  trustees  of  said  institu 
tion  ;  and  the  comptroller  shall  issue  his  warrant  upon  the  treasurer,  from  time  to  time,  for 
such  sums  as  the  governor  and  said  trustees  may  direct. 

SEC.  23.  Be  it  further  enacted,  That  the  comptroller  examine  the  accounts  of  Sampson  &. 
Go.,  for  coal  furnishedthe  general  assembly,  and,  under  the  supervision  of  the  governor,  issue 
his  warrants  for  any  amounts  due  them. 

SEC.  24.  Be  it  further  enacted,  That  the  secretary  of  state  be,  and  is  hereby,  authorized 
to  employ  a  porter  to  the  capitol,  at  the  rate  of  two  dollars  per  day,  to  hold  his  office  at  the 
pleasure  of  the  said  secretary;  that  the  comptroller  issue  his  warrant  to  said  employe,  from 
time  to  time,  for  the  amounts  due  him,  upon  the  certificate  of  the  secretary  of  state. 

SEC.  25.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  A.  J.  Adams  for 
one  hundred  and  forty  dollars,  for  his  services  as  assistant  engrossing  clerk,  for  thirty-five 
days,  at  four  dollars  per  day. 

SEC.  26.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  George  O.  Cate, 
doorkeeper  of  the  senate,  for  one  hundred  dollars,  for  performing  the  duties  of  messenger  of 
the  senate. 

SEC.  27.  Be  it  further  enacted,  That  the  comptroller  of  the  treasury  issue  his  warrant  to 
Cone  &  Turmoil,  for  thirteen  hundred  and  two  dollars  and  forty -six  cents,  for  stationery  fur 
nished  the  two  houses  of  this  general  assembly. 

SEC.  28.  Be  it  further  enacted,  That  the  secretary  of  state  be,  and  is  hereby,  authorized 
to  furnish  the  adjutant  general  and  quartermaster's  offices  with  necessary  stationery  to  carry 
on  the  business  of  said  offices;  and  the  comptroller  shall  issue  his  warrant,  from  time  to 
time,  to  the  treasurer  of  the  State,  for  the  necessary  amounts  to  pay  for  said  stationery. 

SEC.  29.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  Stokely,  a  colored 
man,  for  services  in  waiting  on  the  senate,  for  the  sum  of  seventy-four  dollars. 

SEC.  30.  Be  it  further  enacted,  TFiat  the  comptroller  issue  his  warrant  for  the  sum  of  six 
teen  hundred  and  twenty-three  dollars  and  eight  cents,  for  repairs  and  other  expenses. 

SEC.  31.  Be  it  further  enacted,  That  the  comptroller  issue  his  warrant  to  A.  J.  Fletcher, 
secretary  of  state,  for  ninety  dollars,  for  clerk  hire. 

SEC.  32.  Be  it  further  enacted,  That  the  board  of  trustees  of  the  Tennessee  hospital  for 
the  insane  shall  audit  and  examine  the  accounts  outstanding  against  said  institution, 
counted  from  the  J4th  day  of  March,  1862,  up  to  the  time  W.  P.  Jones  was  made  and  ap 
pointed  superintendent;  and  the  accounts,  when  so  ascertained,  shall,  upon  the  order  of  the 
chairman  of  the  board  of  trustees,  be  paid  ;  and  the  comptroller  shall  issue  Lis  warrant  for 
the  same,  to  be  paid  out  of  any  money  in  the  treasury  not  otherwise  appropriated. 

SKC.  33.  Be  it  further  enacted.  That  section  twelve  of  an  act  passed  January  19,  1838, 
entitled  "An  act  to  establish  a  State  bank  to  raise  a  fund  for  internal  improvements  and  to 
aid  in  the  establishment  of  a  system  of  common  schools,"  be,  and  the  same  is  hereby,  re 
pealed. 

SEC.  34.  Be  it  further  enacted,  That  section  2807  of  the  code  is  hereby  repealed. 
SEC.  35.  Be  it  further  enacted,  That  Willis  Grantham  be  allowed  the  sum  of  one  hundred 
and  forty-one  dollars  and  sixty  cents,  being  his  mileage  and  per  diem,  as  contestant  for  a 
seat  in  the  house,  up  to  the  12th  April,  1865,  and  that  the  comptroller  issue  his  warrant,  and 
the  treasurer  pay  the  same. 

SEC.  36.  Be  it  further  enacted,  That  the  comptroller  be  ordered  to  issue  his  warrant  for  the 
sum  of  two  hundred  dollars,  for  mileage  and  per  diem  to  the  13th  April,  1865,  to  Samuel 
Tigh  of  Shelby  county,  while  contesting  his  seat  in  this  body. 


42 


RECONSTRUCTION — TENNESSEE. 


Report  of  the  Committee  on  Finance,  showing  the  mileage  and  per  diem  allow 
ance  of  the  members  of  the  Senate  and  House  of  Representatives  at  the  first 
session  of  the  34th  general  assembly,  and  the  aggregate  amount  of  each. 


Names  of  senators  and  representatives. 

No.  of 

days. 

Per 

diem. 

Miles  trav 
elled. 

Mileage.    jTotal  am't. 

.       SENATORS. 
Bnfler,  R.  R  

71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 

$284 
2M 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 

560 
85 
100 
342 
800 
700 
50 
106 
1,000 
900 
£20 
120 
660 
412 
424 

|80  00 

27  20 
16  00 
54  72 
128  00 
•  112  00 
8  00 
16  96 
160  00 
144  00 
99  20 
19  20 
105  60 
65  92 
67  24 

$373  60 
311  20 
300  00 
338  72 

412  00 

:;'.»,;  i,u 

202  00 
3IK)  % 
444  00 
428  00 
383  20 
303  20 
389  60 
349  92 
351  24 

FJoHson,  William  

Bowen,  Juliu  AY  

Gate,  A.  M  

Cypert,  Thomas  J  

Case,  Almon  

Frazer,  Z.  W  

Frierson,  J.  B  

]  hirst,  Fielding  

Hall,  W.  K  

Keith,  G.  W  

Lasater,  Robert  E  .  .  . 

McKinney,  C.  J  

MvKUvee,  Thomas  B  

Muse,  Thomas  A  

Nun,  David  A*  

Peart,  B.  R  

71 
71 
71 
71 
71 
71 
71 

284 
284 
284 
284 
284 
284 
284 

130 

570 
576 
60 
'     1,000 

20  80 
91  20 
95  36 
9  60 
160  00 

304  80 
375  20 
379  36 

293  60 
444  00 
—  t  .MI 
304  16 

Randolph,  J.  H  

Senter,  D.  W   C.  

Spence,  William  

Smith,  J.  W  

Trimble,  John  

Wisener,  W.H  

126 

20  16 

Rodovrs,  S.  R.,  speaker  

Vincent,  Myers  

620 

200 
100 

88 

99  20 

32  00 
16  00 
14  08 

99  20 

316  00 
3<!0  oo 
298  08 

REPRESENTATIVES. 

Anderson,  G.  W  

71 
71 
71 

284 

284 
284 

Arnell,  S.  M  

Barton,  William  

]J«md,  William  P*  . 

Brittle,  Gilbert  

71 

71 
71 

284 
284 
284 

90 
560 
126 

14  40 
87  60 
20  16 

298  40 
373  60 
304  16 

Co\vnrt,  R.  11  

Conner,  Ed  

Crutdifirid,  Thomas*  

Copeland,  W.  J  

71 
71 
33 
71 
71 
30 
71 
71 
71 
71 
71 
71 
15 
71 
71 
71 
71 
71 
71 
71 

284 
284 
132 
284 
284 
120 
284 
284 
284 
284 
284 
284 
60 
284 
284 
284 
284 
284 
284 
284 

390           52  40 

336  40 
2M  CO 
22S  00 
380  00 
348  00 
171  20 

373  <;D 
293  60 
3(i3  20 
308  00 

3ii  <;o 

379  36 
(111   (10 
312  80 
303  20 
355  36 
322  40 
399  20 
298  40 

•I'-W    QO 

Carter,  S.  J  

Dillen,  Joseph  R  

600 
600 
400 
320 
560 
60 
120 
150 
360 
596 

96  00 
96  00 
64  00 
51  20 
89  60 
9  60 

r.i  -jo 

24  00 
57  60 
95  36 

Duggan,  Wilson  

Donaldson,  .1.11  

l)o\\<|v,  Rufus  • 

1  >oiio||tv,  .James  A  

Elliott,  \Y.  Y  

Fnson,  John  A  

Faulkner,  Asa  

Gaut,  .Jesse  II  

Grove,  (i.  II  

Gillem,  A.  C  

Garner,  W.  A  

180 
120 
446 
240 
720 
90 

2f)9 

•J-      -,. 

19  20 
71  36 
38  40 
115  20 
14  40 
J-;  •:•> 

Gilmer,  .Jeremiah  

Gaines,  G.  W  

Ganvtt,  A.  K  

Griffith,  Samuel  H  

Griminrtt,  YV.  A  

Hood,  James  R.. 

Did  11  ot  take  his  seat. 


RECONSTRUCTION TENNESSEE. 

Report  of  the  Committee  on  Finance — Continued. 


43 


Names  of  senators  arid  representatives. 

No.  of 
days. 

Per 

diem. 

Miles  trav 
elled. 

Mileage. 

Total  am't. 

ITenderson,  J.  M 

71 

$284 

$418 

66  88 

$350  88 

Herman5!   Theodore 

71 

284 

108 

17  28 

301  28 

Hudson,  Joseph  

Inman,  Charles             ..    -.   ..   .... 

71 

17 

284 
68 

50 
600 

8  00 
96  00 

292  00 
164  00 

Jones  Turuey 

35 

140 

624 

99  84 

239  84 

Jones,  James  

71 

284 

'  672 

107  52 

3(J1  52 

Jcirvis,  L.  M                          .                  .    . 

71 

284 

650 

104  00 

388  00 

Fercheval   T   A 

71 

284 

180 

28  00 

312  80 

Maxwell   Thomas 

71 

284 

800 

128  80 

412  00 

McNair,  J  E 

71 

284 

800 

128  00 

412  00 

INliimis   J   U 

71 

284 

572 

91  52 

275  52 

Mason,  Thomas  G  

71 

284 

472 

75  52 

359  52 

Mulloy   J.  S 

71 

284 

90 

14  40 

298  40 

Mullunix  AVilliam 

43 

172 

744 

119  04 

191  04 

Moss,  A.  W  

71 

284 

36 

5  76 

289  76 

Melton   James  M 

71 

284 

600 

96  00 

380  00 

Mullins,  James  

71 

284 

126 

20  16 

304  16 

Norman,  John  

71 

284 

500 

80  00 

364  00 

Nicks  A.  D 

71 

284 

11  20 

295  20 

Puckett,  I.  N  

71 

284 

110 

17  60 

301  60 

Porter   John  

71 

284 

800 

128  00 

412  00 

Pearson  * 

Rogers,  Reuben  

71 

284 

606 

96  36 

380  36 

Raulston,  R.  S 

71 

284 

252 

40  32 

324  32 

Ryder    M   T 

71 

284 

1  000 

160  00 

444  00 

Richards,  P.  S  

71 

284 

1  ,  000 

160  00 

444  00 

Shultz,  J.  R 

71 

284 

640 

102  40 

386  40 

Simmons   \V 

71 

284 

164 

26  24 

310  24 

Smith,  W.  J  

71 

284 

1,100 

176  00 

460  00 

Smith,  F.  A. 

71 

284 

550 

88  00 

372  00 

Steele  Abner  A 

71 

284 

130 

20  80 

304  80 

Snodderly,  A.  A  

71 

284 

580 

92  80 

376  80 

Simmerly,  E  ......      ....    ...... 

71 

284 

760 

121  60 

405  60 

Stcagald    John 

71 

284 

744 

159  04 

403  04 

Scales,  William  

71 

284 

300 

48  00 

:>>:;•,>  i,t) 

Thornburgh   D.  G  -    

71 

284 

572 

91  52 

:;7:>  :,-.» 

Tic'hc    Samuel 

40 

i,  ooo 

160  00 

200  00 

Thomas,  J.  F  

71 

284 

140 

22  40 

306  40 

Thomas,  Dorsey  13.     

71 

284 

134 

21  44 

305  44 

Underwood  C 

71 

284 

500 

80  00 

364  00 

Williams,  Pleas  

71 

284 

774 

123  84 

407  84 

AY  ill  is,  W.  W 

71 

284 

660 

105  60 

389  60 

AViunier  Joseph 

71 

284 

822 

131  52 

415  52 

Waters,  Wallace  

71 

284 

1,196 

191  36 

475  36 

Warren,  S.  L 

71 

284 

240 

38  40 

322  40 

"Waters   \Viison  L 

71 

284 

90 

14  40 

298  40 

AViues,  William  

71 

284 

130 

20  80 

304  80 

Woodcock,  W.  M 

71 

284 

150 

24  00 

308  00 

Wright  William 

71 

284 

52 

8  32 

292  32 

"Woods  James 

Walker,  John  P  

71 

284 

370 

59  20 

343  20 

Woods,  W.  W 

Did  not  take  his  seat. 


WILLIAM  HEISKELL, 


Passed  June  10,1865. 


Speaker  of  the<  House  of  Rrprcsetitutint. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 


44  RECONSTRUCTION—  TENNESSEE. 


CHAPTER  XXXVII. 

AN  ACT  to  change  the  eleventh,  twelfth,  and  fourteenth  judicial  circuits  of  this  State,  and 

for  other  purposes. 

SEC.  1.  Be  it  enacted  by  the,  general  assembly  of  the  State  of  Tennessee,  That  the  counties  of 
AVaviie,  Hickmau,  Perry,  Decatur,  Henderson,  McNairy,  and  Hardin  shall  compose  the 
twelfth  judicial  circuits;  that  the  counties  of  Lawrence,  Giles,  Maury,  Lewis,  and  Marshall 
shall  compose  the  eleventh  judicial  circuit;  arid  that  the  circuit  courts  in  the  county  of  Law 
rence  shall  hereafterbe  held  on  the  fourth  Mondays  in  February,  June,  and  October,  and 
that  the  counties  of  J  lay  wood,  and  Madison  shall  be  attached  to  the  fifteenth  circuit;  and 
the  fourteenth  judicial  circuit  is  hereby  abolished.  \ 

SEC.  2.  Be  it  further  enacted,  That  hereafter  the  circuit  courts  for  the  twelfth  circuit  shall 
be  holden  as  follows:  In  Henderson  county,  first  Mondays  in  March,  June,  and  September; 
McNairy,  second  Mondays  in  March,  June,  and  September;  Hardiu,  third  Mondays  in 
March,  June,  and  September;  Wayne,  fourth  Mondays  in  March,  June,  and  September; 
Hickmsn,  fourth  Mondays  in  April,  July,  and  October;  Decatur,  first  Mondays  in  May, 
August,  and  November. 

SEC.  6.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  ROGERS, 

•  Speaker  of  the  Senate. 

Passed  June  10,  1865. 


'    Private  acts. 
CHAPTER  I. 

AN  ACT  for  the  benefit  of  J.  G.  Frazier,  clerk  of  the  supreme  court  for  the  middle  district 

of  Tennessee. 

Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  treasurer  of  the 
State  of  Tennessee  pay  to  J.  G.  Frazier  the  sum  of  two  hundred  dollars,  out  of  any  money  in 
the  treasury  not  otherwise  appropriated.  This  act  to  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  1,  1865. 


CHAPTER  IL 

AN  ACT  to  incorporate  the  East  Tennessee  Iron,  Coal,  and  Petroleum  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  John  Cald 
well,  John  Baxter,  W.  R.  Patterson,  L.  S.  Trowbridge,  and  R.  H.  Armstrong,  and  their 
associates,  successors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  politic  and 
cm  porn  h«,  by  the  name  and  style  of  the  East  Tennessee  Iron,  Coa),  and  Petroleum  Company, 
and  by  that  name  shall  have  succession  for  ninety-nine  years,  and  shall  be  competent  to  sue 
and  be  sued  in  any  court  of  equity  or  law  whatever:  to  have  and  use  a  common  seal,  and  M 
alter  the  same  at  pleasure:  to  establish  and  change  any  by-laws  for  the  government  of  said 
company ;  to  purchase,  hold,  and  dispose  of  such  real  estate,  leases,  mines,  minerals,  iron, 
coal  oil,  and  personal  property,  as  may  be  necessary  for  the  legitimate  transaction  of  their 
business;  to  mine,  forge,  roll,  smelt,  work,  manufacture,  refine  and  vend  said  minerals,  coal, 
iron,  oil,  and  products  thereof,  and  issue  such  numbers  of  shares  of  the  stock  of  said  com 
pany,  at  the  representative  par  value  thereof,  as  may  be  ordered  by  a  vote  of  said  company, 
to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  shares  of  stock  of  the  cor 
poration  for  such  mining  interest  or  interests  in  all  real  estate,  as  may  be  necessary  to  pur 
chase  or  lease  for  the  operation  of  the  works  of  the  company;  and  generally  to  have,  enjoy, 
and  exercise  all  rights  and  privileges  incident  to  corporations,  except  the  right  to  issue  notes 
or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  or 
mines  or  minerals,  lands  or  leases,  iron,  coal  or  petroleum,  or  leases,  situated  in  this  State,  or 
elsewhere,  a  separate  and  distinct  interest  of  each  mine,  bed,  field,  vein,  or  deposit,  or  lease, 


RECONSTRUCTION — TENNESSEE.  45 

may  be  created  under  some  name  to  distinguish  the  same,  and  in  like  manner  may  organize 
under  and  enjoy,  as  a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first 
section  of  this  act. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  flcpresentiit ives. 
•     SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  12,  3865. 


CHAPTER  III. 

AN  ACT  to  incorporate  the  Raulstou  Oil  and  Salt  Company. 

SECTION  1.  Beit  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Hugh  L.  W. 
Raulston,  George  F.  Smith,  D.  H.  Throup,  J.  M  Judson,  Samuel  Canby,  D.  T.  Cockrill 
S.  H.  Judson,  Charles  13.  Ingles,  and  R.  S.JJaulston,  and  their  associates,  successors  and 
assigns,  be,  and  they  are  hereby,  constituted  a  body  corporate  and  politic,  by  the  name  and 
style  of  the  "Raulston  Coal,  Iron,  Oil  and  Salt  Company,"  and  by  that  name  and  style 
shall  have  succession,  with  power  to  contract  and  be  contracted  with,  sue  and  be  sued  in 
that  name  in  all  courts  and  places  ;  to  have  a  common  seal;  to  engage  in  mining  and  boring 
for  petroleum  or  rock  oil,  salt  water,  and  other  valuable  minerals  ;  and  with  manufacturing, 
refining,  and  selling  oil,  salt,  and  other  products  of  said  business,  and  of  the  lands  owned, 
or  which  may  hereafter  be  owned  by  them,  in  this  State;  to  hold  their  meetings,  and  trans 
port  and  self  their  oil,  salt,  and  other  products,  within  or  without  the  State,  and  to  have  all 
other  powers  needful  and  proper  for  the  successful  prosecution  of  the  business,  and  for  the 
execution  of  the  power  herein  granted. 

SEC.  2.  Beit  further  enacted,  That  said  corporation  may  organize  said  company  by  the  • 
appointment  of  a  president,  and  such  other  officers  and  managers  as  they  may  deem  neces 
sary,  at  such  times  and  places  as  they  may  designate  by  notice  previously  given,  and  when 
thus  organized,  the  said  company  shall  have  power  to  mak^e  such  by-laws,  rules  and  regula 
tions  as  they  may  deem  necessary  from  time  to  time  for  the  government  and  prosecution  of 
the  business  of  said  corporation,  not  inconsistent  with  (he  Constitution  and  laws  of  the 
United  States  and  of  this  State. 

SKC.  o.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hun 
dred  and  fifty  thousand  dollars,  and  that  said  company  shall  have  power  to  increase  the  same, 
from  time  to  time,  not  exceeding  one  million  dollars. 

SEC.  4.  Be  it  further  enacted,  Tha't  said  company  may  buy,  lease,  or  rent,  any  suitable 
lands,  mines,  oil,  or  salt  rights  and  privileges,  rights  of  way,  and  other  property  necessary 
for  tbeir  business,  and  may  dispose  of  the  same,  or  any  portion  of  it,  by  sale  or  otherwise. 
They  may  receive  real  estate,  households,  mining,  and  boring  rights,  and  rights  of  way,  in 
payment  of  such  part  of  subscription  as  they  may  deem  advisable.  Said  company  may  erect 
and  build  on  any  of  the  lands  such  buildings,  engines,  machinery,  and  fixtures,  as  may  be 
deemed  convenient  and  proper  for  carrying  on  arid  conducting  the  business  of  said  corpora 
tion. 

SEC.  5.  jBe  it  further  enacted,  That  this  charter  shall  expire  or  cease  at  the  expiration  of 
ninety-nine  years  after  its  passage,  and  the  right  to  repeal,  alter,  or  amend  this  charter,  is 
reserved  to  the  general  assembly. 

SEC.  6.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  upon  similar  corporations  in  this  State. 

SEC.  7.  Be  it  further  enacted.  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representative*, 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  May  25,  1865. 


CHAPTER  IV. 

AN  ACT   to  develop  the  various  oil  and  mineral  interests  of  the  State  of  Tennessee,  and 

for  other  purposes. 

SEC.  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennescc,  That  D.  C.  Trewhitt, 
James  R.  Hood,  Thomas  W.  Yarley,  P.  M.  Ferringtou,  John  A.  Spooner,  A.  A.  Pearson, 
Edward  S.  Jones,  William  E.  Merrill,  George  D.  Emerson,  and  Freeniorton^Young,  who 
now  constitute  a  voluntary  association  under  the  name  and  style  of  "The  East  Tennes 
see  Petroleum  Company,"  and  their  successors,  be,  and  are  hereby,  incorporated  a  body 
politic,  under  the  name  and  style  of  "The  East  Tennessee  Petroleum  Company,"  under  and 


46  RECONSTRUCTION TENNESSEE. 

by  which  name  said  body  politic  shall  transact  its  business,  and  by  which  name  said  corpo 
ration  shall  be  known,  sue  and  be  sued,  plead  and  be  impleaded,  and  shall  have  a  common 
seal. 

SEC.  2.  Beit  further  enacted,  That  said  corporation,  as  such,  is  hereby  freely  authorized 
and  empowered  to  acquire  by  lease  or  purchase  any  and  all  such  lands  and  mineral  interests 
for  the  purpose  of  raising,  producing,  and  manufacturing' petroleum,  coal,  iron,  salt,  silver, 
copper,  and  any  and  every  other  valuable  mineral  within  the  State  of  Tennessee  and  such 
other  places  as  said  company  may  deeui  to  their  interest:  and  do  and  perform  any  and  all 
such  other  acts  and  things  as  may  be  necessary  and  expedient  to  prosecute  successfully  the 
business  of  said  corporation. 

SEC.  3.  Be  it  further  enacted,  That  said  company  shall  also  have  power,  for  the  government 
of  said  company  and  its  business,  to  elect  one  president  and  such  other  officers  as  said  com 
pany  may  desire  and  deem  expedient,  and  prescribe  their  qualification  and  term  of  office. 

SEC.  4.  Be  it  further  enacted,  That  the  principal  office  of  said  company  shall  be  at  Chatta 
nooga,  with  power  vested  in  the  company  to  establish  such  branches  at  "such  other  places  as 
they  may  direct,  and  also  to  change  the  principal  office  of  the  company  at  such  time  and  to 
such  other  place  as  the  directors  or  th«  company  may  desire. 

St:c.  5.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  one  million 
dollars,  divided  into  one  hundred  thousand  shares  of  ten  dollars  each.  This  company  shall 
have  and  is  hereby  invested  with  power  to  make  such  by-laws,  rules,  and  regulations,  con 
sistent  with  the  charter,  as  they  may  see  proper  for  the  government  and  control  of  the  com 
pany.  The  company  has  power  to  reopen  books  for  subscription  and  sale  of  stock,  and 
other  purposes,  at  such  times,  places,  and  manner  as  the  directors  may  direct,  and  may  make 
such  sales  and  transfers  of  stock  as  the  directors  of  the  company  may  direct. 

SEC.  6.  Be  it  further  enacted,  That  this  company  shall  have  power  to  increase  the  capital 
stock  of  the  company  to  any  amount,  and  at  any  time  the  company  may  desire  to  do  so,  to 
the  extent  of  five  million  dollars. 

SEC.  7.  Be  it  further  enacted,  That  this  corporation  franchise  and  privilege  shall  continue, 
be,  and  exist  for  the  period  of  ninety-nine  years  to  the  persons  above  named  as  incorporated 
and  their  successors.  • 

SEC.  8.  Be  it  further  enacted,  That  the  property  and  effects  and  vested  rights  of  the  several 
parties  herein  incorporated  as  they  exist  under  said  voluntary  association  are  hereby  trans 
ferred  to  and  secured  to  this  corporation. 

SEC.  9.  Be  it  further  enacted,  That  the  stockholders  are,  jointly  and  severally,  individually 
liable,  at  all  times,  for  all  moneys  due  and  owing  to  their  laborers,  employes,  and  appren 
tices,  for  services  performed  for  such  corporation. 

SEC.  10.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations. 

SEC.  11.  This  act  to  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Erprtsentat ires. 
SAMUEL  II.  RQDGEB8, 

Speaker  of  the  Senate. 

Passed  May  30,  1865. 

CHAPTER  V. 

AN  ACT  to  incorporate  the  Bridgeman  Oil  and  Salt  Company. 

SECTION  1 .  Be  it  enacted  by  the.  general  assembly  of  the  State  of  Tennessee,  That  Benjamin  F. 
Bridgem&n,  David  Clege.  and  their  associates,  successors  and  assigns,  be,  and  they  are 
hereby,  constituted  a  body  corporate  and  politic,  by  the  name  and  style  of  "  Bridgeman  Coal 
Oil  and  Salt  Company,"  and  by  that  name  and  style  shall  have  succession  for  ninety-nine 
y<  ftra,  \vith  power  to  contract  and  be  contracted  with  ;  sue  and  be  sued  in  that  name  in  all 
(.•units  and  places  ;  to  have  a  common  seal ;  to  eno-age  in  mining  and  boring  for  petroleum  or 
rock  oil,  salt  water,  and  other  valuable  minerals,  and  in  the  manufacturing,  refining,  pre- 
paiing  fur  market,  transporting  and  selling  oil  and  salt,  and  other  products  of  said  biu 
niid  of  the  lands  now  owned  or  which  may  hereafter  be  owned  by  them  in  this  State  ;  to  hold 
their  meetings  and  transport  and  sell  their  oil,  salt  and  other  products  within  or  without  the 
State  ;  and  to  have  all  other  powers  needful  and  proper  for  the  successful  prosecution  of  their 
business  and  for  the  execution  of  the  powers  Jieiein  granted. 

SEC.  2.  Be  it  further  enacted,  That  said  corporation  may  organize  said  company  by  the  ap 
pointment  of  a  President  and  such  other  officers  and  managers  as  they  may  deem  necessary 
at  such  time  and  place  as  they  may  designate  by  notice  previously  given  ;  and  when  ilia's 
orpmi/ed,  the  said  company  shall  have  power  to  make  such  by-laws,  rules,  and  regulations 
as  thev  may  deem  necessary  from  time  to  time  for  the  government  and  prosecution  of  the 
business  oi  said  corporation,  not  inconsistent  with  the  Constitution  and  laws  of  the  United 
States  and  of  this  State. 


RECONSTRUCTION — TENNESSEE.  47 

SEC.  3.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hundred 
and  fifty  thousand  dollars,  and  said  company  shall  have  power  to  increase  the  same  from  time 
to  time,  uot  exceeding  one  million  of  dollars. 

SEC.  4.  Be  it  further  enacted,  That  the  said  company  may  buy,  lease,  or  rent  any  suitable 
lands,  mines,  oil  and  salt  rights  and  privileges,  rights  of  way,  and  other  property  necessary 
for  their  business,  and  may  dispose  of  the  same,  or  any  portion  of  it,  by  sale  or  otherwise. 
They  may  receive  real  estate,  leaseholds,  mining  and  boring  rights,  and  rights  of  way,  in  pay 
ment  of  such  part  of  subscriptions  as  they  may  deem  advisable.  Said  company  may  erect 
and  build  on  any  of  their  lands  such  buildings,  engines,  machinery,  and  fixtures  as  may  be 
deemed  convenient  and  proper  for  carrying  on  and  conducting  the  business  of  said  corporation. 
SEC.  5.  Be  it  further  enacted,  That  this  charter  shall  expire  at  the  expiration  of  ninety-nine 
years  from  its  passage,  and  that  the  right  to  repeal,  alter,  or  amend  this  charter  is  reserved  to 
the  general  assembly. 

SEC.  6.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
£  SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  May  30,  1865. 

CHAPTER  VI. 

AN  ACT  to  charter  the  Tennessee  Express  Company. 

SEC.  1 .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  A.  Blizard,  M.  L. 
Phillips,  G.  W.  Ross  and  their  associates,  are  hereby  incorporated  as  a  body  politic  and  in 
corporate,  under  the  name  and  style  of  the  "Tennessee  Express  Company,"  for  the  pur 
pose  of  carrying  and  shipping  goods,  wares,  and  merchandise,  letters  and  private  matter, 
money,  or  anything  else  which  may  be  desired  of  said  company  to  carry,  ship,  or  transport 
on  any  railroad  or  railroads  in  the  State  of  Tennessee  or  elseAvhere. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  ten  thousand 
dollars,  more  or  less,  as  may  be  necessary  to  carry  out  the  object  of  said  company,  and  one 
hundred  dollars  shall  constitute  one  share  of  stock  in  said  company  ;  and  so  soon  as  said 
sum  of  ten  thousand  dollars  shall  have  been  subscribed,  the  company  may  meet  at  such  time 
and  place  as  they  may  deem  proper,  for  the  purpose  of  electing  a  president,  secretary,  and 
treasurer,  who  shall  forever  thereafter  hold  their  offices  for  one  year  and  until  their  successors 
are  elected  and  qualified  ;  and  by  that  name  shall  be  capable  in  law  and  equity  of  purchasing, 
holding,  selling,  leasing,  and  conveying  estate,  real,  persona,!,  and  mixed,  so  far  as  the  same 
may  be  necessary  for  the  purposes  of  said  corporation  to  carry  on  and  conduct  the  business 
of  said  company  to  the  advantage  of  the  stockholders  ;  and  by  "that  name  may  sue  and  be 
sued  and  plead  and  be  impleaded,  and  shall  exercise  all  the  powers,  rights,  privileges,  and 
immunities  which  other  corporate  bodies  may  lawfully  do  for  the  purposes  mentioned  in  this 
act. 

SEC.  3.  Be  it  further  enacted,  That  the  officers  mentioned  in  the  second  section  of  this  act 
shall  be  elected  by  the  stockholders  of  the  company,  and  each  stockholder  shall  be  entitled 
to  cast  one  vote  in  person  or  by  proxy  for  each  share  of  stock  owned  by  him  ;  and  the  presi 
dent,  secretary,  and  treasurer  shall  be  stockholders  of  said  company  ;  and  the  company  shall 
have  power  to  make  such  by-laws  and  rules  as  they  may  deem  proper  for  the  government  of 
the  company  and  the  business  thereof,  not  inconsistent  with  the  constitution  and  laws  of  this 
State  or  of  the  United  States,  and  shall  also  have  power  to  use  a  common  seal,  aud»to  alter 
or  change  the  same  at  pleasure. 

SEC.  4.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  company  to  keep  all  such 
books  as  may  be  necessary  for  the  transaction  of  its  business ;  and  all  transfers  of  stock  by 
any  stockholder  shall  be  made  upon  the  books  of  said  company,  for  the  inspection  of  'all  the 
stockholders,  and  a  majority  of  all  the  stockholders,  including  the  president,  at  any  meeting, 
shall  be 'competent  to  act  and  transact  the  business  of  the  company. 

SEC.  5.  Be  it  further  enacted,  That  said  company  shall  be  deemed  and  held  liable  for  any 
loss  or  damage  caused  by  the  negligence,  carlessuess,  or  wilful  misconduct  of  the  same,  or 
any  of  its  officers,  agents,  or  employes,  to  be  recovered  by  any  person  aggrieved  thereby. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  company  to  carry  and  con 
vey  all  goods,  wares,  «aud  merchandise  and  packages  received  by  them  for  shipment,  in  the 
turn  in  which  the  same  was  received  by  them,  and  in  default  thereof,  and  loss  or  damage  is 
sustained  by  the  owner  of  the  same,  said  company  shall  be  held  liable  for  such  injury :  Pro 
vided,  Such  delay  or  irregular  shipment  was  not  caused  by  the  request  of  the  owner  of  said 
goods  or  packages  or  his  agent.  And  said  company  or  agents  shall  receipt  the  owner  for  all 
goods  or  packages  whatever  when  received. 

SEC.  7.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  give 
banking  privileges  to  said  company. 


48  RECONSTRUCTION — TENNESSEE. 

SEC.  8.  Be  itfurther  enacted,  That  the  right  to  alter,  change,  or  repeal  this  act  is  hereby 
reserved  to  any  subsequent  legislature. 

SEC.  9.  lie  it  further  enacted,  That  this  act  take  effect  from  and -after  its  passage. 

WILLIAM  IIEISKELL, 
Speaker  of  tfie  House  of  Representatives. 
.  SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  3,  1865. 


CHAPTER  VII. 

AN  ACT  to  incorporate  the  Memphis  Ladies'  Institute,  of  Memphis,  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  J.  D. 
Williams,  Mrs.  F.  P.  McGehee,  and  Mrs.  M.  P.  Southworth  be,  and  they  are  hereby, 
constituted  a  body  corporate  and  politic,  under  the  name  and  style  of  "The  Memphis 
Ladies'  Institute,  of  Memphis,  Tennessee,"  and  shall  have  succWsion  for  a  period  of  ninety- 
nine  vears,  unless  said  corporation  is  sooner  dissolved';  and  shall  have  all  the  powers  and  in- 
subject  to  all  the  obligations  and  restrictions  incident  to  private  corporations,  as  provided  in 
article  4,  chapter  2,  and  title  9,  of  the  code  of  laws  of  the  State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  said  corporation  is  hereby  .authorized  to  confer  such 
literary  honors  and  degrees  as  are  usually  conferred  by  the  colleges  and  universities  of  the 
United  States,  and  in  testimony  thereof  to  grant  diplomas  under  the  seal  of  said  corporation  : 
I'rnridcd,  This  power  and  authority  shall  be  under  legislative  control. 

SEC.  :^.  Be.  it  further  enacted,  That  in  said  institution,  and  in  all  literary  societies  con 
nected  therewith,  the  Bible  shall  be  the  standard  of  morals,  and  no  officer  or  teacher  shall 
use  his  or  her  influence  for  sectarian  or  party  ends  or  purposes. 

SEC.  4.  Be  itfurther  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  IIEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  5,  18C5. 


CHAPTER  VIII. 

AN  ACT  to  incorporate  the  Tennessee  Colonial  Company,  for  the  purpose  of  promoting 
emigration,  to  establish  vineyards,  develop  the  mineral  and  other  resources  of  the  State 
of  Tennessee. 

SECTION  ] .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  George  M. 
Mow  bray,  of  Titusville,  Pennsylvania;  George  Wade,  of  the  city  of  New  York;  Henry 
Wise,  of  New  Jersey;  A.  B.  Shanklin,  and  Dr.  Hudson  of  the  city  of  Nashville,  Tennessee, 
and  their  associates  and  successors,  be,  and  they  are  hereby,  created  a  body  politic  and  cor 
porate,  by  the  name  and  style  of  the  "Tennessee  Colonial,  Agricultural,  Mining,  and  Man 
ufacturing  Company ;"  and  by  that  name  shall  have  succession  for  ninety-nine  years,  sue 
and  be  sued,  plead  and  be  impleaded,  and  generally  to  do  every  act  and  thing  necessary  and 
proper  to  carry  out  the  provisions  of  this  act,  and  promote  the  objects  and  designs  of  this 
corporation, 

!<i:r.  2.  Be  itfurther  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hundred 
thousand  dollars,  with  the  privilege  of  increasing  the  same  to  five  hundred  thousand  dollars, 
to  be  divided  into  shares  of  fifty  dollars  each,  and  the  persons  above  named  shall  open  books 
tor  the  subscription  of  stock,  and  when  fifty  thousand  dollars  shall  have  been  subscribed  the 
stockholders  may  meet  and  elect  five  directors,  and  said  directors  shall  elect  one  of  their 
number  president,  and  also  a  secretary. 

Sr.c.  a.  Be  it  further  enacted,  That  the  officers  of  said  company  shall  be  managed  by  a 
board  of  directors,  consisting  of  not  less  than  five  stockholders,  and  such  agents  and  officers 
as  they  may  appoint.  The  president  and  secretary  shall  be  elected  annually  by  the  directors, 


and  laws  of  the  State  of  Tennessee. 

SEC.  4.  J{<  it  Jnrtlur  niact.d,  That  the  s>iid  company  shall  have  full  power  to  purchase, 
hold,  and  dispose  of  real  estate,  lease  lands,  and  do  all  that  is  necessary  for  the  welfare  and 
promotion  ot  the  Tennessee  Colonial,  Agricultural,  Mining,  and  Manufacturing  Company, 
viz:  That  said  company  may  raise  vineyards  and  do  a  general  mining,  boring,  and  man 
ufacturing  business  on  lauds  owned  and  leased  by  said  company,  to  mine,  bore,  forge,  roll, 


RECONSTRUCTION TENNESSEE.  49 

smelt,  manufacture,  transport,  and  vend  in  wines,  minerals,  coal,  iron,  salt,  oil,  &c.  The 
land  to  be  held  by  the  company  shall  form  a  common  stock,  and  shall  be  divided  into 
shares  of  fifty  dollars  each,  and  apportioned  by  the  said  company  among  the  owners  and 
subscribers  of  said  stock  according  to  their  respective  interests. 

SEC.  5.  B!  it  further  enacted,  That  the  officers  and  stockholders  of  said  company  and 
those  emigrating  on  their  lands  shall  enjoy  all  the  rights,  privileges,  and  protection  guaran 
teed  by  the  State  of  Tennessee  under  the  Constitution  of  the  United  States. 

WILLIAM  J1KISKELL, 
Speaker  of  the  House  of  Representatives, 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  18G5. 


CHAPTER  IX. 

AN  ACT  to  incorporate  the  Cairo  and  New  Orleans  Pilots'  Benevolent  Association. 

Whereas  a  number  of  steamboat  pilots,  engaged  in  the  navigation  of  the  Mississippi 
river,  have  formed  an  association  for  the  laudable  purpose  of  increasing  the  skill  and  inform 
ation,  improving  the  character  and  habits,  and  promoting  the  interests  of  all  those  pilots 
intrusted  with  the  control  and  safety  of  steamers  and  other  vessels ;  and 

Whereas  the  immense  and  increasing  commerce  and  navigation  of  the  said  river  demands 
that  suitable  legislative  encouragement  should  be  given  by  this  general  assembly  to  intelli 
gent  and  judicious  efforts  to  lessen  the  dangers  of  the  transportation  of  persons  and  property 
upon  the  said  river  ;  and 

Whereas  the  intrusting  of  the  vessels  used  in  said  navigation  only  to  the  care  of  sober, 
attentive,  skilful,  and  experienced  pilots,  who  have  had  a  regular  and  thorough  training 
in  the  business,  would  greatly  tend  to  enhance  the  security  of  life  and  property  constantly 
at  risk  on  the  steamboats  and  other  vessels  plying  upon  the  western  rivers :  Therefore,  in 
order  to  further  the  objects  and  encourage  the  efforts  of  an  institution  so  useful  and  praise 
worthy  as  the  above-named  association,  and  to  give  efficiency,  perpetuity,  and  dignity  to  the 
same — 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Harrison 
Blasdel,  J.  W.  Pittman,  James  D.  Perry,  Green  S.  Snow,  F.  B.  Montany,  James  W. 
Sayers,  William  Huston,  W.  C.  Page,  Garrison  Wasson,  James  C.  Rhoads,  W.  A.  Wilds, 
W.  A.  Ffale,  and  their  associates  and  successors,  are  hereby  created  a  body  corporate  and 
politic,  by  the  name  and  style  of  the  "Cairo  and  New  Orleans  Pilots'  Benevolent  Associa 
tion  ;"  and  by  that  name  shall  have  succession  for  a  period  of  twenty  years,  and  shall  be 
capable  of  sueing  and  being  sued,  both  at  law  and  in  equity,  in  all  courts  and  places  what 
soever;  and  that  they  and  their  successors  may  have  a  common  seal,  and  may  alter,  change, 
or  destroy  the  same  at  will ;  and  shall  also  be  capable  of  acquiring,  holding,  conveying, 
and  pledging  property,  real,  personal,  and  mixed,  as  may  be  required  for  the  purpose  of  the 
association. 

SEC.  2.  Be  it  further  enacted,  That  said  corporation  shall  have  power  to  make  a  consti 
tution  and  by-laws,  and  to  alter,  change,  or  annul  the  same  at  pleasure,  in  whole  or  in  part : 
Provided,  That  nothing  therein  contained  shall  be  repugnant  to  the  constitution  and  laws 
of  this  State  or  of  the  United  States. 

SEC.  3.  Be  it  further  enacted,  That  said  corporation  shall  have  power  to  erect  a  hall  and 
buildings  suitable  for  its  uses ;  to  purchase,  own,  and  enjoy  a  good  library,  philosophical, 
chemical,  and  other  apparatus,  and  such  things  as  may  be  calculated  to  advance  the  objects 
contemplated  by  this  charter,  which  shall  be  exempt  from  taxation ;  to  procure  the  delivery 
of  lectures;  to  found  and  maintain  a  school;  to  grant  diplomas,  and  to  withdraw  and  annul 
the  same;  to  impose  fines  upon  its  members  for  the  breach  of  any  of  the  provisions  of  the 
constitution  or  by-laws  of  this  association ;  to  levy  contributions  upon  members ;  to  create 
a  fund  to  be  applied  to  the  relief  of  indigent  or  distressed  members,  or  their  families,  and  to 
the  other  objects  named  in  this  section ;  to  censure,  suspend,  fine,  or  expel  a  member,  for 
any  good  cause,  calculated  to  bring  discredit  upon  said  association  ;  and  generally  to  do  all 
such  other  good  things  as  may  be  necessary  to  carry  out  the  objects  of  this  association. 

WILLIAM  HE1SKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  5,  1865. 

4  T 


50  RECONSTRUCTION  -  TENNESSEE. 

CHAPTER  X. 

AX  ACT  incorporating  the  Great  Southwestern  Oil  and  Mining  Company. 

SECTION  1  .  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  James 
W.  Milroy,  William  Glenny,  Shela  Waters,  James  G.  Pratt,  Benjamin  Gonzales,  and  their 
associates,  successors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  politic  and 
corporate,  by  the  name  and  style  of  the  "Great  Southwestern  Oil  and  Mining  Company," 
and  by  that  name  and  style  shall  have  succession  for  ninety-nine  years,  and  shall  be  compe 
tent  to  sue  and  be  sued  in  any  court  of  law  or  equity  whatever  ;  to  have  and  use  a  seal,  and 
alter  the  same  at  will:  to  make  and  change  any  by-laws  necessary  for  the  government  of  the 
company  ;  to  purchase,  hold,  and  dispose  of  such  real  estate,  leases,  mines,  minerals,  iron, 
coal,  oil,  and  personal  property  as  may  be  necessary  for  the  legitimate  transaction  of  their 
business  ;  to  mine,  forge,  roll,  smelt,  work,  manufacture,  refine,  and  sell  said  minerals,  coal, 
iron,  oil,  or  other  products  thereof,  in  or  out  of  this  State,  and  issue  such  number  of  shares 
of  stock  of  said  company  at  the  representative  par  value  thereof,  as  may  be  ordered  by  a  vote 
of  said  company  ;  to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  shares 
of  stock  of  the  corporation  for  such  mining  interests  in  real  estate  or  machinery  for  manufac 
turing  as  may  be  necessary  to  purchase  or  lease  for  the  successful  management  of  the  business 
of  said  company  ;  and  generally  to  have,  enjoy,  and  exercise  all  rights  and  privileges  inci 
dent  to  corporations,  except  the  right  to  issue  notes  or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines,  minerals,  lands,  or  leases,  situated  in  this  State  or  elsewhere,  a  separate  and  distinct 
interest  of  each  mine,  lead,  field,  lien,  deposit,  or  lease,  may  be  created  under  such  name  as 
may  be  adopted,  to  distinguish  the  same,  and  in  like  manner  may  organize  under,  and  enjoy  as 
a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first  section  of  this  act. 

SEC.  3.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  paoMge. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  E.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  5,  1865. 

CHAPTER  XL 

AN  ACT  to  change  a  railroad  fund  into  a  county  fund,  for  Blount  county. 

Whereas  an  act  was  passed  by  the  general  assembly  of  the  State  of  Tennessee,  on  the 
27th  of  January,  1854,  to  authorize  the  county  court  of  Blount  county,  through  their  chair 
man,  to  subscribe  stock  to  the  Kuoxville  and  Charleston  Railroad  Company,  and  levy  a  tax 
on  said  county  to  pay  the  same  on  certain  conditions  ;  and 

Whereas  the  county  court  of  said  county,  in  good  faith,  did  subscribe  said  stock,  and 
levy  said  tax,  and  proceed  to  collect  the  same,  to  the  amount  of  eight  or  ten  thousand  dollars, 
in  the  years  1855,  1856,  1857,  and  1858,  and  the  same  was  cpllected  and  paid  over  to  the 
countfy  treasurer,  as  provided  by  said  act  ;  and 

Whereas  the  railroad  company  failed  to  cany  out  the  provisions  of  said  act,  as  specified 
therein,  the  courts  of  said  county  did  then  proceed  to  loan  said  fund,  which  was  done,  taking 
notes  with  approved  security  ;  and 

Whereas  said  fund  is  still  lying  in  said  condition,  and  likely  to  be  lost,  or  a  portion  ot  it  : 
Therefore  — 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  Kind 
as  set  forth  in  the  foregoing  preamble,  collected  under  the  act  as  set  forth,  may  be  changed 
from  the  railroad  fund  into  a  county  fund,  for  the  use  and  benefit  of  Blount  county,  and  to  be 
under  the  control  and  management  of  the  county  court  of  Blount  county  as  a  general  county 
fund. 

SEC.  2.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  the  county  court  of  Blount  county, 
at  the  first  quarterly  term  after  the  passage  of  this  act—  and  a  certified  copy  of  the  same  being 
present—  to  appoint  or  elect  a  suitable  person  to  collect  said  fund,  in  the  name  of  the  chair 

bor 


man  of  said  county  court,  according  to  the  face  of  the  notes,  as  executed  by  the  parties 
wing  said  fund,  which  notes  are  now  in  the  hands  of  the  trustee  of  said  county. 
SEC.  3.   Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  county  court  to  require  suc 


row 

h 

person  so  appointed  or  elected  to  give  bond  and  approved  security  for  his  faithful  perform 
ance  in  the  collection  and  paying  over  said  fund  into  the  county  treasury,  as  other  county 

!SEC.  4.  Be  it  further  enacted,  That  the  county  court  of  said  county  allow  said  collector  a 
reasonable  allowance  for  his  services,  not  to  exceed  six  per  cent,  on  the  amount  collected. 

SEC.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty  of  said  court  to  require  the  trustee 
of  said  county  to  give  bond  and  approved  security  for  the  faithful  keeping  and  paying  over 
said  fund,  according  to  the  order  of  said  court. 


RECONSTRUCTION TENNESSEE.  51 

SEC.  G.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  construed  so  as  to  interfere 
with  the  original  act  passed  on  the  27th  day  of  January,  1854.  This  act  is  only  intended  to 
change  that  part  of  the  fund  collected  under  the  said  act  and  paid  into  the  treasury  of  Blount 
county  in  the  years  of  1855-'6-'7-'8,  and  no  further. 

SEC.  7.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Kepre.scntatitcs. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  5,  18G5. 


CHAPTER  XII. 

AN  ACT  to  incorporate  the  Tennessee  Fire  and  Marine  Insurance  Company. 

SECTION].  Beit  enacted  ly  the  general  assembly  of  the  State  of  Tennessee,  That  B.  W. 
Sharp,  Rual  Hough,  James  E.  Murryman,  John  W.  Lefhvick,  Calvin  Kelsey,  L.  Helman, 
and  Frank  Taff,  of  the  city  of  Memphis,  together  with  those  who  may  hereafter  become 
stockholders,  as  hereinafter  provided  for,  arc  hereby  created  a  corporation  and  body  politic, 
by  the  name  and  style  of  the  president  and  directors  of  the  "  Tennessee  Fire  and  Marine 
Insiirance  Company,"  and  shall  continue  from  the  first  day  of  May,  1865 ;  and  by  that  name 
are  hereby  made  capable  and  able  at  law  to  have,  purchase,  receive,  possess,  and  enjoy,  re 
tain,  and  control,  to  them  and  their  successors,  lands,  tenements,  rents,  goods,  chattels,  and 
effects,  to  an  amount  not  exceeding  two  hundred  thousand  dollars,  and  the  same  to  sell,  con 
vey,  and  dispose  of;  to  sue  and  be  sued,  to  plead  and  be  impleaded,  answer  and  be  answered, 
defend  and  be  defended,  in  all  courts  and  places  in  this  State  or  elsewhere ;  may  make  and 
use  a  common  seal,  and  the  same  to  break,  alter,  or_ renew  at  will ;  to  ordain,  establish,  and  put 
into  execution  such  by-laws,  ordinances,  and  regulations  as  shall  be  deemed  necessary  and 
convenient  for  the  government  of  said  corporation,  not  contrary  to  the  laws  of  this  State,  and 
generally  to  do  all  acts  and  things  that  a  corporation  may  lawfully  do. 

SEC.  2.  That  the  persons  named  in  the  first  section  of  this  act,  or  a  majority  of  them, 
shall  open  books  of  subscription  for  the  stock  in  said  company,  which  stock  shall  consist  of 
two  thousand  shares  of  one  hundred  dollars  each,  payable  in  the  lawful  currency  of  the 
United  States,  and  at  the  time  of  subscribing  they  shall  have  the  right  to  demand  and  receive 
twenty  dollars  on  each  share  subscribed  for,  and  have  secured  the  residue  to  the  satisfaction 
of  the  corporation,  payable  in  six  and  twelve  months,  which  obligations  may  be  renewed 
from  time  to  time,  either  in  whole  or  in  part,  or  for  such  portion  thereof  as  the  president  and 
directors  of  the  company  shall  determine ;  and  it  shall  be  the  duty  of  the  president  and 
directors  to  give  at  least  thirty  days'  notice  of  .any  call  which  they  may  make  for  the  pay 
ment  of  the  capital  stock  so  subscribed ;  and  if  any  stockholder  shall  fail  to  meet  said  call, 
or  to  secure  the  payment  of  the  remainder  as  aforesaid,  it  shall  be  lawful  for  the  president 
and  directors  to  sell  such  delinquent's  shares,  and  transfer  the  same  to  the  purchaser,  or 
declare  the  same  forfeited  to  the  company,  together  with  all  previous  payments  thereon. 
No  transfer  of  stock  shall  be  deemed  valid  arid  complete  so  long  as  the  person  transferring 
the  same  shall  be  indebted  to  the  said  company,  until  the  amount  tor  which  he  is  indebted 
to  the  said  company  is  secured  to  the  satisfaction  of  the  president  and  directors  thereof,  and 
the  stock  of  every  stockholder  shall  be  held  as  collateral  security  for  the  payment  of 
whatever  sum  he  may  be  indebted  by  notes  or  otherwise  to  said  company. 

SEC.  3.  That  the  share  or  stockholders  shall  meet  at  the  place  of  opening  the  books  for  the 
subscription  of  stock  in  said  company  on  the  first  day  of  August,  18G5,  and  at  the  office  of 
the  company  on  the  first  Monday  of  August  in  each  succeeding  year  thereafter,  and  elect  a 
president,  vice-president,  and  seven  directors,  who  shall  continue  in  office  until  the  first 
Monday  in  August  of  each  ensuing  year,  and  until  their  successors  shall  have  been  elected, 
of  which  said  election  previous  notice  shall  be  given  in  a  newspaper  printed  in  the  city  of 
Memphis  for  at  least  two  weeks  previous  to  said  election.  Any  vacancy  that  may  occur  in 
the  board  of  directors  shall  be  filled  by  the  president  and  directors  until  the  next  annual 
election.  No  person  shall  be  a  director  who  is  not  the  owner  of  at  least  ten  shares  of  the 
capital  stock. 

SEC.  4.  That  in  all  elections  by  the  stockholders  each  share  to  the  number  of  five  shall  be 
entitled  to  one  vote,  and  every  ten  shares  in  addition  shall  entitle  the  holder  to  one  addi 
tional  vote  ;  that  no  person  who  is  not  a  resident  of  the  State  of  Tennessee  shall  have  the 
right  to  vote  at  any  election  for  president  and  directors  unless  he  shall  have  been  the  holder 
or  owner  of  stock  at  least  six  months  previous  to  such  election  by  a  regular  transfer  upon 
the  books  of  the  company ;  but  shares  may  be  voted  upon  by  the  executors  or  adminis 
trators  of  a  deceased  owner  and  by  proxy. 

SEC.  5.  That  the  president  and  directors  for  the  time  being  may  and  shall  have  power  to 
appoint  such  officers  and  agents  under  them  at  such  places  as  shall  be  necessary  for 
executing  the  business  of  said  company,  and  to  allow  such  compensation  therefor  as  may  be 
agreed  upon,  and  to  require  and  take  bond  and  security  for  the  faithful  performance  and 


52  RECONSTRUCTION TENNESSEE. 

discharge  of  their  respective  duties  and  trust ;  and  the  said  president  and  directors  shall 
have  power  to  make  by-laws  and  ordinances  to  govern  the  corporation,  and  may  repeal, 
alter,  and  amend  the  same.  The  president  and  three  directors  shall  constitute  a  quorum  to 
do  business,  or  five  directors  in  the  absence  oi  the  president,  one  of  whom  shall  be  vice- 
president,  may  do  and  nerfonn  all  such  acts  as  might  be  done  and  performed  by  the  presi 
dent  and  the  quorum  aforesaid. 

SEC.  6.  That  the  president  and  directors  for  the  time  being  shall  have  power  and 
authority  in  the  name  of  the  company  to  make  insurance  at  such  rate  of  insurance  premium 
or  interest  as  may  be  agreed  upon  by  the  parties,  npon  buildings,  machinery,  manufac 
turing  establishments,  goods,  wares,  and  merchandise  ot  every  description,  of  all  classes  and 
qualities  of  property  transported  by  land  or  water  in  the  United  States  ;  also  to  make 
insurance  on  steamboats  and  other  water-craft  used  for  transportation  of  gopds,  wares,  and 
merchandise  therein  contained  and  to  be  transported  or  shipped,  and  to  make  all  such 
proper  contracts  for  the  insurance  of  other  valuable  property  as  may  be  embraced  within  the 
name  of  personal  property,  and  all  such  contracts  shall  be  in  writing  or  printed,  and  shall 
be  made  by  the  authority  of  the  company,  by  and  through  their  proper  and  legally 
constituted  officers  and  agents  appointed  for  that  purpose. 

SKC.  7.  It  shall  be  the  duty  of  the  president  and  directors  on  the  first  Monday  of  August 
and  March  in  each  year  to  make  a  dividend  of  so  much  of  the  profits  of  said  corporation  as 
to  them  or  a  majority  of  them  shall  Appear  advisable  ;  and  in  any  case  of  loss  or  losses,  whereby 
the  capital  stock  of  the  corporation  shall  be  impaired  or  lessened,  no  subsequent  dividend 
shall  be  made  until  a  sum  equal  to  such  diminution,  arising  from  the  profits  of  said  corpora 
tion,  shall  have  been  added  to  the  capital  stock  of  said  corporation. 

SEC.  8.  Said  corporation  shall  not  commence  business  to  the  making  or  issuing  of  any 
policies  of  insurance  until  two  hundred  shares  are  subscribed  and  paid  for,  or  secured  to  be 
paid,  as  provided  for  in  the  second  section. 

SEC.  9.  That  whenever  said  company  shall  be  notified  of  any  loss  sustained  which  may 
be  covered  by  any  policy  of  insurance  granted  or  issued  by  the  same,  it  shall  be  the  duty  of 
said  corporation  to  pay  the  amount  so  lost  or  insured  in  such  policy  within  sixty  days  after 
being  so  notified :  Provided,  There  shall  have  been  no  violation  of  the  condition  of  the 
policy  on  the  part  of  the  insured. 

SEC.  10.  Said  corporation  shall  be  subject  to  such  tax  as  may  be  imposed  on  similar  cor 
porations. 

SEC.  11.  Be  it  enacted,  That  John  Wilson,  Anson  Nelson,  John  Lumsden,  and  David  C. 
Love,  and  their  associates,  shall  be  and  are  hereby  declared  a  body  politic  and  corporate  by 
the  name  and  style  of  the  State  Insurance  Company  of  Nashville,  and  by  that  name  shall  be 
intrusted  with  all  the  powers,  rights,  privileges,  and  emoluments  conferred  upon  the  Ten 
nessee  Marino  and  Fire  Insurance  Company  of  Memphis. 

SEC.  12.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 


Speaker  of  the  House  of  Represcntaticcs. 
SAMUEL  R.  RODGJ 


GERS, 
Speaker  of  the  Senate. 
Passed  June  5,  1S65. 

CHAPTER  XIII. 

AN  ACT  to  incorporate  a  literary  society  of  Nashville,  known  as  the  "Agnomen  Club." 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  society 
of  young  men  of  the  city  of  Nashville,  organized  in  March,  1865,  and  known  as  the  "Agno 
men  Club,"  having  for  its  object  the  general  promotion  of  the  arts,  literature,  science,  and 
the  amateur  drama,  as  well  as  the  moral  improvement  of  its  members,  be  incorporated  under 
the  name  of  the  "Agnomen  Club." 

SEC.  2.  Be  it  further  enacted,  That  said  club  shall  make  such  rules  and  by-laws  for  the 
regulation  of  its  business  and  the  conduct  of  its  members  as  it  may  see  fit,  not  conflicting 
with  the  laws  of  the  State  or  the  city  of  Nashville. 

SEC.  3.  Be  it  further  enacted,  That  said  club  shall  be  empowered  to  give  such  amateur 
dramatic  entertainments,  open  to  the  public  at  such  times  and  places  as  may  be  designated 
by  its  members,  not  inconsistent  with  the  laws  of  the  State  or  city  of  Nashville. 

SEC.  4.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  give  to 
the  club  so  incorporated  the  privilege  of  public  exhibition  for  money,  unless  they  shall  first 
pay  the  tax,  as  now  provided  by  law,  for  exhibitions  of  a  similar  character. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  C,  18G5. 


RECONSTRUCTION  —  TENNESSEE. 


CHAPTER  XIV 

AN  ACT  to  authorize  and  instruct  the  comptroller  of  he  treasury  to  audit,  and  tho  treasurer 
to  pay,  the  salary  due  the  lion.  Samuel  D.  Frierson,  chancellor. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comp 
troller  of  the  treasury  shall  audit,  and  the  treasurer  of  the  State  shall  pay,  the  quarterly 
salary  due  on  the  4th  March,  1862,  and  on  the  4th  day  of  June,  1862,  to  the  Hon.  Samuel 
D.  Frierson,  chancellor  of  the  fourth  chancery  division  of  the  State,  because  of  the  same 
never  having  been  paid,  and  because  of  his  well-established  loyalty  to  the  government  of  the 
United  States  and  to  the  State  of  Tennessee. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatitcs. 
SAMUEL  R.  RODGERS, 

Speaker  of  the   Senate. 
Passed  June  6,  1865. 


CHAPTER  XV. 

AN  ACT  to  amend  an  act  passed  on  the  26th  of  February,  1858,  entitled  "An  act  to  charter 
the  Cleveland  and  Ducktown  railroad." 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  charter 
granted  to  the  Cleveland  and  Ducktown  Railroad  Company,  by  an  act  of  the  legislature  of 
the  State  of  Tennessee,  passed  on  the  26th  day  of  February,  1858,  be  so  amended  that  the 
following  named  persons  be  appointed  commissioners  of  said  company,  instead  of  those  per 
sons  therein  mentioned,  to  wit :  Thomas  H.  Galloway,  William  M.  Biggs,  Samuel  Parks, 
N.  L.  Foute,  James  Gamble,  W.  H.  Craigmiles,  John  F.  Hayes,  Julius  E.  Raht,  Simeon 
E.  Browder,  William  P.  Copeland,  Pleasant  M.  Craigmiles,  D.  C.  McMillen,  John  B.  Cate, 
Ake.  Henry,  Y.  J.  Esterbrook,  A.  P.  McClay,  L.  McLeod,  and  G.  Greer,  and  they  are 
hereby  constituted  and  appointed  a  board  of  commissioners,  seven  of  whom  shall  be  au 
thorized  and  competent  to  act  and  transact  business,  and  said  commissioners  and  company 
are  clothed  with  the  same  rights,  powers  and  privileges,  and  immunities,  which  are  granted 
in  said  charter,  of  which  this  is  an  amendment,  and  said  commissioners  shall  appoint  a  time 
for  the  stockholders  to  meet,  at  such  place  as  they  may  designate,  for  the  purpose  of  electing 
a  president  and  ten  directors  to  manage  the  affairs  of  said  company. 

SEC.  2.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  jhe  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  6,  1865. 


CHAPTER  XVI. 

An  act  to  incorporate  the  Nashvil.e  Barbers'  Association. 

Whereas  the  barbers  of  Nashville  have  formed  an  association  for  the  aid  of  its  members 
in  case  of  sickness,  and  for  the  improvement  of  its  members  in  virtue  and  knowledge : 
Therefore — 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Frank 
Parrish,  Nelson  Walker,  D.  S.  Lapsley,  E.  Woods,  and  their  associates,  be,  and  are  hereby, 
incorporated  under  the  name  of  "The  Nashville  Barbers'  Association,"  for  the  benevolent 
purposes  aforesaid,  and  have  a  seal,  right  to  sue  and  be  sued,  and  such  powers  as  may  be 
necessary  and  proper  to  carry  into  effect  the  end  for  which  this  charter  is  granted,  for  the 
term  of  ten  years,  subject  to  amendment  or  repeal  by  any  future  legislature. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  1865. 


54  RECONSTRUCTION TENNESSEE. 


CHAPTER  XVJI. 

AN  ACT  to  incorporate  the  Tennessee  Oil,  Mining,  and  Manufacturing  Company,  and  for 

other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  John  D. 
Thomas,  Joseph  S.  Fowler,  Wilson  L.  Waters,  William  L.  White,  and  their  associates,  suc 
cessors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  politic  and  corporate,  by 
the  name  and  style  of  the  "  Tennessee  Oil,  Mining,  and  Manufacturing  Company,"  and  by 
that  name  and  style  shall  have  succession  for  ninety-nine  years,  and  shall  be  competent  to 
sue  and  be  sued 'in  any  court  of  law  or  equity  whatever;  to  have  and  use  a  seal,  and  alter 
the  same  at  will ;  to  make  and  change  any  by-laws  for  the  government  of  the  company ; 
to  purchase,  hold,  and  dispose  of  such  real  estate,  lease,  mines,  minerals,  iron,  coal,  oil,  and 
personal  property,  as  may  be  necessary  for  the  legitimate  transaction  of  their  business; 
to  mine,  forge,  roll,  smelt,  work,  manufacture,  refine,  and  sell  said  minerals,  coal,  iron,  oil, 
or  other  products  thereof,  in  or  out  of  the  State,  and  issue  such  number  of  shares  of  the 
stock  of  said  company,  at  the  representative  par  value  thereof,  as  may  be  ordered  by  a  vote 
of  said  company ;  to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  shares 
of  stock  of  the  corporation  for  such  mining  interest  in  real  estate  or  machinery  lor  manufac 
turing  purposes  as  may  be  necessary ;  to  purchase  or  lease  for  the  successful  operation  of 
business  engaged  in ;  and  generally  to  have,  enjoy,  and  exercise  all  rights  and  privileges 
incident  to  corporations,  except  the  right  to  issue  notes  or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines,  minerals,  lauds,  or  leases,  situated  in  this  State  or  elsewhere,  a  separate  and  distinct 
interest  of  each  mine,  lead,  field,  lien,  deposit,  or  lease,  may  be  created  under  such  name  as 
may  bo  adopted  to  distinguish  the  same,  and  in  like  manner  may  organize  under,  and  enjoy 
as  a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first  section  of  this 
act. 

SEC.  3.  Be  it  further  enacted,  That  Alexander  J.  Mackay,  Jonathan  D.  Hall,  and  John  G. 
Parkhurst,  and  their  associates,  successors,  and  assigns,  be,  and  they  are  hereby,  constituted 
a  body  politic  and  corporate,  by  the  name  and  style  of  the  "Eagle  Oil,  Mining,  and  Manu 
facturing  Company,"  with  all  the  rights  and  privileges  granted  by  the  provisions  of  this  act 
to  the  "Tennessee  Oil,  Mining,  and  Manufacturing  Company." 

^SEC.  4.  Be  it  further  enacted,  That  John  P.  Cook,  Philo  Wilson,  William  B.  Wilson,  Ed 
win  A.  Howard,  and  Ed.  S.  Wheat,  and  their  associates,  successors,  and  assigns,  be,  and 


Company.' 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  6,  18G5. 


CHAPTER  XVIII. 

AN  ACT  to  incorporate  the  Memphis  City  Railroad  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  William 
R.  Moore,  J.  M.  Hill,  S.  B.  Beaumont,  R.  Hough,  William  M.  Farrington,  Frank  Taft,  G. 
P.  Ware,  S.  R.  W^ood,  Fielding  Hurst,  P.  E.  Bland,  Joseph  Bruce,  Abner  Taylor,  Thomas 
R.  Smith,  H.  B,  Wells,  Joseph  W.  Eystra,  William  C.  Bryan,  W.  P.  Hepburn,  and  Frank 
Brooks,  and  their  associates,  be,  and  they  are  hereby,  constituted  a  body  politic  and  corpo 
rate,  under  the  name  and  style  of  the  "Memphis  City  Railroad  Company,"  and  by  that 
name  may  have  succession  for  the  term  of  thirty  years,  may  sue  and  be  sued,  plead  and  be 
impleadcd  with,  may  have  and  use  a  common  seal,  may  purchase  and  hold  such  personal 
and  real  estate  as  in  the  opinion  of  the  directors  may  be  necessary  for  carrying  on  the  busi 
ness  of  the  corporation,  and  the  same  to  sell  and  dispose  of  at  pleasure  ;  may  make  all  need 
ful  by-laws  for  their  government  not  inconsistent  or  in  conflict  with  the  laws  of  the  State  of 
Tennessee  and  the  United  States. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  three  hun 
dred  thousand  dollars,  with  the  right  and  privilege  on  the  part  of  said  company  to  make  it 
five  hundred  thousand  dollars,  which  shall  be  divided  into  shares  of  fifty  dollars  each,  and 
the  same  may  be  subscribed  to  and  made  subject  to  such  calls  and  terms  of  payment  as  said 
directors,  hereinafter  provided  for,  shall  designate. 

SEC.  3.  Be  it  further  enacted,  That  the  persons  above  named  shall,  within  one  year  after 
this  act,  meet  and  elect  five  of  their  number  by  ballot,  to  act  as  directors  of  said  company, 


RECONSTRUCTION TENNESSEE.  55 

and  thereupon  said  directors  shall  choose  one  of  their  number  to  act  as  president,  and  may  elect 
such  other  officers  as  they  may  think  necessary,  and  iix  the  salary  of  the  same — said  officers 
to  remain  in  office  one  year,  and  until  their  successors  shall  be  duly  elected;  and  at  the  end 
of  one  year  after  the  election  of  such  directors,  and  annually  thereafter,  after  thirty  days' 
notice,  to  be  given  by  the  president  and  secretary,  or  either  of  them,  in  a  newspaper  pub 
lished  in  the  city  of  Memphis,  of  the  time  and  place  of  such  election,  the  stockholders  shall 
meet  and  elect  rive  directors  for  the  ensuing  year— each  stockholder  to  have  one  vote  for 
eacli  share  of  stock  held  by  him  or  her.  Said  directors  shall  thereupon  proceed  to  organize, 
as  above  provided  for  the  organization  of  said  first  board  of  directors,  and  so  on  annually, 
during  the  existence  of  this  charter.  Said  stockholders  may  vote  in  person  or  by  proxy. 
Three  of  said  directors  shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  4.  Be  it  further  enacted,  That  said 'company,  by  their  said  directors  and  officers, 
shall  have  power  to  make,  complete,  and  execute  all  contracts  and  agreements  entered  into 
with  the  city  of  Memphis,  or  other  parties,  for  any  purpose  whatever,  connected  either  di 
rectly  or  indirectly  with  the  construction,  maintaining,  or  operating  said  railway,  and  may 
alter  or  enlarge  the  term  of  the  same  with  said  parties,  and  may  construct,  maintain,  use, 
and  operate  street  railways  by  animal  power,  on  all  or  any  of  the  streets  in  the  city  of  Mem 
phis,  in  .the  State  of  Tennessee,  for  that  purpose  using  all  necessary  machinery  and  equip 
ments  ;  said  company  to  use  neatly  constructed,  commodious,  and  safe  cars,  to  be  well 
adapted  to  such  use  and  purpose ;  may  enter  into  all  necessary  contracts  for  the  building 
and  operating  of  said  railway,  and  declare  dividends  on  the  capital  stock  of  the  same. 

SEC.  5.  Be  it  further  enacted,  That  this  act  shall  be  so  construed  as  to  authorize  said 


grar 
State  or  the  loan  of  any  bonds. 

SEC.  6.  Be  it  further  enacted,  That  each  stockholder  shall  be  individually  liable  to  the 
creditors  of  said  company  to  an  amount  equal  to  the  amount  unpaid  on  the  stock  held  by 
him,  for  all  the  debts  and  liabilities  of  said  company,  until  the  whole  amount  of  the  capital 
stock  so  held  by  him  shall  have  been  paid  to  the  company,  and  all  the  stockholders  of  said 
company  shall  be  jointly  liable  for  all  the  debts  due  or  owing  to  any  of  its  laborers  and  ser 
vants,  for  services  performed  for  said  corporation,  but  shall  not  be  liable  to  an  action  therefor 
before  any  execution  shall  be  returned  unsatisfied,  in  whole  or  in  part,  against  the  said  cor 
poration,  and  then  the  amount  due  on  such  execution  shall  be  the  amount  recoverable,  with 
cost,  against  such  stockholders. 

SEC.  7.  Be  it  further  enacted,  That  said  railroad  shall  be  constructed  on  the  most  ap 
proved  plan  for  the  construction  of  city  railroads,  and  shall  be  ran  as  often  as  the  conveni 
ence  of  passengers  may  require,  and  shall  be  subject  to  such  reasonable  rules  and  regula 
tions,  in  respect  thereto,  as  the  common  council  of  the  city  of  Memphis  may,  from  time  to 
time,  by  ordinance  prescribe,  and  to  the  payment  to  the  city  of  such  license  annually,  for 
each  car  run  thereon,  as  they  may,  by  ordinance,  prescribe  ;  and  the  persons  and  their  as 
signs  are  hereby  authorized  to  charge  at  the  rate  of  five  cents  for  the  conveyance  of  passen 
gers  for  the  whole  or  any  part  of  the  route  from  the  depot  to  the  terminus  of  said  railroad. 

SEC.  8.  Be  it  further  enacted,  That  whenever  the  said  tracks  shall  be  placed  on  the  roads, 
the  same  shall  be  laid  with  such  rails  and  in  such  manner  as  shall  not  obstruct  carriage 
travel,  and  said  company  shall  cause  said  tracks  to  conform  to' the  grade  of  the  roads  as  they 
now  are,  or  as  it  may  be  by  them,  and  at  their  expense,  changed  or  altered,  and  said  com 
pany  shall  keep  the  surface  of  such  roads  inside  the  rails,  and  for  two  feet  outside  on  each 
side  thereof,  in  good  order  and  repair. 

SEC.  9.  Be  it  further  enacted,  That  the  act  entitled  "An  act  to  incorporate  the  People's 
Passenger  Railroad  Company  of  the  city  of  Memphis,"  passed  February,  1860,  be,  and  the 
same  is  hereby,  repealed,  together  with  all  acts  and  parts  of  acts  inconsistent  with  this  act. 

SEC.  10.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  7,  1865. 


CHAPTER  XIX. 

AN  ACT  to  incorporate  the  Tennessee  and  Kentucky  Petroleum,  Mining,  and  Manufactur 
ing  Company,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  C.  H. 
Smith,  Dr.  Joshua  Coff,  George  L.  Lewis,  George  Hillman,  W.  J.  McCor,  W.  J.  Costner, 
and  their  associates,  be,  and  are  hereby,  created  a  body  politic  and  corporate,  by  the  name  of 
the  "Tennessee  and  Kentucky  Petroleum,  Mining,  and  Manufacturing  Company,"  and  shall 
have  succession  for  ninety-nine  years.  At  any  time  after  organization  within  twelve 


56  KECONSTRUCTION TENNESSEE. 

months,  the  directors  of  said  company  may,  if  desired,  change  the  name  of  said  company  to 
any  other  name ;  and  by  having  a  declaration  of  the  same,  signed  and  acknowledged  by 
their  president,  and  recorded,  as  a  deed  for  land,  in  the  county  where  the  business  meeting 
is  held,  said  new  name  shall  become  the  corporate  name  of  said  body. 

SEC.  2.  Be  it  further  enacted,  That  said  company,  in  their  corporate  name,  may  sue  and 
be  sued,  plead  and  be  impleaded,  in  any  court  of  law  or  equity;  may  adopt  and  use  a  com 
mon  seal,  changeable  at  their  pleasure  ;  may  contract  and  be  contracted  with,  and  have  and 
enjoy  all  the  privileges  and  rights  incident  to  corporations. 

SEC.  3.  Be  it  further  enacted,  That  said  company  may  acquire  and  hold,  by  purchase  or 
lease,  any  real  or  personal  property  necessary  or  proper  to  cany  on  their  business ;  may  sell, 
convey,  exchange,  rent,  or  lease  the  same,  or  any  part  thereof,  at  any  time  or  times  during 
the  continuance  of  this  charter ;  and  shall  have  and  enjoy  all  the  rights,  privileges,  and  im 
munities  granted  by  this  legislature  to  any  petroleum,  or  mining,  or  manufacturing  com 
pany. 

SEC.  4.  Be  it  further  enacted,  That  said  corporation  shall  have  power  to  explore  any  of 
the  land  acquired  or  held  by  them  by  digging,  tunnelling,  boring,  mining,  or  otherwise,  for 
petroleum,  salt,  coal,  iron,  lead,  copper,  or  other  material  or  product,  and  to  prepare,  by 
manufacturing  or  otherwise,  any  material  or  product  so  found  for  market ;  to  use  or  vend 
the  same,  either  crude  or  manufactured ;  to  erect  such  houses  and  machinery  as  they  may 
deem  requisite  to  carry  on  any  part  of  said  business.  Said  company  may  make,  or  have 
executed  to  them,  mortgages  or  deeds  of  trust  on  real  or  personal  property,  when  necessary 
in  their  business,  or  in  order  to  secure  debts  due  or  to  become  due  by  or  to  said  corporation. 

SEC.  5.  Be  it  further  enacted,  That  this  company  may  ordain  and  establish,  from  time  to 
time,  alter  or  amend,  such  by-laws,  rales,  and  regulations  for  the  government  of  their  affairs 
as  they  may  deem  proper,  and  which  shall  not  contravene  this  charter  and  the  laws  of  the 
land. 

SEC.  6.  Be  it  further  enacted,  That  the  capital  stock  of  this  corporation  shall  not  be  less 
than  one  hundred  thousand  dollars,  nor  more  than  five  hundred  thousand  dollars,  consisting 
of  shares  estimated  at  twenty  dollars  each. 

SEC.  7.  Be  it  further  enacted,  That  any  five  of  said  corporators  may  open  books  for  sub 
scriptions  of  stock  in  said  company  at  such  times  and  places  as  they  may  choose.  When 
the  sum  of  ten  thousand  dollars  has  been  subscribed,  then  said  company  may  organize  and 
elect  officers. 

SEC.  8.  Be  it  further  enacted,  That  the  officers  of  said  association  shall  consist  of  a  presi 
dent,  a  secretary,  and  seven  directors,  who  shall  serve  for  one  year,  and  until  their  succes 
sors  are  qualified  and  inducted  into  office.  The  elections  shall  be  at  such  time  and  place, 
and  on  such  notice,  as  the  by-laws  may  prescribe. 

SEC.  9.  Be  it  further  enacted,  That  the  officers  shall  be  elected  annually  as  aforesaid,  by 
a  majority  of  the  votes  cast  at  such  election ;  and  in  elections,  each  share  shall  entitle  the 
owner  thereof  to  one  vote. 

SEC.  10.  Be  it  further  enacted,  That,  for  cause  deemed  by  them  sufficient,  the  directors 
may  dismiss  any  officer  or  agent,  and  appoint  a  successor  to  act  until  the  next  regular  elec 
tion,  or  for  a  shorter  term,  as  they  may  determine. 

SEC.  11.  Beit  further  enacted,  That  each  subscriber  for  stock  in  said  corporation  shall  be 
individually  liable  only  for  the  amount  subscribed  for  by  such  person,  and  only  until  the 
same  is  paid  in. 

SEC.  12.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  give 
banking  privileges  to  said  company  ;  and  that  the  right  to  alter,  change,  or  repeal  this  act  is 
hereby  reserved  to  any  subsequent  legislature. 

SEC.  13.  Be  it  further  enacted,  That  Sol.  Hesse,  N.  Hoffeiner,  Adolph  Loeb,  H.  T.  Tom- 
linson,  J.  Nathan,  J.  S.  Menkin,  Henry  Sussel,  and  their  associates,  are  hereby  incorporated 
a  body  politic  and  corporate,  under  the  name  and  style  of  the  "Memphis  Club,"  in  the  city 
of  Memphis,  county  of  Shelby,  and  State  of  Tennessee,  with  full  powers  in  their  said 
corporate  capacity  to  sue  and  be  sued,  plead  and  be  impleaded,  purchase  and  hold  real 
and  personal  property,  stock,  and  incorporate  hereditaments,  and  may  dispose  of  the  same  in 
such  manner  as  said  association  may  deem  most  expedient. 

SEC.  14.  Beit  further  enacted,  That  the  said  " Memphis  Club"  may  use  a  common  seal, 


acts  for  their  benefit  not  inconsistent  with  the  privileges  herein  granted. 

SEC.  15.  And  be  it  further  enacted,    That  this  act   shall  take   effect  from  and  after  its 
passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  llcprcsentatitcs. 
SAMUEL  R.  HODGERS, 

Speaker  of  the  Senate. 
J'asscdJunc  7,1865. 


RECONSTRUCTION TENNESSEE.  57 


CHAPTER  XX. 

AN  ACT  to  amend  an  act  authorizing  John  C.  Haley  to  establish  a  turnpike  road,  passed 

October  28,  1833. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  F.  A. 
Henager,  Jas.  R.  Rigsby,  George  W.  Rider,  and  Abel  A.  Pearson  be,  and  they  are  hereby, 
authorized  to  open,  establish,  and  keep  in  repair  a  turnpike  road  across  what  is  known  as  the 
Quails  Trace  of  Walden's  Ridge,  beginning  at  or  near  where  J.  L.  Hutchison  formerly  lived, 
in  Rhea  county,  and  from  thence  to  Benjamin  F.  Bridgeman'smill,  at  the  foot  of  the  moun 
tain,  in  Bledsoe  county  ;  and  that  the  said  proprietors  have  the  charter  for  said  road  for  the 
same  length  of  time,  and  upon  the  same  terms  and  conditions  in  all  respects  that  a  charter 
for  a  turnpike  road  was  given  to  John  C.  Haley,  by  an  act  passed  October  26,  1833,  and  that 
John  Lee,  of  Bledsoe  county,  and  John  P.  Walker,  of  Rhea  county,  be  appointed  commis 
sioners  on  said  road,  who  shall  take  the  same  oath,  and  perform  the  same  duties,  and  be  en 
titled  to  the  game  privileges  and  emoluments  that  are  enjoined  upon  and  extended  to  the 
commissioners  of  said  John  C.  Haley's  turnpike  road  by  the  act  aforesaid  ;  the  charter  here 
by  granted  to  be  void  unless  the  road  be  opened  and  completed  within  four  years  from  the 
passage  of  this  act. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  7,  1865. 


CHAPTER  XXI. 

AN  ACT  to  incorporate  the  Memphis  and  Mound  City  Arkansas  Steam  Packet  Company, 

of  Memphis. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  G.  P. 
Ware,  C.  C.  Burk,Wm.  M.  Farrington,  Wm.  R.  Moore,  John  D.  Ware,  and  their  associates, 
shall  be,  and  they  are  hereby,  constituted  a  body  politic  and  corporate  under  the  name  and 
style  of  the  People's  Passenger  and  Freight  Steam  Packet  Company  of  Memphis  and  Mound 
City  ;  and  by  that  name  may  have  succession  for  the  term  of  thirty  years  ;  may  sue  and  be 
sued,  plead  and  be  empleaded  ;  may  have  and  use  a  common  seal ;  may  purchase  and  hold 
such  personal  and  real  estate  as  may  be  necessary  for  carrying  on  the  business  of  the  corpora 
tion  ;  and  the  same  to  sell  or  dispose  of  at  pleasure  ;  may  make  all  needful  by-laws  for  their 
government  not  inconsistent  or  in  conflict  with  the  laws  of  the  United  States,  the  State  of 
Tennessee,  or  the  city  of  Memphis  and  county  of  Shelby. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  three  hun 
dred  thousand  dollars,  which  shall  be  divided  into  shares  of  fifty  dollars  each,  and  the  same 
may  be  subscribed  to  and  made  subject  to  such  calls  and  terms  of  payment  as  the  directors 
hereinafter  provided  for  shall  designate. 

SEC.  3.  Be  it  further  enacted,  That  the  persons  above  named  shall  open  books  for  the  sub 
scription  of  stock,  and  when  one  hundred  shares  are  subscribed,  and  ten  dollars  on  each  share 
paid  in,  the  stockholders  may  then  meet  and  elect  five  of  their  number  directors  of  said  com 
pany,  and  thereupon  said  directors  shall  choose  one  of  their  number  to  act  as  president,  and 
may  elect  such  other  officers  as  they  may  think  necessary,  and  fix  the  salaries  of  the  same, 
said  officers  to  remain  in  office  one  year,  or  until  their  successors  are  duly  elected  and  installed 
into  office,  at  which  time,  after  three  weeks'  notice  in  one  newspaper  published  in  the  county 
of  Shelby,  State  aforesaid,  the  stockholders  of  said  company  shall  meet  and  elect  the  direc 
tors  aforesaid,  each  stockholder  having  one  vote  for  each  share  of  stock  held  by  him  or  her. 
Said  directors  shall  thereupon  elect  their  said  president  and  other  officers,  and  said  election 
shall  take  place  annually.  Said  stockholders  may  vote  in  person  or  by  proxy.  Three  of 
said  directors  shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  4.  Be  it  further  enacted,  That  said  company,  by  their  directors  and  officers,  shall 
have  power  to  complete  and  execute  all  contracts  or  agreements  entered  into  with  the  city  of 
Memphis,  or  other  parties,  for  the  use  of  a  landing  or  wharf  of  said  city,  and  may  alter  or 
enlarge  the  terms  of  same.  Said  parties  may  enter  into  all  necessary  contracts  for  the  build 
ing  and  operating  said  steam  packet  company,  and  declare  dividends  on  the  capital  stock  of 
the  same,  provided  that  the  capital  stock  is  not  diminished  thereby. 

SEC.  5.  Be  it  further  enacted,  That  said  company,  in  establishing  a  tariff  of  freight  and 
passage  to  and  from  Memphis  and  Mound  City,  will  submit  the  same  to  the  county  court  of 
Shelby  county,  state  aforesaid,  for  the  approval  of  the  same  before  any  of  its  provisions  can 
be  enforced  :  Provided,  this  act  shall  not  be  so  construed  as  to  grant  either  the  indorsement 
of  the  State  or  the  loan  of  any  bonds. 

SEC.  6.  Be  it  further  enacted,  That  the  stockholders  of  said  company  shall  be  individually 
liable  for  the  amount  of  their  stock  subscribed  until  the  same  is  paid. 


58  RECONSTRUCTION TENNESSEE. 

SEC.  7.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations  of  this  State. 

SEC.  8.  DC  it  further  enacted,  That  nothing  herein  contained  shall  be  so  construed  as  to 
authorize  the  corporation  of  the  city  of  Memphis  or  the  county  court  of  Shelby  county  to 
grant  any  privilege  or  make  any  contract  with  said  company  that  will  in  any  way  interfere 
with  the  vested  rights  of  any  party  or  parties  whatever  as  now  fixed  by  law. 

SEC.  9.  Be  it  further  enacted,  That  this  act  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXII. 

AN  ACT  to  incorporate  Tennessee  Mountain  Petroleum  and  Mining  Company. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Dr.  T.  A. 
Atchison,  Capt.  W.  H.  H.  Ayres.  Capt.  L.  H.  Thrikston,  S.  H.  Tar,  J.  W.  Plummer,  capt. 
and  provost  marshal  district  Middle  Tennessee,  H.  \V.  Hart,  and  their  associates,  succes 
sors  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  corporate  and  politic  by  the 
name  and  style  of  "  Tennessee  Mountain  Petroleum  and  Mining  Company;"  and  by  that 
name  and  style  shall  have  succession  for  ninety-nine  years,  with  power  to  contract  and  be 
contracted  with,  sue  and  be  sued,  in  that  name  in  all  courts  and  places  ;  to  have  a  common 
seal ;  to  engage  in  mining,  manufacturing  and  boring  for  petroleum,  salt,  and  other  valuable 
minerals,  and  in  the  manufacturing,  refining,  and  preparing  for  market,  transporting  and 
selling  the  same,  and  other  products  of  said  business,  and  of  the  land  now  owned  or  which 
may  hereafter  be  owned  by  them  in  the  State  ;  to  hold  their  meetings,  and  transport  and  sell 
their  oil  or  other  minerals  or  other  products,  within  or  without  the  state,  and  to  have  all 
other  powers  needful  and  proper  for  the  successful  prosecution  of  their  business  and  for  the 
execution  of  the  powers  herein  granted. 

SEC.  2.  That  said  corporation  may  organize  said  company  by  the  appointment  of  a  presi 
dent  and  such  other  officers  and  managers  as  they  may  deem  necessary  at  such  times  and 
places  as  they  may  designate  by  notice  previously  given  ;  and  when  thus  organized,  the  said 
company  shall  have  power  to  make  such  by-laws,  rules  and  regulations  as  they  may  deem 
necessary  from  time  to  time  for  the  government  and  prosecution  of  the  business  of  said  cor 
poration,  not  inconsistent  with  the  constitution  and  laws  of  the  United  States  and  of  the 
State  of  Tennessee. 

SEC.  3.  The  capital  stock  of  said  company  shall  be  five  hundred  thousand  dollars,  and 
said  company  shall  have  power  to  increase  the  same  from  time  to  time,  not  exceeding  one 
million  dollars. 

SEC.  4.  The  company  may  buy,  lease,  or  rent  any  suitable  lands,  mines,  oil  and  salt  rights 
and  privileges,  rights  of  way,  and  other  property  necessary  for  their  business,  and  may  dis 
pose  of  the  same,  or  any  portion  of  it,  by  sale  or  otherwise.  They  may  receive  real  estate, 
leasehold,  mining  and  boring  rights  and  fights  of  way,  in  payment  of  such  part  of  subscrip 
tion  as  thoy  may  deem  advisable.  Said  company  may  erect  and  build  on  any  of  their  lands 
such  buildings,  engines,  machinery,  and  fixtures  as  may  be  deemed  convenient  and  proper  for 
carrying  on  and  conducting  the  business  of  said  corporation. 

SEC.  5.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations  in  this  State. 

SEC.  6.  Be  it  further  enacted,  That  a  violation  of  this  charter  shall  authorize  the  legisla 
ture  to  alter  or  repeal  «the  same,  and  that  nothing  therein  contained  shall  be  so  construed  as 
to  allow  any  banking  privileges  to  said  company. 

SEC.  7.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the.  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1SC5. 


CHAPTER  XXIII. 
AN  ACT  to  incorporate  the  East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  Salt  Company 

SECTION  ].  Be  it  cnartnl  by  the  general  assembly  of  the  State  of  Tennessee,  That  O.  P. 
Temple,  Green  Adams,  R.  R.  Butler,  John  1J.  Brownlow,  J>:»vid  K.  Young,  L.  C.  Houk. 
and  their  associates,  successors,  and  assigns,  be,  and  are  hereby,  constituted  a  body  corpo, 
rate,  by  the  name  and  style  of  the  "East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  S  1 


EECONSTRUCTION TENNESSEE.  59 

Company,"  and  by  that  name  shall  have  succession  for  ninety-nine  years  ;  and  shall  be  com 
petent  to"  sue  and  be  sued  in  any  court  of  law  or  equity ;  to  have  and  use  a  common  seal, 
and  to  alter  the  same  at  pleasure;  to  establish,  ordain,  and  change  any  by-laws,  not  incon 
sistent  with  the  constitution  and  laws  of  Tennessee,  that  may  be  necessary  for  the  govern 
ment  of  the  company  ;  to  purchase,  hold,  and  dispose  of  such  real  estate,  leases,  mines,  min 
erals,  iron,  coal,  oil,  salt,  and  personal  property,  as  they  may  desire,  or  that  may  be  neces 
sary  for  the  legitimate  transaction  of  their  business  ;  to  mine,  bore,  forge,  sell,  smelt,  trans 
port,  work,  manufacture,  refine  and  vend  the  same ;  to  issue  such  number  of  shares  of  the 
stock  of  said  company,  at  the  representative  par  value  thereof,  as  may  be  indorsed  by  a  vote 
of  said  company ;  to  determine  the  par  value  of  shares,  and  have  the  right  to  pay  in  of  stock 
of  the  corporation  for  such  running  interest  or  interests,  in  real  estate,  as  may  be  necessary ; 
to  purchase  or  lease  for  the  operation  of  the  works  of  the  company;  to  lay  and  conduct  pipes 
and  construct  railroads  from  their  wells  to  navigable  rivers,* or  railroads  now  constructed  or 
to  be  constructed,  and  to  make  connexions  and  turnouts  for  their  purposes,  &c. ;  that  the 
capital  stock  of  said  company  be  one  million  dollars,  to  be  divided  in  such  shares  as  the  com 
pany  may  determine,  which  may  be  increased  or  diminished,  as  the  company  may  determine; 
that  the  president  and  directors  shall  regulate  the  proportion  of  stock  which  may  be  issued 
to  each  member  on  application  ;  the  company  to  have,  enjoy,  and  exercise  all  the  rights  and 
privileges  belonging  and  incident  to  corporations,  except  the  right  to  issue  notes,  or  engage 
in  the  business  of  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines  or  minerals,  lands  or  leases,  iron,  coal,  or  petroleum  leases,  situated  in  this  State  or 
elsewhere,  a  separate  and  distinct  interest  of  each  mine,  bed,  field  vein,  deposit  or  lease  may 
be  created  under  some  name  to  distinguish  the  same,  and  in  like  manner  may  organize  under, 
and  enjoy  as  a  distinct  branch,  all  the  rights  and  privileges  named  in  the  first  section  of  this  act. 

SEC.  3.  Be  it  further  enacted,  That  Horace  Maynard,  Win.  F.  Ray,  Thomas  J.  Vanguilder, 
James  B.  Howard,  Francis  S.  Price,  James  N.  Clark,  Isaac  C.  Price,  John  C.  Flanders, 
Wm.  McKey,  Joseph  L.  Cooper,  Charles  W.  Cohen,  and  S.  R.  Rodgers  be,  and  they  are 
hereby,  constituted  a  body  corporate  and  politic,  by  the  name  and  style  of  the  "Kuoxville 
Oil  Mining  Company,"  and  in  that  name  they  may  sue  and  be  sued,  &c. 

SEC.  4.  Be  it  further  enacted,  That  said  company  or  body  corporate  shall  have  all  the 
rights,  powers,  and  privileges  granted  to  the  "  Cumberland  Basin  Petroleum  and  Mining 
Company,"  and  subject  to  like  limitations  and  restrictions. 

SEC.  5.  Be  it  further  enacted,  That  James  H.  Vaughn,  J.  M.  Robb,  John  H.  Ligon,  H. 
F.  Banks,  and  H.  S.  Craine,  their  associates  and  successors,  are  hereby  constituted  a  body- 
politic  and  corporate,  for  a  period  of  ninety-nine  years,  by  the  name  of  the  "Tennessee  Oil 
and  Mineral  Company,"  for  the  purpose  of  exploring  for  oil,  copper,  gold,  lead,  silver,  iron, 
zinc,  coal,  and  other  ores,  metals  arid  minerals,  and  for  the  purpose  of  developing,  mining 
working,  refining,  smelting,  purchasing,  and  vending  the  same,  with  the  capital,  and  clothed 
with  all  the  powers,  rights,  and  privileges  granted  in  the  foregoing  charter  incorporating  the 
"East  Tennessee  Union  Petroleum,  Coal,  Iron,  and  Salt  Company."  Said  corporators  and 
their  associates  shall  organize  by  the  election  of  six  directors  of  their  number,  who  shall  elect 
a  president,  vice-president,  secretary,  and  treasurer,  who  shall  perform  such  duties  and  ex 
ercise  such  powers  as  may  be  prescribed  by  the  by-laws. 

SEC.  C.  Be  it  further  enacted,   That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  3865. 


CHAPTER  XXIV. 

AN  ACT  to  incorporate  the  Manchester  and   Barren  Fork  Mining  and  Manufacturing 

Company. 

SECTION  1.  Be  it  enacted  -by  the  general  assembly  of  the  State  of  Tennessee,  That  W.  T. 
Garrett,  J.  C.  McCrory,  and  D.  P.  Kathbone,  and  their  associates  and  successors,  be,  and 
they  are  hereby,  created  a  body  politic  and  corporate,  by  the  name  and  style  of  "The  Man 
chester  and  Barren  Fork  Mining  and  Manufacturing  Company,"  and  by  that  name  shall 
have  succession  for  ninety -nine  years,  sue  and  be  sued,  plead  and  be  impleaded  with,  and 
generally  to  do  every  act  and  thing  necessary  and  proper  to  carry  out  the  provisions  ot  this 
act,  and  to  promote  the  object  and  designs  of  this  corporation. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  two  hundred 
thousand  dollars,  with  the  privilege  of  increasing  the  same  to  five  hundred  thousand  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  each:  and  the  persons  above  named  shall 
open  books  for  the  subscription  of  stock,  and  when  fifty  thousand  dollars  shall  have  been 
subscribed  the  stockholders  may  meet  and  elect  five  directors,  and  said  directors  shall  elect 
one  of  their  number  president,  and  also  elect  a  secretary. 


60  RECONSTRUCTION TENNESSEE. 

SEC.  3.  Be  it  further  enacted,  That  the  affairs  of  said  company  shall  be  managed  by  a 
board  of  directors,  consisting  Of  not  less  than  five,  and  such  agents  and  officers  as  they  may 
appoint.  The  secretary  and  president  shall  be  elected  every  year  by  the  directors,  and  all 
vacancies  happening  in  said  board,  or  in  any  of  said  offices,  may  be  filled  by  the  acting 
directors  for  the  remainder  of  the  term  for  which  they  were  elected  or  appointed.  The 
board  shall  have  power  to  establish  by-iaws  for  the  government  of  said  company,  and  to 
alter  the  same  whenever  it  may  be  deemed  proper  for  them  to  do  so.  The  directors  shall 
have  power  to  require  security  for  the  payment  of  all  stock  subscribed  and  not  paid  in. 

SEC.  4.  Be  it  further  enacted,  That  the  said  company  shall  have  full  power  and  authority 
to  purchase  and  lease  lands  or  real  estate,  and  to  dispose  of  the  same,  and  to  do  a  general 
mining  and  manufacturing  business  on  lands  owned  and  leased  by  said  company ;  to  mine, 
forge,  roll,  smelt,  manufacture,  transport,  and  to  vend  minerals,  iron,  coal,  petroleum  oil, 
salt,  and  to  hold  property  of  every  species  necessary  for  the  carrying  on  of  the  business  of 
said  company,  and  said  company  shall  have  power  to  make  contracts  under  the  corporate 
seal,  signed  by  the  president  and  attested  and  signed  by  the  secretary  or  other  officer  who 
may  be  appointed  by  the  directors  for  that  purpose. 

SEC.  5.  Be  it  further  enacted,  That,  should  the  said  company  at  any  time  fail  to  meet  its 
engagements,  each  person  holding  stock  at  the  time  of  such  failure  shall  be  individually 
liable  for  the  debts  of  the  company  to  the  amount  of  the  balance  of  the  unpaid  stock  of  such 
stockholder. 

SEC.  6.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  corporations  of  this  State. 

SEC.  7.  Be  it  further  enacted  by  the  general  assembly  of  (he  State  of  Tennessee,  That  E.  C. 
Schultze,  L.  C.  Platt,  C.  M.  Northrup,  Charles  Kocliler,  Joseph  W.  Currier,  Lewis  Benton, 
and  John  A.  Smith,  shall  be,  and  are  hereby,  constituted  a  body  politic  and  corporate,  for 
the  purpose  of  purchasing,  selling,  mining,  improving,  and  settling  with  loyal  owners,  land 
in  the  State  of  Tennessee,  known  by  the  name  and  style  of  "The  New  York  and  Tennessee 
Mining  and  Farmland  Company,"  and  by  that  name  may  have  succession  for  ninety-nine 
years;  may  sue  and  be  sued ;  may  contract  and  be  contracted  with;  may  have  a  .common 
seal  and  power  to  change  the  same  at  will ;  may  purchase  and  hold  such  personal  and  real 
estate  as  they  shall  deem  necessary  for  carrying  out  the  objects  of  the  corporation,  and  may 
sell  or  dispose  of  the  same  at  pleasure,  and  receive  pay,  security,  or  mortgages  therefor ;  may 
mine,  work,  or  otherwise  develop  the  mineral  resources,  and  may  construct  such  machinery  and 
improvements  on  the  land  of  the  corporation  as  they  shall  think  proper,  and  have  power  to 
sell,  lease,  or  otherwise  dispose  of  the  same  ;  and  may  make  all  necessary  by-laws  for  their 
government^uot  inconsistent  with  the  laws  of  the  United  States  or  of  the  State  of  Tennessee. 

SEC.  8.  The  capital  stock  of  said  company  shall  consist  of  five  thousand  shares  of  the 
par  value  of  one  hundred  dollars  each,  with  the  privilege  of  increasing,  if  necessary,  to 
forty  thousand  shares,  and  the  trustees  shall  designate  and  determine  what  portion  of  said 
stock  shall  be  paid  in  land  and  its  value,  and  what  portion  in  cash,  which  stock  shall  be 
deemed  personal  estate,  and  transferable  in  such  manner  as  the  by-laws  of  the  company 
shall  direct. 

SEC.  9.  That  the  affairs  of  said  company  shall  be  managed  by  a  board  of  trustees  chosen 
by  the  stockholders,  who  shall  hold  their  office  for  one  year,  and  until  their  successors  are 
elected.  Every  member  of  said  board  of  trustees  shall  be  a  stockholder.  In  every  election, 
and  at  every  meeting  of  stockholders,  each  share  of  stock  on  which  no  call  or  assessment  is 
due,  past,  and  unpaid,  shall  entitle  the  holder  thereof  to  one  vote,  either  in  person  or  by 
proxy.  The  board  of  trustees  may  choose  a  president,  vice-president,  secretary  and  treas 
urer,  and  such  other  officers  and  agents  as  may  be  necessary,  and  fix  their  salaries.  A  failure 
to  hold  any  election  on  the  day  designated  shall  not  work  a  dissolution  of  the  corporation, 
but  such  election  may  be  held  at  a  subsequent  time,  to  be  designated  by  the  board  of  trus 
tees. 

SEC.  10.  If  any  sur/scriber  for  stock  shall  fail  to  pay  the  amount  subscribed  in  such  man 
ner  as  may  be  prescribed  by  the  by-laws,  the  same  may  be  recovered  by  action  of  debt  in  any 
court  having  jurisdiction,  or  such  stock  may  be  sold,  and  declared  forfeited  by  the  company, 
on  such  terms  us  the  board  of  trustees  shall  determine  and  prescribe. 

St:c.  11.  That  the  aforesaid  persons,  or  any  number  of  them,  or  any  other  person  duly 
authorized  by  the  board  of  trustees,  may,  at  any  time  or  place,  open  books  for  the  subscrip 
tion  of  stock. 

SEC.  12.  Be  it  further  enacted,  That  James  Mullens,  William  H.  Wisner,  Philemon  Gos 
ling,  and  John  C.  Coldwell,  jr.,  be,  and  are  hereby,  created  a  body  politic  and  corporate, 
with  succession  for  ninety-nine  years,  to  be  known  and  designated  as  "The  Cascade  Mining 
and  Manufacturing  IVtroU-um  Company,"  with  all  the  powen  and  privileges  of  this  act,  as 
conferred  upon  the  previous  corporations  in  this  act. 

SEC.  K?.  And  be  it  further  enacted,  That  this  act  shall  take  effect  and  be  in  full  fcrce  from 
and  after  its  passage. 

WILLIAM  1IEISKELL, 
Speaker  of  the  House  of  Representatlces. 
SAMUEL  R.  RODGERS, 

Passed  June  8,  1865.  Speaker  of  the  Senate. 


RECONSTRUCTION TENNESSEE.  61 

CHAPTER  XXV. 

AN  ACT  to  amend  An  act  entitled  An  act  to  incorporate  the  East  Tennessee  and  Virginia 

Railroad  Company,  passed  the  27th  day  of  January,  1848. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  t lie  State  of  Tennessee,  That  the  7th  sec 
tion  of  said  act  be  so  amended  that  the  affairs  of  said  company  shall  be  managed  by  a  board 
of  directors,  to  consist  of  nine  instead  of  fifteen,  as  now  required  by  law. 

SEC.  2.  Be  it  further  enacted,  That  the  seventeenth  section  be  so  amended  that  a  stock 
holder,  in  his  own  right,  of  ten  shares,  shall  be  eligible  to  the  office  of  president  or  director 
of  said  company,  with  all  the  rights  and  privileges  that  they  are  now  allowed  by  law  :  Pro 
vided,  he  be  a  loyal  citizen  of  the  United  States  government. 

SEC.  3.   Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Reprcsentalites. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 

CHAPTER  XXVI. 

AN  ACT  to  incorporate  the  Tennessee  Mining  and  Manufacturing  Company. 

Whereas  it  has  been  represented  to  this  general  assembly  that  the  property  known  as  the 
Washington  County  Iron  Works,  in  Washington  county,  of  this  State,  upon  which  there  now 
are  a  furnace,  forges,  rolling  mill,  and  other  improvements,  is  capable,  by  the  application  of 
the  requisite  capital,  of  much  further  development : 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Charles  J. 
McKinney,  of  Hawkins  county ;  Calvin  Hoss,  of  Washington  county ;  and  such  other  persons 
as  they  may  associate  with  them,  as  owners  of  the  shares  hereinafter  authorized  to  be  issued, 
be,  and  the  same  are  hereby,  made  a  body  politic  and  corporate,  under  the  name  and  style  of 
the  Tennessee  Mining  and  Manufacturing  Company,  and  as  such,  in  that  name,  may  have 
continued  succession,  and  may  purchase,  have,  hold,  use,  and  acquire,  by  any  lawful  means, 
any  estate,  real  and  personal,  in  as  full  and  ample  manner  as  any  individual  may  or  might 
do;  and  the  same  may  use,  lease,  let,  mortgage,  sell,  and  convey,  or  otherwise  dispose  of; 
and  may  sue  and  be  sued,  plead  and  be  impleaded,  contract  and  be  contracted  with,  and  have 
and  use  a  common  seal,  and  the  same  may  change,  at  pleasure ;  and  make  by-laws,  not  incon 
sistent  with  the  constitution  and  laws  of  Tennessee,  and  regulations  for  the  management  of 
their  affairs;  and  may  have  and  use  all  the  rights,  powers,  and  privileges  which  are  or  may 
be  necessary  for  them  to  have  as  an  incorporated  company. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  the  said  company  shall  consist  of 
shares  of  ten  dollars  each,  of  which  the  said  property,  known  as  Washington  County  Iron 
Works,  shall  constitute  a  part,  at  a  price  to  be  agreed  upon  by  and  between  the  parties  inter 
ested,  and  when  two  hundred  thousand  dollars  shall  have  been  subscribed,  the  shareholders 
may  proceed  to  organize  the  company  by  the  election  of  five  or  more  directors ;  and  the  directors 
for  the  time  being  may  have,  exercise,  and  enjoy,  in  the  name  and  behalf  of  the  company,  all 
the  rights,  powers,  and  privileges  which  are  given  or  intended  to  be  given  herein,  and  may, 
from  time  to  time,  increase  their  resources  by  borrowing  money  on  a  pledge  of  their  property, 
or  without  such  pledge,  or  by  new  subscriptions ;  and  the  subscribers  shall  be  bound,  each 
for  himself  or  herself,  to  pay  the  sums  by  them  respectively  subscribed ;  and  when  the  sums 
due,  or  to  become  due,  thereon  shall  have  been  paid,  such  shareholder  shall  not  be  liable  for 
any  further  payment  on  account  thereof. 

SEC.  3.  Be.  it  further  enacted,  That  the  by-laws  may  prescribe  the  number  of  and  the  man 
ner  in  which  the  officers  and  agents  of  the  company  shall  be  appointed,  their  terms  of  service, 
powers,  and  duties,  and  may  require  that  they  shall  take  an  oath  faithfully  to  dischargo^their 
respective  duties  And  inasmuch  as  the  Nolachucky  river  is  not  navigable  above  the  site  of 
the  said  iron  works,  and  the  water  power,  for  manufacturing  purposes,  may  be  greatly  in 
creased  by  erecting  one  or  more  dams  across  the  said  river  above  the  site  aforesaid,  the  com 
pany  may,  and  they  are  hereby  authorized  to,  erect  one  or  more  dams  across  the  said  river, 
'if  the  same,  in  their  opinion,  bo  necessary  and  proper  to  aid  in  the  establishment  of  manufac 
tures  of  iron,  or  other  articles  or  commodities;  subject,  nevertheless,  to  the  payment  of  any 
damages  which  may  be  assessed  by  a  jury  empanelled  by  a  court  having  competent  jurisdic 
tion  ;  and  provided  that  the  erection  of  said  dam  or  dams  shall  i.ot  interfere  with  the  naviga 
tion  of  said  river. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  be  in  force  for  thirty  years  from  and  after 
its  passage,  and  until  the  same  be  modified  and  repealed ;  and  all  acts  and  parts  of  acts  con 
flicting  with  this  act  shall  be  and  are  hereby  repealed:  Provided,  That  nothing  in  this  act 
shall  be  so  construed  as  to  erive,  jrraut,  or  allow  to  said  company  banking  privileges. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  18G5. 


62  RECONSTRUCTION TENNESSEE. 

CHAPTER  XXVII. 

AN  ACT  incorporating  the  Tennessee  and  Cumberland  Oil  and  Mining  Company. 

SECTION  L  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  A.  G. 
Wells,  C.  L.  Hequembough,  Wni.  C.  Bunts,  Win.  li.  Campbell,  Win.  II.  Gordon,  Delaino 
F.  Smitb,  Edward  Donohoe,  George;  Richardson,  F.  II.  Cotton,  their  associates,  successors, 
and  assigns,  be  and  arc  hereby  created,  constituted  and  declared  a  body  politic  and  corporate, 
under  the  name  and  style  of  the  "Tennessee  and  Cumberland  Oil  and  Mining  Company," 
with  full  privileges  and  powers  to  and  for  the  purpose  of  prospecting,  boring,  exploring  for, 
raising,  mining,  digging,  transporting  and  selling  oil,  petroleum,  kerosene,  asphaltum,  naph 
tha,  salt,  coal,  iron,  and  all  other  minerals  in  this  State  or  elsewhere,  on  any  lands  they  may 
acquire  by  purchase,  lease  or  gift ;  and  to  manufacture  dyes  and  colors,  refine  and  convert  it 
to  such  other  uses  by  distillation,  refining  and  manufacturing,  as  science,  chemistry  and 
philosophy  has  or  may  hereafter  make  known  and  discover ;  also  the  privilege  and  power  to 
manufacture  iron  from  the  ore  into  pig  metal,  and  rolled  iron  in  all  its  qualities  and  forms ;  to 
erect  all  necessary  machinery,  buildings,  furnaces,  warehouses,  docks  and  levees  as  shall  or 
may  be  conducive  to  the  successful  operation  of  their  said  business  in  all  of  its  various  depart 
ments  and  ramifications ;  also  to  lay  and  conduct  pipes,  and  construct  railroads,  turnpikes  and 
canals  from  their  lands  and  works  to  any  navigable  river  or  railroad  now  constructed  or  here 
after  constructed,  and  to  make  the  necessary  switches  and  connexions  for  the  purpose  of  trans 
porting  said  articles,  mined  and  manufactured,  and  importing  such  articles  and  materials  as 
said  company  may  require  for  the  conducting  of  their  said  business :  Provided,  however,  That 
in  constructing  said  roads,  canals,  &c.,  they  do  not  interfere  with  any  vested  rights  ;  and  by 
said  name  and  style  are  hereby  made  a  body  capable  in  law,  as  individual  citizens,  to  con 
tract  and  'be  contracted  with,  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be 
answered  unto,  and  prosecute  to  final  judgment,  in  the  State  and  elsewhere,  in  all  courts  of 
lawtand  equity;  to  make,  have  and  use  a  common  seal,  and  change  the  same  at  will ;  with  full 
power  and  authority  to  purchase,  lease,  and  receive  in  donation,  and  enjoy  and  possess  estate, 
real,  personal  and  mixed,  and  to  lease,  rent,  sell,  alienate,  convey,  and  otherwise  dispose  of 
the  same ;  with  all  rights,  powers  and  privileges  necessary  and  proper  for  them  as  an  incor 
porate  company ;  and  by  such  name  and  style  shall  have  succession  for  the  full  term  of  ninety- 
nine  years  :  Provided,  That  nothing  in  this  act  shall  interfere  with  the  vested  rights  of  auv 
other  company  under  the  laws  of  the  State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  the  incorporators,  in  person  or  by  proxy,  shall,  as  soon 
after  the  passage  of  this  act  as  convenient,  meet  and  organize  by  the  election  of  a  board  of 
directors  of  not  less  than  seven  nor  more  than  ten  in  number,  who  shall  have  the  management 
and  control  of  the  affairs  of  the  company,  a  majority  of  whom  shall  constitute  a  quorum  for 
the  transaction  of  business,  and  each  being  a  stockholder  to  the  amount  of  twenty-five  shares 
at  least,  who,  as  well  as  their  successors,  shall  hold  their  office  for  the  term  of  one  year,  and 
until  their  successors  are  elected.  Said  directors  shall  annually  thereafter,  by  public  notice 
for  thirty  days,  in  one  or  more  newspapers  published  in  the  city  of  Nashville,  next  preceding 
the  first  Monday  of  June,  to  the  stockholders  to  meet  at  the  office  of  the  company,  in  Nash 
ville,  in  person  or  by  proxy,  to  elect  directors  for  the  next  ensuing  year,  at  which  elections 
three  of  the  stockholders,  appointed  by  those  present,  shall  be  the  judges.  If  the  director-; 
shall  fail  or  neglect  to  give  notice  as  aforesaid,  any  two  of  the  stockholders  may  give  said 
notice,  and  elect  directors  in  like  manner  as  if  the  directors  had  given  notice  as  prescribed  by 
this  act.  The  persons  receiving  a  majority  of  the  votes  cast  at  said  elections  shall  be  declined 
duly  elected;  and  in  case  of  a  tie  vote  a  majority  of  the  directors  elect  shall  determine  and 
give  one  vote,  which  shall  be  the  casting  vote.  Each  stockholder  shall  have  one  vote  for  each 
and  every  share  he  or  she  may  own;  and  any  shareholder,  not  present  at  any  such  electit.ji, 
may  vote  by  proxy,  said  proxy  being  a  shareholder  and  attending  such  election,  and  present 
ing  from  his  principal  authority  in  writing,  signed  and  sealed  by  said  principal  and  attested 
by  two  witnesses. 

SEC.  3.  Be  it  further  enacted,  That  if  it  should  happen  that  an  election  of  directors  should 
not  be  made  on  the  day  designated  in  the  notice,  the  said  corporation  shall  not  for  that  cause 
1  •(•  deemed  dissolved ;  but  it  shall  and  may  be  lawful  to  make  and  hold  an  election  for  direr 
on  some  other  designated  day,  of  which  notice  may  be  given. 

SEC.  4.  Be  it  further  enacted,  That  the  said  directors  snail  elect  annually  from  their  number 
a  president,  vice-president,  secretary,  and  treasurer,  and  other  such  officers,  agents,  clerks, 
and  employes,  from  among  the  stockholders  or  from  other  sources,  as  the  interest  of  the 
company  may  require:  and  may  take  of  each  of  them  such  bond  or  bonds,  with  security, 
conditioned  lor  the  faithful  performance  of  the  duties  assigned  them:  allow  such  compen 
sation  us  they  may  think  proper,  and  may  remove  and  dismiss  them,  or  any  of  them,  at 
pleasure;  and  shall  fill  all  vacancies  in  their  number  caused  by  death,  resignation,  or  other- 
Avise,  by  such  persons  from  among  the  stockholders  as  they  may  elect.  And  the  said  directors, 
or  a  majority  of  them,  may,  from  time  to  time,  make,  ordain,  and  establish  such  by-laws  and 
regulations  for  the  government  of  said  corporation  in  its  proceedings,  and  for  the  manage 
ment  of  its  stock  and  property,  as  may  by  them  be  deemed  necessary  and  convenient : 


RECONSTRUCTION TENNESSEE.  63 

Provided,  hoiccter,  the  same  be  not  repugnant  to  and  inconsistent  with  the  constitution  and 
laws  of  this  State  and  of  the  United  States. 

SEC.  5.  Be  it  further  enacted.  That  the  meetings  of  the  board  of  directors  shall  be  at  such 
times  and  places  as  they  may  themselves  determine;  and  special  meetings  thereof  may  be 
called  by  the  president  or  a  majority  of  the  directors,  and  at  all  meetings  thereof  a  majority 
shall  constitute  a  quorum  for  the  transaction  of  business. 

SEC.  6.  Be  it  further  enacted,  That  sYiid  directors  shall  keep,  or  cause  to  be  kept,  proper 
books  of  stock  and  accounts  of  the  business  and  affairs  of  said  company,  which  shall  be 
subject  at  all  times  to  the  inspection  of  the  stockholders,  and  they  shall  annually,  at  the 
expiration  of  their  term  of  office,  make  a  full  and  correct  report  to  the  stockholders  of  the 
transactions  of  the  year,  showing  the  amounts  of  property  and  means  received,  arid  whence 
received,  the  amount  disbursed,  and  for  what  purpose  disbursed,  the  amount  on  hand,  together 
with  such  other  information  as  may  be  required  by  the  stockholders  or  deemed  important  to 
the  interests  of  the  company. 

SEC.  7.  Be  it  further  enacted,  That  the  capital  stock  of  the  company  shall  be  two  million 

dollars,  divided  into  one  hundred  thousand  shares  of  twenty  dollars  each,  which  capital  stock 

may  be  increased  or  diminished  as  the  directors  may  determine ;    and  the  president  and 

1  directors  shall  regulate  the  proportion  of  stock  which  may  be  issued  to  each  member  on 

application. 

SEC.  8.  Be  it  further  enacted,  That  the  stock  and  property  of  said  company  and  corporation, 
of  whatever  nature,  shall  be  assignable  and  transferable  on  the  books  of  said  corporation  in 
such  manner  as  the  regulations  and  by-laws  thereof  may  prescribe. 

SEC.  9.  Be  it  further  enacted,  That  the  dividends  of  the  profits  of  said  corporation  shall  be 
made  at  such  times  among  the  stockholders  as  the  dividends  may  determine. 

SEC.  10.  Be  it  further  enacted,  That  the  board  of  directors  shall  have  no  power  to  bind  the 
corporation  by  any  contract  or  agreement  to  a  greater  amount  than  the  capital  stock  sub 
scribed  ;  and  in  case  of  their  attempting  to  do  so,  the  directors  so  participating  in  such  an 
attempt  shall  be  responsible  in  their  private  property  to  the  parties  injured. 

SEC.  11.  Be  it  further  enacted ',  That  said  corporation  may  receive  real  estate,  leasehold, 
mining  and  boring  interests  and  rights,  and  right  of  way,  in  payment  of  such  part  of  sub 
scription  to  stock  as  may  be  by  the  directors  deemed  advisable. 

SEC.  12.  Be  it  further  enacted,  That  said  corporation  shall  not  be  dissolved,  unless  by  a 
vote  of  two-thirds  of  the  whole  capital  stock. 

SEC.  13.  Be  it  further  enacted,  That  the  right  to  alter,  change,  or  repeal  this  act  is  hereby 
reserved  to  any  subsequent  legislature ;  and  nothing  shall  be  so  construed  as  to  grant  said 
company  banking  privileges. 

SEC.  14.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXVIII. 

AN  ACT  to  charter  the  East  Tennessee  Female  College. 

SECTION  1.  Be  it  enacted  'by  the  general  assembly  of  the  State  of  Tennessee,  That  a  female 
institution  be,  and  the  same  "is  hereby,  chartered  and  incorporated,  by  the  name  of  "The 
East  Tennessee  Female  College."  to  be  located  at  Cleveland,  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  the  following  persons  be  appointed  trustees  of  said 
institution:  G.  B.  Thompson,  M.  D.,  Rev.  Wm.  C.  Daily,  Robert  N.  Fleming,  M.  D.,  Rev. 
Hiram  Douglass,  William.  Hunt,  M.  D.,  Rev.  Robert  Sneed,  J.  H.  Brown,  M.  D.,  J.  H. 
Gaut,  esq.,  P.  M.  Craigmills,  M.  D.,  L.  P.  Gaut,  esq.,  J.  H.  Craigmills,  D.  P.  O'Neil, 
Thomas  H.  Colloway,  H.  B.  Davis,  William  Cate,  James  M.  Henderson,  Thomas  L.  Cate, 
Joseph  H.  Davis,  Jonathan  C.  Tipton,  and  Isaac  Lowe,  and  they  and  their  successors,  as 
hereafter  provided,  shall  constitute  a  corporation  for  ninety-nine  years. 

SEC.  3.  Be  it  further  enacted,  That  said  corporation  shall  be  able  and  liable,  in  law  and 
equity,  to  sue  and  be  sued,  plead  and  be  impleaded,  to  answer  and  be  answered,  and  to  de- 
feud  and  be  defended  in  all  courts  and  places,  as  any  other  legally  and  regularly  constituted 
corporation ;  may  have  a  common  seal,  may  alter  or  change  the  same  at  pleasure,  and  also 
shall  be  able  to  take  by  purchase,  grant  or  devise,  or  in  any  other  names,  and  to  hold  any 
real,  personal,  or  mixed  estate  whatever:  Provided  always,  The  clear  yearly  value  of  the  real 
estate  shall  not  exceed  the  sum  of  fifty  thousand  dollars:  And  provided  also,  That  the  prin 
cipal  and  interest  of  the  whole  fund  be  used  and  applied  for  the  use  and  promotion  of  educa 
tion  at  said  college,  and  to  no  other  purpose. 


64  RECONSTRUCTION— TENNESSEE. 

SEC.  4.  Be  it  further  enacted,  That  said  trustees  and  their  successors  in  office  shall  have 
lull  power  and  authority  to  collect  and  receive  all  funds  that  have  in  any  way  been  contribu 
ted  or  pledged  for  the  establishment  enlargement,,  maintenance,  or  benefit  of  said  institution, 
or  for  any  of  its  purposes,  and  apply  the  same ;  and  give,  grant,  bargain,  sell,  or  dispose  of 
all,  or  any,  of  said  real,  personal,  or  mixed  estate,  as  to  them  may  seem  best  for  the  interest 
of  said  institution. 

SEC.  5.  Be  it  further  enacted,  That  the  number  of  trustees  shall  at  no  time  exceed  twenty  ; 
seven  of  whom  shall  constitute  a  quorum,  with  power  to  transact  all  the  business  of  the 
institution,  except  to  sell  real  estate,  in  which  case  a  majority  of  the  board  must  act. 

SEC.  6.  Be  it  further  enacted,  That  the  trustees  and  their  successors  in  office  shall  have 
full  power  and  authority  to  direct,  manage,  and  control  the  funds  of  the  institution,  for  the 
benefit  of  the  same,  to  prescribe  the  course  of  study  and  the  discipline  to  be  observed  in  the 
institution. 

SEC.  7.  Be  it  further  enacted,  That  the  trustees  and  their  successors  in  office  shall  have 
power  to  select  and  elect,  whenever  a  majority  of  them  may  think  proper,  a  president  of  the 
institution,  and  such  professor  or  professors,  tutor  or  tutors,  as  they  may  consider  necessary 
for  the  institution,  and  these,  when  elected,  shall  constitute  a  faculty  for  the  education  and^ 
government  of  the  students,  under  the  restrictions  hereinbefore  and  hereafter  enacted. 

SEC.  8.  Be  it  further  enacted,  That  the  faculty  elected,  as  provided  in  the  seventh  section 
of  this  act,  shall  hold  office  during  the  pleasure  of  the  trustees :  Provided,  That  no  member 
of  the  faculty  shall  be  dismissed  by  the  trustees  without  just  cause,  previously  stated  to  him 
in  writing,  and  a  full  opportunity  for  defence  allowed  him  before  at  least  ten  (10)  of  the 
trustees  :  Provided,  That  if  complaint  shall  be  made  to  said  trustees,  or  any  of  them,  or  they 
or  any  of  them  have  knowledge  of  misconduct  on  the  part  of  any  member  of  the  faculty,  it 
shall  be  the  duty  of  the  trustees  to  immediately  call  a  meeting  of  their  body  to  investigate 
the  charges,  and  if  they  think  proper,  by  a  majority  vote  of  the  members  present,  if  five  or 
more,  suspend  said  officer  until  he  be  notified  and  tried,  as  herein  provided. 

SEC.  9.  Be  it  further  enacted,  That  no  member  of  the  faculty  shall  be  eligible  to  the  office 
of  trustee  except  the  president,  who  shall,  by  virtue  of  his  office,  be  a  member  of  the  board 

trustees. 

SEC.  1U.  Be  it  further  enacted,  That  said  trustees  shall,  under  the  regulations  provided  in 
this  act,  have  power,  upon  the  death,  resignation,  or  the  removal  of  one  of  its  members,  to 
supply  the  vacancy  by  the  election  of  some  other  person.  They  shall  also  have  power  to 
make  vacant  the  seat  of  any  member  of  the  board  who  shall  fail  to  attend  its  meetings  for 
the  term  of  twelve  months,  or  for  bad  or  any  want  of  good  character. 

SEC.  11.  Be  it  further  enacted,  That  said  trustees  shall  have  power  to  meet  from  time  to 
time  upon  their  own  adjournment,  and  as  often  as  they  shall  be  summoned  by  the  chairman 
or  president,  or  in  his  absence  by  the  secretary. 

SEC.  12.  Be  it  further  enacted,  That  the  president  of  the  board  of  trustees,  as  well  as  any 
other  officer  that  may  be  necessary  for  the  proper  organization  of  ^such  body,  may  be  elected 
once  in  every  year,  at  such  time  as  the  board  shall  fix  by  a  majority  vote;  and  the  officer 
elected  must  be  a  member  of  the  board  of  trustees. 

SEC.  13.  Be  it  further  enacted,  That  the  trustees,  and  their  successors  in  office,  have  power, 
and  authority  to  grant  and  confer  all  such  literary  degrees  and  honors  as  are  usual  in  any 
similar  institution  in  the  Union,  and  to  give  suitable  diplomas,  under  the  signatures  of  the 
faculty  and  five  of  the  board  of  trustees,  which  diploma  shall  entitle  the  possessor  to  the 
same  immunities  and  privileges  allowed  by  usage  and  statute  to  the  possessors  of  diplomas 
from  any  similar  institution:  Provided,  That  this  section  be  subject  to  legislative  control. 

SEC.  14.  Be  it  further  enacted,  That  said  trustees,  and  thoir  successors  in  office,  have  power 
and  authority  to  make  all  ordinances  and  by-laws  for  the  government  of  their  institution 
which  they  may  deem  expedient  for  carrying  the  design  of  the  institution  into  effect:  Pro 
vided,  That  none  of  the  by-laws  shall  be  inconsistent  with  the  constitution  and  laws  of  the 
State  or  of  the  United  States. 

SEC.  15.  Be  it  further  enacted,  That  at  a  meeting  of  the  board,  a  quorum  being  present, 
said  board  may,  in  the  absence  of  the  president,  name  one  of  its  members  chairman,  whose 
acts  shall  be  as  valid  as  the  acts  of  the  president,  and  all  acts  of  the  board,  under  such  cir 
cumstances,  shall  be  as  regular  and  effectual  as  if  the  president  had  been  present  and  presided 
over  (lie  meeting. 

SEC.  10.  Be  it  further  enacted,  That  all  the  property  belonging  to  said  institution,  or  which 
may  hereafter  belong  to  it,  be,  and  is  hereby,  exempt  from  taxation. 

SEC.  17.    Be  it  furtlnr  enacted,  That  this  act  shall  take  effect  from  its  passage. 

\\ILLIAM   IIEISKELL, 
Speaker  of  the  House  of  ffcvrettfttaftM*. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8,  1865. 


RECONSTRUCTION TENNESSEE.  65 

CHAPTER  XXIX. 

AN  ACT  to  change  the  line  between  the  counties  of  Anderson  and  Campbell. 

SECTION  I.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  county 
line  between  the  counties  of  Anderson  and  Campbell  be  so  changed  as  to  include  the  present 
residence  and  farm  of  Silas  L.  Arthur  in  the  county  of  Anderson. 

SEC.  2.  Be  it  furtfier  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGE.KS, 

Speaker  of  the  Senate. 
Passed  June  8,  1865. 


CHAPTER  XXX. 

AN  ACT  to  incorporate  the  Cumberland  Basin  Petroleum  and  Mining  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  John  T. 
Wilder,  W.  O.  Osgood,  W.  Hunt,  William  E.  Prall,  J.  H.  Fessenden,  S.  A.  Crittenden, 
James  W.  Clark,  P.  C.  Leary,  William  McMustry,  and  Samuel  Sawyer,  and  their  associates, 
successors,  and  assigns,  be,  and  they  are  hereby,  constituted  a  body  corporate,  by  the  name 
and  style  of  "The  Cumberland  Basin  Petroleum  and  Minirfg  Company,"  and  by  that  name 
shall  have  ninety-nine  years  succession,  and  shall  be  competent  to  sue  and  be  sued  in  any 
court  of  equity  or  law  whatever ;  to  have  and  use  a  common  seal,  and  to  alter  the  same  at 
pleasure ;  to  establish  and  change  any  by-laws  for  the  government  of  said  company  not 
inconsistent  with  the  constitution  and  laws  of  Tennessee  :  to  purchase,  hold,  and  dispose  of 
such  real  estate,  leases,  mines,  minerals,  iron,  coal,  oil,  salt,  and  personal  property  as  may 
be  necessary  for  the  legitimate  transaction  of  their  business ;  to  mine,  forge,  roll,  smelt, 
transport,  work,  .manufacture,  refine,  and  vend  said  minerals,  coal,  iron,  oil,  salt,  and  pro 
ducts  thereof,  and  issue  such  number  of  shares  of  the  stock  of  said  company,  at  the  repre 
sentative  par  value  thereof,  as  may  be  ordered  by  a  vote  of  said  company  ;  to  determine  the 
par  value  of  shares,  and  have  the  right  to  pay  in  shares  of  stock  of  the  corporation  for  such 
mining  interest,  or  interest  in  real  estate,  as  may  be  necessary  to  purchase  or  lease  for  the 
operation  of  the  works  of  the  company,  and  generally  to  have,  enjoy,  and  exercise  all  rights 
and  privileges  incident  to  corporations,  except  the  right  to  issue  notes  or  engage  in  banking. 

SEC.  2.  Be  it  further  enacted,  That  whenever  said  company  shall  become  possessed  of 
mines  or  minerals,  lands  or  leases,  iron,  coal,  pretroleum,  or  leases,  situate  in  this  State  or 
elsewhere,  a  separate  and  distinct  interest  of  each  mine,  bed,  field,  vein,  or  deposit,  or  lease, 
may  be  created  under  some  name  to  distinguish  the  same,  and  in  like  manner  may  organize 
under  and  enjoy,  as  a  distinct  branch  interest,  all  the  rights  and  privileges  named  in  the  first 
section  of  this  act. 

•   SEC.  3.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  Similar  corporations  in  this  State. 

SEC.  4.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passao-e. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives, 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  8, 1865. 

CHAPTER  XXXL 

AN  ACT  to  incorporate  the  Cumberland  Mining  and  Petroleum  Company  and  for  other 

purposes. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Barnard 
F.  Mullins,  Edward  W.  Metcalf,  Julius  C.  Hart,  Hugh  Barns,  Alexander  J.  Mullins,  and 
their  associates  and  successors  be,  and  they  are  hereby,  created  a  body  politic  aiid  corporate 
by  the  name  and  style  of  "The  Cumberland  Mining  and  Petroleum  Company,"  and  by  that 
name  shall  have  succession  for  ninety-nine  years,  and  shall  be  capable  in  law  and  equity  to 
sue  and  be  sued,  plead  and  be  impleaded,  in  all  suits  and  proceedings  whatever,  in  any  of 
the  courts  of  this  State,  and  for  the  purpose  of  boring  for  oil  and  salt,  and  mining  for  iron, 
eoal,  copper,  and  other  mineral  or  fossil  substances  in  this  State,  and  vending  and  selling 
the  same,  and  for  erecting  buildings  and  fixtures,  and  other  improvements,  in  order  to  carry 
on  said  mining  operations,  and  said  company  may  acquire  and  hold  all  needful  machinery 
and  apparatus,  and  may  have  a  common  seal,  and  the  same  may  alter  or  change  at  pleas 
ure;  may  take,  hold,  manage,  convey  or  transfer  any  real  or  personal  estate  or  property 
5  T 


6  6  RECONSTRUCTION TENNESSEE. 

necessary  for  their  business,  or  lease  the  same ;  and  may  make  by-laws  for  the  government 
of  the  company. 

SEC.  '2.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  be  five  hundred 
thousand  dollars,  ($500,000, )  in  shares  of  one  hundred  dollars  each,  and  the  corporators 
named  in  the  first  section  of  this  act  may  act  as  directors  in  organizing1  the  company,  and 
act  as  such  until  the  stockholders  have  a  general  meeting,  when  they  shall  elect  a  board  of 
five  directors,  and  thereafter  they  shall  elect  directors  annually  at  the  place  they  may  desig 
nate  for  business,  but  a  failure  to  elect  annually  shall  not  work  a  forfeiture  of  this  charter, 
but  the  then  existing  directors  shall  act  until  others  are  elected.  The  directors  shall  elect  one 
of  their  members  president,  and  may  appoint  a  secretary  and  treasurer,  and  such  other  officers, 
operatives,  and  agents  as  they  may  think  proper,  and  fix  their  compensation  and  wages. 

SEC.  3.  Be  it  further  enacted,  That  the  company  may  sue  any  delinquent  stockholder  for 
default  to  pay  in  his  stock,  or  any  of  it,  according  to  the  terms  of  the  subscription  or  regu 
lations  of  the  company,  or  may,  if  they  choose,  declare  forfeiture  of  such  stock,  and  may 
make  such  by-laws  and  rules  in  relation  thereto  as  are  not  inconsistent  with  the  constitution 
and  laws  of  this  State  or  of  the  United  States. 

SEC.  4.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  allow 
said  company  any  banking  privileges  whatever,  and  a  violation  of  this  charter  shall  author 
ize  the  legislature  to  alter  or  repeal  it. 

SEC.  5.  Be  it  further  enacted,  That  section  1  of  an  act  to  incorporate  "The  Raulston  Oil  and 
Slate  Company,"  passed  May  25,  1865,  be  so  amended  as  to  read  thus:  "  That  Albert  G. 
Ransom,  H.  D.  McKinney,  R.  S.  Raulston,  Hugh  L.  W.  Raulston,  W.  W.  Totten,  and 
Charles  Wescott,  and  their  associates,  successors,  and  assigns  be,  and  they  are  hereby,  con 
stituted  a  body  corporate  and  politic  by  the  name  and  style  of  '  The  Raulston  Coal,  Iron, 
Oil,  and  Salt  Company,'  and  by  that  name  and  style  shall  have  succession  for  ninety-nine 
years,  with  power  to  contract  and  be  contracted  with,  sue  and  be  sued,  plead  and  be  iin- 
pleaded,  answer  and  be  answered  unto,  in  all  courts  of  law  and  equity  in  this  State  or  else 
where  ;  to  have  and  to  use  a  common  seal  and  change  the  same  at  will ;  also,  to  buy,  lease, 
sell,  grant,  and  convey  lands  in  this  State  or  elsewhere  ;  to  explore  and  drill  for,  mine,  pump, 
and  raise  coal,  iron,  salt,  oil,  petroleum,  naptha,  asphaltum,  and  all  other  minerals  of  every 
description,  with  the  right  to  manufacture  and  refine  said  oils  and  minerals,  and  benzoin, 
burning  fluids,  dyes,  and  colors,  and  to  such  other  purposes  and  uses  as  are  now  known  or 
as  science  and  chemistry  may  hereafter  make  known  and  discover ;  also,  the  right  to  erect 
in  this  State  or  elsewhere  on  any  lands  they  may  acquire  by  purchase,  gift,  or  lease,  such 
furnaces,  rolling  mills,  machinery,  and  fixtures  as  they  may  think  proper ;  to  manufacture 
pig  metal,  rolled  iron,  and  all  other  kinds  of  manufactured  iron  or  other  metals,  as  they  may 
determine.  Also  the  right  to  transport,  sell,  and  dispose  of  all  such  oil,  coal,  iron,  salt,  and 
other  minerals,  together  with  all  such  manufactured  articles,  to  vend  at  such  places  in  this 
State,  or  elsewhere,  as  they  may  deem  most  profitable,  and  to  have  all  other  powers  proper 
and  needful  for  the  successful  prosecution  of  their  business,  and  for  the  execution  of  the 
powers  herein  granted." 

SEC.  6.  Be  it  further  enacted,  That  J.  A.  Stevens,  F.  Linck,  and  J.  M.  Wambough  be, 
and  they  are  hereby,  constituted  a  body  corporate  and  politic,  under  the  name  and  style  of 
"The  Jackson  Mining  and  Petroleum  Company,"  and  shall  have  the  same  perpetuation* 
powers,  and  privileges  granted  in  the  foregoing  sections  of  this  act,  with  the  same  succes 
sion,  rights,  and  franchises ;  and,  among  other  rights,  to  sue  and  be  sued,  to  have  and  use  a 
common  seal,  and  to  make  such  by-laws  as  shall  not  be  inconsistent  with  this  charter  and 
the  constitution  and  laws  of  the  United  States,  or  of  the  State  of  Tennessee ;  and  with 
powers  to  issue  and  sell  stock  in  shares  of  one  hundred  dollars  each,  and  the  capital  stock 
of  said  company  shall  be  two  hundred  thousand  dollars,  with  the  privilege  of  increasing  it 
to  five  hundred  thousand  dollars. 

SEC.  7.  Be  it  further  enacted,  That  so  much  of  an  act  passed  March  the  19th,  1800,  as 
refers  to  the  South  Nashville  Street  Railroad  Company,  and  that  so  much  of  said  act  passed 
February  29,  I860,  as  refers  to  the  McGavock  and  Mount  Vernon  Horse  Railroad  Company 
be,  and  the  same  are  hereby,  respectively  revived  and  amended  as  hereinafter  provided. 

SEC;.  8.  Be  it  further  enacted,  That  the  said  South  Nashville  Street  Railroad  Company 
shall  have  the  exclusive  right  of  way,  excepting  as  hereinafter  provided;  and  by  and  with 
the  consent  of  the  mayor  and  aldermen  and  council,  or  the  city  authorities  of 'Nashville, 
through  Cherry  and  College  streets  in  the  city  of  Nashville,  from  the  public  square  in  said 
city,  to  any  point  or  points  two  miles  south  of  the  southern  and  eastern  boundary  lines  of 
said  corporation,  over  which  to  constnict  two  lines  of  street  railroads;  also,  through  and 
over  Cedar,  Union,  and  Church  streets,  from  College  to  Cherry  .streets,  and  through  Franklin 
street,  or  such  other  location  as  may  In-  agreed  upon,  in  the  southern  part  uf  .said  city,  from 
Cherry  street  to  Maple  street,  and  through  Maple  street  to  its  southern  terminus. 

SEC.  9.  Be  it  further  enacted,  That  said  company  may  make  a  branch  street  railroad  from 
their  main  stem  or  trunk  to  and  through  Carroll  street  eastuanlly  to  the  Lebanon  turnpike 
road,  and  to  extend  the  same  at  will  southeastwardly  along  said  turnpike  road,  not  exceed 
ing  two  miles  from  the  corporation  line. 

SEC.  10.  Be  it  further  enacted,  That  E.  H.  East,  M.  Burns,  E.  R.  Ghtsscock,  Robert 
Thompson,  and  G.  H.  Wessel  be  added  to  the  other  commissioners  originally  named  in  the 


RECONSTRUCTION TENNESSEE  6  7 

McGavock  and  Mount  Vernon  Horse  Railroad  Company,  and  that  they,  their  associates  and 
successors,  are  hereby  constituted  said  body  politic  arid  corporate,  for  the  uses  and  purposes 
set  forth  in  said  original  charter. 

SEC.  11.  Be  it  further  enacted,  That  said  McGavock  and  Mount  Vernon  Horse  Railroad 
Company  and  the  South  Nashville  Street  Railroad  Company  shall  have  the  right  of  way  in  com 
mon  over  the  railroad  tracks  in  and  along  the  public  square  in  the  city  of  Nashville,  and  over 
the  tracks  of  said  roads,  or  either  of  them,  from  said  square  through  Cedar  street  to  Cherry, 
through  Cherry  street  to  Church  street,  through  Church  street  to  College  street,  through  Col 
lege  street  from  Church  street  to  the  public  square,  and  along  the  south  side  of  the  public 
square  to  the  suspension  bridge  piers,  and  along  the  west  side  to  Cedar  street,  and  to  use, 
build,  and  occupy  said  railroad  tracks  in  common,  and  upon  such  terms  and  conditions  as 
may  be  fair  and  equitable. 

SEC.  12.  Be  it  further  enacted,  That  said  two  street  railroad  companies  may  hereafter,  by 
and  with  the  consent  of  the  common  council,  mayor,  and  aldermen  of  the  city  of  Nashville, 
build  other  branches  to  their  respective  roads  over  and  through  such  other  streets  as  may 
hereafter  be  selected,  and  that  said  companies  may  contract  with  other  private  companies  for 
the  right  of  way  over  their  property,  and  lay  down  one  or  more  tracks  as  arms  or  branches 
to  said  railroads  to  such  point  or  points  as  may  be  agreed  upon. 

SEC.  13.  Be  it  further  enacted,  That  said  McGa^vock  and  Mount  Vernon  Horse  Railroad 
Company  shall  have  the  exclusive  right  of  way  for  a  street  railroad  over  such  streets  as  maybe 
selected  by  said  company  for  their  main  lines  and  branches,  excepting  as  hereinbefore  de 
clared  in  common  for  said  two  street  railroads. 

SEC.  14.  Be  it  further  enacted,  That  said  charters,  hereby  revived  and  amended,  shall  run 
for  fifty  years  from  and  after  its  passage,  and  that  all  acts  or  parts  of  acts  heretofore  passed 
coming  in  conflict  with  this  amended  act  be,  and  the  same  are  hereby,  repealed. 

SEC.  15.  Be  it  further  enacted,  That  Samuel  Watkins,  Wm.  R.  Elliston,  Joseph  T.  Ellis- 
ton,  John  O.  Evving,  Charles  Bosley,  John  H.  Williams,  Benjamin  Litton,  Wm.  H.  Gordon, 
R.  H.  McEwen,  and  W.  R.  Cornelius,  their  associates  and  successors,  are  hereby  constituted 
a  body  politic  and  corporate, under  the  name  of  the  West  Nashville  Street  Railroad  Company, 
and  by  that  name  may  have  succession  for  the  term  of  fifty  years,  may  sue  and  be  sued, 
plead  and  be  impleaded,  may  have  and  use  a  common  seal,  may  receive,  purchase,  and  hold 
such  personal  and  real  estate  or  property  as  may  be  necessary  for  carrying  on  the  business 
of  said  corporation,  and  the  same  to  sell  and  dispose  of  at  pleasure ;  may  make  all  needful 
by-laws  for  the  government  of  their  said  company,  not  inconsistent  with  the  laws  of  the 
United  States  or  of  this  State. 

SEC.  16.  Be  it  further  enacted,  That  said  company  is  incorporated  for  the  purpose  of  con 
structing  and  using  a  street  railroad  in  the  city  of  Nashville,  westwardly,  not  exceeding  two 
miles  from  the  corporation  boundary,  over  any  two  of  Gay,  Cedar,  Church,  and  Broad 
streets,  together  with  such  streets  running  at  right  angles  and  between  such  two  streets  as 
may  be  selected :  Provided,  The  same  shall  in  no  way  interfere  with  the  rights  and  privi 
leges  hereinbefore  granted  to  other  companies,  and  that  this  charter  is  granted  with  the  same 
rights,  privileges,  conditions,  and  restriclions  as  are  granted  and  imposed,  in  every  particular, 
u,pon  the  McGavock  and  Mount  Vernon  Horse  Railroad  Company,  passed  February  '29,  1860. 

SEC.  17.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Represcnttttttt* 
SAMUEL  R.  RQDGERS, 

Speaker  of  the  Senate. 

Passed  June  9,  1865. 


CHAPTER  XXXII. 

AN  ACT  to  incorporate  the  United  Hebrew  Brethren  Bern  fit  Society  of  Memphis. 

SECTION  1.  Be  it  further  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That 
J.  M.  Gnus,  M.  Skaller,  M.  Bren,  L.  Lyons,  J.  Heiligers,  S.  Goldbaum,  S.  Marks,  and 
others,  and  all  who  shall  hereafter  become  members  and  officers  of  the  benevolent  association 
known  by  the  name  and  style  of  the  "United  Hebrew  Brethren  Benefit  Society  of  Memphis," 
in  the  city  of  Memphis,  in  the  county  of  Shelby,  and  State  of  Tennessee,  be,  and  they  are 
hereby,  constituted  a  body  politic  and  corporate,  under  the  name  and  style  aforesaid,  witx 
full  powers  in  their  said  corporate  capacity  to  sue  and  be  sued,  plead  and  be  impleaded,  and 
hold  personal  and  real  property,  stock,  and  incorporated  hereditaments,  and  may  dispose  of 
tin-  same  in  such  manner  as  the  said  association  may  deem  most  expedient. 

SEC.  2.  Be  it  further  enacted,  That  the  said  United  Hebrew  Brethren  Benefit  Society  may 
use  a  common  seal,  and  change  the  same  at  pleasure;  and  enact,  from  time  to  time,  such 
by-laws  and  regulations  as  may  be  required  for  the  good  order  and  government  of  said 
society,  not  inconsistent  with  the  Constitution  of  the  United  States  or  the  Stare  of  Tennessee ; 
and  do  and  perform  all  other  acts  for  their  benefit  not  inconsistent  with  the  privileges  herein 
granted. 


6  8  EECONSTRUCTION — TENNESSEE. 

SEC.  3.  Be  it  further  enacted,  That  the  old  German  order  of  the  Farugari,  known  as 
Jackson  Lodge  No.  11],  he,  and  the  same  is  herehy,  incorporated,  with  the  same  powers 
and  privileges  as  conferred  by  the  other  sections  of  this  act,  and  not  inconsistent  with  the 
laws  of  the  State. 

SEC.  4.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Hr.firt  srntatires. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Passed  June  10,  1865. 

CHAPTER  XXXIII. 

AN  ACT  to  encourage  the  planting,  improvement,  and  other  interests  of  the  State  of  Ten 
nessee,  and  for  other  purposes. 

SECTION  1.  Be  it  enacted  ly  the  general  assembly  of  the  State  of  Tennessee,  That  Edward 
Yardly,  Thomas  B.  McElwee,  Peter  D.  Luther,  Wm.  D.  Whipple,  T.  W.  Yardly,  J.  W. 
Barker,  and  John  A.  Spooner,  be,  and  are  hereby,  incorporated  into  a  body  politic  and  cor 
porate,  and  their  successors,  under  the  corporate  name  and  style  of  the  "  Tennessee  Manu 
facturing  and  Improvement  Company." 

SEC.  2.  Be  it  further  enacted,  That' the  capital  stock  of  this  company  shall  be  two  hundred 
and  fifty  thousand  dollars,  divided  into  twenty -five  thousand  shares  often  dollars  each,  with 
the  privilege  of  increasing  the  capital  stock  to  an  amount  not  exceeding  five  million  dollars. 

SEC.  3.  Be  it  further  enacted,  That  this  company  shall  have  a  common  seal,  and  by  its 
corporate  name  and  style  shall  have  power  to  transact  all  its  business  in  its  corporate  name, 
purchase  and  lease  lands,  raise  and  manufacture  cotton,  also  oil  from  cotton  seed,  together 
with  the  mining  and  dealing  in  coal,  iron,  marble,  and  any  or  all  other  valuable  minerals : 
Provided,  This  company  shall  not  engage  in  the  business  of  banking. 

SEC.  4.  Be  it  further  enacted,  That  this  company  shall  have  full  power  and  authority  to 
open  and  make  roads,  by  rail  or  otherwise,  necessary  for  ingress  and  egress  in  its  operations 
in  shipping  their  products  to  market ;  said  company  being  at  its  own  expense  in  the  same, 
and  rendering  to  owners  of  lands — provided  said  owners  are  willing  to  dispose  of  the  lauds — 
just  compensation  for  the  right  of  way  and  land  so  appropriated. 

SEC.  5.  Be  it  further  enacted,  That  this  company  shall  have  power  to  elect  its  own  officers, 
and  establish  by-laws,  rules,  and  regulations  for  the  government  of  the  same  in  such  man 
ner  as  the  company  may  think  best ;  the  same  not  being  repugnant  to  this  act. 

SKC.  6.  Be  it  further  enacted,  That  this  corporation  shall  be  subject  to  such  taxes  as  may 
be  imposed  on  similar  institutions  in  this  State. 

SEC.  7.  Be  it  further  enacted,  That,  with  a  view  to  the  relief  of  the  travelling  community 
generally,  and  the  incorporated  turnpike  companies  of  the  State,  permission  is  granted  said 
turnpike  companies  to  collect  tolls  at  their  several  gates;  the  proceeds  of  the  same,  after, 
paying  the  expense  of  collection,  shall  be  appropriated  to  the  repair  of  said  roads  till  the 
same  are  made  equal  to  the  requirements  of  the  original  charter,  when  this  section  shall 
cease  to  have  any  further  effect. 

SEC.  8.  Be  it  further  enacted,  That,  to  enable  the  Lebanon  and  Nashville  Turnpike  Com 
pany  to  rebuild  the  bridges  burned  by  General  Forrest's  command  across  Mill  creek  and 
Stone's  river,  said  company  shall  be  allowed  to  charge  double  tolls  so  soon  as'oue  or  both  of 
said  bridges  are  completed,  and  so  continue  until  the  gross  amount  of  the  extra  toll  hereby 
allowed  shall  create  a  fund  sufficient  to  discharge  the  debts  incurred  in  rebuilding  said 
bridges,  and  no  longer,  when  the  provisions  of  this  section  shall  cease. 

SEC.  9.  Be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  />Y/>/v>v  nt/rtives. 
SAMUEL  R.  RODGERS, 

Speaker  oftiie  Senate. 

Passed  June  9,  1865. 

CHAPTER  XXXIV. 
AN  ACT  to  incorporate  the  New  York  and  Tennessee  Petroleum  and  Mining  Company. 

SECTION  1.*  Be  it  enacted  %  the  general  aaaewhly  of  the  State  of  Tennessee,  That  E.  A. 
Stillmnn,  L.  B.  Ostrander,  IVtcr  Dick,  Joseph  S.  Rains,  M.  L.  Parkhurst,  T.  8.  Briscoe, 
Edgar  Hyke,  Patrick  Lavelle,  Joseph  Cochnnn,  and  C.  J.  Hall,  (of  whom  the  first  five  shall 
constitute  the  directors  for  the  first  year,)  be,  and  they  are,  together  with  their  associates, 
successors,  and  assigns,  hereby  constituted  a  body  politic  and  corporate,  by  the  name  of 
"The  New  York  and  Tennessee  Petroleum  and  Mining  Company,"  for  the  purpose  of  ex- 


RECONSTRUCTION — TENNESSEE.  69 

ploring  for  petroleum,  rock  oil,  coal  oil,  salt,  volatile  substances,  and  all  ores,  minerals,  and 
metals,  and  for  mining,  pumping,  or  obtaining  by  any  other  process,  refining  and  vending 
the  same,  and  for  such  purposes  may  have  and  hold  in  fee  simple,  or  for  a  term  of  years,  real 
or  personal  estate ;  may  mortgage,  transfer,  or  convey  the  same ;  may  purchase,  construct, 
or  erect  all  necessary  buildings,  apparatus,  roads,  &c.,  for  conducting  their  operations;  may 
have  a  common  seal,  and  alter  or  renew  the  same  at  pleasure ;  enjoy  all  the  privileges  and 
immunities  of  similar  corporations,  and  by  that  name  may  sue  and  be  sued,  plead  and  be 
impleaded,  appeal,  prosecute,  and  defend  in  suits  and  actions,  in  any  court  of  law  or  equity 
in  this  or  any  other  State ;  may  make  such  by-laws,  rules,  and  regulations  for  accomplishing 
the  objects  of  the  corporation  as  may  be  deemed  best  from  time  tcrtiine  by  a  majority  of  the 
board  of  directors :  Provided,  Such  by-laws,  rules,  and  regulations  do  not  conflict  with  the 
spirit  and  letter  of  this  charter,  the  Constitution  and  laws  of  the  United  States,  or  of  the 
State  of  Tennessee. 

SEC.  2.  Be  it  further  enacted,  That  at  any  time  within  five  years  from  the  passage  of  this 
act  a  majority  of  the  above  named  persons  may  meet  in  the  city  of  Nashville,  and  after 
accepting  this  charter  may  proceed  to  open  books  for  the  subscription  of  stock. 

SEC.  3.  Be  it  further  enacted,  That  the  capital  stock  of  said  company  shall  consist  of  not 
less  than  fifty  nor  more  than  five  hundred  thousand  dollars,  to  be  divided  into  such  number 
of  shares  as  the  board  of  directors  may  determine. 

SEC.  4.  Be  it  further  enacted,  That  when  twenty  per  cent,  of  the  stock  shall  be  subscribed 
for,  and  as  much  as  ten  per  cent,  in  cash,  or  real  or  personal  estate  in  fee  or  leasehold  (the 
value  of  the  same  to  be  determined  and  agreed  upon  by  the  board  of  directors)  shall  be  paid 
into  the  treasury  of  the  company,  or  be  in  its  legal  possession,  the  board  shall  proceed  to 
elect  a  president,  secretary,  treasurer,  and  such  other  officers  as  they  may  see  fit. 

SEC.  ;">.  Be  it  further  enacted,  That  the  directors  shall  require  books  to  be  kept  containing 
the  names  of  the  stockholders,  the  amount  of  their  subscription,  payments,  transfers  of  stock, 
and  every  fact  relating  to  the  stock,  which,  at  all  reasonable  times,  shall  be  subject  to  the 
inspection  of  any  and  every  stockholder. 

SEC.  6.  Be  it  further  enacted,  That  each  stockholder  shall  be  entitled  to  a  certificate,  or 
certificates,  of  the  stock  he  or  she  may  own,  which  certificate  shall  be  signed  by  the  presi 
dent  and  secretary  of  the  company,  and  stamped  with  its  seal. 

SEC.  7.  Be  it  further  enacted,  That  no  transfers  of  stock  shall  be  valid,  until  such  transfer 
is  registered  onthe  books  of  the  company  by  the  prescribed  officer  or  regular  transferring  agent. 

SEC.  8.  Be  it  further  enacted,  That  the  chief  office  of  the  company  shall  be  at  Nashville, 
but  the  directors  may  establish  a  branch  office  at  the  field  of  operations,  and  elsewhere,  if 
the  interests  of  the  company  are  deemed  to  require  it. 

SEC.  9.  Be  it  further  enacted,  That  the  directors  of  the  company  shall  not  be  less  than  five 
in  number,  and  after  the  first  year  shall  be  chosen  by  the  stockholders. 

SEC.  10.  Be  it  further  enacted,  That  nothing  in  this  act  shall  be  so  construed  as  to  allow 
banking  privileges  under  this  corporation. 

SEC.  11.  Be  itfuither  enacted,  That  for  any  violation  of  this  charter  the  legislature  may 
alter,  change,  or  repeal  this  act. 

SEC.  1&  Be  it  further  enacted,  That  C.  Hamburgh,  Thomas  Hays,  Sol.  Barber,  Jack  Huff 
man,  James  Killeben,  Moses  Oldburn,  and  M.  D.  Davin,  of  the  county  of  Montgomery,  be, 
and  they  are  hereby  constituted,  a  body  politic  and  corporate,  by  the  name  of  "The 
Montgomery  and  Cumberland  River  Coal  and  Oil  Company,"  with  all  the  rights,  powers, 
and  privileges  that  are  hereby  granted  to  "The  New  York  and  Tennessee  Petroleum  and 
Mining  Company." 

SEC.  13.  Be  itjurther  enacted,  That  this  act  shall  take  effect  from  the  date  of  its  passage. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Eepresentatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Passed  June  10,  1865. 


CHAPTER  XXXV. 
AN  ACT  to  re-charter  the  Tennessee  Marine  and  Fire  Insurance  Company. 

SECTION  1.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  Joseph 
Vaulx,  \Vm.  T.  Berry,  Samuel  J.  Carter,  Joseph  B.  Knowles,  Samuel  Watkins,  John  M.  Hill, 
James  A.  McAllister,  or  any  three  of  them,  be,  and  are  hereby,  authorized  to  open  subscrib- 
tions  in  Nashville,  for  the  capital  stock  of  said  company,  on  Monday,  the  25th  day  of  June 
next,  and  keep  them  open  every  day  between  the  hours  of  10  a.  m.  and  4  p.  m.,  until  Saturday, 
4  o'clock  p.  m.,  the  30th  day  of  the  same  mouth :  Provided,  The  present  stockholders  in  said 
company  shall  have  the  right  to  subscribe  for  stock  not  exceeding  the  amount  now  held  by 
them  in  said  company ;  and  the  subscribers  to  the  stock  of  the  company,  and  their  success 
ors,  shall  be,  and  they  are  hereby  declared  to  be,  a  body  politic  and  incorporate,  by  the  name 
and  style  of  the  "Tennessee  Marine  and  Fire  Insurance  Company,"  and  by  that  name  shall 


70  RECONSTRUCTION — TENNESSEE. 

so  continue  until  the  first  day  of  January,  eighteen  hundred  and  ninety-five,  and  be  capable 
in  law  to  sue  and  be  sued,  plead  and  be  impleaded,  answer  and  be  answered,  defend  and  be 
defended,  in  all  courts  of  law  and  equity,  or  elsewhere;  and  to  make  and  use  a  common  seal, 
and  the  same  to  alter  or  renew  at  their  pleasure;  and  generally  to  do  and  perform  all  things 
relative  to  the. objects  of  this  institution  which  now  is  or  shall  be  lawful  for  any  individual  or 
body  politic  or  corporate  to  do. 

SEC.  2.  Be  it  further  enacted,  That  the  capital  stock  of  this  company  shall  be  one  hundred 
thousand  dollars,  to  be  increased  at  the  pleasure  of  the  stockholders,  not  to  exceed  three  hun 
dred  thousand  dollars,  divided  into  shares  of  fifty  dollars  each:  fifteen  dollars  on  each  share 
shall  be  paid  at  the  time  ofsubscribiug,  arid  ten  dollars  on  each  share  shall  at  the  same  time  be 
secured  by  negotiable  notes  with  security,  to  be  approved  by  the  president  and  directors, 
payable  in  one  of  the  banks  of  Nashville,  in  ninety  days  from  the  date,  to  the  president, 
directors  and  company  of  said  "Tennessee  Marine  and  Fire  Insurance  Company:"  the 
balance  of  said  stock  shall  be  secured  by  notes  not  having  more'  than  six  months  to  run,  with 
personal  security,  to  be  approved  by  the  president  and  directors. 

SEC.  3.  Be  it  further  enacted,  That  so  soon  as  five  hundred  shares  are  subscribed  for  and 
paid,  or  secured  to  be  paid,  the  company  shall  be  competent  to  transact  all  kinds  of  business 
for  which  it  is  established ;  and  it  shall  be  lawful  for  the  stockholders  to  meet  as  hereafter 
directed  and  choose  their  directors. 

SEC.  4.  Be  it  further  enacted,  That  said  corporation  is  hereby  authorized  and  empowered 
to  hold,  possess,  and  acquire,  and  the  same  to  sell  and  convey,  all  such  real  estate  as  may  be 
necessary  for  the  transaction  of  its  business,  or  which  may  be  conveyed  to  said  company  for 
the  security  of  any  debt  which  may  become  due  or  owing,  or  in  satisfaction  of  any  judgment 
or  decree  rendered  in  favor  of  said  company,  and  may  make  such  regulations  as  may  be 
necessary  and  proper  for  the  good  government  of  said  company. 

SEC.  5.  Be  it  further  enacted,  That  the  said  Tennessee  Marine  and  Fire  Insurance  Com 
pany  shall  have  full  power  and  authority  to  make  insurances  on  ships  and  other  sea  vessels, 
and  upon  steamboats,  flat-boats,  and  other  river  boats  ;  upon  freight,  seamen's  wages,  wares, 
and  merchandise,  and  gold  and  silver,  bullion,  or  money,  against  all  maritime  risks  of  the 
rivers,  seas,  or  lakes  ;  and  upon  houses,  stores,  and  other  buildings,  goods,  wares,  merchan 
dise,  furniture,  and  other  articles  against  fire,  and  upon  bottomry  and  respondentia,  and  fix 
a  premium  thereon.  And  the  said  company  shall  have  power — first,  to  take  insurance  on 
lives ;  second,  to  receive  and  hold  land  under  grants,  with  general  or  special  covenants, 
so  far  as  the  same  may  be  necessary  for  the  transaction  of  their  business ;  or  when  the 
same  may  be  taken 'in  payment  of  debts  due  the  company,  or  purchased  upon  sale  made 
under  any  law  of  this  State,  so  far  as  the  same  may  be  necessary  to  protect  the  rights  of  said 
company,  and  the  same  again  to  sell,  convey,  and  dispose  of;  and  generally  to  do  and  per 
form  all  other  things  necessary  to  promote  these  objects. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  be  lawful  for  said  company  to  invest  any  part 
of  its  capital  stock,  money,  fund,  or  other  property,  'in  any  public  stock  or  funded  debt, 
created  or  to  be  created,  by  or  under  any  laws  of  the  United  Stales  or  this  (or  any  other) 
State,  or  in  the  stocks  of  any  chartered  bank  in  this  State  or  of  the  United  States,  and  the 
same  to  sell  or  transfer  at  pleasure ;  and  again,  to  invest  the  same  whenever  and  so  often  as 
the  exigencies  of  said  company  or  a  due  regard  for  the  safety  of  its  funds  shall  require;  or 
they  may  loan  the  same,  or  any  part  thereof^  to  individuals  or  public  corporations,  on  real  or 
personal  security,  for  such  periods  of  time  as  the  directors  for  the  time  being  shall  deem  pru 
dent  and  best  for  the  interests  of  said  company. 

SEC.  7.  Be  it  further  enacted,  That  the  real  and  personal  estate,  business,  property,  and 
fund  of  said  company,  and  the  administration  of  its  affairs,  shall  be  under  the  direction, 
management,  and  control  of  a  board  of  eleven  directors,  each  of  whom  shall  be  owners  in 
their  own  names  of  not  less  than  ten  shares  of  the  capital  stock  of  said  company,  citizens  of 
the  United  States  and  of  this  State. 

SEC.  8.  Be,  it  further  enacted,  That  an  election  shall  be  held  after  the  first  election,  for  the 
board  of  directors  for  said  company,  at  the  office  of  said  company  in  Nashville,  on  the  first 
Monday  in  October  in  each  year  and  every  succeeding  year,  of  which  ten  days'  notice  shall 
be  given  in  at  least  two  of  the  newspapers  printed  in  Nashville,  each  shareholder  giving  one 
vote  for  each  share  of  which  he  or  she  may  be  the  owner,  but  no  shareholder  shall  be  entitled 
to  more  than  thirty-five  votes ;  and  the  persons  so  elected  shall  serve  as  directors  for  the  next 
succeeding  twelve  mouths  ;  and  if  at  any  time  an  election  shall  not  be  held  as  herein  pro 
vided,  the  said  company  shall  not  be  dissolved  ;  but  the  hoard  of  directors  for  the  time  being 
shall  serve  until  another  election  takes  place,  which  mav  bo  at  anytime  thereafter,  the  board 
for  the  time  being  giving  at  least  ten  days'  notice  thereof  in  two  of  the  newspapers  printed  at 
Nashville;  and  the  said  directors  are  hereby  authorized  to  fill  any  vacancy  that  may  happen 
through  death,  resignation,  or  otherwise. 

SEC.  9.  Be  it  further  enacted,  That  the  directors  so  elected  shall  elect  one  of  their  body 
president  of  said  company,  who  shall  serve  until  the  next  annual  election;  and  in  case  of  his 
death,  resignation,  or  removal,  the  board  shall  appoint.a  president  pro  tenipore ;  they  shall  fill 
all  vacancies  which  mny  occur  in  their  own  body,  and  shall  appoint  a  secretary,  and  all  sub 
ordinate  officers,  clerks,  agents,  and  servants  of  said  company;  fix  their  compensation,  define 
their  powers,  and  prescribe  their  duties ;  who  shall  hold  their  offices  during  the  pleasure  of 
the  board. 


RECONSTRUCTION — TENNESSEE.  71 

SEC.  10.  Be  it  further  enacted,  That  the  president  and  four  directors,  or  five  directors  in  the 
absence  of  the  president,  shall  constitute  a  quorum  to  transact  business  for  said  company. 
The  board  of  directors  shall  have  full  power  and  authority  to  establish  agencies  in  this  State, 
and  any  other  State  or  States,  appoint  agents  and  other  assistants  fortonducting  the  business 
of  the  same,  and  prescribe  the  mode  and  amount  of  their  compensation ;  to  appoint  from 
their  own  body,  risk  and  other  committees,  and  establish  by-laws  and  other  regulations 
deemed  necessary  for  the  proper  management  of  the  business  of  said  company. 

SEC.  11.  Be  it  further  enacted,  That  the  stock  of  said  company  shall  be  held  and  considered 
personal  property,  and  it  shall  not  be  assigned  or  transferred,  except  on  the  books  of  the 
company,  and  with  the  assent  of  two-thirds  of  the  directors,  and  in  the  manner  and  forms 
which  shall  be  prescribed  by  the  board  of  directors ;  yet  such  stock  to  be  liable  for  the  satis 
faction  of  debts,  as  prescribed  by  law. 

SEC.  12.  Be  it  further  enacted,  That  on  the  first  Mondays  of  October  and  April  of  each  year 
half-yearly  statements  shall  be  made  exhibiting  a  true  statement  of  the  condition  of  the  com 
pany,  which  shall  be  laid  before  the  stockholders,  and  such  dividends  may  be  made  as  the 
president  and  directors  may  deem  advisable,  but  they  shall  in  no  case  diminish  the  capital  stock. 

SEC.  13.  Be  it  further  enacted,  That  if  at  any  time  a  stockholder  shall  fail  to  pay  such 
instalments  on  his  stock  as  may  be  called  for  at  the  time  and  in  the  manner  prescribed,  the 
board  of -directors,  for  the  time  being,  shall  have  full  power  to  declare  such  stock  forfeited, 
and  shall,  after  giving  ten  days'  notice  thereof,  offer  the  same  for  sale,  at  public  auction,  to 
the  highest  bidder,  for  cash,  and  the  number  of  shares  so  sold  shall  be  transferred  by  the 
president  of  the  board  of  directors  to  the  highest  bidder,  who  shall,  by  virtue  of  such  transfer, 
become  a  member  of  said  company,  and  if  the  sum  bid  be  not  equal  to  the  amount  paid  and 
the  call  for  which  it  is  sold,  the  company  may  proceed  to  collect  the  residue  from  the  original 
stockholder  by  suit  in  any  court  or  tribunal  of  this  State  having  jurisdiction  thereof. 

SEC.  14.  Be  it  further  enacted,  That  the  board  of  directors  shall  have  the  power  at  any 
time,  when,  in  their  opinion,  the  interest  of  the  company  requires  it,  to  demand  of  any  stock 
holder  additional  security  for  such  part  of  his  stock  as  may  remain  unpaid,  and  if  such  stock 
holder  fail  or  refuse  to  give  such  additional  security  to  the  satisfaction  of  the  board  of  directors, 
they  may  declare  such  stock  forfeited,  and  sell  the  same  as  provided  for  in  the  preceding  section. 

SEC.  15.  Be  it  further  enacted,  That  so  soon  as  the  amount  of  stock  mentioned  in  the  third 
section  of  this  act  is  subscribed  for,  and  after  five  days'  notice  in  two.  of  the  newspapers 
published  in  Nashville,  signed  by  any  three  members  of  the  company,  the  stockholders  shall 
meet  at  such  time  and  place  as  may  be  appointed  within  the  city  of  Nashville,  and  elect,  by 
ballot,  the  first  board  of  directors — a  plurality  of  votes  given  shall  elect — and  the  persons  so 
elected  shall,  at  their  first  meeting,  elect  one  of  themselves  president  of  the  board,  who,  with 
said  directors,  shall  serve  until  the  first  Monday  in  October,  1866,  and  until  another  board  of 
directors  is  elected. 

SEC.  16.  Be  it  further  enacted,  That  no  stockholder  or  member  of  this  company  shall  be 
answerable  in  his  person  or  individual  property  for  any  contract  or  agreement  of  said  com 
pany,  or  for  any  losses,  deficiencies,  or  failures  of  the  capital  stock  of  this  company,  but  the 
whole  of  said  capital  stock,  together  with  all  property,  rights,  and  credits  belonging  thereto, 
and  nothing  more,  shall,  at  any  time,  be  answerable  for  the  demands  against  said  company : 
Provided,  That  any  director,  or  directors,  who  shall  sanction  or  aid  in  the  continuance  of 
said  company  after  it  shall  become  insolvent  and  unable  to  meet  its  liabilities,  and  said  fact 
known  to  the  directors,  shall  be  held  personally  responsible  for  all  deposits  thereafter  made, 
or  liabilities  thereafter  incurred,  by  said  company. 

SEC.  17.  Be  it  further  enacted,  That  nothing  herein  contained  shall  be  so  construed  as  to 
give  the  company  hereby  created  the  power  of  issuing  bills  of  credit  or  exercising  banking 
privileges. 

SEC.  18.  Be  it  further  enacted,  That  nothing  herein  contained  shall  be  so  construed  as  to 
prevent  the  legislature  from  granting  similar  powers  and  privileges  to  similar  associations. 

SEC.  19.  Be  it  further  enacted,  That  the  company  hereby  created  shall  have  all  the  rights 
and  privileges  that  belong  by  existing  laws  or  that  may  hereafter  be  granted  to  other  insur 
ance  companies  of  this  State. 

SEC.  20.  Be  it  further  enacted,  That  should  the  requisite  amount  of  stock  not  be  subscribed 
by  the  time  specified  in  section  one,  those  appointed  to  open  .subscriptions,  or  any  three  of 
them  may,  from  time  to  time,  re-open  books  for  the  subscription  of  stock  in  this  company, 
until  the  proper  amount  be  taken :  Provided,  The  time  allowed  for  said  subscriptions  shall 
terminate  on  the  first  day  of  December  next. 

SEC.  21.  Be  it  further  enacted,  That  a  bonus  to  the  State  of  half  of  one  per  centum  upon 
their  capital  be  paid  for  the  use  of  common  schools  in  the  State  of  Tennessee. 

SEC.  22.  Be  it  further  enacted,  That  the  law  requiring  the  Union  Insurance  Company  and 
the  Life  Insurance  Company,  called  "The  East  Tennessee  Mutual  and  Trust  Company," 
to  deposit  with  the  comptroller  of  the  State  twenty  thousand  dollars  of  six  per  cent,  bonds  of 
the  State  be,  and  is  herebv,  repealed. 

SEC.  23.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  passage. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Passed  June  10,  1865.  Speaker  of  the  Senate. 


72  RECONSTRUCTION — TENNESSEE. 

Resolutions. 

NUMBER  I. 
JOINT  RESOLUTION  to  compare  the  vote  for  governor. 

Resolvedly  the  general  assembly  of  the  State  of  Tennessee,  That  the  two  houses  meet  in  the 
representatives' hall,  on  luesday  the  4th  instant,  for  the  purpose  of  comparing  the  vote  cast 
m  the  election  for  governor,  held  on  the  4th  day  of  March,  M>5,  in  the  State  of  Tennessee 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Adopted  April  4,  18G5.  8ptalur  °f  the  Senate' 


NUMBER  II. 
A  JOINT  RESOLUTION  of  respect  to  the  memory  of  Hon.  Samuel  K.  McCammon. 

1.  Resolved  by  the  general  assernUy  of  the  State  of  Tennessee,  That  we  deeply  regret  the 
death  ot  lion.  Samuel  McCammon,  joint  representative  from  the  counties  of  Knox  and  Sevier  • 
that  m  his  death  this  body  has  lost  an  experienced  and  useful  member,  the  State  a  <rood 
citizen,  the  government  a  firm  and  ardent  supporter. 

2.  Resolved,  That  we  sympathize  with  his  bereaved  wife  and  children,  and   as  a  token  of 
respect  for  his  memory,  that  we  wear  the  usual  badge  of  mourning  for  thirty  days 

3.  Resolved,  That  a  copy  of  these  resolutions  be  forwarded  to  his  widow,  and  the  same  be 
spread  on  the  journal  of  this  house. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives 
SAMUEL  R.  RODGERS 

Adopted  April  4,  1865.  ^er  °f  **  Senate' 

NUMBER  III. 

SENATE  RESOLUTION  to  print  rules  for  its  government. 

Resolved,  That  one  hundred  copies  of  the  rules  of  1859  and  1860,  adopted  on  yesterday 
be  published  for  the  use  of  the  senate.  y 

SAMUEL  R.  RODGERS, 

Adopted  April  4,  1865.  Speak*r  °f  th°  Senate' 

NUMBER  IV. 
SENATE  RESOLUTION  fixing  number  of  papers  to  be  taken  by  members. 

Resolved,  That  the  members  of  the  senate  select  each  three  of  the  daily  papers  of  this 
city  and  no  more,  and  that  the  same  be  paid  for  out  of  the  State  treasury. 

SAMUEL  R.  RODGERS, 
Adopted  April  4,  1865.  Speaker  °fthe  Senate' 

NUMBER  V. 
SENATE  RESOLUTION  inviting  General  Thomas  to  a  seat  in  the  senate. 

Resolved,  That  Major  General  George  H.  Thomas  be  invited  to  visit  the  senate   and  that 
committee  of  three  be  appointed  to  notify  him  of  this  invitation. 

SAMUEL  R.  RODGERS, 

A  ,  Speaker  of  the  Senate. 

Adopted  April  4,  1865. 


RECONSTRUCTION TENNESSEE.  73 

NUMBER  VI. 
SENATE  RESOLUTION  to  open  the  senate  with  prayer. 

Resolved,  That  the  daily  proceedings  of  the  senate  shall  be  opened  by  prayer,  and  to  this 
end  the  speaker  be  authorized  to  invite  the  loyal  clergymen  present  in  the  city  to  officiate. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  4,  1865. 


NUMBER  VII. 
JOINT  RESOLUTION  to  notify  the  governor  of  his  election. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  two  be  ap 
pointed  on  the  part  of  the  senate,  and  such  committee  as  the  house  of  representatives  may 
appoint,  to  notify  his  excellency,  Governor  William  G.  Brownlow,  of  his  election  as  gover 
nor  of  the  State  of  Tennessee,  and  request  him  to  designate  what  time  will  suit  him  to  be 
inaugurated. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  4,  1865. 

NUMBER  VIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  inaugurate  the  governor. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  will  meet  the 
house  of  representatives  in  the  hall  of  the  latter  at  11  o'clock  a.  m.f  on  to-morrow,  to  parti 
cipate  in  the  inauguration  ceremonies. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  tlie  Senate. 
Adopted  April  5,  1865.        • 

NUMBER  IX. 

JOINT  RESOLUTION  adopting  the  amendments  of  the  Constitution  of  the  United  States 

abolishing  slavery. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  amendments  of  the 
Constitution  of  the  United  States  proposed  by  the  Congress  of  the  United  States  on  the  first 
day  of  February,  1865,  in  the  words  and  figures  following,  to  wit: 

" Resolved  by  the  Senate  and  House  of  Representatives  of  the  United  States  in  Congress  as 
sembled,  (two-thirds  of  both  houses  concurring,)  That  the  following  article  be  proposed  to 
the  legislatures  of  the  several  States  as  an  amendment  to  the  Constitution  of  the  United 
States,  which,  when  ratified  by  the  legislatures  of  three-fourths  of  said  States,  shall  be  valid, 
to  all  intents  and  purposes  as  a  part  of  the  Constitution,  namely: 

"ARTICLE   VIII. 

"SECTION  1.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the  United  States  or 
any  place  subject  to  their  jurisdiction. 

"SEC.  2.  Congress  shall  have  power  to  enforce  this  article  by  appropriate  legislation. 

"  A.  LINCOLN. 
"Approved  February  ],  1865." 

Be,  and  the  same  is  hereby,  ratified  as  a  part  of  the  Constitution  of  the  United  States  of 
America. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  5,  1865. 


74  RECONSTRUCTION — TENNESSEE. 


NUMBER  X. 

A  JOINT  RESOLUTION  tendering  the  thanks  of  the  general  assembly  of  the  State  of 

Tennessee  to  Gen.  Thomas. 

WHEREAS,  The  major  general  commanding  the  department  of  the  Cumberland  has  directed 
Brevet  Brigadier  General  Donaldson,  chief  quartermaster,  to  give  free  transportation  on 
United  States  military  railroads  to  senators  and  representatives  of  the  State,  and  the  quarter 
master  has  requested,  in  writing,  that  the  information  be  furnished  to  him :  therefore, 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  the  general 
assembly  of  the  State  of  Tennessee  are  hereby  tendered  to  Major  General  Thomas,  com 
manding,  for  his  kindness  and  liberality ;  and  that  the  clerk  of  the  senate  furnish  to  Brevet 
Brigadier  General  Donaldson  a  list  of  the  names  of  the  senators,  and  that  the  clerk  of  the 
house  furnish  a  list  of  the  names  of  the  members  of  the  house  and  their  officers  and  reporters, 
in  compliance  with  his  request. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  10,  1865. 


NUMBER  XI. 

JOINT  RESOLUTION  tendering  the  thanks  of  the  loyal  people  of  Tennessee  to  the  legis 
lature  of  Ohio. 

Whereas  the  legislature  of  Ohio  did,  on  the  31st  day  of  March,  1864,  pass  a  joint  reso 
lution  instructing  their  senators  and  requesting  their  representatives  in  Congress  to  use  their 
influence  to  have  enacted  proper  laws  to  feed,  clothe,  and  furnish  transportation  to  the  desti 
tute  people  of  East  Tennessee,  who  by  the  ravages  of  war  were  compelled  to  leave  their 
homes  and  seek  homes  in  a  strange  land  amongst  strangers ;  and  whereas  said  resolution 
was,  in  the  opinion  of  the  people,  of  East  Tennessee,  one  of  the  legitimate  offsprings  of  the 
patriotism  and  love  of  country  of  the  gallant  and  self-sacrificing  people  ,,f  Ohio,  and  strength 
ened  the  bonds  of  friendship  and  brotherly  love  existing  between  the  loyal  people  of  Ten 
nessee  and  Ohio :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  the 
loyal  people  of  the  State  of  Tennessee  are  hereby  tendered  to  the  legislature  of  Ohio  for  this 
manifestation  of  their  confidence  and  esteem,  and  for  this  Christian  and  patriotic  offer  to 
relieve  the  destitute  of  our  State. 

Resolved,  That  the  secretary  of  State  be,  and  he  is  hereby,  instructed  to  transmit  imme 
diately  a  copy  of  this  preamble  and  resolutions  to  the  secretary  of  state  of  Ohio,  with  a 
request  that  he  lay  the  same  before  the  legislature  of  said  State  now  in  session. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Adopted  April  11,  1865. 


NUMBER  XII. 

JOINT  RESOLUTION  directing  the  State  treasurer  to  pay' to  members  of  the  legislature 

the  amount  due  them. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  acting  treasurer  of  the 
State  pay  to  each  member  of  the  senate  and  house  of  representatives,  and  the  officers  thereof, 
the  amount  that  may  be  due  them  when  they  apply  for  the  same,  and  take  a  receipt  for  the 
same,  which  shall  be  good  at  the  close  of  the  session  in  the  settlement  of  their  accounts. 

WILLIAM    1 1  Kl SKULL, 
Speaker  of  tin-  llomn-  of  /.Y/m,w  iitatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  11,  1865. 


RECONSTRUCTION TENNESSEE.  75 

NUMBER  XIII. 
JOINT  RESOLUTION  to  elect  a  secretary  of  state. 

Whereas  a  vacancy  has  occurred  in  the  office  of  secretary  of  state :  Therefore, 
Resolved  by  the  general  assembly  of  the  State  of  Tenncsste,  That  the  senate  and  house  of 
representatives  meet  in  convention  in  the  representative  hall,  on  Monday,  the  17th  day  of 
April,  at  2  o'clock,  p.  m.,  to  fill  said  vacancy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XIV. 
JOINT  RESOLUTION  to  raise  a  committee  on  the  State  library. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  joint  committee  be  ap 
pointed  on  the  State  library,  two  on  behalf  of  the  senate  and  three  on  behalf  of  the  house  of 
representatives. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XV. 

JOINT  RESOLUTION  to  appoint  a  joint  committee  of  the  two  houses  to  report  joint  rules 
and  regulations  for  the  government  of  both  houses. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  speaker  of  the  senate 
appoint  a  committee  of  three,  to  act  in  conjunction  with  such  committee  as  may  be  appointed 
on  the  part  of  the  house  of  representatives,  to  report  joint  rules  and  regulations  for  the  govern 
ment  of  the  two  houses. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XVI. 
JOINT  RESOLUTION  to  raise  a  joint  committee  to  redistrict  the  State. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  five  on  the 
part  of  the  senate,  and  such  number  as  the  house  of  representatives  may  appoint,  shall  con 
stitute  a  joint  committee,  who  shall  report  a  bill  redistricting  the  State  for  members  of  Con 
gress,  and  senators  and  representatives  to  the  State  legislature,  as  required  by  law. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  12,  1865. 

NUMBER  XVII. 

JOINT  RESOLUTION  to  appoint  a  committee  to  investigate  the  past  and  present  condition 
and  management  of  the  penitentiary. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  committee  on  the  peni 
tentiary  be,  and  they  are  hereby,  constituted  a  joint  committee  to  investigate  the  past  and 
present  condition  and  management  of  the  penitentiary,  and  that  they  be  authorized  to  send 
for  persons  and  papers. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  April  14,  1865.  Speaker  of  the  Senate. 


76  RECONSTRUCTION — TENNESSEE. 


NUMBER  XVIII. 

JOINT  RESOLUTION  appointing  a  committee  to  report  what  action  should  be  had  with 
reference  to  the  death  of  President  Abraham  Lincoln. 

Whereas  the  members  of  the  general  assembly  have  learned  with  sadness  and  sorrow  of 
the  melancholy  death,  by  assassination,  of  Abraham  Lincoln,  late  President  of  the  United 
States,  therefore  be  it — 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  there  be  a  joint  committee, 
of  five  in  the  senate  and  five  in  the  house  of  representatives,  to  be  appointed  by  the  re 
spective  speakers,  to  take  into  consideration  and  report  what  action  should  be  taken  by  the 
legislature  on  the  mournful  and  sorrowful  occasion. 

WILLIAM  HELSKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  17,  1865. 

NUMBER  XIX. 

JOINT  RESOLUTION  expressing  the  sense  of  the  general  assembly  on  the  death  of  Presi 
dent  Abraham  Lincoln. 

Whereas  the  death  of  Abraham  Lincoln,  President  of  the  United  States,  in  the  full  vigor 
of  his  physical  and  mental  faculties,  by  the  hand  of  an  assassin,  is  a  bereavement  that  ex 
tends  to  all  parts  of  the  nation ;  and  particularly  does  it  affect  the  people  of  those  States 
who  have  for  years  been  suffering  from  the  weight  of  military  rule,  made  necessary  by  the 
rebellion,  and  who  were  endeavoring  to  restore  their  political  relationship  to  the  government 
of  the  United  States  ; 

Whereas,  in  his  death,  the  nation  mourns  the  loss  of  one  of  her  most  gifted  and  worthy 
sons — the  "highest  officer,  the  President,  and  slain  because  he  was  the  President  of  the 
United  States,  it  is  right  and  proper  that  the  general  assembly  of  the  State  of  Tennessee 
should  express,  as  such,  in  an  appropriate  manner,  its  sorrow  at  his  death  ;  its  condemna 
tion  of  the  assassin  who  committed  it,  and  the  men  who  plotted  the  hellish  deed ;  its  appre 
ciation  of  the  high  intellectual,  moral,  and  social  qualities  which  ever  characterized  his  pri 
vate  life  ;  and  its  approval  of  the  large-hearted  patriotism  which  marked  his  administration, 
showing  that  his  course  of  action  was  impelled  by  humanity,  rather  than  calculation ; 

Whereas  the  laborious  duties  of  the  executive  office  during  the  trying  times  of  the  great 
rebellion  gave  ample  scope  to  a  heart  full  of  sympathy  and  warm  affections.  As  President, 
Le  had  a  wide  field  for  manly  action.  There  was  displayed  his  love  of  the  right  and  his 
scorn  for  the  wrong.  Here  his  large-heartedness  was  made  conspicuous,  and  his  generosity 
and  charity  bore  fruit.  He  was,  as  President,  a  model.  The  honors  he  coveted  were  hon 
orable.  With  a  wise  and  lofty  patriotism,  unsurpassed  by  any,  he  applied  the  powers  of  his 
great  mind  to  work  out  the  true  principles  upon  which  the  union  of  the  States  could  be  pre 
served.  The  measures  proposed  were  as  nothing,  unless  they  were  calculated  to  accomplish 
the  end  so  earnestly  desired.  His  recommendations  were  always  directed  towards  its  main 
tenance,  and  were  uniformly  enforced  with  a  facility  and  aptness  of  illustration  which  seemed 
inexhaustible ; 

Whereas  Abraham  Lincoln's  originality  of  manner,  his  humor,  wit,  sarcasm,  and  wondrous 
powers  of  ridicule,  were  weapons  particularly  his  own,  which  no  one  else  could  imitate.  Add 
to  these  qualities  courage,  will,  and  indomitable  persistency  of  purpose,  which  never  flagged 
or  faltered,  and  he  was  a  power  felt  and  acknowledged  by  the  nation.  Take  him  all  in  all, 
it  will  be  long  ere  we  look  upon  his  like  again  ; 

Whereas  he  is  dead ;  but  the  days  of  his  pilgrimage,  although  in  troublesome  times,  were 
full  of  honor,  love,  and  troops  of  friends.  The  nation  mourns.  Peace  be  with  him.  There 
fore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That,  in  the  death  of  Abra 
ham  Lincoln,  President  of  the  United  States,  we  wo  urn  in  heart-felt  sorrow  the  loss  of  the 
nation. 

Resolved,  That  in  token  of  his  memory  we  wear  the  usual  badge  of  mourning,  and  that 
our  respective  halls  be  draped  in  the  habiliments  of  woe. 

Resolved,  That  we  cannot  find  language  strong  enough  to  express  our  condemnation  of 
the  assassin  who  performed,  ami  the  conspirators  who  plotted,  the  deed,  and  heartily  de 
sire  that  they  meet  a  speedy  and  deserved  punishment. 

Resolved,  That  we  deeply  condole  with  the  family  of  the  deceased  in  this  the  hour  of 
their  great  bereavement,  and  fully  sympathize  with  them  in  their  terrible  affliction  and  over 
whelming  grief. 


RECONSTRUCTION TENNESSEE.  7  7 

Resolved.  That  a  copy  of  these  resolutions  be  forwarded  to  the  family  of  the  deceased  by 
the  secretary  of  state. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  uf  the,  Senate. 
Adopted  April  17,  1865. 

NUMBER  XX. 
JOINT  RESOLUTION  to  support  the  administration  of  President  Johnson. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  confiding-  in  the  patriotism 
and  integrity  of  Andrew  Johnson,  we 'will  give  his  administration  of  the  government  the  same 
cordial  support  accorded  by  the  loyal  people  of  the  nation  to  his  predecessor. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  17,  1865. 

NUMBER  XXI. 

JOINT  RESOLUTION  requesting  the  governor  of  the  State  to  communicate  certain  facts 
to  the  President  of  the  United  States. 

Believing  that  the  time  has  arrived  in  the  political  status  of  the  State  of  Tennessee  when 
the  loyal  people  of  said  State  are  anxious  and  desirous  that  civil  law  and  order  should  be  re 
stored  and  prevail  throughout  the  borders  of  the  whole  State,  and  that  they  should  once  more 
be  permitted  to  resume  their  political  and  social  relations  with  the  government  of  the  United 
States  of  America — to  accomplish  this  end,  therefore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  his  excellency,  the  governor 
of  the  State  of  Tennessee,  is  hereby  requested  to  make  known  to  the  President  of  the  United 
States  the  actions  and  proceedings  of  the  late  State  convention,  begun  and  held  in  Nashville 
on  the  9th  day  of  January,  1865,  with  regard  to  the  amendments  to  the  constitution  of  the 
State  of  Tennessee ;  also  of  the  ratification  of  said  amendments  by  the  loyal  people  of  said 
State,  at  the  ballot-box,  on  the  2'2d  day  of  February  last. 

Resolved,  further,  That  his  excellency,  the  governor,  also  make  known  to  the  President  of 
the  United  States  the  action  of  the  present  legislature  of  the  State  of  Tennessee  upon  the 
adoption  of  the  amendment  to  the  constitution  of  the  United  States ;  and  that  he  respectfully 
request  the  President  of  the  United  States  to  make  known  to  the  loyal  citizens  of  the  State 
of  Tennessee,  by  proclamation  or  otherwise,  that  the  State  of  Tennessee  be  no  longer  con 
sidered  in  a  state  of  insurrection,  and  that  the  loyal  people  of  said  State  be  granted  all  the 
rights  and  privileges  that  are  granted  or  allowed  to  the  loyal  citizens  of  any  of  the  sister 
States  that  are  not  considered  in  a  state  of  rebellion  against  the  government  of  the  United 
States. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Adopted  April  21,  1865. 

L  J.  ^ 

NUMBER  XXII. 
JOINT  RESOLUTION  allowing  mileage  to  Messrs.  Grantham  and  Tighe. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  Willis  Grantham,  the  appli 
cant  for  the  seat  of  Furney  Jones,  from  the  county  of  Claiborne,  and  Samuel  T  italic,  the 
contestant  for  the  seat  of  M.  T.  Ryder,  from  the  county  of  Shelby,  be  allowed  their  mileage 
and  per  diem  up  to  this  day,  and  that  the  amount  so  appropriated  be  included  in  the  general 
appropriation  bill;  it  appearing  to  the  satisfaction  of  the  legislature  that  their  claims  were 
meritorious,  if  not  legal. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  22,  1865. 


78  RECONSTRUCTION TENNESSEE. 

NUMBER  XXIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  comptroller. 

Whereas  a  vacancy  has  occurred  in  the  office  of  the  comptroller  of  the  treasury ;  There 
fore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  and  house  of 
representatives  meet  in  convention  on  Tuesday,  the  25th  day  of  April,  at  10  o'clock  a.  mv 
to  nil  said  vacancy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  22,  1865. 


NUMBER  XXIV. 
JOINT  RESOLUTION  raising1  a  joint  committee  on  ways  and  means. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  committee  on  finance 
and  ways  and  means  of  the  senate,  and  the  committee  on  ways  and  means  of  the  house  of 
representatives,  shall  constitute  a  joint  committee  on  ways  and  means. 

WILLIAM  HEISKELL, 
Speaker  of  the,  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  24,  1865. 


NUMBER  XXV. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  registers  of  land  offices. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  will  meet  the 
house  of  representatives  in  the  hall  of  the  latter  on  the  29th  instant,  at  11  o'clock  a.  m.,  to 
elect  registers  of  the  land  offices  for  the  districts  of  Eastern,  Middle,  Western,  and  the  moun 
tain  district  of  Tennessee. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  24,  1865. 


NUMBER  XXVI. 
JOINT  RESOLUTION  for  the  benefit  of  V.  Myers. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  of  the 
treasury  of  the  State  pay  V.  Myers,  contestant  for  the  seat  in  the  4th  senatorial  district,  the 
mileage  and  per  diem  that  would  have  been  due  him  if  he  had  been  admitted  t»>  his  seat. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  24,  1865. 

NUMBER  XXVII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  secretary  of  state. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  joint  convention  in  the  hall  of  the  latter  on  Thursday,  the  2?th  instant, 
at  1U  o'clock,  for  the  purpose  of  electing  a  secretary  of  state. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Rrprt.^ntftives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  23,  1865. 


RECONSTRUCTION TENNESSEE.  79 

NUMBER  XXVIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  treasurer  and  secretary  of  state. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  the  hall  of  the  latter  on  the  27th  instant,  at  ]0  o'clock,  to  elect  a  State 
treasurer  at  the  same  time  of  the  election  of  secretary  of  state. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
AGopted  April  25,  1865.  Speaker  of  the  Senate. 

NUMBER  XXIX. 
JOINT  RESOLUTION  in  regard  to  the  State  library. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  State  library  be 
opened  during  the  meeting  of  the  general  assembly,  from  8  o'clock  a.  m.,  until  5  o'clock  p. 
in.,  continuously. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  April  27,  1865.  Speaker  of  the  Senate. 

NUMBER  XXX. 

JOINT  RESOLUTION  to  meet  in  convention  to  elect  Senators  to  the  United  States  Con 
gress. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  the  hall  of  the  latter  on  Thursday,  4th  of  May  next,  at  10  o'clock,  for 
the  purpose  of  electing  two  Senators  to  the  next  Congress  of  the  United  States. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  April  24,  1865.  Speaker  of  the  Senate. 

NUMBER  XXXI. 

A  JOINT  RESOLUTION  to  declare  the  office  of  comptroller  of  the  treasury  of  the  State  of 

Tennessee  vacant. 

Whereas  the  two  houses  met  in  convention  in  the  representative  hall  on  the  25th  of  April 
and  voted  for  a  comptroller  ;  and  whereas  a  majority  of  the  votes  cast  in  said  election  was 
for  Hon.  J.  R.  Dillon  for  said  office  ;  and  whereas  part  of  the  tenth  section  of  the  second 
article  of  the  constitution  of  the  State  of  Tennessee  is  as  follows,  viz  :  "No  senator  or  rep 
resentative  shall,  during  the  time  for  which  he  was  elected,  be  eligible  to  any  office  or  place 
of  trust,  the  appointment  of  which  is  vested  in  the  executive  or  the  general  assembly,  except 
to  the  office  of  trustee  to  a  literary  institution;"  and  whereas  it  appears  from  the  above 
recited  clause  of  the  State  constitution  that  Mr.  Dillon  was  not  eligible  to  said  office  on  ac 
count  of  his  holding  a  seat  in  this  legislature  :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  we  now  declare  the 
office  of  comptroller  of  the  treasury  of  the  State  of  Tennessee  now  vacant  and  should  be 
filled  by  the  election  of  some  competent  and  eligible  person  to  fill  said  vacancy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  29,  1865. 

DUMBER  XXXII. 

JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  public  printer. 
Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  members  of  the  senate 
and  the  house  of  representatives  meet  in  the  hall  of  the  house  on  Tuesday,  the  2d  day  of 
May,  for  the  purpose  of  electing  a  public  printer. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  29,  1865. 


80  RECONSTRUCTION TENNESSEE. 

NUMBER  XXXIII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  State  librarian. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  two  houses  meet  in 
convention  in  the  hall  of  the  house  of  representatives  on  Tuesday,  the  second  day  of  May, 
at  10  o'clock  a.  m.,  for  the  purpose  of  electing  a  State  librarian. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  April  29,  1865. 


NUMBER  XXXIV. 

JOINT  RESOLUTION  offering  a  reward  of  five  thousand  dollars  for  the  apprehension  of 

Isham  G.  Harris. 

Whereas  treason  is  the  highest  crime  known  to  the  laws  of  the  land,  and  no  one  is  pre 
sumed  to  understand  the  true  meaning  of  the  term  better  than  governors  of  States,  and  cer 
tainly  no  one  should  be  held  to  a  more  strict  account  for  their  treason  ;  and 

Whereas  the  State  of  Tennessee,  before  the  rebellion,  enjoyed  a  high  social,  moral,  and 
political  position,  and  had  the  well-earned  reputation  of  the  Volunteer  State  ;  and 

WThereas  by  the  treason  of  one  Isham  G.  Harris,  ex-governor  of  Tennessee,  the  State  has 
lost  millions  of  dollars,  and  thousands  of  the  young  men  of  the  State  have  been  killed  in 
battle  and  died  of  disease,  and  thousands  of  the  middle-aged  and  old  men  have  been  murdered 
and  imprisoned,  and  defenceless  women  and  children  driven  from  the  State,  heart-broken  and 
penniless;  and 

Whereas  the  voters  of  Tennessee  did,  in  the  month  of  February,  1861,  by  a  majority  of 
sixty  thousand,  repudiate  treason  and  rebellion,  but  the  aforesaid  Isham  G.  Harris,  well 
knowing  the  true  sentiments  of  the  State  upon  treason  and  rebellion,  and  wholly  disregard 
ing  the  overwhelming  expression  of  popular  sentiment,  did  use  his  position  as  governor  as 
aforesaid,  to  put  the  State  in  rebellion  and  hostility  to  the  government  of  the  United  States, 
and  is  guilty  of  treason,  perjury,  and  theft,  and  is  responsible  to  a  great  extent  for  the  war, 
misery  and  death  of  thousands  of  the  citizens  of  the  State,  and  for  the  desolation  of  the 
same  from  east  to  west  and  from  north  to  south ;  the  cries  of  the  wounded  and  dying,  the 
wail  of  the  widow,  the  weeping  of  the  orphan,  come  to  us  upon  every  breeze,  imploring  us 
to  punish  the  instigators  of  the  rebellion :  Therefore,  for  the  reasons  aforesaid,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor  of  the  State 
is  hereby  authorized  and  instructed  to  offer  a  reward  of  five  thousand  dollars  for  the  appre 
hension  and  delivery  to  the  civil  authorities  of  the  State  the  aforesaid  Isham  G.  Hams;  and 
he  shall  fully  describe  said  fugitive  from  justice,  and  shall  make  publication  for  three  months, 
or  longer  if  he  may  think  proper,  in  one  newspaper  in  each  of  the  grand  divisions  of  the 
State,  and  a  paper  published  in  Richmond,  Virginia  ;  Raleigh,  North  Carolina;  Savannah, 
Georgia ;  Little  Rock,  Arkansas ;  New  Orleans,  Louisiana ;  and  shall  publish  the  preamble 
with  his  proclamation. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  1,  1865. 


NUMBER  XXXV. 
A  JOINT  RESOLUTION  to  meet  the  house  in  convention  to  elect  a  State  comptroller. 

Resolved  by  the  trc.nrrul  nxscmlly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  in  joint  convention  on  Thursday,  the  second  day  of  May,  at  ten  o'clock, 
to  elect  a  State  comptroller. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  1,  1865. 


RECONSTRUCTION — TENNESSEE.  8 1 

NUMBER  XXXVI. 
JOINT  RESOLUTION  to  raise  a  joint  committee  to  wait  on  the  national  banks  of  the  State. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  three  on  the 
part  of  the  senate,  and  such  committee  as  the  house  of  representatives  may  appoint,  shall  con 
stitute  a  joint,  committee  to  ascertain  what,  if  any,  arrangements  can  be  made  with  the 
national  banks  in  each  division  of  the  State  to  receive  the  public  funds  of  the  State  and  dis 
burse  the  same,  as  is  now  provided  by  law  for  the  Bank  of  Tennessee  and  branches. 
Resolved,  That  said  committee  report  as  early  as  possible. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  2,  1865. 

NUMBER  XXXVII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  an  entry- taker  for  the  Ocoee  district. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  and  house  of 
representatives  meet  in  the  hall  of  the  latter  on  Tuesday,  the  second  day  of  May  next,  for  the 
purpose  of  electing  a  register  and  entry-taker  for  the  Ocoee  district,in  the  State  of  Tennessee. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  2,  1865. 


NUMBER  XXXVIII. 

JOINT  RESOLUTION  appointing  commissioners  to  settle  with  the  Louisville  and  Nash 
ville  railroad. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller,  secretary 
of  state,  attorney  general  of  the  State,  and  commissioner  of  public  roads  of  the  State  of  Ten 
nessee,  be,  and  are  hereby,  constituted  commissioners,  on  behalf  of  the  State  of  Tennessee, 
to  meet  and  make  a  settlement  with  the  Louisville  and  Nashville  Railroad  Company,  and 
make  a  report  thereof  to  this  session  of  the  general  assembly,  if  practicable  ;  if  not,  to  the 
next  session  of  the  same. 

Be  it  further  resolved,  That  if  such  settlement  cannot  be  made  by  said  commissioners  with 
said  Louisville  and  Nashville  railroad  as  shall  be  satisfactory  to  them,  the  fact  shall  be  made 
known  to  the  governor  of  the  State,  and  he  may  direct  the  attorney  general  of  the  State  to 
institute  such  legal  proceedings  against  said  company  as  may  be  necessary  to  protect  the  in 
terests  of  the  State. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  5,  1865. 

NUMBER  XXXIX. 
JOINT  RESOLUTION  applying  to  the  President  for  troops. 

Whereas  the  fourth  section  of  the  fourth  article  of  the  Constitution  of  the  United  States 
provides  that  the  United  States  shall  guarantee  to  every  State  of  this  Union  a  republican  form 
of  government,  and  shall  protect  each  of  them  against  invasion,  and  on  application  of  the 
legislature,  or  of  the  executive  when  the  legislature  cannot  be  convened,  against  domestic 
violence ;  and 

Whereas  the  State  of  Tennessee  is  one  of  the  States  of  this  Union,  and  is  constantly  *i- 
vadcd  by  armed  bands  of  guerillas  from  the  so-called  Confederate  States,  and  subject  at  all 
times  to  violence  by  domestic  traitors,  murdering  and  robbing  the  loyal  citizens,  stealing  and 
carrying  off  their  property,  and  hindering,  delaying,  and  preventing  the  execution  of  the  civil 
laws  of  the  State ;  and 

Whereas  the  greater  portion  of  the  young  and  middle-aged  loyal  men  are  in  the  United 
States  army,  and  the  old  men  have  neither  arms  nor  ammunition,  consequently  defence- 
6T 


82  RECONSTRUCTION — TENNESSEE. 

less,  and  the  financial  condition  of  the  State  is  such  that  it  is  impossible  to  create  a  fond  to 
clothe,  arm,  feed,  and  pay  troops  for  State  defence,  to  meet  the  usual  expenditure  of  the  State, 
and  provide  for  the  payment  of  the  interest  accrued  on  the  bonds  of  the  State,  together  with 
Tennessee's  portion  of  the  twenty  million  apportioned  amongst  the  States  by  an  act  of  Con 
gress  of  August,  186 J,  will  be  all,  if  not  more  than  the  people  can  possibly  meet:  Therefore, 
be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  legislature  of  the  State 
aforesaid,  by  virtue  of  the  authority  of  the  fourth  section  of  the  fourth  article  of  the  Constitu 
tion  of  the  United  States  aforesaid,  do  make  this  application  to  his  excellency  Andrew  John 
son,  President  of  the  United  States,  and  commander-in-chief  of  the  army  of  the  same,  to  place 
umder  the  direction  and  control  of  the  proper  military  authority,  in  pursuance  of  the  Consti 
tution  and  laws  of  the  United  States,  and  under  the  control  and  direction  of  such  authority 
as  in  his  opinion  may  be  right  and  proper,  a  sufficient  number  of  Tennessee  troops  now  in 
the  United  States  service  to  repel  invasion,  and  drive  the  invader  from  the  State,  and  sup 
press  any  and  all  violence  by  armed  domestic  traitors,  to  protect  loyal  citizens,  and  aid  and 
assist  the  civil  officers  in  executing  the  civil  laws  of  the  State. 

Resolved,  That  the  secretary  of  state  shall,  immediately  after  the  passage  of  this  resolution, 
transmit  a  copy  of  the  same,  together  with  the  preamble,  under  the  great  seal  of  the  State,  to 
the  President  of  the  United  States,  asking  him  to  notify  the  legislature  now  in  session,  at  as 
early  a  day  as  convenient,  what  action  he  will  take  in  the  premises. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 

Adopted  May  9,  1865. 


NUMBER  XL. 
A  JOINT  RESOLUTION  appointing  a  committee  to  memorialize  Congress. 

Whereas,  by  the  presence  of  the  federal  troops  in  the  State  of  Tennessee,  rendered  neces 
sary  by  the  armed  resistance  to  the  laws  of  the  United  States  of  a  portion  of  its  citizens, 
many  military  supplies  have  been  taken  from  the  loyal  citizens  of  the  State  in  an  irregular 
manner,  and  much  damage  has  been  done  to  the  property  of  unconditionally  loyal  citizens ;  and 

Whereas,  by  article  five  of  the  amendments  to  the  Constitution  of  the  United  States,  it  is  de 
clared  that  private  property  shall  not  be  taken  for  public  use  without  just  compensation ;  and 

Whereas  the  loyal  citizens  of  Tennessee  are  entitled  to  the  same  consideration  and  protec 
tion  as  are  the  loyal  citizens  of  any  other  State  in  the  Union :  Therefore,  be  it 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  two  on  the 
part  of  the  senate,  and  five  on  the  part  of  the  house,  be  appointed  to  prepare  a  memorial  to 
the  Congress  of  the  United  States,  setting  forth  the  obligations  of  the  government  of  the 
United  States  to  pay  the  loyal  citizens  of  Tennessee  for  property  taken  from  them  by  officers 
and  soldiers  of  the  United  States,  and  paying  that  some  legislation  be  had  by  Congress, 
making  provisions  to  enable  those  loyal  citizens  who  may  have  sustained  losses  in  the  man 
ner  already  described  to  prove  such  losses,  and  that  an  appropriation  be  made  by  Congress 
to  pay  such  loyal  claimants. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  tlie  Senate. 

Adopted  May  10,  1865. 


NUMBER  XLI. 
RESOLUTION  of  inquiry  in  relation  to  the  Hermitage  property. 

Resolved,  That  his  excellency  the  governor  be,  and  he  is  hereby,  requested"  to  communi 
cate  to  the  senate  all  the  information  in  his  possession  in  reference  to  the  present  status  of 
the  Hermitage  property,  including  an  account  of  its  purchase  by  the  State,  the  amount  paid 
for  it,  and  all  subsequent  legislation  in  regard  to  it,  and  what  acts  of  ownership  have  been 
exercised  over  it  by  the  State,  and  all  other  information  he  may  deem  proper,  as  well  as  any 
recommendation  he  may  have  to  offer  regarding  its  future  management. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  12,  1864. 


RECONSTRUCTION — TENNESSEE.  83 


NUMBER  XLIL  f 

JOINT  RESOLUTION  raising  a  joint  committee  on  the  elective  franchise. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  judiciary  committee  of 
the  senate  and  the  judiciary  committee  of  the  house  of  representatives  compose  a  joiut  com 
mittee  on  the  subject  of  the  elective  franchise,  and  be  instructed  to  bring  in  a  bill  on  that  sub 
ject  to-morrow  lor  action  on  that  day. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R    RODGERS, 

Speaker  of  the.  Senate. 
Adopted  May  16,  1885, 

NUMBER  XLIII. 

JOINT  RESOLUTION  requesting  the  governor  to  lay  before  the  legislature  certain  cor 
respondence. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor  be,  and  is 
hereby,  requested  to  lay  before  the  legislature  all  correspondence,  if  any,  he  may  have  had 
with  James  T.  Dunlap,  late  comptroller  of  the  treasury,  relative  to  a  return  of  the  archives 
©f  the  State ;  also  with  Vernon  K,  Stevenson,  president  of  the  Nashville  and  Chattanooga 
Railroad  Company,  relative  to  said  road  ;  also,  with  Graiiville  C.  Torbett,  late  president  of 
the  Bank  of  Tennessee,  relative  to  a  return  of  the  assets  of  said  bank,  if,  in  the  opinion  of 
his  excellency,  the  said  information  will  not  be  detrimental  to  the  public  welfare. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGfERS, 

Speaker  of  the  Senate. 
Adopted  May  19,  1865. 


NUMBER  XLIV. 

A  JOINT  RESOLUTION  declaring  certain  civil  offices  vacant,  and  providing  for  filling  of  tho 

same. 

Whereas  a  waar  has  existed  in  the  State  of  Tennessee  for  four  years,  and  during  the 
greater  part  of  that  time  all  civil  tribunals  luive  been  closed,  and  most  of  the  officers  holding 
offices  have  wilfully  abandoned  their  offices,  and  neglected  or  refused  to  perform  the  duties 
incumbent  upon  them  by  the  laws  of  the  land,  and  in  pursuance  of  the  Constitution  of  the 
United  States  and  of  the  State  of  Tennessee ;  and  whereas  many  of  the  civil  offices  thus 
abandoned  and  vacated  have  been  filled  by  appointments  made  by  the  acting  governor  of 
the  State  since  the  7th  day  of  March,  1862,  which  should  be  ratified  and  confirmed :  There 
fore, 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  all  civil  offices  of  the 
State  of  Tennessee,  to  which  their  respective  incumbents  were  elected  and  qualified  previous 
to  the  6th  day  of  May,  1861 ,  and  who,  after  such  election  arid  qualification,  have  voluntarily 
abandoned  their  offices  and  AVI  1  fully  neglected  and  refused  to  perform  the  duties  required  of 
them  by  law,  are  hereby  declared  vacant. 

Resolved  further,  That  all  of  the  offices  in  the  State  of  Tennessee  that  have  been  filled  by 
appointment  and  election  under  the  authority  of  the  usurped  State  government,  after  the 
declared  independence  of  the  State  of  Tennessee,  and  after  the  6th  day  of  May,  1861,  are 
hereby  declared  vacant. 

Resolved  further,  That  all  civil  officers  who  have  beea  appointed  since  the  7th  day  of  May, 
1862,  by  his  excellency  Andrew  Johnson,  acting  governor  of  the  State,  or  who  have  been 
elected  ana  qualified  under  his  various  proclamations,  are  hereby  ratified  and  confirmed, 
and  they  shall  continue  to  hold  and  exercise  the  functions  of  their  respective  offices  until  suc 
cessors  shall  be  elected  and  qualified  as  prescribed  by  the  laws  and  constitution  of  the  Stato 
of  Tennessee  and  of  the  United  States. 

Resolved  further,  That  his  excellency  William  G.  Brownlow,  governor  of  the  State,  be, 
and  he  i.s  hereby,  requested,  as  soon  as  in  his  opinion  he  deems  it  advisable,  to  issue  his 
proclamation  ordering  elections  to  be  held  in  the  respective  counties  of  the  State  where  such 
vacancies  have  occurred,  requiring  the  people  of  the  State  to  fill  such  vacancies  in  pursuance 
of  the  laws  of  the  State ;  and  in  the  mean  time,  until  such  elections  are  held,  that  he  proceed 
and  fill  the  vacancies  by  the  appointment  of  suitable  and  proper  persons  until  their  successors 


84  RECONSTRUCTION — TENNESSEE. 

shall  be  elected  and  qualified ;  and  the  governor  is  clothed  with'full  power  to  appoint  special 
officers  to  hold  sa^d  elections  for  each  county,  with  full  power  to  appoint  deputies  to  perform 
all  the  duties  as  now  required  by  law,  where  no  regular  officers  are  performing  civil  duties. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Approved  May  20,  1865. 


NUMBER  XLV. 

JOINT  RESOLUTION  to  raise  a  joint  committee  to  examine  into  the  condition  of  the 
Bank  of  Tennessee  and  branches. 

Resohcd  ly  the  general  isscmbly  of  the  State  of  Tennessee,  That  a  joint  committee  of  one 
from  the  senate  and  two  from  the  house  be  appointed  to  examine  the  condition  of  the  Bank 
of  Tennessee  and  branches — a  committee  to  the  principal  bank  and  one  to  each  branch,  with 
liberty  to  send  for  persons  and  papers,  and  that  they  report  to  the  regular  session  in  October. 

Committee  on  the  part  of  the  senate  appointed  under  the  above  resolution. — Rogersville, 
Senator  McKinney ;  Athens,  Senator  McElwee  ;  Sparta.  Senator  Bosson ;  Columbia,  Senator 
Fiierson  ;  Knoxville,  Senator  Rodgers;  Trenton,  Senator  Hall;  Memphis,  Senator  Smith ; 
Clarksville,  Senator.  Peart ;  Shelby villc,  Senator  Spence;  Suminerville,  Senator  Hurst. 

Committee  of  the  house. — Principal  bank  at  Nashville,  Messrs.  Cooper  and  Lewis;  branch 
at  Rogersville,  Messrs.  Willis  and  Minuis ;  branch  at  Knoxville,  Messrs.  Heiskell  and  Don 
aldson  ;  branch  at  Athens,  Messrs.  Henderson  and  Hood  ;  brancn  at  Sparta,  Messrs.  Ander 
son  and  Faulkner  ;  branch  at  Columbia,  Messrs.  Arnell  and  Gilmer ;  branch  at  Shelbyville, 
Messrs.  Mullens  and  Steele  ;  branch  at  Trenton,  Messrs.  McNair  and  Norman;  branch  at 
Memphis,  Messrs.  Richards  and  Rider ;  branch  at  Somerville,  Messrs.  Smith  and  Warren  ; 
branch  at  Clarksville,  Messrs.  Wines  and  Mulloy. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  20,  1865. 


NUMBER  XLVI. 

JOINT  RESOLUTION  to  authorize  the  secretary  of  state  to  take  charge  of  the  senate 
chamber  and  hall  of  the  house  of  representatives. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  secretary  of  state,  at 
the  close  of  this  session,  shall  have  charge  of  the  senate  chamber,  representative  hall,  and 
committee  rooms,  and  cause  all  stationery,  furniture,  and  other  articles  belonging  to  said 
halls,  to  be  carefully  preserved  for  the  use  of  the  next  general  assembly,  and  shall  be  allowed 
by  the  comptroller  all  necessary  expenses  incurred  in  preserving  the  same,  and  a  reasonable 
compensation  for  his  services. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  22,  1865. 


NUMBER  XLVII. 
JOINT  RESOLUTION  to  meet  in  convention  to  elect  a  keeper  of  the  penitentiary. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  senate  meet  the  house 
of  representatives  on  Monday,  iiUtii  instant,  at  11  o'clock  a.  in.,  for  the  purpose  of  electing  a 
keeper  of  the  penitentiary.  ' 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  7«Y present atives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  22,  1865. 


RECONSTRUCTION TENNESSEE.  85 

NUMBER  XLVIII.  « 

JOINT  RESOLUTION  of  thanks  to  Major  General  Stoneman. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  the  loyal 
people  of  the  State  are  due  to  Major  General  George  Stoneman  for  the  great  skill  and  energy 
with  which  he  conducted  his  two  great  raids  into  Virginia  and  North  Carolina,  by  which  he 
destroyed  millions  of  dollars'  worth  of  the  enemy's  means  of  warfare,  capturing  many  of  their 
forces,  and  effectually  crippling  them  in  their  operations,  and  that  he  has  our  thanks  for  tho 
ability  and  success  with  which  he  has  conducted  military  operations  in  East  Tennessee,  and 
that  he  be  furnished  with  a  copy  of  this  resolution,  officially  signed. 

WILLIAM  HELSKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  22,  1865, 

NUMBER  XLIX. 
JOINT  RESOLUTION  requesting  information  from  the  bondholders  of  Tennessee  bonds. 

Whereas,  in  order  to  provide  for  the  payment  of  the  State  debt  when  due  and  payable,  and 
for  the  interest  on  the  same  now  due,  it  is  desired  to  know  the  amounts  of  State  bonds  out 
standing,  the  numbers,  dates,  and  names  of  holders  : 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  give  public 
notice  in  one  of  the  public  prints  of  the  cities  of  Nashville,  Tennessee;  Cincinnati,  Ohio; 
Philadelphia,  Pennsylvania;  New  York,  and  Boston  Massachusetts,  requesting  each  bond 
holder  of  the  State  bonds  of  the  State  of  Tennessee  to  transmit  to  said  comptroller,  at  his 
office  at  Nashville,  a  statement  of  his  name,  residence,  the  date  and  number  of  each  bond, 
and  the  amount  and  character  of  said  bond ;  and  that  he  make  report  thereof  to  this  general 
assembly  at  its  next  session. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate . 
Adopted  May  22,  1865. 


NUMBER  L. 
JOINT  RESOLUTION  directory  to  the  attorney  general  of  the  State. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  attorney  general  of  the 
State  of  Tennessee  be,  and  he  hereby  is,  directed  to  institute  inquiry  into  aud  investigate 
the  title  to  the  property  situated  in  the  city  of  Nashville,  fronting  on  College  and  Cherry 
streets  in  South  Nashville,  known  as  the  Gun  Factory,  and  recently  used  as  hospital  No.  1 ; 
and  if  the  title  is  in  the  State  of  Tennessee,  the  said  attorney  general  defend,  on  behalf  of  the 
State,  the  suit  now  pending  in  the  United  States  court  to  libel  and  confiscate  said  property, 
and  secure,  if  the  same  may  be  done,  said  property  for  the  State. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  t!t£  Senate. 
Adopted  May  22,  1865. 

NUMBER  LI. 
JOINT  RESOLUTION  taking  charge  of  the  assets  of  the  Bank  of  Tennessee. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor,  the  secre 
tary  of  state,  and  comptroller  be,  and  they  are,  directed  to  take  charge  of  the  assets  of  tho 
Bank  of  Tennessee,  and  the  archives  of  the  State,  and  receipt  for  the  same. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  29,  1865. 


86 


RECONSTRUCTION TENNESSEE. 


NUMBER  LIT. 

A  JOINT  RESOLUTION  providing  for  the  number  of  acts  and  journals  of  the  legislature 
of  1865  to  be  printed  for  distribution. 

SECTION  1.  Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee^  That  there 
shall  be  printed  of  the  acts  of  the  present  session  of  the  legislature,  for  distribution  among 
the  several  counties  in  the  State,  as  follows :  For  every  justice  of  the  peace,  one  eopy  ;  for 
each  sheriff,  one  copy ;  for  each  circuit  court  clerk,  one  copy  ;  for  each  county  court  clerk, 
one  copy ;  for  each  chancery  court  clerk,  one  copy ;  for  each  county  trustee,  county  register, 
coroner,  ranger,  entry-taker,  surveyor,  and  poor-house  commissioner,  one  copy;  for  the  use 
of  the  trustees  of  academies  in  each  county,  one  copy  of  the  acts  and  journals ;  for  each  of 
the  clerks  and  doorkeepers  of  the  house  and  senate,  one  copy. 

SEC.  2.  Be  it  further  resolved,  That  there  shall  also  be  printed,  for  distribution  as  afore 
said,  one  copy  of  the  journals  of  each  branch  of  the  legislature  for  each  civil  district  in  each 
county  in  this  State,  to  wit : 


Counties. 

* 

§ 

<4H 

O 

* 

^ 

CO 

t*H 

O 

o 

te 

>-j 
tt 

C*H 

O 

6 
fr 

Counties. 

to 

1 

CM 
O 

1 

No.  of  S.  J. 

I-S 

B 
*S 

1 

Anderson 

34 

19 

19 

Macon  

35 

19 

12 

Bledsoe           ...     .         ...... 

39 

14 

14 

McNairy  

43 

16 

16 

Blount 

45 

17 

17 

Madison  --  

47 

18 

18 

Bradley 

37 

13 

13 

Overton  

41 

14 

14 

Bedford 

50 

19 

19 

Obion  . 

37 

13 

13 

31 

10 

10 

Polk 

31 

10 

10 

Campbell 

39 

14 

14 

Putnam  

43 

16 

16 

Carter 

33 

11 

11 

Perry 

33 

11 

IT 

35 

T> 

12 

Rhea 

39 

10 

10 

Cocke 

35 

19 

12 

Roane  .        

46 

16 

16 

Cannon 

35 

12 

12 

Robertson 

45 

17 

17 

Cumberland 

30 

10 

10 

Rutherford  .  

61 

9,5 

".- 

Cheatham. 

35 

19 

12 

Stewart  ......           .       ...... 

35 

19, 

19, 

Coffee 

38 

13 

13 

Suinner 

50 

19 

19 

Carroll                     

51 

19 

19 

Sevier      

35 

19 

19, 

Davidson 

68 

94 

24 

Scott    

35 

19 

19, 

DeKalb 

43 

16 

16 

Sullivan 

47 

18 

18 

Dver    . 

39 

14 

14 

Sequatchie.  .  

97 

8 

8 

Decatur 

33 

11 

11 

Smith    

55 

99 

99. 

Dickson 

35 

1f> 

12 

Shelby 

40 

14 

14 

Hancock 

39 

14 

14 

Tipton 

37 

13 

13 

Hawkins 

46 

17 

17 

Union 

30 

12 

1*> 

Hamilton 

49 

18 

18 

Van  Buren  _  

31 

10 

10 

Hardin 

39 

14 

14 

Wilson    . 

65 

25 

9% 

Hickman 

44 

15 

15 

"\Varren 

43 

1C. 

16 

Humphreys    . 

35 

19 

12  1 

Wayne  

47 

17 

17 

Hardcman 

45 

17 

17 

White             

37 

13 

13 

Henderson  

54 

91 

91 

Williamson  

59 

94 

94 

Henry  

51 

90 

20 

Washington  

47 

18 

1R 

Hay  wood  

45 

17 

17 

Weakley              .      ... 

48 

18 

18 

Jefferson 

45 

16 

16 

Franklin 

41 

1(5 

16 

Johnson 

31 

10 

10  1 

Fentress 

35 

12 

19 

Jackson  

48 

18 

18 

Favetto              ..  ....  ....  ... 

43 

15 

15 

Knox  ......  ........ 

5*> 

19 

19 

Grainier                        ..  ...... 

43 

16 

16 

McMinn             .   . 

4(3 

17 

17 

Green 

63 

25 

95 

.Meiers 

07 

Q 

g 

31 

10 

10 

37 

13 

13 

56 

21 

°1 

Moproe    .....  .............. 

51 

90 

20 

Giles               

55 

20 

90 

Morgan 

35 

1*> 

12 

Lawrence 

40 

15 

15 

Maury 

04 

25 

25 

39 

11 

11 

Montgomery 

51 

24 

24 

65 

25 

05 

Marshall                    

49 

15 

15 

39 

10 

10 

RECONSTRUCTION TENNESSEE.  87 

SEC.  3.  Be  it  further  resolved,  That  there  shall  also  be  printed  and  bound  for  each  mem 
ber  of  the  senate  and  house  of  representatives  one  copy  of  the  acts  and  one  copy  of  the 
journals,  both  of  the  house  of  representatives  and  the  senate ;  for  the  office  of  the  secretary 
of  state,  two  hundred  copies  of  the  acts  and  fifty  bound  copies  of  the  journal  of  each  house ; 
for  each  department  of  the  government  of  the  United  States  and  for  the  United  States  library, 
one  copy  of  the  acts  ;  for  each  judge  of  the  supreme  court,  for  each  judge  of  the  circuit 
court,  for  each  judge  of  the  criminal  court,  for  each  chancellor,  for  each  county  judge 
in  the  State,  for  each  judge  of  the  criminal  and  common  law  court  in  this  State,  one  copy 
of  the  acts ;  for  each  of  the  supreme  and  criminal  court  clerks,  one  copy  of  the  acts ;  for  each 
attorney  general,  one  copy  of  the  acts ;  for  the  ti'easurer  and  comptroller,  one  copy  of  the 
acts;  and  for  each  State  and  Territory  and  the  District  of  Columbia,  two  copies  of  the  acts. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS 

Speaker  of  the  Senate, 
Adopted  May  29,  1865. 

NUMBER  LIIL 

A  JOINT  RESOLUTION  in  relation  to  a  certain  class  of  Tennessee  Union  soldiers  who 
lost  their  lives  in  the  army  of  the  Union  during  the  rebellion. 

Whereas  a  large  number  of  Tennessee  soldiers  have  died  and  been  killed  in  battle  while 
serving  the  United  States  against  a  hostile  rebel  foe,  without  having  been  duly  mustered 
into  service,  and  there  being  great  deficiency  in  the  records  of  the  State  pertaining  thereto: 
Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  adjutant  general 
of  the  State  be,  and  he  is  hereby  authorized  to  perfect — in  a  well-bound  book  to  be  kept  for 
that  purpose — a  complete  record  of  all  Tennessee  soldiers  who  have  belonged  to  the  United 
States  service  during  the  present  rebellion,  with  such  historical  remarks  as  will  enable  them 
or  their  families  to  obtain  such  bounty,  arrears  of  pay,  &c.,  as  may  be  due  them,  and  that 
he  be  allowed  such  compensation  for  his  services  as  may  be  determined  by  subsequent  legis 
lation. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  May  29,  1S65. 

NUMBER  LIV. 
JOINT  RESOLUTION  directory  to  the  trustees  of  the  Tennessee  hospital  for  the  insane. 

Whereas  William  A.  Cheatham,  M.  D.,  late  superintendent  and  physician  of  Tennessee 
hospital  for  the  insane,  has  been  called  upon,  by  a  resolution  of  the  Senate,  to  communicate 
a  detailed  statement  of  the  financial  operations  of  that  institution  from  the  first  day  of  Octo 
ber,  1861,  to  the  3Jst  day  of  July,  1862,  during  which  period  there  is  no  report  known  to  this 
general  assembly  of  the  institution,  and  there  being  other  reasons  why  there  should  be  an 
investigation  of  its  affairs,  and  the  late  superintendent  and  physician  having  failed  or  refused 
to  notice  the  resolution  referred  to  above :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  board  of  trustees 
are  hereby  instructed  to  investigate  the  books  and  accounts  and  management  of  Tennessee 
hospital  for  the  insane,  during  the  administration  of  William  A.  Cheatham,  late  superin 
tendent  and  physician,  and  power  is  hereby  given  to  send  for  persons  and  papers,  and  report 
the  result  to  the  next  session  of  this  legislature. 

WILLIAM  HEISKELL, 
Speaker  of  tlie  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  2,  1865. 

NUMBER  LV 

JOINT  RESOLUTION  appointing  a  committee  to  wait  on  the  major  general  commanding 
the  department,  and  make  inquiries  in  relation  to  certain  assessments. 

Whereas  it  appears  from  the  orders  issued  by  the  various  military  commanders  of  the 
United  States,  at  different  places  in  this  State,  that  they  are  levying  on  persons  who  are 
permitted  to  trade  under  privileges  granted  to  them  by  the  authorities  of  the  United  States, 


RECONSTRUCTION TENNESSEE. 

and  of  the  State  of  Tennessee,  and  collecting  considerable  sums  of  money;  and  whereas  it 

^^to^±^^^L±?, is  in  accorduace  with  the  5*-  *f  the  *£* 

Bezt  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  committee  of  three 
ontfie  part  of  the  house,  and  two  on  the  part  of  the  senate/be  appointed  to  call  on  the 
major  general  commanding  the  department,  and  ascertain  Whether  such  assessment  are 


WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives, 
SAMUEL  R.  RODGERS, 


Adopted  June  3,  1865.  Speaker  <*  the  Senate 


NUMBER  LVI. 

A  JOINT  RESOLUTION  appointing  a  committee  to  settle  with  Hon.  Joseph  S.  Fowler 
late  comptroller  and  acting  treasurer  of  the  State. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  a  joint  committee  of 
three  on  the  part  of  the  house,  and  two  on  the  part  of  the  senate,  be  appointed  to  settle  with 
the  Hon.  Joseph  8.  Fowler,  late  comptroller  and  acting  treasurer  of  the  State 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

A  ,     ,    -,  -r  Speaker  of  the  Senate. 

Adopted  June  5,  1865. 

NUMBER  LVII. 
JOINT  RESOLUTION  directory  to  the  secretary  of  state. 

Resolved  ly  the  general  assembly  of  the  State  of  Tennessee,  That  the  secretary  of  state  is 
hereby  authorized  to  furnish  the  clerks  of  the  courts  of  record  of  this  State  the  Code  of  Ten 
nessee  and  the  acts  of  the  general  assembly  of  the  State,  in  all  the  counties  where  the  books 
tu  said  officers  have  been  destroyed. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Adopted  June  6,  18G5.  Speaker  °fthe  Stnatt' 

NUMBER  LVIII. 

JOINT  RESOLUTION  requesting  the  governor  to  employ  an  attorney-at-law. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  governor  be  and 
is  hereby  requested  to  employ  an  attorney-at-law  for  and  in  behalf  of  the  State,  to  prosecute 
and  defend  all  suits  now  pending  in  the  circuit  court  of  Davidson  county,  now  in  session  iu 
the  name  of  or  against  the  Bank  of  Tennessee,  and  to  be  allowed  such  compensation  as 
the  governor  may  think  reasonable. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Adopted  June  6,  1865.  Speal"r  °J  th*  Scnate' 

NUMBER  LIX. 
JOINT  RESOLUTION  directory  to  the  comptroller. 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  comptroller  be,  and 
s  hereby,  instructed  to  prepare  and  have  printed  a  circular  containing  all  the  subjects  of  tax 
ation,  together  with  the  rates  of  taxation,  and  forward  two  copies  of  the  same  to  the  clerks  of 
the  various  county  courts  of -this  State,  and  that  the  same  be  done  immediately. 


RECONSTRUCTION — TENNESSEE.  89 

Be  it  further  resolved,  That  the  secretary  of  state  be  and  is  hereby  instructed  to  have  pub 
lished  in  one  newspaper  published  in  the  city  of  Nashville,  the  Chattanooga  Gazette,  Kuox- 
ville  Whig,  Flag  of  the  Union,  and  the  Memphis  Argus,  the  revenue  bill  passed  by  the  legis 
lature  at  its  present  session,  for  four  successive  weeks. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  7,  1865. 


NUMBER  LX. 
JOINT  RESOLUTION  directory  to  the  keeper  of  the  penitentiary. 

Whereas  there  are  now  confined  in  the  penitentiary  many  convicts  who  have  acquired  no 
trades,  owing  to  the  difficulties  of  procuring  material  for  them  to  work  up,  and  that  they  are 
unemployed,  because  the  inspectors  and  keepers  have  no  power  to  employ  them  beyond  the 
prison  walls  unless  authorized  to  do  so  :  Therefore, 

Be  it  resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  inspectors  and 
keepers  of  the  penitentiary  are  hereby  authorized  and  empowered,  whenever  they  may  deem 
it  advisable  to  do  so,  to  employ  the  convicts  in  such  work  about  the  capitol,  or  otherwise 
outside  of  the  prison  walls,  as  may  be  by  them  deemed  advisable,  looking  to  the  safety  of  the 
convicts  and  the  best  interests  of  the  State. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  9,  1865. 


NUMBER  LXI. 
JOINT  RESOLUTION  postponing  the  business  before  the  general  assembly. 

Whereas  the  present  session  of  the  legislature  of  Tennessee  has  been  continued  and 
protracted  beyond  our  desire  or  expectation,  from  the  necessity  of  circumstances  and  the  wel 
fare  of  the  State  ;  and 

Whereas  the  business  under  consideration  is  of  minor  importance,  and  does  not  abso 
lutely  demand  our  immediate  attention  :  Therefore, 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  all  business  which  may  be 
before  the  respective  houses  on  the  10th  inst.,  at  12  o'clock  m.,  will  be  postponed  until  the 
October  session,  and  that  the  general  assembly  of  the  State  of  Tennessee  adjourn  on  Mon 
day,  the  12th  of  June,  1865,  to  meet  the  first  Monday  in  October,  1865. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  10,  1865. 


NUMBER  LXII. 

JOINT  RESOLUTION  to  have  published  in  certain  newspapers  an  act  to  limit  the  elective 

franchise. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  act  to  limit  the  elec 
tive  franchise  be  published  once  a  week  from  June  12  until  the  6th  day  of  August  next,  in 
the  following  papers,  to  wit :  Jonesborough  Union  Flag,  Knoxville  Whig,  Chattanooga  Ga 
zette,  Press  and  Times,  Nashville  Union,  Nashville  Dispatch,  Memphis  Argus,  the  paper 
published  at  Kingston,  and  the  paper  published  at  Greenville,  and  also  any  German  paper 
published  in  Nashville,  and  in  one  German  paper  at  Memphis. 

Be  it  further  resolved,  That  the  comptroller  issue  his  warrant  to  pay  for  the  same. . 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 
SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  12,  1865. 


90  RECONSTRUCTION — TENNESSEE. 

NUMBER  LXIII. 

JOINT  RESOLUTION  of  thanks  to  Brevet  Brigadier  General  J.  L.  Donaldson,  chief  quar 
termaster,  department  of  the  Cumberland,  and  Captain  Hunter  Brooke,  provost  marshal. 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  the  thanks  of  this  general 
assembly  are  most  heartily  and  cordially  tendered  to  Brigadier  General  J.  L.  Donaldson, 
chief  quartermaster  of  the  department  of  the  Cumberland,  for  his  kindness  in  furnishing  a 
special  car  for  the  accommodation  of  the  members,  and  for  renewing  their  transportation  over 
military  railroads. 

Resolved,  That  the  thanks  of  this  general  assembly  are  due,  and  are  hereby  tendered,  to 
Captain  Hunter  Brooke,  post  provost  marshal,  for  his  uniform  courtesy  and  kindness  to  the 
members  of  this  general  assembly. 

Resolved,  That  a  copy  of  these  resolutions  be  furnished  General  Donaldson  and  Captain 
Brooke  by  the  secretary  of  state. 

WILLIAM  HEISKELL, 

Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 

Speaker  of  the  Senate. 
Adopted  June  12,  1865. 


NUMBER  LXIV. 

JOINT  RESOLUTION  congratulatory  at  the  appointment  of  Major  General  Thomas  to  this 

military  division. 

Whereas  the  pleasing  intelligence  has  reached  us  that  the  distinguished  soldier  and 
commander,  Major  General  G.  H.  Thomas,  has  been  assigned  to  this  military  division: 

Resolved  by  the  general  assembly  of  the  State  of  Tennessee,  That  we  do  most  heartily  con 
gratulate  our  citizens  upon  the  appointment  of  this  model  soldier,  possessing  as  we  do  the 
most  unbounded  confidence  in  his  ability  and  judgment,  and  believing  that  under  his  rule 
early  peace  and  quiet  and  Unionism  will  prevail  in  every  section  of  our  State. 

Resolved,  further,  That  we  tender  to  the  President  and  War  Department  our  special  thanks 
for  their  assignment  of  General  Thomas  over  this  military  division,  and  with  his  consent  we 
propose  to  adopt  him  as  a  Tennesseean,  General  Thomas  having  endeared  himself  to  us  both 
by  distinguished  services  and  by  many  acts  of  noble  and  unostentatious  kindness. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Adopted  June  12,  1865.  Speaker  of  the  Senate. 

[The  following  act  of  assembly  was  mislaid  in  the  house  and  not  deposited  in  the  office 
of  the  secretary  of  state  until  the  other  acts  were  printed.  It  has  been  collated  and  found 
correctly  printed.  A.  J.  FLETCHER,  Secretary  of  State.] 

CHAPTER  XXXVIII. 

AN  ACT  to  change  the  times  of  holding  the  county  court  of  Knox  county  for  the  trial  of 

misdemeanors. 

SECTION  \.  Be  it  enacted  by  the  general  assembly  of  the  State  of  Tennessee,  That  from  and 
after  the  next  August  term  of  the  county  court  of  Knox  county,  for  the  trial  of  misdemeanors, 
the  said  court  shall  be  regularly  opened  and  held  on  the  second  Mondays  of  April,  August  and 
December  of  each  year,  and  succeeding  days  if  necessary,  instead  of  on  the  first  Monday  of 
said  months,  as  heretofore  ;  but  the  regular  county  court  for  the  transaction  of  county  busi 
ness  shall  be  held  on  the  first  Monday  of  each  month  as  heretofore. 

SECTION  2.  And  be  it  further  enacted,  That  this  act  shall  take  effect  from  and  after  its  pas 
siige. 

WILLIAM  HEISKELL, 
Speaker  of  the  House  of  Representatives. 

SAMUEL  R.  RODGERS, 
Passed  May  16,  1865.  Speaker  of  the  Senate. 

STATE  OF  TENNESSEE,  OFFICE  OF  THE  SECRETARY  OF  STATE, 

Nashville,  July  25,  1865. 

I,  ANDREW  J.  FLETCHER,  secretary  of  state  of  the  State  of  Tennessee, 
hereby  certify  that  I  have  carefully  collated  the  foregoing  documents,  with  au 
thentic  copies  on  file  in  my  office,  and  find  them  correctly  printed. 

A.  J.  FLETCHER,  Secretary  of  State. 


RECONSTRUCTION — TENNESSEE.  9 1 


NASHVILLE,  TENN  ,  January  9,  I860. 

At  a  meeting  of  the  Union  Central  and  German  Union  Central  Committees 
of  the  State  of  Tennessee  and  the  Union  members  of  .the  Tennessee  legislature 
the  following  memorial  was  unanimously  approved  and  adopted. 

A.  LOVERING, 
Chairman  pro  tern,  of  Central  Committee. 

EDWARD  MAYNARD, 

Secretary  of  Union  Central,  Committee. 

NASHVILLE,  TENN.,  January  9,  1866. 
To  the  honorable  Congressional  Committee  on  Reconstruction : 

The  undersigned,  constituting  a  large  majority  of  the  State  Central  Com 
mittee  of  the  Union  party  of  Tennessee,  being  all  who  could  be  present,  beg 
leave  to  communicate  to  you  their  views  of  the  present  political  and  social 
conditition  of  this  State,  and  their  anticipations  as  to  future  results  from  that 
condition. 

The  vast  powers  conferred  upon  you,  so  vitally  affecting  ourselves  and  our 
posterity,  we  feel  to  be  a  sufficient  warrant  for  this  liberty  on  our  part. 

Our  statistics  show  that,  in  the  spring  of  1861,  about  40,000  of  the  voters  of 
Tennessee  made  up  their  minds  to  adhere  to  the  flag  of  their  country  in  spite  of 
the  tornado  of  treason  that  swept  the  State  and  carried  it  into  the  vortex  of 
rebellion.  They  constituted  less  than  one-third  of  the  voting  population  of  the 
State,  and  far  less  of  its  wealth  and  political  influence.  Surrounded  on  all  sides 
by  rebel  population ;  suffering  every  conceivable  outrage  in  person  and  property ; 
hanged  on  the  gallows  ;  shot  by  an  infuriate  soldiery  ;  cast  into  many  prisons ; 
mercilessly  conscripted,  and  hunted  like  wild  beasts  and  murdered  in  our  places 
of  concealment,  our  numbers  have  been  reduced,  but  the  survivors  of  us  have 
kept  the  vows  made  upon  the  altar  of  patriotism  five  years  ago.  More  than 
twenty-five  thousand  of  our  number,  leaving  their  homes  and  families  to  be 
pillaged  and  abused,  travelling  through  mountains  or  swamps  by  night  and 
hiding  in  thickets  by  day  to  evade  a  pursuing  and  murderous  enemy,  escaped 
to  the  federal  lines,  and,  without  bounty  or  other  inducement,  enrolled  them 
selves  as  Union  soldiers.  They  have  returned  to  their  homes  from  a  gallant 
and  bloody  service  to  find,  in  many  instances,  their  houses  in  ashes,  their 
property  gone,  and  their  families  abused,  insulted,  and  outraged.  And,  it  must 
be  added,  that  in  many  instances  these  victorious  heroes  of  the  national  cause 
are  not  permitted  to  remain  at  their  homes  in  peace,  or,  if  permitted,  they  are 
crippled  in  business  and  politically  and  socially  outlawed. 

The  designs  of  the  great  secession  majority  of  Tennessee  may  have  been 
changed  by  the  events  of  the  war,  and  so  may  have  been  their  opinions  of  their 
own  strength  and  of  the  strength  of  the  goveinment,  but,  unless  your  memo 
rialists  greatly  misunderstand  them,  their  sentiments,  sympathies,  and  passions 
remain  unchanged.  They  welcome  peace  because  they  are  disabled  from  making 
war ;  they  submit  because  they  can  no  longer  resist  ;  they  accept  results  they 
cannot  reject,  and  profess  loyalty  because  they  have  a  halter  around  their 
necks.  They  recognize  the  abolition  of  slavery  because  they  see  it  before  them 
as  a  fact;  but  they  say  it  was  accomplished  by  gross  violations  of  the  Consti 
tution,  that  the  negro  is  free  only  in  fact,  but  not  in  law  or  of  right. 

Less  than  a  year  ago  the  provisional  governor,  representing  the  military  power 
of  the  President,  and  recognizing  the  right  of  the  loyal  people  to  govern  the 
State,  set  on  foot  a  civil  government,  founded  upon  the  basis  of  the  loyal  popu 
lation — his  favorite  policy.  The  plan  of  a  popular  convention  and  a  submission 
to  a  vote  of  the  loyal  people  was  adopted,  and  the  former  constitution  and  laws 
were  restored  without  the  institution  of  slavery.  Whether  we  regard  it  as  our 


92  RECONSTRUCTION — TENNESSEE. 

former  State  government  restored,  or  as  a  new  government  given  to  us  by  the 
power  of  the  nation,  is  immaterial,  as  it  has  been  compelled  at  every  step  to  lean 
upon  the  strong  arm  of  the  national  authority  for  support.  The  action  of  the  con 
vention  was  submitted  to  the  vote  of  the  loyal  people,  and,  by  means  of  the  strong 
will  of  the  military  governor  and  a  rigid  test  oath,  and  because  the  election  was 
not  recognized  by  the  disloyal,  it  was  nearly  unanimously  adopted,  receiving 
over  20,000  votes,  many  of  the  Union  men  being  within  the  rebel  lines  at  the 
time. 

Under  the  government  thus  adopted,  and  by  means  of  the  same  test  oath,  a 
governor  and  legislature  were  elected  by  general  ticket  on  the  3d  of  March  last. 
The  legislature  assembled  in  April,  and  proceeded  to  inaugurate  the  governor 
elect  and  to  elect  State  officers,  to  establish  a  revenue,  to  provide  for  the  election 
of  members  to  Congress,  and  to  legislate  in  general  matters.  Under  authority 
conferred  upon  him,  the  new  governor  appointed  a  judiciary  pro  tempore,  and 
reorganized  the  entire  State  by  appointments.  But  one  general  election  has 
been  held,  and  that  only  for  members  of  Congress,  with  what  result  will  appear 
hereafter. 

The  convention  of  February,  foreseeing  the  impossibility  of  carrying  out  the 
principle  upon  which  they  were  acting,  by  keeping  the  political  power  of  the 
State  in  loyal  hands,  if  all  those  who  had  by  acts  of  treason  forfeited  their  right 
to  participate  in  the  State  government,  provided  for  a  formal  disfranchisement 
by  conferring  upon  the  first  legislature  the  power  to  limit  the  elective  franchise. 

So  far  the  legislation  on  this  subject  has  been  unsatisfactory  and  ineffectual. 
Indeed,  many  of  the  members  are  utterly  unequal  to  the  task,  and,  yielding  to 
the  influence  and  dreading  the  power  of  numbers,  shrink  from  its  performance. 
A  suffrage  law  was  passed  at  the  spring  session,  the  result  of  compromise,  and 
doubtful  in  its  terms,  easily  evaded,  and  practically  defective.  By  means  of 
repeated  proclamations  by  the  governor,  telegraphic  orders  from  the  President, 
and  the  aid  of  the  military,  a  partial  execution  only  of  the  law  was  obtained. 
So  defective  was  the  execution  of  the  law  by  the  officers  to  whom  it  was  in 
trusted,  that  the  governor  was  constrained  to  declare  the  August  election  totally 
void  in  twenty-nine  counties  of  the  State.  An  attempt  will  be  made  at  the 
present  session  to  pass  an  amended  suffrage  law,  but  it  is  doubtful  whether  any 
effectual  disfranchisement  can  pass,  and  still  more  doubtful  whether,  if  passed, 
it  can  be  executed  even  with  the  presence  of  the  military.  Certainly,  such  a 
law  cannot  be  executed  if  the  supervising  power  of  the  general  government 
should  be  discontinued. 

In  short,  your  memorialists  anticipate  that,  at  the  first  general  election,  the 
entire  civil  and  judicial  power  of  the  State  must  pass  into  the  hands  of  those 
who  have  so  long  oppressed  them,  and  made  actual  war  upon  them.  The 
judicial  election,  which  is  the  most  important  of  all,  must  soon  occur. 

By  a  careful  consideration  of  the  passions,  prejudices,  and  designs  of  those 
lately  in  rebellion,  a  correct  idea  of  the  course  they  will  pursue,  when  once  more 
installed  into  power,  may  be  arrived  at.  Your  memorialists  are  not  driven  to 
consult  tourists  nor  correspondence  for  information.  They  are  fill  citizens  of 
the  State;  some  of  them  are  natives,  and  from  official  position  are  in  daily  inter 
course  or  communication  with  all  parts  of  the  State,  and  with  citizens  of  all  par 
ties  and  classes.  They  claim  to  speak  not  from  hearsay  or  report,  but  as 
wit-nesses  admissible  in  court. 

The  predominant  feeling  of  those  lately  in  rebellion  is  that  of  deep-seated 
hatred,  amounting  in  many  cases  to  a  spirit  of  revenge  towards  the  white  Union 
ists  of  the  State,  and  a  haughty  contempt  for  the  negro,  whom  they  cannot  treat 
as  a  freeman.  The  hatred  for  the  white  loyalist  is  intensified  by  the  accusation 
that  he  deserted  the  south  in  her  extremity,  and  is,  therefore,  a  traitor,  and  by 
the  setting  up  a  government  of  the  minority.  The  spirit  of  revenge  is  called 
forth  by  the  attempt  to  disfranchise  them,  and  by  the  retaliatory  acts  of  the 


RECONSTRUCTION TENNESSEE.  93 

returned  Union  soldiers  for  wrongs  done  them  during  the  war.  The  negro  is 
the  Mordecai  who  constantly  reminds  them  of  their  defeat,  and  of  what  they 
call  a  "just,  but  lost  cause."  And  the  sight  of  him  in  the  enjoyment  of  freedom 
is  a  constant  source  of  irritation. 

The  tourist  would  not  be  apt  to  detect  the  true  state  of  the  southern  temper. 
Even  the  resident  observer  has  to  look  beneath  the  surface  of  insincere  protesta 
tions  of  loyalty.  True,  the  traveller  or  visitor  might  observe  a  large  number 
of  daily  rebel  newspapers  well  sustained,  while  a  single  loyal  paper  is  sustained 
with  difficulty.  He  might  discover  that  the  rebel  merchant  or  lawyer  is  full  of 
business  and  growing  rich,  while  the  loyalist  either  fails,  or  is  driven  to  pander 
and  dissimulate.  And  he  may  find  that  the  rebel  chaplain  preaches  to  over 
flowing  houses,  while  the  loyal  minister  is  in  truth  a  missionary  in  an  unfriendly 
country.  But  he  will  hardly  go  into  the  social  circle  to  learn  that  the  Union 
man  is  not  admitted  into  society,  or  into  private  families,  to  find  that  hatred  of 
the  Yankee  and  contempt  for  the  government  are  inculcated  by  rebel  min 
isters  and  teachers;  nor  will  he  visit  the  township  election  to  learn  that  the 
bushwhacker  and  guerilla  can  defeat  the  most  respectable  Union  man  for  con 
stable  or  justice  of  the  peace  ;  or  to  the  courts,  to  learn  that  the  despised  "  Lin- 
colnite"  fails  to  get  justice  at  the  hands  of  a  rebel  jury,  and  that  the  putting  of 
a  negro  on  trial  is  equivalent  to  his  conviction  and  sentence  to  the  maximum 
penalty  of  the  law.  Yet  these  and  many  other  manifestations  betray  to  the 
resident  observer  the  malignant  temper  of  the  majority  of  our  people. 

A  party  exists  in  the  State,  which  is  every  day  becoming  more  and  more  com 
pact  ana  powerful,  which  sympathizes  with  the  men  and  principles  of  the  re 
bellion.  It  commands  every  agency  to  operate  upon  public  opinion.  It  has 
five  well-sustained  and  ably-edited  daily  papers  in  Memphis,  four  in  Nashville, 
one  in  Knoxville,  and  a  weekly  in  each  of  the  important  villages.  Their  par 
doned  but  talented  and  still  popular  leaders  are  with  them.  Hundreds  of  rebel 
ministers  who  glory  in  having  led  off  in  the  rebellion,  and  who  have  been 
throughout  the  war  the  bloodiest-minded  men  in  the  south,  are  still  in  the  con 
fidence  of  their  people.  All  these  appliances  acting  in  harmony  mould  public 
sentiment  as  they  please,  and  command  a  party  of  over  two-thirds  of  the  white 
men  of  the  State.  Free  from  restrictions  upon  suffrage,  they  will  probably  cast 
90,000  votes  in  the  State. 

It  is  a  sad  delusion  and  a  dangerous  mistake  to  suppose  that  this  hatred  of 
loyalty,  contempt  for  the  negro,  and  alienation  from  the  government,  are  con 
fined  to  the  politicians,  or  leaders  as  they  are  termed,  and  that  the  common  peo 
ple  have  been  all  the  time  loyal.  It  is  certainly  true  that  a  portion  of  the  south 
ern  people  went  into  the  rebellion  reluctantly,  and  that  a  few  were  actually  forced 
into  it.  But  it  is  equally  true  that  nine-tenths  of  those  who  went  in  reluctantly 
came  out  the  bitterest  of  rebels.  The  process  of  firing  the  southern  heart  and 
educating  the  southern  mind  for  treason  had  been  progressing  for  many  years, 
and  had  reached  all  classes.  Long  before  the  war  the  common  laborer  had 
learned  to  curse  the  Yankees  and  abolitionists,  and  to  talk  about  negro  equality 
and  his  rights  in  the  Territories.  Filled  with  murderous  hate,  they  have  fought 
four  years  against  their  country.  They  have  denounced  and  heard  it  denounced 
with  every  breath.  They  have  suffered  cold,  hunger,  and  wounds  in  an  effort 
to  destroy  it.  They  have  slain  its  defenders,  and  seen  their  comrades  fall  in  the 
same  cause.  The  laws  of  human  nature  forbid  the  idea  that  they  love  their 
country.  Indeed,  it  may  well  be  doubted  whether  the  capacity  for  patriotism  is 
not  extinguished  in  many  of  them. 

lour  memorialists  regret  to  say  that  as  yet  the  loyalists  of  East  Tennessee, 
brave  and  noble  as  they  are,  have  not  kept  pace  with  the  spirit  of  the  nation  in 
extending  civil  rights  to  the  negro,  and  consequently  there  exists  a  want  of 
harmony  among  ourselves ;  but  they  do  not  doubt  that  that  patriotic  but  rural 
people  will  soon  take  a  position  worthy  their  fame.  But  in  any  event,  all  legis- 


94  RECONSTRUCTION TENNESSEE. 

lation  looking  to  the  elevation  of  the  freedman  in  a  moral,  civil,  or  political 
point  of  view  must  come  from  Congress,  and  not  from  the  State  legislature.  It 
may  be  that  the  present  body  may  pass  some  favorable  laws — probably  they 
will ;  but  it  is  easy  to  see  they  will  be  swept  away  by  the  next  general  assembly. 
Supposing  the  supervising  power  of  the  general  government  to  be  withdrawn 
from  Tennessee,  and  assuming  that  to  some  extent  at  least  the  passions,  preju 
dices,  and  resentments  of  the  majority  of  the  people  will  be  reflected  in  their 
legislation,  it  is  not  difficult  to  anticipate  her  State  policy  and  the  character 
of  her  civil  and  judicial  administration.  It  may  be  safely  assumed — 

1.  That  so  far  as  possible  in  legislation,  the  bestowal  of  patronage,  and  the 
management  of  all  public  affairs,  the  late  rebels  will  be  the  preferred  class; 
and  that  all  the  acts  of  the  rebel  State  government,  including  the  removal  and 
the  destruction  of  the  State  banks  and  State  treasury,  the  disarming  and   con 
scripting  the  people,  and  the  impressment  of  their  property,  and  all  the  acts  of 
rebel  officers,  soldiers  and  guerillas,  will  be  legalized.     Those  who  have  been 
robbed,  wounded,  and  imprisoned  will  go  unredressed,  while  those  who  have 
inflicted  those  injuries  will  be  justified  in  law,  as  they  now  are  in  public  senti 
ment. 

2.  As  is  even  now  the  case  in  many  localities,  services  rendered  and  wounds 
received  in  the  confederate  cause  will  be  passports  to  preferment,  while  to  have 
taken  sides  with  the  cause  of  the  Union  will  be  equal  to  a  judgment  of  infamy, 
forever  consigning  the  offender  to  obscurity  and  disgrace. 

3.  If  the  legislature  does   not  vote  thanks  and  medals  to  southern  heroes, 
and  unite  with  other  southern  States  to  pay  the  confederate  debt,  it  will  be 
from  fear  or  policy,  and  not  from  want  of  sympathy  or  desire. 

4.  As  far  as  possible,  restrictions  will  be  thrown  around  the  freedom  of  the 
negro,  and  his  elevation  in  the  scale  of  being  discountenanced,  if  not  actually 
prohibted.     He  will  be  excluded  from  the  courts,  from  common  schools,  and 
probably  from  all  means  of  education,  from  business  and  privileged  occupations, 
and,  perhaps,  from  the  acquisition  of  property. 

Such,  we  apprehend,  will  be  some  of  the  results  of  well  known  laws  of  the 
public  mind.  And  it  requires  but  little  speculation  to  anticipate  still  further 
and  more  ulterior  results.  It  is  very  questionable  whether  East  Tennessee  will 
submit  to  a  rebel  government.  Her  people  will  not  tamely  succumb  to  those 
who  have  pursued  them  like  bloodhounds  for  four  years.  If  she  does  not  resist 
by  force,  she  will  refuse  her  revenues,  and  scorn  to  send  her  representatives  to 
take  seats  in  a  legislature  composed  of  rebel  officers  and  guerilla  leaders. 
Union  men  will  feel  that  they  have  lost  and  the  rebels  won,  and  that  their 
martyrs  have  fallen  in  vain.  Even  now,  in  many  localities  they  are  crushed  by 
the  power  of  numbers,  and  actually  afraid  to  speak  like  freemen. 

Loyal  emigrants  will  turn  aside  to  more  congenial  parts,  and  the  south  will 
be  left  to  herself,  to  resume  her  former  rate  of  progress. 

The  negro  will  be  forced  to  seek  an  asylum  in  other  lands,  or  perhaps  he  will 
become  a  declining  race,  relapse  into  barbarism  and  disappear  from  the  face  of 
the  earth  ;  an  effect  confidently  predicted,  and,  in  fact,  hoped  for  by  seces 
sionists. 

Your  memorialists  do  not  presume  to  point  out  the  means  of  preventing  the 
direful  results  they  have  attempted  to  foreshadow.  They  simply  ask  pro 
tection.  They  pray  that  the  government  will  not  forsake  them  by  withdraw 
ing  its  direct  agency  in  our  affairs,  thereby  delivering  them  over  to  their  tor 
mentors. 

Your  memorialists  will  say,  however,  that  they  desire  to  be  represented  in 
Congress.  The  loyal  people  of  Tennessee  have  not  forfeited  their  civil  rights 
by  the  misfortune  of  being  surrounded  by  rebels.  And  if  difficulties  should 
occur  hereafter,  as  is  to  be  feared,  in  that  event  they  desire  to  have  a  voice  in 
the  councils  of  the  nation.  But  if  our  form  of  government  is  such  that  to 


RECONSTRUCTION — TENNESSEE.  95 

admit  our  representatives  to  seats  in  Congress  will  compel  the  withdrawal  of 
the  supervising  control  of  the  national  government  over  our  internal  affairs, 
thereby  insuring  the  ascendency  of  the  rebel  majority,  your  memorialists  pre 
fer,  and  they  are  sure  the  loyal  people  of  the  State  would  prefer,  to  live  in  a 
territorial  condition,  and  even  under  a  military  government. 

From  the  rebel  yoke  they  pray  to  be  saved.  From  such  a  fate  we  rely  upon 
the  power  of  the  nation  to  rescue  us.  In  behalf  of  ourselves,  in  behalf  of  the 
devoted  loyalists  of  the  State,  of  whatever  color,  and  in  behalf  of  our  posterity, 
we  appeal  to  that  government  we  love  and  have  served  to  save  us  and  them 
from  the  power  of  those  who  have  inflicted  upon  us  every  conceivable  injury 
We  are,  most  respectfully,  your  obedient  servants, 

JOHN  SCHIMMLER. 

FERDINAND  KUHN. 

A.  W.  HAWKINS. 

A.  LOVERING,   Chairman  pro  tern. 

E.  P.  CONE. 

WILLIAM  HEYDT. 

A.  J.  FLETCHER. 

N.  DERBY. 

A.  S.  THURNECK. 

ROBERT  WEITMULLER. 

GERVAS  HAURG. 

JULIUS  BRIESEN. 

R.  LEHMANN. 


STATE  OF  TENNESSEE, 

Executive  Department,  Nashville,  November  13,  1865. 
To  all  who  shall  see  these  presents,  greeting: 

I,  William  G.  Brownlow,  governor  of  the  State  of  Tennessee,  do  hereby  cer 
tify  that  at  a  general  election,  opened  and  held  in  said  State  on  the  first  Thurs 
day  in  August,  A.  D.  1865,  for  the  purpose  of  electing  representatives  of  the 
State  of  Tennesse  in  the  39th  Congress  of  the  United  States,  Horace  "May- 
nard,  of  the  county  of  Knox,  was  regularly  elected,  in  accordance  with  the  laws 
of  the  State  of  Tennessee  and  of  the  United  States,  representative  in  said  Con 
gress  from  the  second  congressional  district,  composed  of  the  counties  of  Clai- 
borne,  Union,  Knox,  Campbell,  Scott,  Morgan,  Anderson,  Blount,  Monroe,  Polk, 
McMinn,  Bradley,  and  Roane. 

And  I  do  therefore  commission  the  said  Horace  Maynard,  representative  in 
Congress  as  aforesaid,  during  the  term  and  with  all  the  powers,  privileges,  and 
emoluments  appertaining. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  the 
great  seal  of  the  State  of  Tennessee  to  be  affixed,  at  the  department  in  the  city 
of  Nashville,  this  13th  day  of  November,  1865. 

[SEAL.]  W.  G.  BROWNLOW. 

By  the  governor : 

A.  J.  FLETCHER,  Secretary  of  State. 


STATE  OF  TE\NESSEE, 

Executive  Department,  Nashville,  November  13,  1865. 
To  all  who  shall  see  these  presents,  greeting: 

I,  William  G.  Brownlow,  governor  of  the  State  of  Tennessee,  do  hereby  cer 
tify,  that  at  a  general  election  for  representatives  of  the  State  of  Tennessee  in 


9  6  RECONSTRUCTION TENNESSEE. 

the  39th  Congress  of  the  United  States,  opened  and  held  in  said  State  on  the 
first  Thursday  of  August,  A.  D.  1865,  William  B.  Stokes,  of  the  county  of  De 
Kalb,  was  regularly  elected,  in  accordance  with  the  laws  of  the  State  of  Ten 
nessee  and  of  the  United  States,  representative  in  said  Congress  from  the  third 
congressional  district,  composed  of  the  counties  of  Meigs,  Rhea,  Hamilton, 
Marion,  Grundy,  Bledsoe,  Van  Buren,  Sequatchie,  Warren,  White,  Smith,  Cum 
berland,  Putnam,  Jackson,  Macon,  Overtoil,  DeKalb  and  Fentress. 

And  I  do  therefore  commission  the  said  William  B.  Stokes,  representative  in 
said  Congress  as  aforesaid,  during  the  term  and  with  all  the  powers,  privileges, 
and  emoluments  appertaining. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  the 
r          -1     great  seal  of  the  State  of  Tennessee  to  be  affixed,  at  the  department 
in  the  city  of  Nashville,  this  13th  day  of  November,  1865. 

W.  G.  BROWNLOW. 

By  the  governor : 

A.  J.  FLETCHER,  Secretary  of  State. 


STATE  OF  TENNESSEE, 

Executive  Department,  Nashville,  November  25,  1865. 

I,  William  G.  Brownlow,  governor  of  the  State  of  Tennessee,  do  hereby  certify 
that  at  a  general  election  opened  and  held  in  the  State  of  Tennessee,  on  the  first 
Thursday  in  August,  1865,  for  representative  from  said  State  in  the  thirty-ninth 
Congress  of  the  United  States,  Samuel  M.  Arnell  was  regularly  elected,  in  accord 
ance  with  the  laws  of  the  State  of  Tennessee  and  of  the  United  States,  repre 
sentative  in  said  Congress  from  the  sixth  civil  district,  composed  of  the  counties 
of  Lawrence,  Wayne,  Hardin,  Decatur,  Perry,  Lewis,  Maury,  Hickmau,  Hum 
phreys,  Dickson,  Montgomery,  and  Stewart. 

In  testimony  whereof,  I  have  hereunto  subscribed  my  name  and  caused  the 
r          1  great  seal  of  the  State  to  be  affixed,  at  the  department  in  the  city  of 
J  Nashville,  the  25th  day  of  November,  A.  D.  1865. 

W.  G.  BROWNLOW. 
By  the  governor: 

A.  J.  FLETCHER,  Secretary  of  State. 


THIRTY-NINTJJ  CONGRESS  UNITED  STATES, 

House  of  Representatives,  Washington,  D.  C.,  February  26,  1866. 
SIR  :  I  herewith  respectfully  present  the  statements  of  R.  Hough,  esq.,  internal 
revenue  tax  collector  for  the  Memphis  district,  and  request  that  it  be  treated  as 
a  part  of  my  statement  of  a  late  date  in  which  I  alluded  to  the  facts  herein  more 
definitely  set  forth. 

I  also  beg  to  mention  that  I  learn  from  George  H.  Ellery,  esq.,  formerly  United 
States  cotton  purchasing  agent  at  Memphis,  that  during  seventy-five  days  the 
profits  to  the  government,  as  the  25  per  cent,  tax  on  cotton  through  his  office,  was 
in  round  numbers  one  million  seven  hundred  and  fifty  thousand  (1,750,000) 
dollars. 

I  am,  sir,  with  much  respect,  your  obedient  servant,  &c., 

JOHN  W.  LEFTWICH, 

Member  of  Congress  Elect,  Sfk  district    Tennessee. 
Hon.  Senator  GRIMES,  of  the  Reconstruction  Committee. 


RECONSTRUC  TION — TENNESSEE. 


97 


Statement  of  assessments  and  collections  in  the  first  district,   State  of  Ten 
nessee,  from  October  19,  1863,  to  January  1,  1866. 


Date. 

Monthly  as 
sessments. 

Annual  lists. 

Collections. 

October   J863    

$28,  178  87 

$20,  135  62 

$16,070  35 

November    1863               .... 

33,269  88 

32,429  71 

32  279  92 

December   1863 

25,560  81 

68  9f56  46 

31  525  14 

January,  1864         ....    .................. 

21,476  28 

180,631  71 

34,870  42 

February   1864 

42,232  75 

47  894  28 

March   1  864 

111  317  27 

119  796  51 

April  1864 

109  483  46 

120  253  99 

May   1864 

120,971  06 

124  146  96 

June   1864 

23  059  25 

25  939  83 

July    1864     

24,419  65 

33,154  02 

August  1864 

14  309  78 

32,770  61 

September    1864 

8  913  78 

30  922  11 

October,  1864    

108,889  93 

39,  063  09 

November    1  864 

88  916  87 

146  307  97 

December   1864 

30  279  81 

49  902  48 

January  1  865 

80  466  80 

92,940  82 

February  1865 

94  405  58 

92  277  24 

March,  1865  

126,861  55 

124,867  98 

April  1865 

49  339  72 

53  964  25 

May   1865 

143  256  37 

182  077  78 

June,  1865  .. 

106  143  43 

110,929  26 

July    1865 

128  674  25 

173  150  07 

August,  1865  

177,406  11 

193,  313  92 

September,  1865 

191  660  39 

207,896  41 

October   1865 

283  238  48 

306,443  25 

November   1865 

185  832  38 

188  186  82 

December   1865 

245  105  05 

226,772  33 

Total 

2  603  669  56 

302  163  50 

2  842  747  81 

R.  HOUGH,  Collector. 


UNITED  STATES  INTERNAL  REVENUE, 
COLLECTOR'S  OFFICE,  FIRST  DISTRICT,  STATE  OF  TENNESSER, 

Memphis,  Tennessee,  January  30,  1866. 

MY  DEAR  SIR:  In  consequence  of  the  constant  press  of  business  in  my  office, 
I  have  procrastinated  the  delivery  of  the  enclosed  statement  until  this  late  day, 
for  no  other  reason  than  that  so  much  was  on  hand  to  be  done  that  I  did  not  like 
to  set  clerks  at  anything  that  was  not  strictly  office-work.  My  only  regret  now 
is  that  I  cannot  give  you  so  elaborate  a  statement  of  facts  connected  with  the 
collection  of  over  three  millions  of  revenue  (adding  the  stamp-sales  to  the  en 
closed)  as  I  would  wish,  for  want  of  time.  You  will  recollect  that  our  city  was 
captured  by  the  federal  fleet  on  the  6th  of  June,  1862,  previous  to  which  large 
drafts  were  made  on  its  inhabitants  by  the  rebel  leaders  for  the  support  of  their 
army.  When  the  federal  flag  was  hoisted  here  it  floated  over  a  city  of  less 
than  thirty  thousand  people,  with  no  commerce,  limited  resources,  and  no  trade 
from  river  or  country.  The  government  collected  the  larger  portion  of  the  rents 
during  1862  and  1863  ;  besides,  heavy  taxes  were  paid  on  the  demands  of  mili 
tary  commanders,  and  all  shipments  to  and  from  the  city  were  taxed  by  the 
Secretary  of  the  Treasury;  so  that  I  think  I  am  safe  in  saying  that  the  internal 
revenue  collected  per  the  enclosed  statement  does  not  amount  to  more  than  one- 
third  of  the  taxes  paid  by  our  people.  The  assessor  commenced  his  labors 
some  time  in  June,  1863,  but  he  dated  his  assessments  back  to  September,  1862, 
7  T 


98  BECONSTRUCTION — TENNESSEE. 

I  commenced  collection  about  the  1st  of  November,  1863,  at  which  time  I  Lad 
two  annuals  to  collect  for  1862  and  1863,  and  before  these  were  closed  up  the 
annual  for  1864  had  been  assessed  and  the  special  five  per  cent,  tax  on  the  in 
comes  of  1863.  You  will  remember  that  the  civil  courts  were  suspended  during 
this  time,  and,  in  fact,  have  but  recently  been  fully  re-established,  and  this  was 
the  only  office  that  did  not  exist  by  and  depend  on  military  sufferance  and  rule ; 
yet  I  think  I  am  safe  in  saying  that  our  people  have  paid  their  revenues  to  the 
government  collector  as  promptly  and  apparently  as  cheerfully  as  in  any  por 
tion  of  the  United  States.  I  have  never  been  obliged  to  levy  upon  any  man's 
effects  to  secure  his  revenue  due  to  the  government,  and  though  personally  an 
austere  man,  I  think  the  tax-collector  is  as  much  in  the  favor  of  the  people  at 
large  as  it  is  possible  for  any  man  to  be  in  like  circumstances  anywhere  in  the 
land.  I  do  not  intend  to  convey  the  idea  that  the  collector  possesses  qualities 
to  make  him  popular  notwithstanding  his  office,  but  that  the  people  in  this  dis 
trict,  so  far  as  they  have  been  reached,  respond  as  cheerfully  to  the  demands 
of  the  government  as  they  do  in  any  State  in  the  Union.  A  Boston  merchant 
of  some  note  lately  said  to  me,  "  Tell  me  how  your  people  pay  their  taxes,  and 
I  will  myself  judge  of  their  loyalty."  By  this  rule,  I  am  inclined  to  the  opin 
ion  that  we  should  vie  with  Boston  herself;  but  being  a  Bostonian  originally,  I 
don't  like  to  make  any  comparisons. 

Trusting  that  the  enclosed  will  be  of  service  to  you,  I  am,  very  respectfully, 
your  obedient  servant, 

R.  HOUGH,   Collector. 

Hon.  JOHN  W.  LEFTWICH,  Washington,  D.  C. 


WASHINGTON,  January  26,  1866. 

GENTLEMEN  :  In  answer  to  your  inquiries,  I  have  the  honor  to  state : 
I.  That  the  loyal  people  of  the  State  of  Tennessee  assembled  in  convention 
at  Nashville  on  the  8th  day  of  January,  1866,  and  proceeded  to  organize  the 
government  of  the  State.  They  adopted  an  amendment  to  the  constitution 
abolishing  slavery  forever  in  the  State.  They  adopted  a  schedule  to  the  con 
stitution,  in  which — 

1.  They  repudiated  the  rebel  debt  contracted  to  carry  on  the  war. 

2.  They  declared  the  ordinance  of  secession  void  ab  initio,  and  all  the  legis 
lative  acts  passed  by  the  legislature  at  its  different  sessions  from  the  6th  of  May, 
1861,  inoperative  and  void. 

3.  They  provided  that  all  the  acts  of  Andrew  Johnson  as  military  governor, 
together  with  his  appointments  to  office,  valid  and  binding. 

4.  They  provided  for  the  election  of  a  general  assembly  to  be  held  on  the  4th 
of  March,  1865,  as  well  as  for  the  election  of  a  governor. 

5.  They  declared  that  the  amendments  so  proposed  should  be  submitted  to 
the  people  for  ratification  or  rejection  on  the  22d  day  of  February,  1865. 

II.  On  the  22d  day  of  February,  1865,  the  amendment  and  schedule  were 
submitted  to  the  people,  and  adopted  almost  unanimously. 

III.  On  the  4th  day  of  March,  1865,  the  governor,  William  G.  Brownlow, 
was  elected,  and  the  members  of  the  legislature,  gentlemen  who  for  "  uncon 
ditional  Unionism"  will  compare  favorably  with  the  same  number  of  gentlemen 
selected  from  any  State  in  the  Union. 

IV.  On  the  3d  day  of  April,  1865,  the  legislature  met  at  Nashville,  and  in  a 
few  days  thereafter  the  governor  was  inaugurated,  and  that  civil  government 
for  the  State  has  been  in  successful  and  peaceable  operation  ever  since. 

V.  One  of  the  first  acts  passed  by  the  legislature  was  one  ratifying  the 
amendment  to  the  Constitution  of  the  United  States  abolishing  slavery.     It 
passed  unanimously. 


\ 


RECONSTRUCTION TENNESSEE.  90 

VI.  The  legislature  enacted  a  franchise  law,  disfranchising  all  rebels  for  the 
space  of  five  years  who  had  not  participated  in  either  one  of  the  last  elections, 
and  by  which  a  large  number  of  the  qualified  voters  were  prohibited,  because  of 
their  treason,  from  participation  in  the  subsequent  elections. 

VII.  The  legislature  provided  for  the  congressional  elections  by  dividing  the 
State  into  eight  congressional  districts,  and  by  electing  two  senators.     Since 
that  time  the  civil  government  of  the  State,  under  its  present  loyal  organiza 
tion,  has  been  in  uninterrupted  and  successful  operation  all  over  the   State, 
No  obstacles  have  been  put  in  the  way.     I  have  in  my  possession,  and  which  I 
will  produce  for  the  inspection  of  the  committee,  if  desired,  printed  copies  of  th^ 
proceedings  of  the  convention  of  January  8,  1865,  as  well  as  the  acts  and  reso 
lutions  of  the  April  session  of  the  general  assembly. 

VIII.  The  election  for  Congress  was  held  on  the  first  Thursday  in  August, 
1865.  the  regular  day,  and  everything  passed  off  harmoniously  and  quietly. 
This  result  was  extremely  gratifying  to  the  loyal  men  of  the  State.     The  mem 
bers  elected  are  known  to  have  been  loyal  to  the  government,  and  have  all  complied 
with  the  law  of  the  land. 

IX.  I  can  say  fearlessly,  from  an  intimate  personal  acquaintance  with  the 
eople  of  the  fourth  congressional  district,  composed  o£  the  counties  of  Ruther 
ford,  Cannon,  Coffey,  Franklin,  Lincoln,  Giles,  Marshal,  and  Bedford,  and  which 
I  have  the  honor  to  claim  to  represent,  and  where  there  are  no  federal  soldiers, 
and  have  not  been  any,  except  in  Rutherford  county,  since  the  1st  of  July,  1865, 
that  peace  and  quiet  and  complete  obedience  to  law  prevail.     No  difficulties  of 
any  kind  ;  law  and  order  are  everywhere  observed.     The  United  States  asses 
sors  and  collectors  visit  every  part  of  the  district  unguarded  and  alone  ;   are 
promptly  paid  and  kindly  treated.     The  United  States  marshal  needs  no  mili 
tary  force  to  enable  him  to  do  his  duty.     The  white  men  and  the  freedmen  live 
harmoniously  together.     Contracts  are  made  between   them,  liberal,  just,  and 
satisfactory,  and  are  faithfully  performed  by  both  parties.     No  complaints  are 
t)eing  made.     All  recognize  the  government  of  the  United  States  as  the  supreme 
law  of  the  land.     They  most  earnestly  desire  to  be  once  more  fully  restored  to 
the  benefits  of  its  protection,  so  that  they  can  once  more  feel  that  they  are 
American  citizens. 

I  fully  believe  that  the  United  States  troops  might  be  withdrawn  any  day, 
and  the  present  State  government  would  be  protected  and  guarded  until  the 
expiration  of  its  term  without  molestation  or  danger.  It  seems  to  me  that  the 
people  feel  the  necessity  of  peace  and  law  and  order,  and  they  intend  to  have  it. 

The  legislature  has  passed  all  laws  necessary  for  the  protection  of  the  freed 
men,  and  there  is  but  one  single  case  in  which  the  punishment  of  the  white  man 
differs  from  that  of  the  freedman,  and  that  is  in  the  case  of  rape,  or  assault  with 
intent  to  commit  raj.  e,  on  the  person  of  a  white  woman. 

The  recognition  of  the  present  State  government  by  the  Congress  of  the  United 
States,  the  admission  of  its  senators  and  representatives,  in  the  full  restoration  of 
the  State  to  an  equality  with  the  other  States  in  the  government,  will  give  con 
fidence  and  happiness  to  those  citizens  of  the  State  who,  through  all  the  horrors 
of  this  cruel  and  unjust  rebellion,  have  maintained  their  integrity  to  the  national 
flag,  and  who  loved  their  country  too  well  to  betray  it  into  the  hands  of  traitors. 

if  Congress  will  recognize  us  as  worthy  of  being  admitted  to  our  seats  in  the 
Senate  and  House  of  Representatives,  thus  giving  to  us  the  moral  weight  of  their 
action,  we  can,  without  doubt,  preserve  and  protect  the  loyal  people  of  the  State. 
If,  on  the  contrary,  we  are  treated  as  if  we  were  rebels,  as  if  we  had  sinned, 
when  we  have  not,  then,  of  course,  our  influence  is  gone,  and  we  can  no  longer 
hope  to  be  able  to  control  the  political  destinies  of  the  State. 
Respectfully, 

COOPER. 


100  RECONSTRUCTION— TENNESSEE. 

WASHINGTON,  January  29,  1866. 
To  the  honorable  gentlemen  of  the  "Reconstruction  Committee:" 

GENTLEMEN  :  In  compliance  with  suggestions'  from  the  Hon.  Senator  Grimes, 
I  respectfully  submit  these  my  opinions,  with  the  reasons  therefor,  in  relation 
to  the  loyalty  and  present  feelings  of  the  people  whom  I  have  the  honor  to 
represent. 

Since  the  first  occupation  of  Memphis  by  the  national  forces,  in  June,  1862, 
no  spirit  of  discontent  or  insubordination  has  ever  manifested  itself;  and 
though  we  have,  in  addition  to  the  usual  taxes,  been  compelled  most  of  the 
time  to  pay  from  three  to  five  per  cent,  tax  on  all  merchandise  shipped  to  Mem 
phis,  and  twenty-five  per  cent,  and  four  cents  per  pound  on  all  cotton  shipped 
from  Memphis,  and  two  dollars  per  bale  military  tax,  and  other  military  taxes  ad 
injinitum — amounting,  in  the  aggregate,  to  millions  of  dollars — it  has  been 
promptly  paid  without  complaint. 

Our  "  internal  revenue  tax  collector"  now  proudly  asserts  that  his  collections 
have  been  made  with  a  promptness  above  the  average  of  northern  cities,  and 
that  the  disgraceful  attempts  to  defraud  the  government,  so  prevalent  elsewhere, 
are  comparatively  unknown  in  Memphis. 

When  our  army  was  needed  actively  on  other  fields,  and  that  portion  remain 
ing  at  Memphis  was  inadequate  to  protect  the  immense  army  stores  there  col 
lected,  our  entire  able-bodied  male  population,  amounting  to  many  thousands, 
was  organized,  armed,  and  equipped  for  active  militia  duty;  many  having  to 
remain  on  duty  all  the  time,  and  all  compelled  to  suspend  business  for  the  pur 
pose  of  drilling  from  one  to  two  days  in  each  week  ;  and  such  was  their  conduct 
on  several  occasions  of  threatened  attack,  as  to  call  forth  the  congratulatory 
orders  of  the  commanding  generals,  to  one  of  whom,  the  "  Hon.  R.  P.  Buck- 
land,"  I  respectfully  refer. 

We  also  furnished  our  quota  in  the  last  draft. 

The  crops  of  1863,  '64,  and  '65,  in  "West  Tennessee,"  were  not  cultivated- 
by  involuntary  servitude,  but  by  compensated  labor;  and  the  result  of  the  three 
years'  experience  is,  that  our  colored  population  have  learned  the  important 
lesson  that  a  good  and  trusty  laborer  will  command  better  wages  than  a  bad 
one;  and  our  white  population,  who  own  the  land,  have  learned  the  equally 
important  lesson  that  he  who  pays  wages  promptly,  and  fairly,  and  otherwise 
honestly  redeems  his  obligations  to  the  employe,  will  surely  procure  the  best 
and  most  reliable  laborers. 

The  prejudice  that  did  at  one  time  exist  against  the  negroes  as  freedmen 
remaining  in  our  State  has  been  most  effectually  dispelled  by  a  remembrance 
of  their  good  qualities  during  the  war;  and,  by  self-interest,  the  most  potent  of 
all  arguments,  reminding  us  that  the  profitable  cultivation  of  our  rich  and  pro 
ductive  lands  requires  twice  the  number  of  laborers  now  there. 

In  view  of  this  desire  to  retain  these  laborers  in  our  State,  I  believe  there  is 
n-o  disposition  on  the,  part  of  our  citizens  to  impose  illiberal  terms  on  those  they 
employ  ;  and  I  know  they  have  not  the  ability  to  do  so,  as  the  demand  for  labor 
is  so  much  in  excess  of  the  supply  as  to  give  all  the  advantage  to  the  employe". 

The  only  relic  of  slavery  now  seen  in  our  midst  is  the  frequent  practice,  by 
agents  of  the  "  Freedinen's  Bureau,"  (generally  understood  to  be  for  a  considera 
tion,)  of  compelling  negroes  to  make  unwilling  contracts  with  parties  with 
whom  they  do  not  desire  to  live. 

I  am  fully  persuaded  that,  if  left  to  a  vote  of  the  former  slave-owners  of  my 
district,  they  would  now  vote  by  a  large  majority  against  assuming  the  moral 
responsibility  of  re-enslaving  the  negroes. 

I  am  sure  that  the  colored  laborers  of  this  district  will  make  more  money 
this  year  than  any  equal  number  of  white  laborers  in  States  north  of  the  cotton 
producing  region.     , 


RECONSTRUCTION — TENNESSEE.  .  101 

During  my  contest  for  my  present  position  I  travelled  on  horseback,  alone 
much  of  the  time,  through  the  entire  district;  and  though  my  Union  sentiments, 
already  notorious,  were  plainly  and  boldly  proclaimed  day  after  day,  I  did  not 
hear  a  rude  or  impolite  expression-,  though  the  country  was  full  of  returned 
rebel  soldiers,  who  might  be  expected  to  have  been  smarting  under  a  "franchise 
law"  that  was  odious  even  to  Union  men. 

I  had  four  opponents,  each  trying  to  prove  himself  a  better  Union  man  than 
the  rest,  and  all  surpassing  me  in  political  ability,  yet  I  was  elected  by  a  hand 
some  majority,  only  because  I  was  able  to  show  a  more  consistent  Union  record 
than  either. 

One  other  opponent  issued  a  circular  claiming  votes  as  an  original  sympa 
thizer  with  the  rebellion,  but  met  such  poor  encouragement  that  he  withdrew 
without  completing  the  contest. 

During  December,  hearing  many  reports  in  Washington  prejudicial  to  the 
loyalty  arid  good  conduct  of  my  constituents,  I  determined  to  take  no  hearsay, 
but  go  home  and  see  for  myself  if  such  rumors  had  any  foundation  in  fact. 
The  result  was,  I  found  my  people  contented,  hopeful,  industrious,  and  happy, 
considering  this  as  their  only  government,  with  no  willingness  to  injure  it,  but 
an  earnest  desire  to  make  it  better  and  stronger  than  ever. 

I  heard  no  man  of  influence  oppose  allowing  the  negroes  to  testify  in  our 
courts,  and  to  own  and  bequeath  property,  &c. 

On  the  28th  of  December  two  members  to  the  State  legislature  were  elected 
in  Memphis  and  Shelby  county,  both  of  whom  favored  the  above  movement, 
and  have  since  succeeded  in  making  it  the  law  of  the  State. 

To  learn  the  condition  of  a  portion  of  my  district  to  which  I  could  not  go, 
I  wrote  to  a  friend,  (an  appointee  under  Governor  Brownlow,  whom  I  knew 
to  be  loyal  and  truthful,  and  possessed  of  unusual  facilities  for  knowing  the 
real  feelings  of  the  people,)  telling  him  of  the  reports  coming  to  Washington, 
and  asking  if  such  were  the  facts. 

I  respectfully  annex  his  reply  as  part  of  this  statement. 

In  conversation  with  the  deputy  United  States  marshal,  who  had  been  through 
West  Tennessee  on  official  business,  of  such  an  unpopular  nature  as  to  induce 
him  to  have  a  military  escort,  he  said,  "  I  was  met  in  such  a  friendly  man 
ner  and  treated  with  such  cordial  hospitality,  that  I  was  ashamed  of  having  an 
escort,  and  made  it  convenient  to  be  away  from  them  most  of  the  time." 

I  have  just  received  a  letter  from  "J.  M.  Hill,  esq.,"  to  whom  every  military 
commander  at  Memphis  has  awarded  the  first  position  in  point  of  loyalty  and  reli 
ability,  and  possessing  general  information,  in  which  he  takes  occasion  to  say, 
"  We  need  no  troops  at  Memphis ;  but  if  the  government  desires  to  retain  a  fe\v 
here,  one  company  of  white  regulars  would  be  an  abundance." 

From  personal  knowledge  in  many  instances,  and  reliable  information  in 
others,  I  am  able  to  say  that  most  of  the  reports  coming  to  Washington  against 
the  loyalty  and  good  conduct  of  Tennesseaus  come  from  those  who  have  been 
defeated  for  office,  or  who  now  hold  positions  by  appointment,  and  know  that 
their  personal  unpopularity  will  prevent  them  from  retaining  it  when  left  to  the 
people  ;  and  as  our  county  elections  ought  legally  to  be  held  in  March,  it  is  the 
desire  of  this  class  to  make  excusable  the  filling  of  these  positions  by  appoint  - 
ment  instead  of  the  ballot. 

There  are,  no  doubt,  occasional  local  disturbances  in  our  State,  (that  our  civil 
officers  are  entirely  able  to  subdue,  however,)  but  these  all  grow  out  of  old  per 
sonal  animosities  engendered  during  the  war,  and  not  arising  from  any  rebel 
lious  spirit  towards  the  general  government. 

These  disturbances  are  much  less  frequent  in  my  part  of  the  State  than  else 
where,  owing  to  the  fact  that  the  army  maintained  uninterrupted  control  there 
after  its  first  occupation. 

Instead  of  there  existing  an  animosity  against  consistent  Union  men  who  have 


102  RECONSTRUCTION TENNESSEE. 

i 

no  used  their  influence  to  the  unfair  injury  of  those  who  have  disagreed  with 
them  in  politics,  they  are  really  the  most  popular  men  in  the  country;  as  it  is 
through  their  influence,  mainly,  that  all  expect  finally  to  he  reinstated  in  theen- 
joyrneut  of  all  their  lost  privileges  and  blessings. 

It  is  the  opinion  of  myself,  as  well  as  of  most  of  the  best  informed  with  whom 
I  have  talked,  (among  them  our  lamented  President  Lincoln,)  that,  notwith 
standing  so  many  of  our  people  were  subsequently,  by  various  influences,  forced 
into  the  rebellion,  the  election  in  Tennessee  in  February,  1861,  was,  and  is, 
the  true  criterion  of  the  loyalty  of  our  State ;  at  which  we  gave  a  majority, 
as  I  remember,  of  65,000  against  "separation,"  (thought  to  be  a  more  palatable 
term  than  "secession,")  and  nearly  that  number  against  even  calling  a  conven 
tion  to  discuss  it. 

When  Mr.  Johnson  assumed  the  presidential  chair  he  was  more  odious  to 
the  southern  people  and  more  feared  by  them  than  any  man  now  in  the  north  ; 
yet  he  is  now  by  these  same  people  as  universally  beloved  and  honored,  ju^t 
in  return  for  evidencing  a  kind  and  forgiving  spirit. 

Like  causes  produce  like  results  ;  and  it  is  now  in  the  power  of  the  Congress 
of  the  United  States  to  produce  in  the  feelings  of  the  masses  of  the  southern 
p'-ople  this  same  favorable  change  towards  them. 

Every  kind  word  uttered  here  goes  as  a  healing  balm  to  the  wounded  spirit 
of  our  people,  and  is  as  welcome  as  the  olive  branch  brought  by  the  returning 
dove  to  the  ark. 

I  have  said  much  more  than  I  intended.  The  assertions  made  are  suscepti 
ble  of  proof.  The  opinions  expressed  are  well-matured  convictions,  based  on 
a  thorough  acquaintance  with  the  facts  from  which  they  are  deduced. 

I  regret  that  I  cannot  close  without  expressing  the  belief  that  the  treatment 
our  people  are  now  receiving  is  well  calculated  to  produce  that  state  of  feeling 
now  falsely  said  to  exist,  though  I  have  no  fear  of  such  a  result  in  my  imme 
diate  district,  as  such  is  the  desire,  and  so  favorable  the  opportunity,  to  mend 
their  ruined  fortunes,  that  they  now  look  with  much  more  interest  to  the  fluctu 
ations  of  the  cotton  market  than  to  the  proceedings  of  Congress,  believing,  cor 
rectly,  that  there  is  no  surer  way  to  obtain  the  good  opinion  of  others  than  by 
industriously  attending  to  their  own  business. 

Hoping  that  nothing  I  have  said  will  have  an  influence  to  secure  my  admis 
sion  to  a  seat  in  Congress  until  my  people  can  be  trusted  as  Iltnow  they  deserve 
to  be, 

I  have  the  honor,  gentlemen,  to  remain,  very  respectfully,  your  obedient 
servant, 

JOHN  W.  LEFTWICH, 

Eighth,  District,  Tennessee. 

The  undersigned  beg  leave,  in  compliance  with  the  request  of  the  cou- 
gnv.-sional  Committee  on  Reconstruction,  to  submit  the  following  in  relation  to 
the  present  State  government  of  Tennessee: 

1.  The  government  was  organized  by  a  convention  of  the  loyal  citizens  Jan 
uary  8,  1865,  ratified  by  popular  vote  February  22,  1865;  governor  and  legis 
lature  elected  March  4,  1865;  inducted  into  office  April  3,  1865.     So  that  the 
government  has  been  in  practical  operation  nearly  ten  months. 

2.  When  the  organization  began,  the  rebel  army  under  Hood  had  just  been 
defeated  and  routed  before  Nashville ;  the  hostile  forces  were  still  in  the  field  ; 
guerillas  overran  some  portions  of  the  State;  our  Union  soldiers  were,  some  of 
them,  in  service  on  the  Atlantic  seaboard.     There  was  no  mail  communication  ; 
heavy  rains  had  swollen  our  numerous  streams ;  so  that,  iu  many  places,  the 
single  ballot-box  for  a  whole    countv  was  inaccessible,  and  the  vote  failed  to 
develop  the  whole  loyal  strength.     Yet  it  is  believed,  and  confidently  asserted, 


RECONSTRUCTION TENNESSEE.  103 

that  the  result  met  the  entire  approval  of  every  loyal  citizen,  and  the  acqui 
escence  of  many  who  had  been  disloyal. 

3.  From  the  meeting  of  the  legislature,  the  3d  of  April,  1865,  and  the  induc 
tion  into  office  of  the  governor,  the  government,  so  organized,  has  had  entire 
and  unresisted  control  of  the  whole  State,  in  every  department  of  administra 
tion,  executive,  legislative,  and  judicial,  including  the  conservation  of  the  public 
peace.     The  legislature  continued  in  session  until  into  June;  adjourned  to  the 
1st  of  October ;   again  assembled,  and  is  still  in  session.     The  governor  and 
other  executive  officers  have  discharged  the  functions  usual  to  their  respective 
offices.     The  courts  of  every  grade,  up  to  that  of  last  resort,  the  supreme  court, 
have  held  their  regular  terms  all   over  the   State,  and  have  been  open  for  the 
hearing  of  all  pleas,  civil  and  criminal. 

4.  The  first  act  of  the  legislature,  by  unanimous  vote,  ratified  the  recent  amend 
ment  of  the  national  Constitution  in  accordance  with  an  amendment  of  similar 
import  made  to  the  State  constitution.     The  election  of  senators  followed,  and 
legislative  provision  for  the  election  of  members  of  Congress.     A  law  of  fran 
chise  was  passed,  adding  one  qualification  to  the  elector,  additional  to  the  pre 
existing  loyalty,  and  providing  for  the  registration  of  the  voters. 

5.  The   election  was   held   at  the  usual  time  in  August,  and  persons  elected 
whose  loyalty  has  been  unequivocal,  and  will  abide  the  test  of  the  official  oath. 
The  number  of  votes  cast  was  sixty-one  thousand,  nine  hundred  and  seventy, 
not  far  from  the  number  usually  cast  by  each  of  the  two  parties  into  which  the 
State  was  almost  equally  divided  before  the  war.     The  governor,  deeming  it 
his  duty,  under  the   act  of  Congress  of  3d  March,  1863,  to  certify  whether  the 
election  was  regularly  held   according  to  the  laws  of  the  State,  and  also  to  be 
informed  as  to  the  practical  working  of  the  late  registry  laws,  instituted  an 
inquiry,  and  rejected  the  votes  of  several  of  the  counties  for  informality  and  a 
failure  to  comply  with  the  recent  law,  on  the  part  of  officers  intrusted  with  the 
novel  duty  of  registration. 

At  this  election  there  was  no  military  force  present  anywhere  at  the  ballot- 
box  ;  nor  was  there,  so  far  as  known,  the  slightest  disturbance  or  disorder.  A 
military  force  has  remained  in  the  State,  under  Major  General  Thomas,  to  sup 
port  and  sustain  the  civil  government.  One  prominent  arrest  was  made  on  the 
charge  of  sedition  and  scurrilous  libel  against  the  President  of  the  United  States  ; 
but  in  general  the  military  has  been  felt  only  in  the  moral  effect  of  its  presence 
as  a  power  which  the  civil  authority  might  at  any  time  invoke. 

6.  No  general  election  has  since  been  held  in  the  State.     On  the  first  Satur 
day  of  March  next  elections  will  be  held  for  sheriffs  and  other  county  officers 
in  the  several  counties  of  the  State. 

7.  The  general  legislation  so  far  has  looked  to  the  restoration  of  our  State 
credit  and  the  re-establishment  of  our  financial  prosperity.     A  revenue  system, 
(the  public  debt  increased  twenty-five  per  cent,  by  the  accumulation  of  interest 
during  the  war,  the  rebel  debt  having  been  repudiated  by  the  people,)  the  banks, 
the  railroads,  the  public  schools,  and  the  squandered  school  fund,  the  eleemosyn 
ary  institutions,  have  received,  as  they  demanded,  primeattention.  It  is  not  strange 
that  the  novelty  arid  importance  of  the   questions  arising  in  such  connexion 
should  occasion  honest,  even  obstinate,  diversity  of  opinion. 

8.  The  two  subjects,  however,  occasioning  the  most  declared  and  unyielding 
difference,  are  the  rebels  and  the  freedmen.     It  becomes  necessary  in  various 
ways  to  define  their  respective  privileges,  both  having  been  to  a  certain  extent 
outlawed — the  former  bv  reason  of  their  conduct,  the  latter  by  reason  of  their 
slavery.     What  some  insist  upon  as  a  wise  and  politic  liberality  towards  the 
rebels  is  branded  by  others  as  copperheadism,  if  not  downright  treason.     What 
some  regard  as  but  sheer  justice  to  the  freedmen,  and  a  necessary  safeguard 
against  the  reassertion  of  the  rebel  sentiment,  is  denounced  by  others  as  radical 
ism.     This  division  is  aggravated  and  intensified  by  an  admixture  of  prejudice 


1 04  RECONSTRUCTION TENNESSEE. 

and  interested  motive.  The  so-called  radical  element  prevails  in  the  present 
organization  of  the  government.  Public  sentiment,  as  represented  by  the  press, 
possibly,  if  expressed  by  the  voice  of  the  entire  population,  irrespective  of  ante 
cedent  relations,  favors  the  self-styled  conservative  element. 

9.  Whether,  upon  a  submission   to  the  ballot-box, 'the  government  would  be 
continued  in  the  same  hands,  or  those  of  men  with  similar  views,  is  necessarily 
matter  of  specula!  ion  and  conjecture.     Such  a  submission  will  occur  in  August, 
1867.     Much  will  depend  upon  the  wisdom,  good  conduct,  and  practical  success 
of  the  State  administration  meanwhile  ;  much  upon  the  turn  of  affairs  throughout 
the  country,  and  much  upon  the  issues,  personal  and  other,  that  happen  to  be 
submitted  to  the  people,  as  friends  of  the  national  government,  who  have  stood 
close  to  it,  defending  its  policy  and  maintaining  its  honor  all  the  way  through 
the  recent  conflict.     We  see  no  cause  for  discouragement,  provided  that  the  gov 
ernment  will  stand  by  us  and  give  us  the  moral  effect  of  its  support.     If,  on  the 
other  hand,  we  are  unrecognized  and  unsustained  ;  if  we  are  practically  declared 
usurpers,  and  our  effort  at  restoring  our  deserted  and  inanimate  State  govern 
ment  a  usurpation,  then  we  are  necessarily  overborne  and  swept  away. 

10.  The  unenlightened  and  narrow-minded  rebel  sentiment  is  bitterer  and  more 
rancorous  possibly  than  during  the  war,  under  the  humiliation  of  defeat  and  dis 
grace.     It  is  expressed  less  towards  the  federal  than  to  the  State  government, 
and  is  especially  strong  tow  »rds  persons  of  northern  origin,  those  Union  men 
who  took  an  active  part  for  the  government  against  the  rebellion,  and  the  freed  - 
men.     The  intelligent  rebels,  on  the  other  hand,  see  and  accept  the  situation,  and 
endeavor  to  make  the  best  of  it.     Their  political  aspirations  would  naturally 
tend   to  the  control  first  of  local  affairs,  then  of  the  Slate,  and  lastly  of  the 
national  government.     They  hope  for  much  from  a  division  between  the  execu 
tive  and  legislative  powers. 

11.  The  situation  of  the  freedmen  is  much  more  satisfactory  to  themselves, 
however  it  may  appear  to  others,  than  when  in  slavery.     There  is  suffering, 
oppression,  injustice,  wrong.     In  the  economy  of  society  the  world  over,  poverty, 
ignorance,  and  weakness  entail  inevitable  hardships.     The  case  of  the  freedman 
is  no  exception.     In  addition,  the  prejudice  of  race  is  a  burden.     His  freedom 
is  an  idea  too  proximate  to  the  calamitous  overthrow  of  the  rebellion  to  be  wel 
comed  by  those  who  took  part  in  tliat  foolish  and  iniquitous  enterprise  ;  while 
the  loyal  Union  man  has  too  long  felt  his  progress  in  life  obstructed  by  him  as 
a  slave  to  relish  his  presence  even  in  freedom,  and  his  labor  no  longer  organized 
by  the  intelligence  and  capital  of  his  master. 

The  pre-existing  laws  applicable  to  free  persons  of  color  were  at  once  applied 
to  the  freedmen.  These  allowed  him  nearly  all  the  civil  rights  accorded  to 
white  persons,  except  to  bear  testimony  in  courts  against  white  persons,  and  to 
peddle,  and  to  traffic  in  spirituous  liquors.  It  subjected  him  to  the  same  crimi 
nal  code,  except  in  some  offences  against  white  females  and  in  the  measure  of 
punishment.  He  was  accorded  no  political  rights,  and  was  subjected  to  various 
political  disabilities.  He  has  been  admitted  to  testify  as  a  white  person.  It  ia 
not  known  that  he  has  received  any  political  enfranchisement. 

12.  If  it  be  urged  that  our  Union  element,  in   the   beginning,  through   weak 
ness  and  want  of  support,  succumbed  to*  rebellion  ;  that  even  now,  if  left  unsup 
ported  and  alone,  it  may  once  more  be  overborne ;  that  the  sharp  animosities  of 
the  war  do  not  entirely  subside  with  the  cessation  of  arms,  we  respectfully  sub 
mit  that  these  are  considerations  imperative  why  the  national  authority  should 
rally  to  us  and  sustain  our  effort  of  self-government  by  its  moral  influence,  and, 
if  need  be-,  by  the  assertion  of  its  physical  power. 

JOSEPH  S.  FOWLER. 
W.  B.  STOKES. 
HORACE  MAYNARD. 
FEBRUARY  1,  1S66. 


RECONSTRUCTION TENNESSEE.  1 05 


TESTIMONY. 


WASHINGTON,  January  25,  I860. 
Brevet  Major  General  Edward  Hatch  sworn  and  examined : 

By  Mr.  GRIMES  : 

Question.  Where  is  your  residence,  and  how  have  you  been  employed  for  the 
last  five  years  ? 

Answer.  My  residence  is  in  Muscatine,  Iowa  ;  prior  to  the  war  I  was  engaged 
in  the  lumber  business;  I  entered  the  military  service  of  the  United  States  in 
1S61,  and  have  been  through  the  various  grades  in  the  army  to  that  of  brevet 
major  general  of  volunteers. 

Question.  Have  you,  during  the  time  you  have  been  in  the  military  service 
of  the  United  States,  been  stationed  in  the  State  of  Tennessee,  or  been  con 
nected  with  the  military  operations  in  that  State  ? 

Answer.  Yes,  sir. 

Question.  Were  you  so  employed  during  any  portion  of  the  year  1865 ;  and 
if  so,  during  what  portion  of  that  year  ? 

Answer.  The  troops  under  my  command  were  on  the  confines  of  the  State  of 
Tennessee  the  first  of  the  year,  and  I  occupied  a  portion  of  West  Tennessee, 
having  command  of  a  division  of  cavalry  and  a  post.  During  September,  Octo 
ber,  and  November,  I  was  stationed  at  Kuoxville,  Tennessee,  as  chief  of  cavalry 
of  that  department. 

Question.  How  recently  have  you  been  in  Tennessee  1 

Answer.  I  left  in  December  last. 

Question.  During  the  time  you  were  in  that  State  were  you  much  among  the 
people  of  the  State;  and  do  you  regard  yourself  as  familiar  with  the  sentiments 
of  the  people  there  ? 

Answer.  Yes,  sir;  in  portions  of  the  State.  I  was  often  at  Nashville,  and 
also  in  other  parts  of  the  State  a  great  deal. 

Question.  What  conclusions  did  you  reach  as  to  the  sentiments  of  the  people 
of  that  State,  so  far  as  loyalty  to  the  federal  government  is  concerned  1 

Answer.  Leaving  the  people  of  East  Tennessee  out  of  consideration,  I  should 
think  that  the  people  of  the  balance  of  the  State  were  largely  opposed  to  the 
general  government ;  that  is,  that  there  was  no  good  feeling  toward  the  govern 
ment.  There  is  very  little  good  feeling  towards  the  United  States  government, 
except  in  East  Tennessee. 

Question.  You  regard  the  public  sentiment  in  East  Tennessee  as,  in  the  main, 
loyal  ? 

Answer.  Yes,  sir. 

Question.  And  do  I  understand  you  to  mean  that  in  Middle  and  West  Ten 
nessee  public  sentiment  is,  in  the  main,  disloyal  ? 

Answer.  Yes,  sir ;  West  Tennessee  I  consider  as  disloyal  as  Mississippi. 

Question.  Is  it  your  opinion  that  the  troops  of  the  United  States  could  safely 
be  withdrawn  from  any  portion  of  Tennessee  ? 

Answer.  Do  you  mean  with  safety  to  the  people  of  the  State  ? 

Question.  Yes,  safety  to  the  Union  people  of  the  State. 

Answer.  They  could  be  safely  withdrawn  from  East  Tennessee,  for  there  the 


1 OG  RECONSTRUCTION TENNESSEE. 

people  could  protect  themselves.  That  is  the  only  portion  of  the  State  from 
which  they  could  be  withdrawn  in  safety. 

Question.  What,  in  your  opinion,  would  be  the  condition  of  affairs  in  Middle 
and  West  Tennessee,  should  our  in  litary  force  be  withdrawn  from  those  por 
tions  of  the  State?. 

Answer.  The  loyal  portion  of  the  people  would  be  subject  to  certain  ostracism 
which  would  drive  them  out  of  the  country.  They  would  legislate  against  them 
in  every  way — at  least,  I  have  often  heard  them  openly  say  so. 

Question.  Do  I  understand  you  to  say  that  the  disloyal  people  there  say  that 
they  would  legislate  against  the  loyal  white  people  ? 

Answer.  Yes,  sir;  they  say  that  those  people  who  opposed  them  in  this  war 
shall  not  hold  office  there;  that  is,  that  they  will  not  vote  for  any  of  them,  and 
that  all  civil  offices  shall  be  held  by  their  own  men.  That  is  the  way  they  have 
always  talked  to  me. 

Question.  Is  anything  else  threatened  besides  depriving  them  of  office  ? 

Answer.  They  say  the  two  people  cannot  live  together.  There  is  no  more 
popular  man  in  West  Tennessee  to-day  than  the  late  rebel  General  Forrest. 
The  quartermaster  of  my  old  regiment  is  partner  with  Forrest  on  a  plantation ; 
he  said  he  took  the  plantation  because  Forrest  is  popular,  and  jvill  take  care  of 
him  and  his  interests. 

Question.  Is  this  feeling  of  hostility  towards  the  federal  government  in  Mid 
dle  and  West  Tennessee  quite  general  ? 

Answer.  I  think  it  is.  Perhaps  much  of  the  hostility  towards  the  govern 
ment  has  accrued  from  the  personal  animosities  of  the  people ;  they  have  been 
fighting  among  themselves  for  four  or  five  years,  and  now  have  an  intense  hatred 
for  each  other,  and  that  feeling,  I  think,  has  extended  to  the  government  in 
some  measure.  There  are  some  men  in  the  State — men  of  large  views  and  land 
holders—who  are  willing  to  accept  the  state  of  affairs  as  it  is,  and  to  do  almost 
anything  in  order  to  farm  their  lands ;  they  wish  to  retain  their  old  labor,  but 
they  constitute  a  very  small  portion  of  the  people. 

By  Mr.  GRIDER  : 

Question.  How  long  were  you  stationed  in  Tennessee  ? 

Answer.  I  had  troops  in  West  Tennessee,  and  was  at  Eastport,  just  on  the 
confines  of  the  State. 

Question.  On  the  border  of  Mississippi  ? 

Answer.  Yes,  sir;   I  was  at  that  post  from  January  unlil  July,  ISGo. 

Question.  State  whether  the  rest  of  your  intercourse  with  the  citizens  of  Ten 
nessee  was  not  of  a  rather  cursory  nature,  when  the  army  was  passing  from 
point  to  point. 

Answer.  No,  sir;  for  I  have  done  a  great  deal  of  business  for  them  and  been 
among  them  a  great  deal.  I  have  been  in  Tennessee  more  or  less  since  IS62. 

Question.  Did  you  know  Colonel  Hobson,  of  Kentucky,  a  very  young  man, 
who  was  with  the  army  at  Knoxville  ? 

Answer.  I  may  have  seen  him,  but  I  am  not  personally  acquainted  with  him. 

By  Mr.  GRIMES: 

Question.  I  understand  you  to  say  that  you  have  been  in  Tennessee  more  or 
less  for  the  last  three  or  four  years  ? 

Answer.  Yes,  sir;  since  1862. 

Question.  And  most  of  that  time  in  that  State? 

Answer.  Yes,  sir;  I  have  been  stationed  at  Memphis,  Lagrange,  Oollierville, 
and  Eastport.  I  was  stationed  at  Lagrange  in  the  summer  of  lbG3.  I  know 
West  arid  Middle  Tennessee  better  than  my  own  State;  that  is,  the  roads  and 
thoroughfares. 


RECONSTRUCTION TENNESSEE.  107 

Question.  While  travelling  about  in  Tennessee  were  you  always  known  as 
an  officer  of  the  federal  army  1 

Answer.  No,  sir. 

Question.  You  did  not  always  wear  the  insignia  of  your  office  and  rank  'I 

Answer.  No,  sir;  not  all  the  time. 

Question.  Were  communications  made  to  you  as  freely  when  you  wore  the 
insignia  of  your  office  as  when  you  did  not;  that  is,  communications  showing 
the  sentiments  entertained  by  the  people  towards  the  government  and  towards 
each  other  ? 

Answer.  No,  sir;  not  always.  Sometimes  people  would  speak  in  a  very 
braggadocio  way  towards  officers.  As  I  have  already  said,  men  of  large  views, 
those  who  understand  the  question  and  admit  the  state  of  affairs  as  it  is  now, 
those  men  are  willing  to  do  anything  to  sustain  the  government;  but  they  arc 
in  a  very  small  minority,  and  cannot  control  these  fellows.  There  is  every 
where  an  intense  hostility  towards  the  negro,  and  I  suppose  there  always  will 
be  in  that  State. 

Question.  What  is  the  condition  of  the  freedmen  in  the  State  of  Tennessee? 

Answer.  They  can  find  employment  now;  but  they  have  the  opposition  of 
the  poor  whites,  «r  of  the  men  who  own  very  little  property,  and  that  is  a  very 
intense  opposition. 

By  Mr.  GRIDER  : 

Question.  A  great  many  of  the  original  owners  of  the  slaves  desire  to  employ 
their  old  slaves  ? 

Answer.  Yes,  sir;  the  reasonable  men,  the  men  of  education,  understand  this 
question. 

By  Mr.  GRIMES: 

Question.  Is  there  any  public  sentiment  there  in  any  instance  to  prevent  the 
original  owners  from  employing  their  former  servants  ? 

Answer.  Where  the  original  owner  has  been  a  liberal,  good-hearted  man,  the 
negro  is  inclined  to  work  for  him  cheerfully;  but  if  he  has  been  a  severe  mas 
ter  they  are  afraid  of  him.  Some  of  the  negroes  have  the  idea  that  they  may 
be  run  off  further  south,  to  Mexico  or  Cuba,  into  slavery.  The  negro  has  strong 
local  attachments,  and  if  his  former  master  was  a  generous,  good  man,  his 
former  servants  will  work  for  him  cheaper  than  for  any  one  else.  But  there  are 
not  very  many  liberal  men;  they  worked  their  servants  very  hard  on  their 
plantations. 

Question.  What  is  the  general  condition  of  the  freedmen  in  Tennessee,  so  far 
as  your  observation  extends  ? 

Answer.  The  negro  is  perfectly  willing  to  work,  but  he  wants  a  guarantee 
that  he  will  be  secured  in  his  rights  under  his  contract.  I  have  always  found 
them  willing  to  work,  since  the  close  of  the  war,  at  any  rate ;  but  they  want 
their  contracts  guaranteed  to  them.  They  desire  to  have  the  government  guar 
antee  them  for  them,  and  take  care  of  them  in  that  way.  They  are  willing  to 
work.  But  the  negro  knows  that  without  his  rights  are  secured,  and  his  life 
and  property  secured,  he  is  not  safe  from  the  poor  whites.  He  understands 
their  antipathies  towards  him  as  well  as  any  one  does. 

We  have  always  issued  less  rations  to  the  negroes  there  than  we  have  to  the 
poor  whites.  We  did  not  issue  one-tenth  the  rations  to  the  negroes  that  we  did 
to  the  poor  whites. 

The  men  there  who  dislike  the  present  state  of  things  do  not  like  to  give  up 
the  negro  They  think  that  by  some  kind  of  legislation  they  can  establish  a 
kind  of  peonage;  not  absolute  slavery,  but  that  they  can  enact  such  laws  as 
will  enable  them  to  manage  the  negro  as  they  please — to  fix  the  prices  to  be  paid 


108  RECONSTRUCTION  —TENNESSEE. 

for  Lis  labor.  That  is  a  very  general  idea  among  that  class  of  men.  But  those 
men  of  broad  views  who  know  that  labor  will  find  its  level,  are  in  favor  of 
hiring  the  negro  and  paying  him  fairly.  But  they  are  in  the  minority. 

Question.  Do  you  know  anything  about  the  security  of  the  negro's  life  in 
Tennessee  ? 

Answer.  You  cannot  call  his  life  secure  there.  They  are  liable  to  be  shot  by 
the  poor  whites ;  and  no  doubt  it  is  done  every  day. 

Question.  What  do  you  mean  by  "  poor  whites  1" 

Answer.  Men  on  both  sides  who  have  been  in  the  army  and  are  not  willing 
to  work,  and  wish  to  get  along  the  best  way  they  can. 

By  Mr.  GRIDER: 

Question.  Did  you  or  not  find  among  the  servants  a  great  disposition  to  ag 
gregate  together,  a  desire  to  work  together,  and  a  dislike  to  being  separated  1 

Answer.  Yes,  sir;  as  I  said  before,  the  local  attachment  of  the  negro  is  great. 
I  think  the  negro  is  anxious  to  accumulate  property.  I  think,  that  the  people 
down  there*  are  mistaken  in  supposing  that  the  negro  does  not  desire  to  accu 
mulate  property.  In  my  opinion  the  negro  does  not  desire  governing  ;  he  wants 
to  be  acknowledged  as  a  part  of  the  population.  Say  to  him  what  his  labor  is 
really  worth  and  pay  him  for  it,  and  you  will  have  no  trouble  with  him. 

By  Mr.  GRIMES: 

Question.  They  need  government  for  their  protection  ? 
Answer.  Yes,  sir. 

WASHINGTON,  January  29,  1866. 

Major  General  George  H.  Thomas  sworn  and  examined. 
By  Mr.  GRIMES: 

Question.  Where  are  you  stationed  at  present,  and  what  are  the  duties  which 
you  now  have  to  perform  ? 

Answer.  I  am  in  command  of  the  military  division  of  the  Tennessee ;  my 
headquarters  are  at  Nashville,  Tennessee. 

Question.  Of  how  many  States  is  your  division  composed  ? 

Answer.  The  division  is  composed  of  the  States  of  Kentucky,  Tennessee, 
Georgia,  Alabama,  and  Mississippi. 

Question.  How  many  troops  are  now  under  your  command  in  the  State  of 
Tennessee  1 

Answer.  I  cannot  state  precisely,  but  I  think  about  six  thousand ;  princi 
pally  required  to  take  care  of  public  property. 

Question.  Where  are  they  stationed  for  the  most  part  ? 

Answer.  At  Nashville,  Chattanooga,  and  Memphis. 

Question.  So  far  as  your  knowledge  and  observation  extend,  what  is  the 
condition  of  the  popular  sentiment  in  the  State  of  Tennessee,  so  far  as  it  relates 
to  the  federal  government  and  the  rights  of  the  Union  people,  and  of  the  freed- 
men  ? 

Answer.  I  have  studied  the  condition  of  affairs  in  Tennessee  pretty  carefully, 
and  have  had  practical  demonstration  of  the  condition  of  affairs  there ;  having, 
in  addition  to  the  information  I  have  derived  from  personal  observation,  such 
information  as  I  have  received  from  other  sources.  The  Union  sentiment  in 
Tennessee,  of  course,  has  been  sufficient  to  place  the  State  in  its  present  favor 
able  condition  towards  the  government,  and,  if  protected  and  encouraged  by  the 
presence  ot  a  small  Union  force,  it  will  gain  the  complete  ascendency  in  the 
State  in  the  course  of  a  year  or  two.  I  do  not  think  it  would  be  safe,  at  this 
time  to  remove  the  national  troops  from  Tennessee,  or  to  withdraw  martial  law, 
or  to  restore  the  writ  of  habeas  corpus  to  its  full  extent. 


RECONSTRUCTION TENNESSEE.  1 09 

Question.  What  is  the  condition  of  East  Tennessee,  as  compared  with  that 
of  Middle  and  West  Tennessee  ? 

Answer.  East  Tennessee  is  perfectly  safe,  because  the  Union  element  pre 
dominates  there  very  largely.  Middle  Tennessee  is  disturbed  by  personal  ani 
mosities  and  hatreds,  much  more  than  it  is  by  the  disloyalty  of  persons  towards 
the  government  of  the  United  States.  Those  personal  animosities  would  break 
out  and  overawe  the  civil  authorities,  but  for  the  presence  there  of  the  troops  of 
the  United  States.  In  West  Tennessee  these  personal  animosities  exist  even 
more  strongly  than  they  do  in  Middle  Tennessee,  and  there  is  less  loyalty  in 
West  Tennessee  than  there  is  in  Middle  Tennessee.  But  the  people  of  Ten 
nessee  desire  very  much,  it  is  their  strongest  desire,  to  be  back  in  the  govern 
ment  of  the  United  States.  Still,  while  they  wish  to  enjoy  the  rights  of  citizen 
ship,  they  are  not  friendly  towards  Union  men,  particularly  men  from  Tennessee 
who  have  been  in  the  Union  army.  They  are  more  unfriendly  to  Union  men, 
natives  of  the  State  of  Tennessee,  or  of  the  south,  who  have  been  in  the  Union 
army,  than  they  are  to  men  of  northern  birth. 

Question.  What  is  the  condition  of  the  Union  people  in  West  Tennessee  ? 

Answer.  The  Union  people  of  West  Tennessee  are  in  a  minority ;  but  public 
sentiment  there  is  gradually  approaching  a  good  loyal  standard. 

Question.  Do  you  think  there  is  an  improvement  going  on  generally  in  the 
sentiment  of  the  State  ] 

Answer.  Yes,  sir.  I  can  probably  express  my  idea  better  in  this  way :  I 
think  the  people  of  Tennessee  will  go  on  improving  in  their  Union  sentiment, 
provided  they  are  prevented  from  running  to  extremes  against  their  personal 
enemies  in  the  Union  ranks,  and  the  presence  of  troops  there  is  necessary  sim 
ply  to  prevent  them  from  committing  excesses  and  being  led  astray  in  their  pri 
vate  animosities. 

Question.  You  believe,  then,  that  it  would  be  dangerous  either  to  remove  the 
national  troops,  or  to  restore  the  writ  of  habeas  corpus,  or  to  abolish  martial  law 
in  Tennessee  ? 

Answer.  I  do,  for  the  present. 

Question.  What  is  the  condition  of  the  freedmen  in  Tennessee  ? 

Answer.  The  condition  of  the  freedmen  in  Tennessee  is  very  favorable  at  this 
time.  A  very  greo,t  improvement  has  taken  place  in  their  condition  ;  and  if  the 
affairs  of  the  Freedmen's  Bureau  can  be  administered  for  another  year  in  the 
way  they  have  been  administered  for  the  last  six  months,  mutual  confidence 
would  be  restored  between  the  whites  and  the  blacks;  and  I  am  very  much  in 
hopes  that  the  freedmen  could  then  be  left  to  the  protection  of  the  civil  authori 
ties  of  the  State. 

Question.  Then  the  administration  of  the  Freedmen's  Bureau  has  met  with 
your  approval  ? 

Answer.  Yes,  sir. 

Question.  Under  General  Fisk  1 

Answer.  Yes,  sir. 

Question.  Do  the  freedmen  generally  find  employment  in  Tennessee  ? 

Answer.  I  do  not  know  of  any  difficulty  in  their  finding  employment. 

Question.  And  at  fair  wages  ? 

Answer  Yes,  sir;  and  there  is  a  general  understanding  among  the  negroes 
and  among  the  whites  that  each  is  to  comply  with  his  part  of  the  contract,  so 
that  there  is  no  difficulty  and  no  dissatisfaction. 

Question.  Has  General  Fisk  the  charge  of  the  freedmen  in  the  whole  of  the 
State  of  Tennessee  1 

Answer.  Yes,  sir;  and  he  has  charge  of  the  freedmen  in  the  State  of  Ken 
tucky,  in  addition. 


110  RECONSTRUCTION TENNESSEE. 

By  Mr.  GRIDKR: 

Question.  You  say  you  believe  that  there  is  a  gradual  improvement  going  on 
in  Tennessee  as  to  loyalty  ? 

Answer.  Yes,  sir. 

Question.  Will  you  give  your  opinion  as  to  whether  the  admission  into  Con 
gress  of  the  representatives  from  Tennessee  would  tend  to  encourage  the  loyal 
people  of  Tennessee,  and  strengthen  the  feeling  of  loyalty  in  that  State  ? 

Answer.  1  think  it  would  very  much.  It  would  not  only  encourage  the  loyal 
people  to  exert  themselves,  but  it  would  encourage  the  rebels  to  return  to  their 
loyalty,  because  they  would  see  that  their  chances  and  hopes  for  another  out 
break  were  passing  away  from  them.  If  you  will  permit  me  to  give  additional 
reasons  why  I  think  the  delegation  from  Tennessee  should  be  admitted  I  will 
do  so. 

Question.  Certainly;  state  any  reasons  you  may  desire  to  state. 

Answer.  I  think  the  delegation  from  the  State  of  Tennessee  should  be  ad 
mitted  into  Congress  for  the  reason  that  that  State,  of  her  own  accord,  has  corn- 
plied  with  every  instruction  of  the  President,  and  has  done  all  that  it  was  be 
lieved  it  would  be  necessary  for  her  to  do  in  order  to  gain  admission  into  Con 
gress.  All  that  they  have  done  of  their  own  accord  in  Tennessee.  They  have 
repudiated  the  rebel  debt ;  they  have  abolished  slavery,  and  also  adopted  the 
constitutional  amendment  upon  that  subject;  they  have  passed  a  franchise  law 
prohibiting  from  voting  every  man  who  has  been  engaged  in  the  rebellion ;  and 
I  believe  they  have  now  passed  a  bill  giving  the  negro  the  right  to  testify  in  the 
courts;  and  all  the  members  elected  to  Congress  can  take  the  test  oath,  both 
senators  and  representatives  ;  and  if  their  representatives  shall  be  admitted  into 
Congress  it  will  be  a  precedent  for  all  the  southern  States ;  they  can  see  at  once 
the  reasons  why  the  Tennessee  members  are  admitted,  and  that  if  they  expect 
their  members  to  be  admitted  they  must  do  as  she  has  done. 

By  Mr.  GRIMES: 

Question.  You  have  answered  the  inquiry  of  Mr.  Grider  in  regard  to  the 
propriety  of  admitting  into  Congress  the  delegation  from  Tennessee;  state,  if 
you  please,  whether,  if  her  delegation  should  be  admitted  into  Congress,  it 
would  be  safe  for  martial  law  to  be  then  abrogated  in  the  State  of  Tennessee. 

Answer.  I  would  not  abrogate  it  just  yet. 

Question.  Would  you  recommend  the  abolition  of  the  Freedmen's  Bureau 
in  that  State  ? 

Answer.  Not  yet. 

Question.  Even  if  the  Tennessee  delegation  should  be  admitted  into  Congress  f 

Answer.  No,  sir;  I  would  admit  the  delegation  from  Tennessee  simply  to 
encourage  the  people  of  Tennessee  to  return  to  their  loyalty,  and  also  as  an 
example  ibj-  the  othor  southern  States,  because  you  have  it  in  your  power  to  show 
them  plainly  and  clearly  why  they  are  admitted  at  on^e  and  the  rest  are  not ; 
that  is,  because  none  of  the  other  States  have  complied  with  the  same  conditions 
that  the  people  of  Tennessee  have  complied  with. 

Question.  You  also  stated  as  a  reason  why,  in  your  opinion,  the  State  of 
Tennessee  ought  to  be  represented  in  Congress,  that,  in  case  that  was  done,  the 
rebel  people  there  would  abandon  their  hopes  of  another  outbreak.  Have  you 
any  reason  to  believe  that  they  still  entertain  the  opinion,  or  that  any  conside 
rable  portion  of  them  do,  that  there  may  be  another  outbreak? 

Answer.  I  have  received  communications  from  various  persons  in  the  south 
that  thore  was  an  understanding  among  the  rebels,  and  perhaps  organizations 
formed  or  forming,  for  the  purpose,  of  gaining  as  many  advantages  for  themselves 
as  possible;  and  I  have  heard  it  also  intimated  that  these  men  are  very  anxious 


RECONSTRUCTION TENNESSEE.  Ill 

and  would  do  all  in  their  power  to  involve  the  United  States  in  a  foreign  war, 
so  that,  if  a  favorable  opportunity  should  offer,  they  might  turn  against  the 
government  of  the  United  States  again.  I  do  not  think  they  will  ever  again 
attempt  an  outbreak  on  their  own  account,  because  they  all  admit  that  they 
had  a  fair  trial  in  the  late  rebellion  and  got  thoroughly  worsted.  There  is  no 
doubt  but  what  there  is  a  universal  disposition  among  the  rebels  in  the  south 
to  embarrass  the  government  in  its  administration,  if  they  can,  so  as  to  gain  as 
many  advantages  for  themselves  as  possible. 

Question.  In  what  could  those  advantages  consist,  in  breaking  up  the  gov 
ernment? 

Answer.  They  wish  to  be  recognized  as  citizens  of  the  United  States,  with 
the  same  rights  that  they  had  before  the  war. 

Question.  How  can  they  do  that — by  involving  us  in  a  war  with  England  or 
France,' in  which  they  would  take  part  against  us? 

Answer.  In  that  event  their  desire  is  to  re-establish  the  southern  confederacy. 
They  have  not  yet  given  up  their  desire  for  a  separate  government,  and  if  they 
have  an  opportunity  to  strike  for  it  again  they  will  do  so. 

Question.  Does  the  intelligence  in  regard  to  these  organizations  reach  you 
from  such  authentic  sources  as  to  command  your  belief  of  their  existence? 

Answer.  Yes,  sir;  it  comes  from  very  1-eliable  men. 

Question.  What  is  the  industrial  condition  of  the  people  of  Tennessee  ?  Are 
they  taking  steps  to  put  in  crops  and  employ  such  labor  as  is  within  their  reach  ? 

Answer.  The  industrial  condition  of  the  State  has  improved  so  much  that  by 
the  end  of  this  year  I  think  the  people  will  be  more  interested  in  their  private 
operations  and  pursuits  than  they  will  in  political  affairs,  and  be  very  much 
quieted  down.  They  are  very  much  encouraged  now,  and  almost  every  plan 
tation  in  the  State  is  being  put  in  operation  again.  The  Union  people  of  Ten 
nessee,  particularly,  wish  to  be  quiet. 

Question.  How  about  the  rebels  ? 

Answer.  A  great  many  of  the  rebels  are  going  to  work,  quietly, -to  cultivate 
their  farms.  A  great  many  of  them  say  that  they  failed  in  their  attempt  to 
gain  their  independence  of  the  United  States,  and  that  they  now  wish  to  be 
quiet  citizens  of  the  country,  and  are  going  to  turn  their  attention  to  farming 
again. 

GEO.  H.  THOMAS, 
Major  General  United  States  Army. 


WASHINGTON,  January  30,  1866. 

Brevet  Major  General  Clinton  B.  Fisk  sworn  and  examined. 
By  Mr.  GRIMES  : 

Question.  What  is  your  present  rank,  and  what  is  the  duty  you  now  have  to 
perform  ? 

Answer.  I  am  brevet  major  general  of  the  United  States  volunteers  and 
assistant  commissioner  of  the  Bureau  of  Freedmen,  Refugees,  and  Abandoned 
Lands,  for  the  States  of  Kentucky  and  Tennessee. 

Question.  How  long  have  you  been  employed  in  that  capacity? 

Answer.  About  eight  months. 

Question.  How  many  freed  men  have  you  under  your  charge  ? 

Answer.  About  500,000,  according  to  census  of  1860.  During  the  greater 
portion  of  the  eight  months  I  have  been  assistant  commissioner,  northern  Ala 
bama  has  been  attached  to  my  district. 


112  RECONSTRUCTION — TENNESSEE. 

Question.  You  have  about  half  a  million  of  freedmen  under  your  charge  now? 

Answer.  Yes,  sir;  for  the  two  States  of  Kentucky  and  Tennessee. 

Question.  What  is  the  condition  of  those  freedmen,  especially  in. the  State  of 
Tennessee  ? 

Answer.  The  great  mass  of  the  freedmen  in  the  State  of  Tennessee  are  in 
what  might  be  called  a  good  condition,  and  they  are  constantly  improving  in 
their  condition,  both  as  to  industry  and  elevation.  They  need  the  protection  of 
the  government  very  much  in  the  State  of  Tennessee. 

Question.  Why  do  they  need  it? 

Answer.  On  account  of  the  opposition  of  the  people  to  freedmen  and  justice 
to  the  negro. 

Question.  Is  that  sentiment  of  opposition  to  the  freedmen  general  through  the 
State? 

Answer.  It  is  not. 

Question.  To  what  parts  of  the  State,  or  what  classes  of  people,  is  it  confined  ? 

Answer.  Tennessee  is  peculiar.  In  no  other  State  do  you  find  the  same  sort 
of  opposition  as  in  Tennessee.  My  duties,  within  the  last  eight  months,  have 
called  me  through  the  five  States  of  Kentucky,  Tennessee,  Alabama,  Georgia, 
and  Mississippi.  I  made  an  inspection  tour  through  the  three  States  below 
Tennessee,  in  addition  to  my  own  regular  duties.  It  is  a  melancholy  fact  that 
among  the  bitterest  opponents  of  the  negro  in  Tennessee  are  the  intensely  rad 
ical  loyalists  of  the  mountain  district — the  men  who  have  been  in  our  armies. 
Take  East  Tennessee,  for  instance.  The  great  opposition  to  the  measure  in  the 
Tennessee  legislature,  giving  the  negro  the  right  to  testify  and  an  equality  be 
fore  the  law,  has  come  from  that  section,  chiefly.  In  Middle  Tennessee  and  in 
West  Tennessee  the  largest  and  the  wealthiest  planters  of  the  old  slaveholding 
population  have  more  cordially  co-operated  with  me  in  my  duties  than  the 
people  of  East  Tennessee. 

Question.  In  what  way  does  their  opposition  manifest  itself? 

Answer.  In  a  desire  that  he  should  be  entirely  removed  from  the  State;  op 
posing  his  education,  and  right  to  justice  before  the  law. 

Question.  Do  the  freedmen  manifest  a  disposition  to  be  industrious  and  se 
cure  a  livelihood  for  themselves  ? 

Answer.  They  do,  and  to  elevate  themselves.  They  literally  hunger  and 
thirst  for  knowledge. 

Question.  What  proportion  of  them  are  able  to  find  employment  ? 

Answer.  All  of  them  in  Tennessee  who  can  do  any  work.  I  could  furnish 
employers  for  25,000  more  laborers  from  my  district  than  I  have,  such  is  the 
demand  for  labor  in  the  valley  of  the  Mississippi.  During  the  first  twenty  days 
of  this  month  we  made  contracts  at  the  Memphis  agency  of  the  Freedmen's  Bu 
reau  covering  7,280  persons,  and  at  good  remunerative  wages. 

Question.  Do  the  freedmen  recognize  you  and  your  bureau  as  a  means  of 
protection  to  them  ? 

Answer.  They  do. 

Question.  And  they  have  confidence  in  your  administration  of  the  bureau  ? 

Answer.  They  appear  to  have  the  fullest  confidence,  as  also  in  the  military 
administration  of  that  division.  The  Freedmen's  Bureau  has  received  the  most 
hearty  and  cordial  co-operation  of  General  Thomas,  the  commandant  of  that 
division.  The  freedman  has  no  better  friend  in  the  country  than  Major  General 
George  II.  Thomas. 

I  do  not  want  to  be  understood  as  saying  that  in  Middle  and  West  Tennes 
see  there  is  no  opposition  to  the  freedmen,  for  there  is.  There  are  slaveholders 
and  returned  rebel  soldiers  there  who  persecute  them  bitterly,  and  pursue  them 
with  vengeance,  and  treat  them  with  brutality,  and  burn  down  their  dwellings 
and  school-houses.  But  it  is  not  the  rule ;  such  conduct  is  exceptional.  It 


RECONSTRUCTION TENNESSEE.  113 

may  not  be  best  for  me  to  speak  of  Kentucky  in  this  connexion.  But  contrast 
ing  the  two  States,  I  can  say  that  the  freedmen  in  Tennessee  are  treated  with 
more  favor  than  they  are  in  Kentucky.  There  is  more  brutality  to  negroes,  and 
more  wicked,  malicious  persecution  of  loyalists  in  the  State  of  Kentucky  to-day 
than  in  the  State  of  Tennessee.  1  have  travelled  over  both  States  and  ob 
served  carefully.  I  have  travelled  incog  in  portions  of  those  States  I  have 
mentioned,  going  as  a  Missourian,  talking  with  the  people  on  their  plantations, 
and  the  negroes  in  their  quarters,  reaching  the  real  sentiment  of  the  people  in 
that  way.  The  opposition  to  the  freedmen  in  Kentucky,  in  many  localities,  is 
very  great — in  fact,  to  freedom  itself. 

Question.  How  large  is  the  pecuniary  support  that  you  are  obliged  to  extend 
to  the  freedmen  in  Tennessee  ? 

Answer.  I  am  not  to-day  issuing  a  single  ration  to  freedmen  in  Tennessee, 
except  to  about  one  hundred  orphan  children,  and  thirty  old  people  at  Memphis, 
and  about  sixty  orphan  children  and  twenty-five  old  people  at  Nashville — that 
is  all. 

Question.  Do  you  issue  rations  to  white  people  in  Tennessee  ? 

Answer.  During  the  last  year  the  rations  issued  to  white  people  in  Tennessee 
have  been  much  in  excess  of  those  issued  to  freedmen.  When  I  took  charge  of 
my  district  the  government  was  feeding  25-000  people;  in  round  numbers,  about 
17,500  white  persons,  and  7,500  black.  The  month  preceding  the  establish 
ment  of  the  Freedmen's  Bureau,  for  rations  alone  for  that  class  of  people,  the 
sum  of  $97,000.  My  first  efforts  were  to  reduce  the  number  of  these  beneficia 
ries  of  the  government ;  to  withhold  the  rations,  and  make  the  people  self-sup 
porting  as  far  as  possible;  and  in  the  course  of  four  months,  I  reduced  the 
monthly  expenses  from  $97,000  to  $5,000  ;  paving  within  that  time,  on  subsist 
ence,  ten  times  as  much  money  as  the  whole  Freedmen's  Bureau  cost  in  the  en 
tire  district,  including  all  salaries  paid  to  officers  and  agents  for  the  government. 

Question.  Is  the  military  support  of  the  government  required  now  in  the  State 
of  Tennessee  in  aid  of  your  bureau? 

Answer.  It  is. 

Question.  Do  you  believe  the  affairs  of  the  bureau  could  be  safely  adminis 
tered  there  without  the  military  support  of  the  government  ? 

Answer.  I  do  not.  My  subordinates  are  chiefly  civilians.  I  select  the  best 
man  for  the  position  I  can  find  in  a  county.  For  instance,  I  select  the  county 
judge  at  the  county-seat,  and  give  him  the  agency  of  the  Freedmen's  Bureau 
in  that  county,  and  under  our  regulations  and  instructions  he  administers  our 
affairs.  If  he  needs  it,  he  requests  any  district  or  post  commandant  to  give  him 
assistance,  and  he  gets  it. 

Question.  Are  they  frequently  compelled  to  require  such  aid  and  assistance  ? 

Answer.  They  are. 

Question.  And  you  do  not  think  that  at  this  time  the  military  could  be  safely 
withdrawn  from  Tennessee  ? 

Answer.  I  do  not. 

Question.  Do  you  think  that  martial  law  could  be  safely  abolished  there  at 
this  time  1 

Answer.  I  do  not. 

Question.  Do  you  think  it  would  be  safe  at  this  time  to  restore  the  writ  of 
habeas  corpus  there  ? 

Answer.  I  do  not. 

Question.  What  is  the  general  sentiment  of  the  white  population  in  the  State 
of  Tennessee  at  this  time  in  respect  to  loyalty  to  the  federal  Union  1 

Answer.  I  should  think  that  the  majority  of  the  people  of  Tennessee,  count 
ing  them  right  through,  are  opposed  to  the  government.  I  think  the  vote  at 
8  T 


114  RECONSTRUCTION TENNESSEE- 

the  polls  to-day,  if  every  man  were  allowed  to  vote  as  he  pleased  and  according 
to  his  own  judgment,  would  show  a  majority  against  the  general  government. 

Question.  Is  there  any  difference  in  that  respect  in  different  parts  of  the 
State? 

Answer.  Yes,  sir  ;  there  is  more  loyalty  in  East  Tennessee  than  in  any  other 
portion  of  the  State,  and  there  is  more  in  Middle  Tennessee  than  there  is  in 
West  Tennessee. 

Question.   Is  there  now  safety  to  the  Union  people  of  the  State  of  Tennessee] 

Answer'  But  little  opposition  to  the  Union  people  has  come  within  my  ob 
servation.  A  large  delegation  of  the  citizens  of  Memphis  waited  on  me  not 
long  ago  and  stated  that  they  were  cruelly  oppressed  by  the  rebel  element  of 
the  population  in  that  section,  and  that  they  feared  the  military  protection  was 
to  be  withdrawn  from  the  State ;  and  they  stated  to  me  that  if  the  military  was 
withdrawn,  those  persons  in  most  portions  of  West  Tennessee  who  had  been 
early  and  consistent  friends  of  the  government,  and  loyal  to  it,  would  be  com 
pelled  to  withdraw  with  the  military.  That  was  their  opinion  as  expressed  to 
me. 

Question.  Is  it  your  belief  that  within  two  or  three  years  there  will  be  a 
mutual  understanding  arrived  at  between  the  white  and  colored  populations  of 
Tennessee,  so  that  the  Freedmen's  Bureau  could  be  dispensed  with  ? 

Answer.  Yes,  sir ;  I  believe  that  with  the  enactment  of  just  laws,  laws  se 
curing  impartial  justice  to  all  men,  and  their  enforcement  in  that  State  by  the 
civil  authorities,  it  would  not  take  that  length  of  time  to  properly  adjust  the 
new  relations. 

By  Mr.  GRIDER  : 

Question.  Where  are  your  headquarters  ? 

Answer.  At  Nashville,  Tennessee. 

Question.  How  long  have  you  been  in  Kentucky  ?  Have  you  been  at 
Frankfort  lately  ? 

Answer.  Yes,  sir.  I  have  been  in  Kentucky  the  most  of  the  time  for  the 
last  six  weeks.  I  was  there  often  during  the  summer  months  and  made  toura 
through  the  State. 

Question.  When  you  speak  of  the  vote  of  the  majority  of  the  people  of  Ten 
nessee  being  in  opposition  to  the  general  government,  do  you  mean  that  the 
majority  would  vote  to  overthrow  the  government,  or  do  you  mean  that  they 
are  opposed  to  the  present  policy  of  the  government? 

Answer.  I  mean  this — that  I  believe  a  majority  of  the  people  of  Tennessee 
to-day  would  prefer  that  the  rebellion  should  have  been  a  success ;  that  is  my 
meaning. 

Question.  Is  there,  or  not,  an  increasing  loyalty — a  disposition  gradually 
growing  up  to  take  position  under  the  federal  government  and  do  their  duty] 

Answer.  I  will  tell  you  just  what  my  observation  in  that  particular  has 
been.  When  I  went  to  that  district  in  June  last  there  seemed  to  be  a  general 
disposition  on  the  part  of  the  majority  of  the  people  to  cordially  support  the 
government — to  return  to  industrial  pursuits,  and  to  let  bygones  be  bygones, 
In  the  course  of  three  or  four  months  there  seemed  to  be  an  increase  of  disaffec 
tion  ;  I  heard  more  of  complaint  against  the  government,  more  expressions  of 
regret  that  the  rebellion  had  failed,  more  open  and  unjust  criticisms  of  the  gov 
ernment  ;  then  again  that  spirit  subsided,  and  I  believe  the  feeling  to-day  in 
Tennessee  is  growing  better. 

Question.  As  the  legislature  of  Tennessee  has  adopted  the  principal  measures, 
if  not  all  of  the  measures,  recommended  by  the  President  of  the  United  States,  and 


RECONSTRUCTION TENNESSEE.  115 

they  have  elected  members  of  Congress,  will  you  state  whether  or  not  you  be 
lieve  their  admission  into  seats  in  Congress  would  tend  to  encourage  and  increase 
the  spirit  of  loyalty  in  Tennessee,  and  of  attachment  to  the  general  government  ? 
Answer.  My  own  opinion  about  that  is  this  :  The  State  of  Tennessee  occu 
pies  altogether  a  different  position  from  that  of  any  State  below.  In  the  first 
place,  Tennessee  abolished  slavery  by  her  own  actions  ;  she  elected  a  governor 
by  the  people;  she  repudiated  the  rebel  debt;  she  ratified  the  constitutional 
amendment  abolishing  slavery,  and  did  all  that  without  Executive  indication  or 
inauguration.  Tennessee  furnished  thousands  for  the  defence  of  the  Union. 
All  this  is  to  her  advantage;  and  were  I  a  member  of  the  Senate  or  House  of  Rep 
resentatives  of  Congress  I  would  vote  most  cheerfully  to  admit  the  delegation 
from  Tennessee,  believing  that  in  so  doing  I  would  be  taking  a  step  that  would 
increase  the  loyal  sentiment  of  the  State,  and  which  would  promote  the  tran 
quillity  and  prosperity  of  the  State.  I  speak  now  of  Tennessee. 

By  Mr.  GRIMES  : 

Question.  You  discriminate  between  Tennessee  and  the  more  southern  States  ? 
Answer.  I  do. 


WASHINGTON,  February  2,  1866. 
David  T.  Patterson  sworn  and  examined. 

By  Mr.  GRIMES  : 

Question.  Where  do  you  reside  1 

Answer.  I  reside  in  Greeneville,  Greene  county,  East  Tennessee. 

Question.  State,  if  you  please,  so  far  as  you  may  know,  the  condition  of  the 
public  sentiment  in  Tennessee  so  far  as  regards  the  whole  of  the  State,  as  well 
as  the  different  sections  of  it ;  the  condition  of  the  Union  people  and  the  freed- 
men  in  those  different  sections  ;  and  what  you  know  in  regard  to  the  changed 
condition  of  the  industrial  pursuits  of  the  freedmen. 

Answer.  I  can  speak  from  my  own  personal  knowledge  of  the  condition,  of. 
the  loyal  people  of  East  Tennessee.  In  regard  to  the  condition  of  loyal  people 
in  Middle  and  in  Western  Tennessee,  I  can  only  speak  from  information  derived 
from  correspondence  and  conversations  with  people  who  live  there.  In  East 
ern  Tennessee  the  loyal  people  have  an  overwhelming  majority  ;  they  are  the 
dominant  party  now.  But  during  the  war  they  were  subjected  to  the  bitterest 
persecution  ;  they  were  driven  from  their  homes  ;  they  were  conscripted  and 
sent  into  the  rebel  armies  ;  they  were  persecuted  like  wild  beasts  by  the  rebel 
authorities,  and  hunted  down  in  the  mountains ;  they  were  hanged  on  the  gallows, 
shot  down  and  robbed  ;  every  imaginable  wrong  was  inflicted  upon  them.  From 
20,000  to  25,000  loyal  men  of  East  Tennessee  left  their  homes,  went  through 
the  mountains  into  Kentucky,  there  joined  the  federal  forces,  and  fought  their 
way  back  home  under  General  Burnside  in  1863.  Perhaps  no  people  on  the 
face  of  the  earth  were  ever  more  persecuted  than  were  the  loyal  people  of  East 
Tennessee  in  1862  and  1863 ;  the  persecution  commenced  just  after  the  burn 
ing  of  bridges  in  1861.  The  first  conscript  law  passed  by  the  rebel  congress, 
I  believe,  was  passed  in  April,  1862,  and  as  soon  as  they  got  their  machinery 
at  work  they  commenced  attempting  to  conscript  the  Union  men  of  East  Ten 
nessee.  As  soon  as  they  organized  their  bureaus  of  conscription  and  appointed 
their  enrolling  officers,  a  great  many  Union  men  in  East  Tennessee  escaped 
from  the  country,  while  others  concealed  themselves  in  the  mountains  and  in 
houses. 

At  the  June  election  in  1861,  on  the  question  of  separation  from  the  Union 
and  representation  in  the  rebel  congress,  we  had  in  East  Tennessee  a  majority 
of  about  20,000  against  those  issues.  Both  questions  were  presented  together. 


116  EECONSTRUCTION — TENNESSEE. 

Those  who  opposed  them  voted  " no  separation,"  "no  representation ;"  those 
who  were  in  favor  voted  "  separation, "  "representation." 

Upon  the  occupation  of  East  Tennessee  by  General  Burnside.  in  September, 
1863,  the  rebels  themselves,  those  who  had  made  themselves  obnoxious,  fled 
from  East  Tennessee,  and  but  few  have  returned.  We  have  now  but  few  rebels 
in  East  Tennessee.  The  Union  men,  when  they  were  enabled  to  return,  were 
not  very  amiable,  and  they  resorted  to  retaliation,  and  executed  a  great  many 
rebels — paid  them  back  in  the  some  sort  of  coin  they  had  received  at  their  hands. 
The  Union  men  were  guilty  of  a  great  many  excesses,  and  can  only  be  excused 
upon  the  ground  that  they  had  themselves  been  made  to  suffer  terribly  by  those 
rebels. 

Really,  so  far  as  East  Tennessee  is  concerned,  we.  have  now  very  few  rebels 
there.  We  have  nothing  to  fear  from  rebel  votes  or  from  rebel  influence  in  my 
section  of  the  State.  I  doubt  very  much  whether  there  are  more  than  three 
counties  in  Eastern  Tennessee  where  a  rebel  would  present  himself  for  any 
office  of  any  character.  East  Tennessee  can  take  care  of  itself.  The  trouble  is 
in  Middle  Tennessee  and  in  Western  Tennessee. 

Question.  In  West  Tennessee,  especially  ? 

Answer.  I  suppose  there  is  more  disloyalty  there ;  but  I  know  but  little 
about  public  sentiment  there.  All  the  information  1  have  I  obtain  from  corre 
spondence  and  conversation  with  gentlemen  living  in  that  section  of  the  State. 
I  have  been  in  Tennessee  but  little  since  the  capitulation  of  General  Lee  and 
the  surrender  of  the  rebel  armies.  Since  last  July  I  have  been  here. 

So  far  as  the  Freedmen's  Bureau  is  concerned,  I  know  very  little  of  its  prac 
tical  operation  in  East  Tennessee.  We  have  very  few  freedmen  there.  In  fact, 
I  know  nothing  of  the  practical  operation  of  the  bureau  in  any  part  of  the 
State.  And  in  East  Tennessee,  before  the  war,  slavery  existed  in  its  mildest 
form. 

Question.  What  is  your  opinion  in  regard  to  the  propriety  of  admitting  into 
Congress  the  delegation  from  Tennessee  at  this  time  ? 

Answer.  Situated  as  I  am,  it  is  very  natural  I  should  entertain  the  opinions 
I  do  upon  that  subject.  I  really  think  it  would  be  advantageous  to  the  loyal 
sentiment  of  Tennessee  to  be  represented  in  Congress.  I  think  the  moral 
influence  of  a  representation  in  Congress  would  do  us  good  at  home. 

It  is  very  difficult  to  judge  of  men's  motives  and  their  real  sentiments;  but 
those  who  were  rebels,  and  who  have  corresponded  or  conversed  with  me  upon 
the  subject,  profess  now  to  bs  loyal  to  the  government  of  the  United  States — to 
accept  the  results  of  the  war  in  good  faith. 

I  have  read  pretty  carefully  the  address  of  the  central  committee  of  the  State, 
and  must  say  that  I  was  surprised  to  see  it.  If  we  have  not  succeeded  in 
making  any  impression  upon  the  rebel  organization  in  the  State,  and  they  were 
to  combine  together,  they  could  certainly  defeat  us  in  a  general  election ;  that 
is  to  say,  they  could  defeat  us  in  an  election  for  governor.  They  could  not 
defeat  us,  so  far  as  East  Tennessee  is  concerned,  in  an  election  for  members  of 
Congress,  or  for  members  of  the  legislature,  or  for  county  officers.  We  have 
no  trouble  there  about  that ;  we  carry  all  those  elections  our  own  way. 

But  if,  as  some  of  our  prominent  Union  men  think,  we  have  made  no  impres 
sion  upon  the  rebel  organization  in  that  State,  then,  if  they  were  to  combine 
and  cast  their  full  vote  for  candidates  of  their  own,  they  could  certainly  defeat 
us  in  a  general  election. 


RECONSTRUC  TION TENNESSEE.  117 


WASHINGTON,  February  2,  1866. 

Col.  William  Spence  sworn  and  examined. 
By  Mr.  GRIMES: 

Question.  Where  do  you  reside,  and  what  is  your  occupation  ? 

Answer.  I  reside  three  miles  from  the  city  of  Murf'reesboro',  Rutherford  county, 
Tennessee.  My  business  now  is  farming. 

Question.  Are  you  a  native  of  Tennessee  ? 

Answer.  No,  sir ;  I  have  been  there  ever  since  I  was  five  years  old ;  but  I 
was  born  in  Ireland. 

Question.  Are  you  in  any  public  employment  at  this  time  'I 

Answer.  I  was  elected  to  the  senate  of  the  legislature  of  Teuness  e,  and  am 
at  present  a  member  of  that  body. 

Question.  Have  you  been  in  Tennessee  during  the  last  five  years  ? 

Answer.  Yes,  sir;  I  have  been  there  all  the  time,  and  at  home,  when  I  could 
stay  there. 

Question.  Were  you  the  owner  of  slave  property  when  the  rebellion  broke 
out? 

Answer.  Yes,  sir. 

Question.  What  is  the  condition  of  public  sentiment  in  the  State  of  Tennessee, 
or  in  the  different  portions  of  the  State,  as  regards  loyalty  to  the  federal  gov 
ernment  ;  and  what  is  the  condition  of  the  freedmen,  anjl  the  condition  of  the 
loyal  Union  men — those  who  have  adhered  to  the  government  during  the  last 
five  years  ? 

Answer.  First,  with  regard  to  the  Union  feeling  in  the  State.  Among  those 
who  have  been  in  the  rebellion,  and  have  been  pardoned,  if  the  question  was  in 
reference  to  obeying  the  law,  I  think  the  most  of  them  would  be  inclined  to  obey 
the  law.  Still,  according  to  my  judgment,  they  would  have  no  very  kind  feel 
ing  towards  the  government  But  I  think  they  would  obey  the  law  as  near  as 
you  could  get  any  body  of  men  to  do  it.  I  think  the  poorer  classes  who  have 
been  in  the  rebellion  could  be  made  truly  loyal  if  proper  efforts  were  made. 
They  are  ignorant  and  need  education. 

In  the  county  where  I  live  the  condition  of  the  frcedman  is  very  good.  There 
is  an  agency  of  the  Freedmen's  Bureau  there,  but  there  have  been  very  few  cases 
that  have  to  be  taken  before  it  for  adjustment.  The  freedmen  have  behaved 
exceedingly  well,  and  have  obtained  fair  wages.  When  their  time  was  out  this 
year  they  commenced  hiring  out  again  on  farms  for  $15  a  month  and  board.  I 
think  everything  with  the  freedmoii  is  working  well.  The  poorer  classes  of 
whites  are  not  getting  along  so  well.  \  They  have  no  schools,  and  where  they 
have  no  land  they  cannot  get  employment  as  readily  as  the  colored  men  can. 
The  richer  men  will  not  employ  them,  for  the  truth  is,  they  are  not  as  valuable 
for  laboring  as  the  negroes  are.  According  to  my  judgment  the  poorer  classes 
of  white  people,  not  only  in  Tennessee,  but  all  over  the  south,  are  scarcely  able 
to  take  care  of  themselves.  They  are  inclined  to  be  idle  and  lazy,  and  think  it 
degrading  to  work. 

I  only  know  from  report  about  other  parts  of  Tennessee.  The  eastern  por 
tion  of  the  State,  where  about  three-fourths  of  all  the  loyal  people  of  the  State 
live,  is  in  a  peculiar  condition  in  regard  to  politics.  The  Union  people  in  my 
section,  Middle  Tennessee,  consider  it  absolutely  necessary  for  the  good  of  the 
country  that  the  negro  should  have  his  rights  in  court;  and  not  only  that,  but 
that  we  should. at  least  inaugurate  the  principle  that  those  who  have  fought  in 
the  army  should  have  the  right  to  vote  as  well  as  those  who  pay  taxes  and  those 
who  can  read  and  write.  But  our  Union  friends  in  the  eastern  portion  of  the 
State,  as  we  understand  it,  almost  to  a  man,  although  the  best  Union  men  in  the 
land,  are  opposed  to  any  such  thing. 


118  RECONSTRUCTION — TENNESSEE. 

I  think  the  disloyal  sentiment  is  much  greater  in  West  Tennessee  than  in 
Middle  Tennessee ;  but  how  far  that  disloyal  sentiment  would  be  carried  out  if 
opportunity  presented  I  have  no  means  of  knowing ;  whether  it  would  go  so  far 
as  disobedience  to  the  law  I  do  not  know.  I  think  it  probable  that  in  some  por 
tions  of  the  State  there  might  be  some  lawless  fellows  who  would  disobey  the 
laws. 

Question.  You  speak  of  the  operation  of  the  Freedmen's  Bureau  in  your 
county.  Do  you  think  it  is  working  advantageously  to  the  planters  and  to  the 
freedmen  in  that  county  ? 

Answer.  There  must  be  some  tribunal  before  which,  if  there  is  any  dispute, 
it  can  be  settled.  But  we  really  have  had  no  use  for  it  of  any  consequence,  be 
cause  we  were  organized  and  getting  along  very  well  before  there  was  any  bu 
reau  established  there,  and  I  endeavored  to  have  a  law  passed  by  the  legislature 
which  would  have  prevented  our  having  any  use  for  it  in  our  section,  but  we 
failed  to  get  it.  I  think  the  Freedmen's  Bureau  operates  very  well. 

Question.  How  does  this  new  system  of  paid  labor  seem  to  satisfy  the  intel 
ligent  people  of  Tennessee  ? 

Answer.  In  my  judgment  it  satisfies  them  remarkably  well.  I  know  it  sat 
isfies  me.  I  have  made  the  experiment ;  I  allowed  the  freedmen  I  employed  to 
have  pretty  much  their  own  way,  and  they  made  as  much  as  they  ever  made 
when  slaves.  I  made  as  much  as  any  of  my  neighbors  made  the  past  year ;  in 
fact,  I  think  I  made  more.  I  do  not  hold  at  all  to  the  idea  that  negroes  will 
\  not  work  for  compensation. 

Question.  What,  in  your  opinion,  would  be  the  effect  at  the  next  election  in 
Tennessee  of  admitting  her  representatives  into  Congress  now  ]     Would  it  re 
suit  to  the  advantage  of  the  Union  men  of  the  State  to  admit  the  Tennessee 
representatives  at  this  time  ? 

Answer.  I  think  it  would  have  a  good  effect.  It  would  set  the  whole  ma 
chinery  of  the  State  in  motion,  and  the  people  would  become  identified  with  and 
better  satisfied  with  the  government  of  the  United  States,  even  those  who  have 
been  in  the  rebellion  My  judgment  would  be  that  different  candidates  would 
come  out  at  another  election,  and  in  some  sections  what  we  term  radical  men 
would  be  elected  ;  in  other  sections  what  we  call  conservatives  would  be  elected. 
But  I  think  that  in  hardly  any  case — at  least  not  in  Middle  Tennessee — would 
they  elect  what  would  be  called  rebels,  men  who  have  been  in  the  rebel  army 
and  taken  an  active  part  in  favor  of  the  rebellion.  They  would  be  afraid,  if 
they  should  put  up  such  men,  that  the  poorer  classes  would  be  arrayed  against 
them  by  the  Union  people,  which  I  think  can  be  done  in  every  district  in  Mid 
dle  and  West  Tennessee  ;  ancl  if  they  do  that,  we  will  have  a  civil  war  at  home. 
I  really  rtiink  it  would  have  a  very  beneficial  effect  to  admit  our  representatives 
now.  I  live  in  as  bad  a  rebel  djstrict  as  any  in  the  State  of  Tennessee ;  not 
originally  any  worse  than  others,  but  they  all  got  into  it  at  last.  The  rich  men 
had  influence,  and  made  the  poor  people  go  into  the  rebellion;  but  I  do  not 
think  they  have  that  influence  any  longer. 

W.  SPENCE. 


WASHINGTON,  February  5,  1866. 
Lieutenant  Colonel  John  H.  Cochrane  sworn  and  examined. 

By  Mr.  GRIMES: 

Question.  Are  you  connected  with  the  army  ? 
Answer.  I  have  been ;   I  was  mustered  out  of  service  last  week. 
Question.  With  what  regiment  have  you  been  connected  ] 


RECONSTRUCTION — TENNESSEE.  119 

Answer.  With  the  101st  United  States  colored  infantry.  I  was  acting  assist 
ant  adjutant  general  for  General  Fisk,  of  the  Freedrnen's  Bureau. 

Question.  Have  you  been  on  General  Fisk's  staff  until  recently  1 

Answer.  Yes,  sir. 

Question.  How  long  have  you  been  stationed  in  Tennessee,  and  at  what 
place  ? 

Answer.  Since  the  5th  of  September,  1863,  at  Nashville. 

Question.  Have  you  had  occasion  to  travel  much  through  the  State  ? 

Answer.  Yes,  sir;  considerable,  at  various  times. 

Question.  Have  you  been  brought  in  contact  with  the  people  of  Tennessee  to 
any  considerable  extent? 

Answer,  Yes,  sir;  iny  official  position  brought  me  in  contact  with  a  groat 
many  people. 

Question.  So  far  as  you  have  been  able  to  form  an  opinion,  what  is  the  pres 
ent  condition  of  public  sentiment  in  Tennessee  as  regards  loyalty  to  the  federal 
government  1 

Answer.  I  do  not  think  there  is  much  loyalty  there.  I  think  the  Union 
people  are  in  a  very  decided  minority ;  and  I  think  it  would  be  still  worse  if 
our  troops  were  withdrawn.  That  has  been  shown,  I  think,  in  the  sections 
from  which  the  troops  have  been  withdrawn. 

Question.  Is  there,  in  any  portion  of  the  State,  much  dissatisfaction  with  the 
restoration  of  the  federal  government  ? 

Answer.  Yes,  sir ;  there  is  a  great  deal  of  it  in  Middle  Tennessee  and  some 
in  East  Tennessee. 

Question.  How  is  it  in  West  Tennessee  1 

Answer.  West  Tennessee  is  bad,  too,  in  some  portions  of  it- 
Question.  How  tolerable  is  the  condition  of  those  men  who  have  been  loyal 
to  the  government  of  the  United  States  throughout  the  rebellion? 

Answer.  In  reference  to  what  ? 

Question.  How  are  they  treated  and  regarded  by  those  who  have  been  dis 
loyal  ? 

Answer.  The  feeling  now  is  subsiding  a  great  deal ;  but  there  was  a  great 
deal  of  opposition  by  disloyal  men  to  Union  men.  They  seem  to  harmonize 
now  better  than  they  did  a  year  ago.  There  does  not  appear  to  be  so  much 
trouble  between  them.  Still  the  Union  men  are  in  the  minority,  as  was  demon 
strated  at  the  election  of  mayor  of  Nashville ;  but  there  is  not  much  open  hos 
tility  between  them. 

Question.  Are  the  lives,  and  is  the  property,  of  Union  men  of  the  State  who 
have  borne  arms  in  the  federal  cause  safe  and  protected  at  this  time  ? 

Answer.  Yes,  sir.  I  do  not  know  how  it  would  be  if  the  troops  were  taken 
away  from  the  State. 

Question.  Do  you  believe  the  troops  could  be  safely  withdrawn  at  this  time  ? 

Answer.  I  do  not;  not  from  the  whole  State.  They  might  be  safely  with 
drawn  from  some  portions  of  the  State;  but  in  other  parts  of  the  State  I  do  not 
think  it  would  be  safe  for  northern  men  who  have  emigrated  there,  or  for  the 
Union  men  of  the  State  who  have  served  in  our  army,  if  our  troops  were  with 
drawn. 

Question.  Would  it  be  safe  for  the  freedmen  ? 

Answer.  No,  sir,  it  would  not. 

Question.  What  is  the  condition  of  the  freedmen  there  now? 

Answer.  It  is  very  good  ;  they  are  making  contracts  for  labor.  At  General 
Fisk's  office  the  demand  for  laborers  was  five  or  six  thousand  more  than  we 
could  supply. 

Question.  Do  the  freedmen  receive  remunerative  wages  for  their  labor? 


120  RECONSTRUCTION — TENNESSEE. 

Answer.  I  think  they  do. 

Question.  Are  the  labor  contracts  generally  observed  on  both  sides  ? 

Answer.  Yes,  sir,  in  most  instances.  We  have  had  but  very  little  trouble 
in  consequence  of  their  contracts  being  violated. 

Question.  So  far  as  you  know,  has  the  Freedmen's  Bureau  operated  advan 
tageously  for  all  parties  in  Tennessee*? 

Answer.  Yes,  sir,  I  think  so.  There  has  been  some  complaint  about  it;  but 
I  guess  the  great  cause  of  the  complaint,  the  freedmen's  court,  has  been  removed 
now.  The  admission  of  negroes  to  testify  in  the  courts  will  do  away  with  the 
necessity  for  a  freedmen's  court. 

By  Mr.  GRIDER: 

Question.  You  say  the  people  of  Tennessee  are  becoming  more  quiet? 

Answer.  Yes,  sir. 

Question.  What  is  your  opinion  as  to  the  effect  of  the  admission  of  the  dele 
gation  from  Tennessee  into  Congress?  Would  it  increase  the  spirit  of  loyalty 
or  quietude,  or  would  it  do  otherwise  ? 

Answer.  I  think  it  would  increase  it.  They  feel  there  now  as  though  they 
were  not  represented,  as  though  they  were  a  Territory,  and  it  was  hardly  worth 
while  being  loyal. 

Question.  Do  the  men  who  were  in  the  federal  army  and  those  who  were  in 
the  confederate  army  treat  each  other  with  more  courtesy  than  the  citizens  do? 

Answer.  Yes,  sir. 

Question.  And  more  generously? 

Answer.  We  have  but  little  trouble  with  the  men  who  were  in  the  confede 
rate  army.  I  found  it  so  in  Tennessee  and  Kentucky. 

WASHINGTON,  February  5,  1866. 

Lieutenant  Colonel  R.  W.  Barnard  sworn  and  examined. 
By  Mr.  GRIMES  : 

Question.  Are  you  an  officer  of  the  United  States  army  ? 

Answer,  Yes,  sir ;  a  brevet  lieutenant  colonel  of  the  United  States  army. 

Question.  Where  have  you  been  last  stationed  ? 

Answer.  In  Tennessee. 

Question.  How  long  have  you  been  there  ? 

Answer.  I  have  been  stationed  permanently  there  since  the  last  of  June,  1864. 

Question.  At  what  place  have  you  been  stationed  ? 

Answer.  At  Nashville. 

Question.  What  has  been  your  duty  there  ? 

Answer.  From  the  21st  of  June,  1864,  until  about  the  1st  of  August,  1865,  I 
was  superintendent  of  contrabands  for  the  department  of  the  Cumberland. 

Question.  Is  Nashville  still  your  headquarters  ? 

Answer.  Yes,  sir. 

Question.  What  is  the  condition  of  public  sentiment  in  the  State  of  Tennes 
see  in  regard  to  loyalty  to  the  government  of  the  United  States  ? 

Answer.  I  do  not  think  there  are  many  citizens  of  Tennessee  who  are  favor 
able  to  the  government  of  the  United  States. 

Question.  What  do  you  mean  by  that  ?  Do  you  mean  that  there  is  a  general 
spirit  of  disloyalty  throughout  the  State,  or  merely  that  they  are  dissatisfied 
with  the  condition  of  things  ? 

Answer.  Rather  that  they  are  dissatisfied  with  the  condition  of  things.  It  is 
not  disloyalty  sufficient  to  produce  an  outbreak,  but  it  is  a  spirit  of  disaffection. 

Question.  What  is  the  condition  of  the  Union  people  of  the  State,  those  who 
have  been  loyal  during  the  last  four  or  five  years  ? 


RECONSTRUCTION — TENNESSEE.  121 

Answer.  Do  you  mean  as  regards  their  treatment  by  the  citizens  ? 

Answer.  Yes,  sir. 

Answer.  I  do  not  think  they  are  molested  by  the  southern  sympathizers. 

Question.  Is  it  your  opinion  that  they  are  thoroughly  protected  in  all  their 
rights  and  privileges  ? 

Answer.  I  think  they  have  their  rights  and  privileges  by  sufferance  ;  that 
they  are  simply  not  interfered  with. 

Question.  What  is  the  condition  of  the  freedmen  in  Tennessee  ? 

Answer.  I  think  that  it  is  improving.  I  think  that  self-interest  on  the  part  of 
the  employers  will  protect  the  freedmen  in  their  rights  in  a  great  measure. 

Question.  So  far  as  you  know,  are  they  now  protected  in  their  rights  of  per 
sons  and  property  ? 

Answer.  As  a  general  thing,  I  think  they  are  by  their  employers. 

Question.  How  are  they  treated  by  those  who  are  not  their  employers  ? 

Answer.  I  do  not  think  they  are  treated  with  much  cruelty;  but  they  are  not 
treated  with  much  favor.  There  is  a  dislike  to  the  negro  since  he  is  free,  but  I 
do  not  think  he  is  treated  with  much  cruelty  in  Tennessee.  Still,  I  ascribe  that 
in  a  great  measure  to  the  presence  of  the  military  in  Tennessee,  and  the  decided 
policy  of  General  Thomas. 

Question.  Do  you  know  whether  measures  are  being  taken  generally  through 
out  the  State  to  put  in  crops  ? 

Answer.  Yes,  sir ;  and  there  is  a  great  demand  for  labor  from  all  parts  of 
Tennessee  by  northern  men  who  have  emigrated  there  and  citizens  of  the  State 
who  have  always  lived  there. 

Question.  Is  it  your  opinion  that  the  military  could  be  safely  removed  from 
Tennessee  at  this  time  ? 

Answer.  I  hardly  know  how  to  express  myself  on  that  subject.  I  have  not 
been  in  favor  of  removing  the  military.  I  can  tell  you  what  an  old  citizen,  a 
Union  man,  said  to  me.  Said  he,  "  I  tell  you  what,  if  you  take  away  the  mili 
tary  from  Tennessee,  the  buzzards  can't  eat  up  the  niggers  as  fast  as  we'll  kill 
'em."  I  do  not  think  it  would  be  as  bad  as  that;  but  I  know  there  are  plenty 
of  bad  men  there  who  would  maltreat  the  negro. 

Question.  What  is  your  opinion,  if  you  have  any  upon  the  subject,  in  regard 
to  the  effect  upon  the  public  sentiment  in  Tennessee  of  admitting  into  Congress 
the  delegation  from  that  State  ? 

Answer.  I  think  the  effect  would  probably  be  beneficial.  But  I  am  not  a 
politician ;  I  have  never  meddled  with  politics ;  I  have  never  voted  in  my  life. 
Still,  there  is  such  a  universal  desire  there  to  have  their  delegation  admitted  that 
I  think  it  would  probably  have  a  beneficial  effect. 

Question.  From  what  does  that  desire  arise  ? 

Answer.  Simply  H  desire  to  be  represented  in  Congress,  to  be  recognized  as 
a  State  again.    It  is  a  natural  desire  for  a  people  to  have.    I  do  not  think  there 
is  any  particular  political  meaning  in  it. 
By  Mr.  GRIDER  : 

Question.  Is  the  inclination  or  disposition  to  be  severe  on  the  freedmen  most 
common  with  those  who  formerly  owned  slaves,  or  with  those  who  never 
owned  any  ? 

Answer.  There  are  very  few  persons  of  any  standing  in  Tennessee  who  did 
not  formerly  own  slaves ;  therefore,  any  maltreatment  of  freedmen  would  be  by 
those  who  formerly  owned  slaves. 

Question.  Do  not  a  large  majority  of  the  people  in  Tennessee  who  formerly 
owned  slaves,  so  far  as  they  can,  seek  to  retain  them  by  hiring  them  ? 

Answer.  I  think  they  are  more  anxious  to  hire  their  own  former  slaves  than 
to  go  abroad  for  laborers — that  is,  as  a  general  thing;  but  there  are  some 


122  RECONSTRUCTION — TENNESSEE. 

instances  where  men  positively  refuse  to  let  a  negro  come  near  them  who  was 
ever  owned  by  them* 

Question.  But  the  general  rule  is  the  other  way  ? 

Answer.  I  rather  think  it  is. 

Question.  Portions  of  slaves  that  belonged  to  particular  men  went  off  with 
the  army,  and  some  remained  at  home.  Are  not  the  owners  of  those  who  re 
mained  at  home  peculiarly  kind  and  attentive  to  their  interests  ? 

Answer.  I  cannot  say  how  that  is  in  a  general  way.  When  I  was  superin 
tendent  of  contrabands  there  were  so  many  instances  of  cruelty  brought  before 
me,  and  at  the  same  time  so  much  evidence  of  kindness,  that  I  thought  it  was 
about  equally  divided  ;  it  depended  a  great  deal  upon  the  natural  heart  and 
condition  of  the  former  owner. 

Question.  You  speak  now  of  contrabands  ? 

Answer.  I  say  my  official  title  was  "  superintendent  of  contrabands." 

Question.  They  were  not  freedmen  then  1 

Answer.  Yes,  sir. 

Question.  The  constitutional  amendment  had  not  then  been  ratified  ? 

Answer.  No,  sir ;  but  the  President's  proclamation  had  freed  all  slaves  in 
insurrectionary  districts.  That  is  the  way  I  always  decided,  that  the  slaves  in 
the  insurrectionary  districts  had  been  all  freed  by  the  President's  proclamation. 
I  decided  that  the  slaves  in  Kentucky  were  not  freed,  but  that  in  Tennessee 
and  the  other  insurrectionary  States  they  were  free. 

Question.  You  speak  of  your  experience  as  the  officer  in  charge  of  that  in 
terest  before  the  constitutional  amendment  was  ratified  ? 

Answer.  Yes,  sir  ;  I  have  had  nothing  to  do  with  it  since.  I  have  been  com 
manding  my  own  regiment  since  August  last. 

WASHINGTON,  February  13,  1866. 

Oliver  P.  Temple  sworn  and  examined. 
By  Mr.  BINGHAM  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Knoxville,  East  Tennessee. 

Question.  How  long  have  you  resided  in  Tennessee  ? 

Answer.  All  my  life ;  I  was  born  in  Tennessee. 

Question.  Will  you  state  what  is  the  present  condition  of  affairs  in  Tennes 
see  touching  the  good  order  of  the  community,  and  what  it  has  been  for  the 
past  six  or  twelve  months  1 

Answer.  During  the  last  three  or  four  months  a  large  portion  of  East  Ten 
nessee  has  been  very  quiet,  considering  the  condition  of  the  country  previous  lo 
that  time.  Of  course,  previous  to  that  time  all  was  disorder  and  confusion  and 
war.  At  the  present  time  I  know  of  but  very  little  disorder  there  except  such 
acts  of  personal  lawlessness  as  always  grow  out  of  the  demoralization  resulting 
from  some  years  of  war. 

Question.  How  is  it  in  Middle  and  in  West  Tennessee  1 

Answer.  Personally  I  know  very  little  about  those  parts  of  the  State,  for  I 
have  not  been  there  for  some  time. 

Question.  Do  you  know  by  general  report  ? 

Answer.  Yes,  sir  ;  I  hear  a  great  deal  of  complaint  from  there  through  the 
newspapers  and  from  other  sources  of  information  ;  but  I  have  not  been  out  of 
my  section  of  the  State  in  that  direction  for  four  years. 

Question.  According  to  your  observation,  does  there  still  exist  in  the  State 
of  Tennessee  a  disunion  party  1 

Answer.  That  is  a  question  very  hard  to  answer.  In  one  sense  of  the  term, 
and  probably  in  most  senses  of  the  term,  there  does  exist  a  disunion  party 


RECONSTRUCTION— TENNESSEE.  123 

there  ;  in  another  sense  of  the  term  there  does  not.  In  my  section  of  the 
State  the  Union  party  was  very  largely  in  the  ascendency  during  the  war  and 
up  to  the  present  time.  The  rebels  were  very  hostile,  very  bitter,  and  very 
prescriptive  until  the  surrender  of  General  Lee  and  General  Johnston.  Since 
that  time  the  large  majority  of  the  rebels  in  my  section  of  the  State  with  whom 
I  have  come  in  contact  have  expressed  a  determination  to  submit  to  the  laws 
and  government  of  the  United  States,  and  although  I  know  some  original  seces 
sionists  who  still  would  desire  the  overthrow  of  the  government  of  the  United 
States  if  they  had  it  in  their  power,  I  think  the  majority  of  the  original  dis- 
unionists  in  my  section  of  the  State  are  so  overwhelmed  by  the  public  sentiment 
around  them,  and  the  disasters  that  have  befallen  their  cause,  that  they  utterly 
despair  of  accomplishing  anything  of  the  kind.  • 

Now,  while  I  apprehend  that  that  state  of  acquiescence  does  not  exist  to  the 
same  extent  in  Middle  Tennessee  and  in  West  Tennessee  as  in  East  Tennessee, 
yet  public  opinion  has  a  great  effect  upon  the  sentiments  of  men,  and  hence  I 
think  that  a  large  majority  of  the  original  secessionists  are  disposed  to  acqui 
esce  in  the  result  of  the  war.  I  do  not  think  they  will  ever  go  to  war  again 
against  the  government  of  the  United  States,  unless  there  was  a  much  better 
prospect  of  success  than  has  yet  presented  itself.  In  other  words,  I  think  they 
are  inclined  to  submit  to  the  existing  state  of  affairs.  They  complain,  it  is  true  ; 
but  I  do  not  think  they  have  any  intention  of  rebelling  again  ;  at  least  they  say 
they  have  not  in  their  conversations  with  me.  I  have  had  some  conversations 
with  them,  though  I  am  not  so  intimate  with  them  as  a  great  many  others  are, 
because  I  am  known  throughout  my  region  of  country  as  a  very  decided  Union 
man,  and  by  some  regarded  as  an  ultra  man. 

Question.  Have  all  the  secessionists  been  disfranchised  under  the  new  State 
organization  of  Tennessee  ? 

Answer.  They  have  not  all  been  disfranchised — only  those  who  cannot  take 
a  certain  oath;  certain  persons  who  did  not  vote  at  certain  elections  that  are  spe 
cified  in  our  laws  are  permitted  to  vote. 

Question.  What  proportion  of  the  former  voting  population  of  Tennessee  have 
been  disfranchised  by  the  existing  State  organization  ? 

Answer.  I  do  not  know  ;  I  have  never  made  the  calculation.  I  have  seen  a 
great  many  statements  made  by  politicians,  but  I  have  never  seen  any  state 
ment  that  I  had  reason  to  believe  was  accurate.  I  should  suppose  that  from 
40,000  to  60,000,  perhaps  more,  voters  have  been  disfranchised. 

Question.  Is  not  that  a  majority  of  the  whole  voting  population  of  the  State  ? 

Answer.  I  think  our  voting  population  before  the  war  was  about  145,000. 
I  do  not  know  how  that  number  has  been  affected  by  the  war. 

Question.  What  is  the  highest  vote  given  at  any  election  under  the  present 
organization  ? 

Answer.  I  think  that  some  40,000  votes  were  given  in  the  election  for  gov 
ernor  of  the  State. 

Question.  Is  it  or  not  your  opinion  that  if  the  white  people  of  the  state  were 
all  put  on  an  equality  in  regard  to  the  franchise,  a  majority  of  secessionists  and 
sympathizers  with  the  secessionists  would  secure  the  control  of  the  affairs  of 
the  State,  and  elect  its  officers  ? 

Answer.  I  very  much  fear  they  would  ;  but  I  am  by  no  means  certain  about 
that ;  I  think  that  would  depend  somewhat  upon  the  policy  adopted  by  our 
party  at  the  north.  If  a  very  ultra  and  extreme  policy  is  adopted  at  the 
north  it  will  in  all  probability,  supposing  the  secessionists  should  have  the 
privileges  of  the  ballot-box,  have  a  tendency  to  increase  their  numbers.  If  a 
milder  policy  is  adopted,  it  will  have  a  tendency  to  strengthen  the  Union  ele 
ment.  Party  combinations  are  shifting  so  in  our  State,  and  I  suppose  every 
where  now,  that  it  is  very  difficult  to  predict  in  advance  what  the  relative 


124  RECONSTRUCTION — TENNESSEE. 

strength  of  parties  will  be  in  the  future.     I  should  have  some  fears  that  if  the 
.  franchise  laws  of  our  State  were  repealed  and  a  free  election  were  allowed,  the 
rebels  permitted  to  vote,  the  control  of  the  State  would  pass  into  the  hands  of 
the  rebels ;  indeed  I  believe  it  would. 

Question.  Do  you  think  it  would  be  safe  for  the  Union  men  of  Tennessee 
to  allow  the  whole  voting  population  of  the  State  as  it  formerly  existed  to  con 
trol  the  affairs  of  that  State  without  any  federal  interference  at  all  ? 

Answer.  The  Union  people  in  our  section  of  the  State  would  unquestionably 
be  safe.  I  cannot  answer  positively  in  reference  to  the  other  divisions  of  the 
State.  East  Tennessee  is  able  to  take  care  of  itself  beyond  any  question  in  the 
world  ;  no  doubt  about  that.  With  the  present  franchise  act  of  our  State  in  opera 
tion,  1  have  but  very  little  doubt  but  what  the  Union  men  would  be  able  to 
take  care  of  themselves  there. 

Question.  Excluding  the  rebels  from  voting? 

Answer.  Yes,  sir. 

Question.  But  my  question  was,  supposing  the  right  of  suffrage  was  restored 
to  all  the  people  ? 

Answer.  1  should  apprehend  that  in  certain  sections  of  the  State  the  Union 
men  would  be  in  very  great  danger ;  that  is,  from  what  I  hear,  not  from  what  I 
know,  because  I  live  in  a  section  of  the  State  where  we  have  no  apprehensions 
whatever. 

Question.  Suppose  the  whole  body  of  the  white  population  of  Tennessee  was 
admitted  to  the  exercise  of  the  franchise,  what  in  your  opinion  would  be  the 
security  of  the  freedmen  in  Tennessee  without  federal  intervention  1 

Answer.  I  am  inclined  to  the  opinion  that  there  would  be  individual  instances, 
and  probably  a  considerable  number  of  them,  where  the  freedmen  would  be 
very  badly  treated  ;  but,  on  the  other  hand,  I  am  inclined  to  the  opinion  that  a 
majority  of  the  people  of  the  State  would  be  disposed  to  respect  their  rights 
even  if  all  restraints  were  removed.  I  am  very  well  satisfied  of  one  fact — that 
the  attempt  on  the  part  of  our  friends  to  protect  the  freedmen  there,  (as  a 
necessary  consequence  there  have  been  some  unwarranted  acts,  not  intentional, 
upon  the  part  of  persons  who  were  superintending  that  freedmen's  department, ) 
has  had  a  tendency  to  create  a  feeling  of  ill  will  towards  the  freedmen  that 
would  not  naturally  and  of  itself  have  existed.  I  myself  think  that  a  majority 
of  the  southern  people  entertain  a  feeling  of  kindness  for  those  who  were  for 
merly  their  slaves.  I  have  always  felt  that,  although  I  have  never  in  my  life 
been  an  ultra  man  upon  the  subject  of  slavery,  and  have  always  preferred  my 
government  to  the  institution  of  slavery,  as  is  very  well  known  in  my  section  of 
the  State,  I  was  perfectly  willing  to  give  up  the  institution  of  slavery.  I  do 
not  think  that  there  is  the  same  enmity  towards  the  blacks  upon  the  part  of  the 
southern  people,  even  if  extraneous  influences  were  removed,  as  is  commonly 
supposed  in  the  north.  But  possibly  I  judge  more  from  my  own  feelings  to 
wards  those  I  formerly  controlled  than  from  other  reasons  ;  it  may  be  that  has 
too  much  influence  upon  my  opinion  upon  the  subject. 

Question.  You  mentioned  forty  thousand  votes  as  having  been  given  at  one 
election  in  Tennessee  ;  were  they  given  for  the  same  candidates,  or  were  they 
divided  among  opposing  candidates  1 

Answer.  My  recollection  is  that  about  forty  thousand  votes  were  given  for 
the  Union  ticket.  I  am  not  sure  that  any  at  all  were  given  for  the-  opposite 
ticket,  but  I  may  be  mistaken  about  that.  I  have  been  very  busily  engaged  in 
other  pursuits,  ami  am  not  a  regular  professed  politician  in  any  way,  though  I 
take  an  interest  in  such  matters. 

Question:  Was  there  a  military  force  present  at  the  last  election  in. the  State, 
in  any  manner  controlling  it  ? 

Answer.  So  far  as  I  know,  and  so  far  as  I  have  ever  been  authentic  illy  in 
formed,  there  was  not.  There  was  a  military  force  in  the  State ;  but  if  the 


RECONSTRUCTION — TENNESSEE.  125 

military  interfered  at  all  in  the  elections  there,  I  have  no  authentic  information 
about  it. 

By  Mr.  GRIDER  : 

Question.  What  is  your  opinion  and  your  conviction  as  to  the  effect  of  ad 
mitting  the  present  delegation  of  representatives  now  elected  from  the  State  of 
Tennessee  ?  Would  it  increase  the  loyalty  and  gratify  the  feelings  of  the  peo 
ple  of  the  State,  and  would  it  decrease  it  to  exclude  them  ] 

Answer.  I  think  to  admit  the  representatives  would  unquestionably  strengthen 
the  loyal  men  there  very  much,  and  to  reject  them  would  unquestionably 
strengthen  the  disloyal  element.  I  think  that  rejecting  them  would  have  a  ten 
dency  to  make  a  great  many  Union  men  discontented,  and  when  men  become 
discontented  it  is  a  very  easy  matter  to  drive  them  off  into  the  opposite  extreme. 
I  desire  to  state  one  thing  more  definitely  and  distinctly  than  1  have  stated  in 
my  former  answer  with  reference  to  the  disunionists.  I  do  not  pretend  to  say, 
nor  do  I  mean  to  be  understood  in  anything  I  have  said  to  say,  that  the  original 
secessionists  in  our  State  have  changed  their  hearts.  I  think  their  hearts  are 
just  where  they  were  four  years  ago  ;  but  a  great  many  of  them  are  acquiescing 
in  the  present  condition  of  things,  and  I  think  a  great  many  of  them  intend  to 
continue  to  acquiesce  in  the  supremacy  of  the  government  of  the  United  States. 
But  I  think  their  hearts  are  just  where  they  were  before ;  or,  at  least,  that  is 
the  case  with  a  majority  of  them. 

Question.  I  will  ask  you  whether  those  gentlemen  who  are  acquiescing,  and 
who  say  they  are  willing  to  submit  to  the  general  government,  are  not  generally 
men  of  capacity  and  influence  and  consideration  ? 

Answer.  Yes,  sir ;  they  are  generally,  so  far  as  I  know,  because  those  are  the 
persons  I  generally  come  in  contact  with.  I  have  not  come  in  contact  with 
many  of  the  common  refugees,  and  I  know  very  little  about  their  sentiments. 
It  is  generally  persons  of  position  with  whom  1  have  come  in  contact,  or  with 
whom  I  have  had  conversation.  I  have  had  conversation  with  a  great  many  of 
them,  and  they  are  men  generally  of  standing  and  respectability,  or  were  so  be 
fore  the  war.  A  great  many  of  them  have  fallen  off  very  much,  in  my  estima 
tion,  since  that. 

WASHINGTON,  February  13,  1866. 
John  Williams  sworn  and  examined. 
By  Mr.  BINGHAM  : 

Question.  In  what  part  of  Tennessee  do  you  reside,  and  how  long  have  you 
resided  in  that  State1? 

Answer.  I  reside  in  Knox  county,  East  Tennessee,  and  have  resided  there 
all  my  life. 

Question.  Have  you  the  means  of  knowing  the  general  state  of  public  feel 
ing  in  Tennessee  ? 

Answer.  I  think  I  have. 

Question.  What  is  the  feeling  of  the  majority  of  the  people  of  Tennessee 
towards  the  government  of  the  United  States  1 

Answer.  So  far  as  I  am  advised,  it  is  my  opinion  that  the  feeling  of  not 
only  the  majority,  but  almost  the  entire  mass  of  the  people  of  Tennessee,  is 
friendly  towards  the  government  of  the  United  States.  I  know  of  no  opposi 
tion  there,  and  hear  of  none  except  through  the  newspapers.  You  can  hear 
contradictory  statements  upon  that  subject  almost  every  day.  Some  contend 
that  there  is  opposition  to  the  government.  But  my  observation  is  that  there  is 
none  anywhere  in  the  State,  so  far  as  I  am  advised.  The  rebels  have  been 


126  RECONSTRUCTION — TENNESSEE. 

thoroughly  whipped,  and  I  think  they  are  disposed  to  acquiesce  in  the 
supremacy  of  the  authority  of  the  United  States. 

Question.  Are  the  rebels  disposed  to  take  the  possession  and  control  of  the 
government  of  Tennessee,  if  they  get  the  chance  to  do  so  ? 

Answer.  I  suppose  if  you  were  to  give  them  the  privilege  of  voting,  as  a  mat 
ter  of  course  they  will  go  to  the  polls  like  everybody  else,  and  they  will  vote ; 
and  in  that  event,  there  being  a  majority  in  Tennessee  of  those  who  were 
rebels,  they  would  get  the  control  of  the  State.  But  I  am  one  of  those  who 
do  not  believe  there  is  much  opposition  in  the  State  of  Tennessee  to  the  govern 
ment  of  the  United  States.  If  you  permit  them  to  go  to  the  polls,  of  course 
they  would  be  in  the  majority,  because  there  are  more  of  them  than  of  the 
other  party  in  Tennessee. 

Question.  What  is  the  relative  strength  of  the  rebel  population  in  Tennessee, 
compared  with  the  white  Union  population  ? 

Answer.  I  think  that  upon  the  question  of  separation  from  the  Union,  which 
was  the  last  real  test  we  had  there,  there  were  from  40,000  to  45,000  for  the 
Union,  and  about  100,000  for  secession.  That  was  about  the  vote,  as  well  as 
I  now  recollect. 

Question.  Is  it  your  opinion  that  the  two  parties  sustain  about  that  relative 
relation  now? 

Answer.  I  do  not  think  they  do. 

Question.  What  do  you  think  is  now  the  difference  between  the  whole  num 
ber  of  Union  voters  and  rebel  sympathizers  in  Tennessee? 

Answer.  That  I  cannot  tell.  We  can  only  judge  of  that  from  the  test  of  an 
election,  and  we  have  had  no  election  which  was  anything  like  a  test  since  the 
8th  of  June,  1861,  and  therefore  it  would  be  impossible  for  me  to  form  any 
exact  idea  as  to  what  would  be  their  relative  strength  at  this  time.  I  do  not 
think,  however,  the  proposition  to  secede  again  would  now  get  a  single  vote 
in  Tennessee. 

Question.  I  do  not  mean  whether  they  would  vote  for  secession  now,  but 
whether  the  rebels  would  vote  to  give  themselves  the  control  of  the  State. 

Answer.  My  observation  and  experience  for  the  last  twelve  months  in  Ten 
nessee  would  lead  me  to  believe  that  some  of  those  who  have  been  the  worst 
rebels  have  now  got  to  be  some  of  the  most  noisy  Union  men  ;  they  are  the 
most  clamorous  and  make  the  most  noise.  The  great  body  of  the  Union  men 
in  my  section  of  the  country  have  not  been  to  an  election  for  some  time.  They 
refused  to  vote  at  any  of  the  elections  under  the  secession  government,  and  a 
great  many  of  them  have  not  gone  back  to  the  polls  since  they  have  been 
under  federal  rule. 

Question.  What  is  the  reason  of  that? 

Answer.  I  suppose  it  is  for  various  reasons.  There  is  a  state  government  in 
Tennessee  now  which  a  great  many  of  the  Union  men  do  not  indorse. 

Question.  Why  do  they  not  indorse  it? 

Answer.  Because  they  do  not  think  it  was  organized  in  accordance  with  prin 
ciples  laid  down  in  the  constitution  of  the  State  of  Tennessee;  that  is  all. 

Question.  Do  they  still  have  that  opinion  ? 

Answer.  I  think  a  great  many  of  them  have.  Still  they  acquiesce  in  the  gov 
ernment;  they  offer  no  resistance  to  it.  You  are  asking  me  for  my  opinion. 

Question.  Undoubtedly ;  and  a  great  deal  of  this  testimony  which  you  are 
giving  is  merely  your  opinion.  Do  these  Union  men  of  whom  you  speak  intend 
to  remain  away  from  the  polls  under  the  existing  State  organization? 

Answer.  I  do  not  think  they  do.  I  think,  as  time  rolls  on,  they  will  all  go 
back  to  the  polls.  But  men  in  a  high  state  of  excitement  will  not  do  a  great 
many  things  which  otherwise  they  will  do. 

Question.  Do  you  know  anything  about  any  agreement  or  organization  among 


RECONSTRUCTION — TENNESSEE.  127 

the  rebels  to  acquiesce  for  the  present,  and  after  restoration  to  take  control  of 
the  State? 

Answer.  I  have  no  knowledge  of  any  such  organization. 

Question.  Neither  from  rumor  nor  otherwise1? 

Answer.  None,  except  what  I  have  seen  published  in  the  Nashville  papers, 
as  coming  from  some  gentlemen  there.  A  Mr.  Fletcher,  and  others  who  are  on 
a  committee  there,  say  that  such  is  the  fact.  But  I  have  no  knowledge  of  the 
existence  of  any  such  organization. 

Question.  Those  men  to  whom  you  refer  have  made  that  statement  public? 

Answer.  Yes,  sir;  it  is  contained  in  an  address  to  Congress,  which  I  suppose 
you  have  all  seen. 

Question.  Do  you  think  with  the  State  of  Tennessee  under  the  control  of 
rebels,  without  any  restraint  upon  them  from  federal  intervention,  justice  would 
be  done  to  the  freedmen  in  that  State? 

Answer.  I  do  not  think  there  is  any  disposition  upon  the  part  of  anybody  in 
Tennessee,  rebel  or  Union,  to  inflict  any  injury  upon  the  colored  man. 

Question.  That  is  not  exactly  an  answer  to  my  question? 

Answer.  Well,  I  will  endeavor  to  answer  as  well  as  I  can. 

Question.  My  question  is  whether  you  think,  if  the  control  of  the  State  should 
pass  into  the  hands  of  the  rebel  majority,  justice  would  be  done  to  the  freedmen 
in  Tennessee? 

Answer.  I  think  it  would ;  because  I  know  personally  a  great  many  rebels 
who  are  as  kind  to  the  negro  as  any  one  else  is,  and  therefore  I  think  it  is  fair 
to  infer  that  they  would  continue  to  be  so. 

By  Mr.  GRIDER  : 

Question.  What  effect  do  you  think  the  admission  into  Congress  would  have 
upon  the  spirit  and  temper  of  the  people  of  Tennessee  ?  Would  it  gratify  them 
and  make  them  more  loyal,  or  would  it  tend  to  encourage  the  rebel  feeling  there? 

Answer.  I  think  it  would  have  a  very  beneficial  influence ;  I  think  it  would 
go  a  great  way  towards  bringing  about  a  better  state  of  feeling  than  perhaps 
exists  there  now.  There  are  some  of  our  people  there,  good  Union  people,  who 
are  disposed  to  complain  of  the  action  of  Congress  in  not  admitting  our  repre 
sentatives.  I  think  their  admission  would  put  them  in  good  humor  and  make 
them  feel  better  disposed  towards  the  government. 

WASHINGTON,  February  13,  1866. 

Abner  G.  Jackson  sworn  and  examined. 
By  Mr.  BINGHAM  : 

Question.  In  what  part  of  Tennessee  do  you  reside,  and  how  long  have  you 
resided  there? 

Answer.  I  reside  in  Knox  county,  East  Tennessee,  and  I  have  resided  there 
for  fifty-seven  years.  I  was  born  in  the  neighborhood  of  Petersburg,  Virginia. 

Question.  What  is  your  opinion  of  the  present  feeling  of  the  majority  of  the 
people  of  Tennessee  towards  the  friends  and  defenders  of  the  Union  in  the  State 
of  Tennessee  ? 

Answer.  So  far  as  my  observation  goes,  the  feeling  of  the  secession  party  is 
nothing  like  as  bitter  as  it  was  some  time  ago.  Until  within  the  last  two  or 
three  months  there  has  been  a  great  deal  of  bitterness  and  a  great  deal  of  trouble. 
But  it  is  now  much  more  quiet,  so  far  as  my  observation  goes.  . 

Question.  Is  it  your  opinion  that  the  active  Union  men  of  Tennessee  would 
be  safe  if  the  control  of  the  government  of  the  State  was  transferred  to  the  hands 
of  the  majority,  that  majority  being  understood  to  have  been  rebel  ? 


128  RECONSTRUCTION— TENNESSEE. 

Answer.  I  really  think  they  would.  I  should  be  perfectly  willing  to  risk  it 
if  it  were  thought  practicable  and  advisable  to  do  so.  But  just  in  that  con 
nexion,  speaking  of  rebels,  perhaps  you  and  I  would  differ  as  to  who  were 
rebels.  My  neighbor,  for  instance,  has  been  a  rebel ;  but  he  is  an  honest  man, 
and  comes  up  and  takes  the  oath.  I  do  not  now  look  upon  him  as  a  rebel,  be 
cause  by  taking  the  oath  he  has  wiped  out  his  sin  of  rebellion.  In  regard  to 
honest  men,  I  take  a  different  view  of  that  subject  from  some  others.  An  honest 
man  before  the  war  will  be  an  honest  man  after  the  war. 

Question.  In  what  majority  are  those  persons  in  Tennessee  who  have  been 
in  favor  of  the  rebellion  ? 

Answer.  I  am  not  as  well  posted  in  that  respect  as  some  others  are. 

Question.  Do  you  think  they  would  be  as  about  two  to  one  to  the  Union  men 
in  Tennessee  ? 

Answer.  I  think,  taking  the  whole  State,  perhaps  they  would  be,  or  that  they 
have  been. 

Question.  Are  they  now  ? 

Answer.  I  do  not  think  they  are. 

Question.  Are  they  in  the  majority  in  the  State  now  ? 

Answer.  I  think  it  very  likely  that  they  have  a  decided  majority. 

Question.  Do  you  think  the  vote  of  the  State  now  would  be  in  the  proportion 
that  Mr.  Temple  has  stated,  whose  testimony  you  have  heard? 

Answer.  I  form  my  opinion  more  from  what  Mr.  Temple  and  Mr.  Jackson 
have  stated  than  from  my  own  observation,  for  they  have  bestowed  more  pains 
upon  this  subject  than  I  have. 

Question.  Do  you  know  about  what  was  the  vote  of  Tennessee  for  governor 
at  the  last  election  for  that  office? 

Answer.  I  do  not ;  I  was  absent  from  Tennessee  at  that  time. 

By  Mr.  GRIDE R  : 

Question.  You  have  spoken  of  the  bitterness  that  existed  between  the  rebels 
and  the  Union  men  some  months  ago.  Will  you  not  state  whether  that  was  not 
rather  a  personal  difference,  rather  than  a  feeling  of  opposition  towards  the 
United  States  government  ? 

Answer.  It  was  a  personal  difference,  and  confined  to  very  low  people,  as  a 
general  thing. 

Question.  What  effect,  in  your  opinion,  would  the  admission  of  the  delegation 
from  Tennessee  into  Congress  have  upon  the  people  of  the  State?  Would  it 
have  a  good  effect  ? 

Answer.  I  think  it  would  have  a  very  decided  effect  to  harmonize  the  people 
of  Tennessee. 

Question.  Will  you  state  whether  the  rebel  officers  and  the  Union  officers 
who  have  met  in  your  neighborhood  since  the  war  ceased  have  not  got  along 
harmoniously  together  and  like  gentlemen  ? 

Answer.  Officers  and  soldiers  both  have  done  so;  that  is  true,  with  the  ex 
ception,  as  I  stated  before,  of  low  fellows. 


PART  II. 


VIRGINIA,  NORTH  CAROLINA,  SOUTH  CAROLINA. 


SUB-COMMITTEE. 

Mr.  JACOB  M.  HOWARD,  (of  Michigan,)  United  States  Senate. 
Mr.  ROSCOE  OONKLING,  (of  New  York,)  House  of  Representatives. 
Mr.  HENRY  T.  BLOW,  (of  Missouri,)  House  of  Representatives. 


Mr.  CONKLING,  from  the  Select  Joint  Committee  on  Reconstruction,  reported 

the  following  evidence. 


TESTIMONY 


WASHINGTON,  January- 23,  1866. 

Brevet  Major  General  John  \V.  Turner  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Of  what  State  are  you  a  citizen  ? 

Answer.  The  State  of  Illinois. 

Question.  Are  you  now  in  the  public  service  ?  If  so,  in  what  capacity,  and  where  are  you 
stationed? 

Answer.  I  am  in  the  military  service  of  the  United  States,  in  command  of  the  district  of 
Henrico,  including  the  city  of  Richmond,  Virginia ;  I  have  been  in  command  there  since  the 
middle  of  June  last. 

Question.  Does  your  district  include  any  other  city  than  Richmond  ? 

Answer.  It  does  not ;  it  includes  the  county  of  Henrico  and  the  town  of  Manchester,  op 
posite  Richmond,  on  the  opposite  side  of  the  James  river. 

Question.  Were  you  in  the  Union  army  at  the  time  of  the  evacuation  of  Richmond  ? 

Answer.  Yes,  sir. 

Question.  Serving  under  whom  ? 

Answer.  I  was  commanding  a  division  in  the  24th  army  corps,  under  General  Gibbon. 

Question.  State,  generally,  the  nature  of  your  duties  at  Richmond  at  the  present  time. 

Answer.  Perhaps  I  had  better  go  back  a  little  and  state  what  my  duties  have  been,  as  they 
have  been  circumscribed  somewhat  lately. 

Question.  Please  do  so. 

Answer.  On  assuming  command  there  I  took  the  entire  control  and  charge  of  the  city  of 
Richmond,  exercising  all  the  power  and  authority  ordinarily  vested  in  the  municipal  authori 
ties  of  a  city.  The  civil  courts  were  suspended — all  the  ordinary  tribunals  before  which  the 
citizens  of  a  community  resort  for  the  redress  of  their  grievances. 

Question.  Was  the  district  under  martial  law  ? 

Answer.  Yes,  sir. 

Question.  Has  it  been  ever  since  ? 

Answer.  Yes,  sir. 

Question.  And  is  now  ? 

Answer.  Yes,  sir.  From  time  to  time  I  have  turned  over  to  the  regularly  constituted  civil 
authorities  which  have  been  established  all  actions  in  civil  cases.  During  the  summer,  and 
until  October,  I  took  cognizance,  as  a  sort  of  equity  court,  of  all  civil  cases  that  I  could  ad 
judicate  upon.  I  was  consequently  brought  in  contact  with  a  great  many  citizens,  who 
necessarily  came  to  me  for  relief  of  their  wants  of  various  kinds. 

At  present  my  duties  are  confined  almost  exclusively  to  affairs  in  which  freedmen  are  in 
volved.  The  State  civil  courts  all  having  been  established,  a  mayor  having  been  elected  and 
his  police  court  established,  they  have  taken  from  me  all  jurisdiction  over  matters  tending  to 
the  peace  and  quiet  of  the  community.  At  present,  therefore,  I  take  cognizance  only  of  those 
matters  in  which  freedmen  are  involved ;  and  of  those  I  take  action  only  in  criminal  cases  ; 
all  civil  cases  go  to  the  Freedmen's  Bureau.  But  Richmond  being  a  large  city,  and  there 
being  a  large  congregation  of  negroes  there,  there  is  required  a  court  constantly  in  session  to 
dispose  of  criminal  cases  of  daily  occurrence.  I  have  trom  ten  to  twenty  cases  every  day  to 
dispose  of,  mostly  for  petty  misdemeanors. 

Question.  Is  there  in  your  district  any  interruption  of  the  courts  of  justice  by  mobs  or 
violence  ? 

Answer.  No,  sir. 

Question.  Are  juries  regularly  assembled  in  the  State  courts  for  the  trial  of  causes  ? 

Answer.  The  courts  were  established  only  late  in  the  fall,  and  the  only  court  that  has 
been  going  on  is  what  is  called  the  hustings  court.  Of  that  court  there  are  two  branches — the 
one  composed  of  a  judge,  the  other  of  fifteen  magistrates.  That  court  does  not  have  a  jury. 
I  think  that  in  the  circuit  court  and  in  Judge  Meredith's  court  there  is  a  jury. 

Question.  How  are  the  sheriffs  of  those  courts  appointed  ? 

Answer.  They  are  all  elected. 

Question.  Have  you  been  present  in  Richmond  or  in  any  other  place  in  Virginia  on  any 
day  of  election  ? 

Answer.  Yes,  sir. 

Question.  What  do  you  know  in  regard  to  ex-rebels  voting? 
1  V  NC  SC 


2  RECONSTRUCTION. 

Answer.  The  first  election  in  Richmond  was  for  mayor,  aldermen,  members  of  the  council, 
sheriff,  high  constable,  commonwealth's  attorney,  &c.  So  far  as  tumultuous  proceedings 
were  concerned,  that  election  was  conducted  very  quietly ;  there  was  no  disturbance.  I  took 
every  precaution  that  the  soldiers  should  not  interfere  with  the  voting  ;  that  they  should  keep 
a\vav  from  the  polls.  The  people  had  free  scope  to  do  and  say  just  what  they  pleased.  I 
oulv"took  the  precaution,  in  case  of  a  riot  or  disturbance,  to  have  the  means  at  hand  to  sup 
press  it.  I  know  that  at  that  election  the  people  of  Richmond  electioneered  on  the  streets 
and  made  harangues  and  speeches  in  favor  of  ex-rebel  officers. 

Question.  Was  this  done  within  your  own  hearing? 

Answer.  I  cannot  say  I  heard  it ;  it  was  so  reported  to  me. 

Question.  Was  the  information  you  received  so  direct  and  authentic  as  to  leave  no  doubt 
upon  your  mind  as  to  its  correctness  ? 

Answer.  Yes,  sir. 

Question.  Did  you,  at  that  election,  hear  any  outcries  or  shouts,  indicating  that  the  people 
were  generally  more  in  favor  of  those  candidates  who  had  been  rebels  than  of  those  who  had 

Answer.  I  did  not,  personally,  for  I  took  the  precaution  to  keep  out  of  sight  of  anything 
of  the  kind  that  day  ;  but  my  officers,  whom  I  had  on  duty,  reported  to  me  that  such  things 
did  occur,  and  I  am  fully  confident  they  did. 

Question.  Have  you  mingled  freely  with  the  people  of  Richmond  and  of  other  portions  of 
your  district  since  you  have  been  in  command  there,  so  as  to  be  able  to  ascertain  the  state  of 
their  feelings  towards  the  government  of  the  United  States  ? 

Answer.  I  have  been  thrown  in  contact  with  a  great  many  of  them;  but  when  you  ask  me 
if  I  have  mingled  with  them — gone  into  their  society — I  must  say  that  I  have  not,  because 
they  will  not  permit  me  to  do  it. 
Question.  Why  not? 

Answer.  Because  I  am  a  "Yankee,"  and  they  will  not  permit  me  to  go  inside  their  nouses. 
Question.  Can  you  give  an  instance  of  any  exclusion  of  that  sort? 

Answer.  No,  sir;  not  of  any  direct  exclusion;  only  that  none  of  them  have  ever  invited  me  to 
visit  their  houses.  I  know  of  only  one  instance  where  I  was  invited  to  the  house  of  a  citizen 
of  Richmond  who  was,  and  has  been  during  the  war,  a  secessionist.  I  judge  from  the  man 
ner  in  which  they  avoid  me  ;  the  nature  of  their  conversation  when  they  are  in  my  presence, 
when  they  are  obliged  to  approach  me  on  matters  of  business;  their  deportment  and  their 
acts  on  the  streets  indicating— all  these  things  satisfy  me  that  I  am  not  welcome  among  them. 
On  the  contrary,  that  they  have  towards  me,  and  I  am  constantly  reminded  of  it,  a  deep- 
abiding  hate.  I  am  filled  with  the  cousciousnesss  of  it  every  day.  I  have  not  been  on  the 
streets  of  Richmond  scarcely  a  day  for  the  last  four  months  that  I  have  not  seen  some  indi 
cation  from  man  or  woman  marking  his  or  her  contempt  for  me  because  I  am  a  "Yankee  ;" 
bv  a  shrill  of  the  shoulders,  by  walking  across  the  street  to  avoid  meeting  me,  by  their 
turning  their  backs  on  me,  or  leaving  a  store  when  I  enter  it,  turning  their  noses  up  at  me. 
I  do  not  suppose  a  day  has  passed  in  any  week  for  the  last  four  months  that  that  has  not 
been  done. 

Question.  Are  you  aware  that  any  of  those  citizens  have  any  cause  of  personal  dislike 
towards  you  ? 

Answer.  They  have  not. 

Question.  Have  you  had  any  personal  altercation  with  any  of  them  ? 

Answer.  Not  with  a  single  person  in  the  city  of  Richmond.  When  I  have  been  brought 
in  contact  with  them,  in  the  exercise  of  my  official  duties,  I  have  always  treated  them 
kindly ;  I  have  spoken  pleasantly  to  them ;  I  have  avoided  in  every  way  the  giving  any 
offence  by  word  or  act 

Question.  Have  you  received  any  instructions  from  your  superiors  in  relation  to  your 
demeanor  towards  them? 

Answer.  No,  sir;  I  have  never  received  any  instruction  on  that  point. 
Question.  I  do  not  mean  any  official  instructions ;  but  have  you  not  been  informed  of  the 
desire  of  the  President  of  the  United  States  on  that  point  ? 

Answer.  I  conceived  it  to  be  my  duty,  when  I  was  assigned  to  the  command  there,  to  do 
all  in  my  power  to  conciliate  and  harmonize  the  people,  and  I  did  it  conscientiously.  I  have 
forced  down  many  a  time  against  my  inclination  the  indignation  that  arose  in  me,  feeling 
that  it  was  my  duty  to  do  so ;  that  perhaps  I  ought  to  forbear  showing  rny  feelings.  I  think 
it  probable  that  if  you  should  ask  the  citizens  of  Richmond,  they  would  speak  of  my  course 
there  as  having  been  charitable  and  kind.  At  any  rate,  such  are  the  reports  that  are  brought 
to  me ;  that  they  have  nothing  to  gainsay  of  what  I  have  done.  Of  course,  in  the  proper 
discharge  of  my  official  duties  there,  I  have  been  obliged  to  take  some  measures  that  were 
not  very  pleasant  to  some  of  them. 

Question.  It  was  your  uniform  and  firm  intention  and  inclination  to  treat  them  fairly  and 

Answer.  Yes,  sir ;  as  much  so  as  I  ever  attempted  to  perform  any  duty  in  my  life. 

Question.  And  you  are  not  conscious  of  ever  having  acted  differently? 

Answer.  No,  sir. 

Question.  What  is  your  conviction  of  the  general  sentiment  of  the  people  in  your  district, 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  3 

or  in  Virginia  generally,  so  far  as  you  know,  towards  the  government  of  the  United  States ; 
as  a  general  thing,  as  a  prevalent  feeling,  do  they  like  it  or  do  they  hate  it? 
Answer.  It  is  my  conviction  that  they  hate  it. 
Question.  And  you  derive  this  conviction  from  what? 

Answer.  From  a  long  intercourse  with  them  ;  from  watching  them  as  carefully  as  I  could 
and  judging  them  as  dispassionately  as  I  could;  and  I  think  I  am  able  to  judge  them  dis 
passionately.  I  do  not  think  they  love  the  country  or  the  government.  It  is  their  belief, 
or  their  expression  of  belief,  that  they  cannot  live  with  the  north ;  that  they  are  a  different 
people.  I  do  not  think  that  their  oath  of  allegiance  conveys  to  them  any  binding  force  or 
obligation  whatever  to  support  and  defend  the  government.  I  do  not  believe  that  they,  for 
an  instant,  think  it  does. 

Question.  As  a  general  thing  ? 

Answer.  As  a  general  thing. 

Question.  Why  not ;  in  what  sort  of  casuistry  do  they  indulge  in  that  regard ;  in  other 
words,  how  does  it  happen  that  a  man,  honorable  and  honest  in  his  private  relations,  can 
reconcile  it  to  his  conscience  to  violate  and  disregard  his  oath  ? 

Answer.  That  is  a  matter  entirely  beyond  my  comprehension.  I  can  only  attribute  it  to 
the  fact  that  they  are  an  impulsive  people,  and  speak  and  act  from  their  impulses  more  than 
from  their  reason  and  judgment.  I  have  had  related  to  me  scores,  and  I  may  say  hundreds 
of  times,  instances  of  men  who  have  taken  the  oath  of  allegiance,  asserting  that  they  would 
never  fight  for  the  old  flag. 

Question.  Does  this  information  come  to  you  from  authentic  sources  ? 

Answer.  Yes,  sir.  I  call  to  mind  distinctly  now  one  instance  where  a  man  told  me  that  he 
was  sitting  at  the  breakfast  table  in  a  private  boarding-house,  when  the  conversation  turned 
upon  the  probability  of  a  war  with  France  or  England.  One  man  present  at  the  table  re 
marked,  "Well,  if  we  get  into  a  war  with  England,  I  am  going  on  that  side." 

Question.  On  the  side  of  England  ? 

Answer.  Yes,  sir.     "  I  am  going  to  fight  for  England ;  I  will  not  fight  for  this  country." 

Question.  Was  that  man  one  of  position  in  society  there  ? 

Answer.  That  I  cannot  say.     He  was  certainly  living  at  a  genteel  boarding-house. 

Question.  Was  he  an  educated  and  well-bred  man  ? 

Answer.  He  was  boarding  with  the  gentleman  who  related  the  circumstance  to  me,  and 
who  goes  in  the  first  society  there.  I  have  heard  these  things  so  often  that  I  have  ceased  to 
pay  attention  to  them ;  they  pass  in  one  ear  and  out  of  the  other.  It  is  from  hearing  these 
remarks,  and  from  their  deportment  towards  me,  that  I  have  been  brought  to  the  conviction 
that  their  oath  of  allegiance  does  not  bear  with  any  force  or  obligation  upon  them. 

Question.  In  case  of  the  actual  occurrence  of  a  war  between  the  United  States  and  any 
foreign  power,  say  England  or  France,  suppose  there  should  be  an  opportunity  offered  for  the 
southern  rebels  to  join  the  enemy ;  in  your  opinion,  what  would  they  do  ? 

Answer.  I  cannot  help  but  think  they  would  go  against  us.  If  a  foreign  fleet  should  land 
on  the  coast  of  any  of  the  southern  States,  the  people,  as  a  community,  might  not  organize 
into  an  armed  band  or  an  armed  force  and  re-enforce  the  enemy ;  but  I  believe  they  would 
assist  them  by  giving  them  information  and  furnishing  them  with  supplies,  and  open  their 
country  to  them  as  a  base  of  operations.  Such  is  my  conviction.  I  think  if  we  should  get 
into  war  with  a  foreign  pcwer,  and  that  power  should  make  offers  to  the  leading  military  men 
of  the  rebellion,  the  generals,  colonels,  majors,  &c.,  the  most  of  them  would  accept  the 
offers.  I  think  that  is  their  spirit  now. 

Question.  What  is  your  idea  as  to  the  decrease  or  increase  of  this  spirit  since  the  close  of 
the  war ;  so  far  as  your  observation  extends,  has  it  decreased  or  increased  ? 

Answer.  There  is  vastly  more  demonstration  of  it  now  than  there  was  in  the  months  of 
May  and  June  last :  whether  their  feeling  of  hate  has  increased  since  that  time  or  not  I  will 
not  say.  They  certainly  give  more  demonstration  of  it  now  than  they  did  then. 

Quastion.  In  your  judgment  what  has  been  the  effect  of  the  pardons  and  amnesties  which 
have  been  granted  to  rebels  in  Virginia,  especially  in  your  district ;  what  has  been  the  moral 
effect  upon  the  minds  and  hearts  of  the  recipients  of  those  favors  ?  , 

Answer.  I  cannot  help  thinking  that  it  has  gone  far  to  depress  the  hopes  of  the  few  Union 
men  there,  and  to  raise  the  hopes  of  the  secessionists.  The  secessionists  receiving  pardons 
seem  to  have  assumed  an  authority  and  political  control,  and  to  exercise  an  influence  upon 
society  that  they  did  not  before  they  received  those  pardons  ;  and,  of  course,  their  control 
and  influence  are  antagonistic  to  the  Union  people  and  Union  sentiment.  The  Union  peo 
ple  were  in  the  minority  after  these  secessionists  got  their  pardons,  and  had  to  take  back 
seats.  I  have  been  deeply  grieved  for  the  Union  men  there  when  I  saw  their  utter  want  of 
hope.  I  am  confident  that,  as  they  all  tell  me,  they  have  no  hope  now. 

Question.  Have  the  Union  people  there  any  effectual  strength,  politically  or  socially  ? 

Answer.  No,  sir,  neither  politically  nor  socially.  Union  men  who  have  lived  in  Virginia 
all  their  lives  tell  me  they  will  have  to  leave  as  soon  as  our  troops  are  withdrawn. 

Question.  Is  such  the  state  of  things  now  ? 

Answer.  Yes,  sir.  There  are  men  there  who  remained  there  during  the  four  years  of  the 
war,  who  were  Union  men,  but  whose  feelings  and  opinions  were  not  generally  known 
through  the  war  ;  by  keeping  quiet  and  out  of  the  way  of  the  crowd  they  were  lost  to  the 


4  RECONSTRUCTION. 

public  view  generally.  Since  our  advent  there  they  have  come  forth  and  made  known  what 
were  their  feelings  and  sentiments  all  through  the  lour  years  of  the  war.  These  people  are 
now  persecuted  to  death,  one  might  say,  by  the  rebels,  who  accuse  them  of  having  l>een 
false  to  their  flag  and  their  countiy. 

Question.  I  will  suppose  this  case:  that  the  military  power  and  control  of  the  government 
is  entirely  withdrawn  from  Virginia,  and  from  the  other  rebel  States,  so  that  there  shall  be 
no  longer  the  restraining  influence  of  the  government  of  the  United  States  upon  them  ;  but 
those  States  would  apparently  have  perfect  liberty  to  again  attempt  to  secede  from  the 
Union  ;  would  they  or  not  again  attempt  to  set  up  the  so-called  confederate  government,  or 
something  like  it  ? 

Answer.  I  think  this :  that  if  they  thought  they  could  succeed,  by  tearing  down  the  United 
States  flag  to-morrow,  they  would  do  it. 

Question.  Suppose  this  case:  that  the  government  of  the  United  States  should  not  exer 
cise  or  threaten  to  exercise  its  military  power  and  restraint  in  opposition  to  secession  again ; 
or,  in  other  words,  suppose  there  was  no  immediate  prospect  of  the  use  of  military  force  for 
that  purpose,  would  they  again  undertake  to  go  out  of  the  Union  and  form  a  confederate 
government  and  take  the  chances  ? 

Answer.  There  are  so  many  contingencies  involved  that  one  can  hardly  give  a  direct 
answer  to  that  question.  I  arn  confident  they  would  fire  on  the  United  States  flag  to-morrow 
if  they  thought  that  by  so  doing  they  would  effect  a  separation.  But  there  are  many  chances 
against  them,  and  it  is  a  question  ot  how  many  chances  they  would  take  against  themselves. 
My  theory  of  the  matter  is  this  :  they  are  determined,  I  think,  to  effect  a  separation  from  the 
north  socially  and  commercially ;  they  failed  to  effect  one  politically,  and  they  are  determined 
to  effect  a  social  and  commercial  separation  if  they  can.  They  will  make  themselves  a  sepa 
rate  people  in  every  way ;  make  it  unpleasant  for  northerners  to  be  among  them  ;  be  aggres 
sive,  and  a  northerner  will  be  unable  to  obtain  redress.  They  will  do  that  for  the  purpose  of 
effecting  a  social  separation,  and  making  themselves  a  distinct  people,  so  far  as  they  can, 
while  living  under  the  same  government ;  biding  their  time  when  they  may  effect  a  politic  il 
separation. 

Question.  Ever  entertaining  the  hope  of  an  ultimate  separation  ? 

Answer.  Yes,  sir,  that  is  my  opinion ;  and  if  we  cannot  overcome  those  people,  socially 
and  commercially  ;  if  we  cannot  make  them  homogeneous  with  us  at  the  north,  by  introdu 
cing  among  them  enough  of  us,  I  think  it  is  only  a  question  of  time  when  we  shall  be  sepa 
rated.  They  say  they  cannot  mix  with  us;  that  they  do  not  mean  to  mix  with  us ;  that 
they  cannot  live  with  the  north. 

Question.  Why? 

Answer.  Because  they  say  they  are  above  the  north.  They  look  upon  a  man  from  the 
north  as  a  mean  and  despicable  wretch,  a  Yankee.  There  is  nothing  so  contemptuous  or 
opprobrious,  in  their  estimation,  as  the  term  "Yankee."  It  is  the  concentration  of  every 
thing  mean  and  despicable ;  and  if  we  cannot  overcome  that  feeling  by  sending  capital,  and 
brains,  and  muscle  down  there,  we  will  yet  be  a  divided  country.  At  present  there  is  con 
siderable  northern  capital  in  Richmond  ;  and  men  will  come  up  and  cringe  and  fawn  for  the 
purpose  of  borrowing  money.  A  president  of  a  bank  there  told  me  himself  that  they  would 
come  up  and  cringe  for  the  purpose  of  borrowing  money,  and  then  would  not  speak  to  the 
man  on  the  street  of  whom  they  got  it.  Capital  has  not  yet  begun  to  exercise  much  influ 
ence  there.  A  great  deal  of  capital  which  had  been  taken  there  has  been  withdrawn,  owing 
to  the  animosity  exhibited  on  the  part  of  the  people  there.  Those  who  took  it  there  have 
left,  feeling  that  they  could  not  get  along. 

Question.  Among  capitalists  who  have  thus  attempted  to  take  their  money  into  Virginia, 
what  is  the  feeling  in  regard  to  their  obtaining  justice  from  the  courts  as  they  are  adminis 
tered  there  ? 

Answer.  As  the  courts  have  been  established  very  recently  there,  I  do  not  know  that  I 
ought  to  give  an  opinion  upon  that  subject.  But  knowing  what  the  feelings  of  the  people 
are^  I  can  readily  anticipate  what  the  result  will  be ;  it  cannot  be  otherwise.  But  as  they 
have  had  little  or  no  opportunity  as  yet  to  show  what  their  course  will  be  in  that  respect,  1, 
perhaps,  had  better  not  express  an  opinion. 

Question.  What  is  your  impression  as  regards  the  conviction  of  rebels  for  treason  by  a 
Virginia  jury  ?  Could  a  jury  be  found  in  Virginia  that  would  convict  a  man  of  treason  ? 

Answer.  I  have  not  the  slightest  idea  in  the  world  that  it  could  be  done  ;  it  would  be  a 
farce  to  attempt  any  such  thing. 

Question    How  do  the  people  of  Virginia  treat  the  emancipated  negroes  ? 

Answer.  I  do  not  think  there  is  a  general  feeling  of  aggression  towards  the  negroes.  The 
more  intelligent  people  there,  those  who  have  landed  estates,  need  their  labor.  Being  de 
pendent  upon  them  for  labor,  they  see  the  necessity  of  employing  them,  and  are  disposed  to 
get  along  with  them.  All  of  the  people,  however,  are  extremely  reluctant  to  grant  to  the 
negro  his  civil  rights— those  privileges  that  pertain  to  freedom,  the  protection  of  life,  liberty, 
and  property  before  the  laws,  the  right  to  testily  in  the  courts,  &c.  They  are  all  very 
reluctant  to  concede  that ;  and  if  it  is  ever  done,  it  will  be  because  they  are  forced  to  do  it. 
They  are  reluctant  even  to  consider  and  treat  the  negro  as  a  free  man,  to  let  him  have  his 
hall* of  the  sidewalk  or  the  street  crossing.  They  cannot  get  over  their  prejudices  against 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  5 

him,  or  have  not  as  yet.  Among  the  lower  classes  of  the  whites  there  is  a  spirit  of  aggres- 
sion  against  the  negro ;  they  are  disposed  to  ban  the  negro,  to  kick  him  and  cuff  him,  and 
threaten  him  with  what  they  will  do  as  soon  as  the  Yankees  go  away. 

Question.  Is  this  feeling  of  dislike  of  the  negro  more  intense  and  bitter  with  the  lower*! 
classes  of  whites  than  with  the  upper  1 

Answer.  I  think  that,  as  a  rule,  even  the  more  intelligent  classes  cannot  look  upon  the 
negro  in  any  other  light  than  a  negro.  Their  feeling  may,  perhaps,  be  more  deep  ;  and  while 
they  are  willing  to  treat  him  well — not  to  abuse  him  physically — they  do  not  accord  to  him 
civil  rights.  The  very  question  of  according  civil  rights  to  a  negro  is  something  very  repug 
nant  to  them,  something  at  which  they  revolt  from  the  very  bottom  of  their  souls.  With  the 
lower  classes — I  speak  now  more  particularly  of  the  city  of  Richmond — probably  the  feeling 
does  not  exist  to  such  an  extent  in  the  rural  districts — there  is  an  impulsive  feeling  of  aggres 
sion — a  desire  to  hit  the  negro  out  of  the  way.  They  do  not  think  about  his  rights;  they  do 
not  appear  to  know  what  it  means ;  only  they  feel  that  the  negro  has  something  now  that  he 
did  not  have  before ;  that  he  is  putting  on  airs.  And  a  great  many  of  the  negroes  are  in 
clined  to  take  the  thing  in  their  own  hands ;  they  are  not  disposed  to  be  imposed  upon  by 
those  people,  if  they  can  have  half  a  show  to  defend  themselves. 

Question.  Can  you  think  of  any  motive  which  would  induce  the  white  population  of  that 
region  to  permit  the  negro  to  have  the  right  of  suffrage  1 

Answer.  No,  sir;  they  will  not  do  it,  unless  they  are  compelled  to  do  so — at  least  not  for 
years.  I  do  not  know  what  motive  would  induce  them  to  do  it  now;  it  must  be  some  great 
compulsion.  I  have  seen  the  proposed  amendment  to  the  Constitution  introduced  by  the 
Joint  Committee  on  Reconstruction.  My  present  impression  is,  that  should  that  amendment 
be  adopted,  they  would  lose  a  portion  of  their  representation  before  they  would  allow  the 
negro  to  vote. 

^  Question.  State,  in  general  terms,  what  is  the  condition  of  the  colored  population  in  your 
district  and  its  vicinity  in  respect  to  good  order,  industry,  and  willingness  to  labor  and  earn 
a  living,  if  treated  fairly  and  paid  reasonably. 

Answer.  They  are  getting  along  there  fully  as  well  as  could  be  expected.  The  affairs  of 
the  Freedmen's  Bureau  have  been  very  well  managed,  so  far  as  it  has  come  under  my  obser 
vation.  I  have  no  doubt  of  the  disposition  of  the  freedmen  to  work.  Of  course,  take  any 
class  of  slaves  as  numerous  as  were  those  of  the  south  and  remove  from  them  the  restraints 
under  which  they  have  always  lived,  and  there  will  be  a  great  many  lawless,  idle  people 
among  them  who  will  be  inclined  to  prey  upon  the  community ;  but  I  have  no  doubt  at  all  that 
the  mass  of  the  freedmen  will  soon  learn  what  it  is  to  take  care  of  themselves.  I  have  talked 
with  a  great  many  men  down  there  who  have  employed  a  large  number  of  negroes,  and  I 
have  yet  to  come  across  the  first  case,  where  the  negro  has  been  impressed  with  the  confidence 
that  his  employer  was  willing  to  accord  to  him  all  his  civil  rights  as  a  free  man,  that  there 
was  any  difficulty  at  all.  In  those  instances  where  there  has  been  trouble,  and  the  negro 
has  gone  off  and  left  the  place,  I  have  found  the  employers  to  be  impracticable  men.  As  I 
said  before, 'they  could  not  forget  that  the  negro  had  been  a  slave.  They  might  not  be  dis 
posed  to  punish  them  or  beat  them;  but  there  was  something  in  their  conduct  which  excited 
in  the  mind  of  the  negro  that  he  had  not  accorded  to  him  all  the  privileges  of  his  new  status, 
and  the  consequence  was  that  the  negro  was  discontented,  was  not  so  controllable,  and  was 
disposed  to  wander  off  and  leave  his  work. 

Question.  Owing  to  his  want  of  faith  in  his  employer? 

Answer.  Yes,  sir.  And  then  I  think  there  is  another  cause  which  may,  perhaps,  tend  to 
create  some  discontentedness.  No  man  likes  to  labor  for  a  contingency.  The  negroes  were 
necessarily  compelled  to  do  so,  because  the  farmers  were  poor  and  had  no  money  to  pay 
them.  They  wrere  consequently  employed  upon  the  contingency  of  receiving  a  portion  of 
the  crop ;  that  was  in  the  future,  and  the  negro  could  not  see  it.  That,  combined  with  a  dis 
trust  of  his  employer,  tended  to  make  the  negro  discontented ;  but  in  every  instance  where 
he  has  been  paid  his  wages  at  the  end  of  every  mouth  he  has  been  contented. 

Question.  Are  there  many  negroes  who  own  property,  real  or  personal  T" 

Answer.  There  are  a  great  many ;  I  cannot  say  what  per  centage. 

Question.  Do  any  of  them  own  farms  1 

Answer.  I  think  very  few  of  them  own  farms ;  it  was  not  permitted  much  under  the  old 
system. 

Question.  Are  you  aware  of  any  combination  among  the  white  proprietors  by  which  the 
negroes  are  prevented  from  becoming  the  purchasers  of  land  1 

Answer.  No,  sir. 

Question.  Do  you  know  of  any  combination  in  regard  to  the  employment  and  wages  of 
negroes  1 

Answer.  Not  in  my  district.  I  understood  there  was  in  the  lower  part  of  the  State ;  but, 
being  outside  of  my  district,  it  was  a  matter  about  which  I  did  not  inquire. 

Question.  Will  you  state  any  other  facts  which  occur  to  you  as  being  important  in  this 
connexion  1 

Answer.  I  do  not  know  but  I  have  been  over  the  whole  ground  pretty  nearly. 

Question.  What  military  force  have  you  now  in  Richmond  ? 

Answer.  They  have  just  taken  away  a  part  of  my  force,  and  that  is  one  reason  why  I 


6  .  RECONSTRUCTION. 

desire  to  go  back  immediately.  My  force  now  has  probably  been  reduced  to  about  rive 
hundred  troops. 

Question.  Stationed  in  Richmond? 

Answer.  Yes,  sir.  Just  in  proportion  as  we  have  withdrawn  from  the  control  of  civil 
affairs  have  the  people  expressed  their  discontent  and  contempt  publicly.  It  has  got  so  now 
that  actually  as  disloyal  speeches  are  made,  and  as  disloyal  articles  published  in  the  papers, 
as  ever  there  was  at  any  time;  and  that  is  increasing  just  iu  proportion  as  we  relax  our  con 
trol  and  authority. 

Question.  Do  you  not  perceive  among  the  whites  of  the  section  where  you  are.  a  deep 
sense  of  mortification  and  chagrin  at  the  fact  of  their  having  been  overcome  in  war?  Is  it 
not  a  deep-seated  and  very  bitter  feeling  of  disappointment  ? 

Answer.  Yes,  sir,  undoubtedly. 

Question.  And  of  mortified  pride? 

Answer.  They  have  a  very  deep  feeling  of  disappointment,  a  very  deep  feeling.  But  it 
never  struck  me  that  they  felt  it  as  we  would,  because  they  have  so  often  confessed  to  me 
what  was  unpleasant  for  me  to  hear,  what  I  did  not  wish  to  hear,  and  what  I  tried  to  re 
press  them  from  saying.  They  would  say  to  me,  "Well,  you  have  conquered  us;  we  are 
whipped."  Now,  I'think  if  a  man  of  generous  soul  felt  deq)  mortification  he  would  keep 
quiet  on  the  subject.  I  have  always  thought  that  their  feeling  of  mortification  was  more 
superficial  than  otherwise.  But  I  think  their  disappointment  was  very  great  in  not  attaining 
success.  Their  admissions  six  months  ago  were  much  more  general  and  much  more  candid 
than  they  are  now. 

Question.  Much  more  frank  ? 

Answer.  Yes,  sir.  Immediately  after  the  surrender  of  Lee's  army  at  Appomattox  I  was 
sent  to  Lynchburg  to  take  possession  of  that  city  ;  and  I  came  all  the  way  with  my  troops 
from  there  to  Richmond,  and  I  talked  with  a  great  many  people  in  the  country  and  in  the 
city,  and  it  was  my  conviction  at  that  time  that  the  people  were  disposed  to  accept  the  results 
of  the  war,  but  that  they  were  not  very  clear  as  to  what  those  results  were,  or  all  that  they 
involved.  If  some  of  their  own  people  had  stepped  forward  then  and  told  them  what  they 
would  have  to  do,  they  would  have  yielded  a  ready  acquiescence  to  almost  anything. 

Question.  What  is  your  profession? 

Answer.  I  have  never  had  any  profession  but  that  of  a  soldier. 

Question.  Were  you  educated  at  West  Point? 

Answer.  Yes,  sir. 

Question.  How  long  have  you  been  in  the  service  ? 

Answer.  Ten  years  last  June. 

Question.  What  is  your  age? 

Answer.  I  am  thirty-three  years  of  age. 


WASHINGTON,  January  31,  1S66. 
Judge  John  C.  Underwood  sworn  and  examined : 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  At  Alexandria,  Virginia. 

Question.  Are  you  a  native  of  that  State  ? 

Answer.  I  am  not. 

Question.  How  long  have  you  resided  in  the  State  of  Virginia  ? 

Answer.  About  twenty  years. 

Question.  What  official  position,  if  any,  do  you  now  occupj-  ? 

Answer.  I  am  the  United  States  district  judge  for  Virginia. 

Question.  How  long  have  you  held  that;  office? 

Answer.  About  three  years. 

Question.  During  that  time  in  what  portion  of  Virginia  have  you  resided? 

Answer.  In  Alexandria,  or  near  there. 

Question.  Will  you  state  how  the  war  has  left  matters  in  Virginia? 

Answer.  It  has  left  great  bitterness  of  feeling  between  those  who  are  loyal  and  those  who 
adhered  to  the  confederacy ;  and  I  think  that  bitterness  has  increased  within  the  last  two 
months.  It  certainly  has  in  Alexandria,  and  in  those  parts  of  the  State  with  which  I  am 
most  acquainted. 

Question.  Can  you  state  any  incident  that  has  occurred  within  your  district  as  evidence  of 
disloyal  feeling,  or  of  the  feeling  of  bitterness  to  which  you  have  referred? 

Answer.  I  will  mention  a  fact  that  came  under  my  official  observation  last  week.  A  Mr. 
Minor  F.  Davis  acted  as  a  guide  and  scout  for  the  Union  army  during  a  long  period  of  the 
war,  and  was  and  is  a  thoroughly  loyal  man.  He  was  imprisoned  in  Prince  William  county 
jail,  under  the  charge  of  larceny.  The  sheriff  who  held  him  was  a  rebel,  and  has  been 
recently  elected  sheritf  of  that  county.  Application  was  made  to  me  for  a  writ  of  habeas 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  7 

corpus,  the  affidavit  setting  forth  that  Davis  had  been  imprisoned  for  guiding  some  Union 
forces,  so  that  they  succeeded  in  capturing  a  band  of  guerillas  in  that  county,  some  fifteen 
or  twenty  in  number,  and  from  these  guerillas  their  horses  were  taken.  That  was  the  only 
act  of  which  Davis  was  accused.  The  affidavit  also  averred  that  the  sheriff  who  held  him  in 
custody  was,  at  the  time  Davis  rendered  this  assistance  to  the  Union  forces,  in  open  armed 
hostility  to  the  government ;  that  he  had  since  been  elected  sheriff  of  the  county.  I  issued 
the  writ,  and  Davis  has  been  discharged  from  custody.  About  the  time  my  marshal  got 
there  the  provost  marshal  got  there,  and  I  think  Davis  was  really  discharged  by  the  provost 
marshal. 

I  will  mention  this  fact  also:  under  decrees  of  confiscation  rendered  in  my  court,  sales  of1 
property  have  been  made.  Several  of  the  persons  who  became  purchasers  have  recently 
been  proceeded  against  in  the  State  courts — the  circuit  and  county  courts — by  way  of  eject 
ment,  in  order  to  put  the  old  parties  in  possession  of  the  property  thus  sold.  The  purchasers 
have  been  prosecuted  in  several  instances.  They  are  annoyed  in  that  way,  and  in  one  or 
two  instances  they  have  actually  been  ejected  by  the  local  authority  from  their  purchases. 

Question.  During  the  lifetime  of  the  original  owner  ? 

Answer.  Yes,  sir. 

Question.  That  is,  the  judgments  of  the  State  courts  have  overruled  the  judgments  of  your 
court  under  the  confiscation  act  of  Congress  ? 

Answer.  I  think  it  has  been  done  generally  by  some  evasion.  I  do  not  think  they  have 
done  it  in  direct  terms.  There  are  a  number  of  prosecutions  of  that  kind  now  pending,  and 
one  or  two  I  understand  have  been  decided.  But  I  do  not  know  the  precise  grounds  on 
which  the  decisions  have  been  rendered. 

Question.  Do  you  find  it  practicable  to  get  a  jury  of  loyal  men  in  your  court? 

Answer.  Not  unless  it  is  what  might  be  called  a  packed  jury.  I  do  not  believe,  from  what 
I  have  seen,  that  a  Union  man  could  expect  to  obtain  justice  in  the  courts  of  the  State  at 
this  time  ;  certainly  not  if  his  opponent  was  a  rebel.  The  bitterness  of  feeling  is  very  great, 
and  I  think  the  jury  would  be  at  least  nine-tenths  rebel,  and  the  influence  of  the  court  would 
be  the  same. 

Question.  Do  you  think  it  practicable  to  call  a  jury  in  Virginia  that  would  convict  a  man 
of  treason  ? 

Answer.  It  would  be  perfectly  idle  to  think  of  such  a  thing.  They  boast  of  their  treason, 
and  ten  or  eleven  out  of  the  twelve  on  any  jury,  I  think,  would  say  that  Lee  was  almost 
equal  to  Washington,  and  was  the  noblest  man  in  the  State,  and  they  regard  every  man  who 
has  committed  treason  with  more  favor  than  any  man  in  the  State  who  has  remained  loyal 
to  the  government. 

Question.  Do  you  refer  to  the  whole  State  ? 

Answer.  Yes,  sir. 

Question.  Would  those  prejudices  against  a  Union  man,  and  particularly  a  northern  man, 
operate  so  far  with  a  Virginia  jury  as  to  lead  them  to  deny  him  ordinary  justice  in  a  matter  of 
private  right  ? 

Answer.  I  think  they  might.  I  will  mention  this  fact :  there  was  a  native  of  Virginia  who 
was  a  paymaster  in  our  army.  In  I860  he  was  the  only  man  in  his  county  who  voted  for 
Mr.  Lincoln.  When  he  left  the  service  he  settled  his  accounts  in  a  most  satisfactory  manner. 
In  November  last  he  was  shot  down  and  killed  by  a  returned  rebel  surgeon  in  the  streets  of 
Alexandria.  Believing  that  it  would  be  utterly  impossible  to  prosecute  him  successfully  in 
the  State  courts,  I  applied  to  General  Augur  to  take  cognizance  of  the  case,  and  bring  the 
offender  to  trial.  But  the  general  told  me  that  the  State  having  been  so  recently  turned 
over  to  the  civil  authorities  he  did  not  feel  that  it  would  be  proper  tor  him  to  take  cognizance 
of  the  case ;  and  the  murderer  of  Major  Dixon  has  not  yet  been  punished,  but  is  still  at 
large. 

On  Christmas  day  there  was  a  riot  in  Alexandria,  in  which  one  negro  was  killed,  and  a 
number  of  others  were  seriously  wounded.  ]n  that  case  General  Augur  thought  it  proper  to 
institute  a  trial  of  the  offenders  by  military  commission,  and  they  are  now  undergoing  U'ial. 

I  mention  these  facts  to  show,  what,  in  my  judgment,  is  the  truth  of  the  matter,  that  the 
condition  of  the  loyal  white  man  in  Virginia  at  this  time  is  worse  even  than  the  condition  of 
the  colored  man,  inasmuch  as  the  colored  man  is  protected  by  military  authority,  while  the 
white  man  is  not.  Therefore  the  condition  of  the  colored  man  is  much  more  endurable  than 
that  of  the  loyal  white  man. 

Question.  What  is  the  feeling  among  the  people  of  Virginia  toward  the  freedmen  ?  State 
any  example  that  may  occur  to  your  mind  to  illustrate  that  feeling. 

Answer.  I  think  the  feeling  was  well  expressed  by  one  of  the  most  intelligent,  and,  I  may 
say,  one  of  the  most  candid  rebel  gentlemen  of  Alexandria.  We  were  engaged ^  in  friendly 
conversation  in  my  office  one  day,  in  the  course  of  which  conversation  he  remarked,  "  Sooner 
than  see  the  colored  people  raised  to  a  legal  and  political  equality,  the  southern  people 
would  prefer  their  total  annihilation."  I  had  regarded  him  as  well  informed,  and  almost  as 
candid  a  man  as  we  have  among  the  rebels. 

Question.  Have  you  heard  similar  expressions  from  white  persons  of  lower  condition  ? 

Answer.  Soon  after  the  Christmas  riot  in  Alexandria,  one  'man  remarked  to  me  that  he 
"would  kill  a  nigger  as  soon  as  he  could  see  him."  I  think  the  first  man  expressed  the 


8  RECONSTRUCTION. 

sentiment  of  the  educated ;  the  last  expressed  the  sentiment  of  the  vulgar  and  uneducated,  espe 
cially  of  the  returned  rebel  soldiers. 

Question.  Have  you  any  reason  to  suppose  that  there  has  been  and  still  is  any  concert  or 
conspiracy  among  the  freedmen  to  produce  disturbances  in  the  State  of  Virginia,  to  seize  the 
lands  of'their  masters,  or  do  any  other  illegal  act  to  the  prejudice  of  society  or  of  individuals  ? 

Answer.  I  am  confident  there  is  no  such  design.  I  certainly  know  the  sentiment  of  the 
leading  colored  men  there.  I  am  president  of  the  Freedmen's  Relief  Association  of  Alexan 
dria,  and  I  have  had  intercourse  with  the  leading  colored  men  upon  various  subjects,  churches, 
schools,  &c.,  and  I  have  contributed  as  liberally  as  I  could  to  the  building  of  school-houses 
and  churches  for  the  colored  people,  and  I  think  I  have  their  confidence. 

Question.  Have  you  any  ground  to  suppose  that  any  such  concert  or  conspiracy  exists  or 
has  existed  ? 

Answer.  I  am  satisfied  no  such  conspiracy  has  ever  existed  ;  on  the  contrary,  I  have  found 
those  people  very  peaceful  and  law-abiding. 

Question.  Do  you  suppose  this  disposition  on  the  part  of  the  whites  pervades  the  State 
of  Virginia  generally  ? 

Answer.  I  think  it  does.  And  I  think  the  principal  reason  for  it  is  the  assistance  the  ne 
groes  rendered  the  Union  cause  during  the  rebellion.  When  I  was  holding  court  at  Rich 
mond  recently,  I  had  a  conversation  with  one  of  the  leading  men  in  that  city,  and  he  said  to 
me  that  the  enlistment  of  negro  troops  by  the  United  States  was  the  turning-point  of  the 
rebellion ;  that  it  was  the  heaviest  blow  they  ever  received.  He  remarked  that  when  the 
negroes  deserted  their  masters,  and  showed  a  general  disposition  to  do  so  and  join  the  forces 
of  the  United  States,  intelligent  men  everywhere  saw  that  the  matter  was  ended.  I  have 
often  heard  a  similar  expression  of  opinion  from  others,  and  I  am  satisfied  that  the  origin  of 
this  bitterness  towards  the  negro  is  this  belief  among  leading  men  that  their  weight  thrown 
into  the  scale  decided  the  contest  against  them.  However  the  fact  may  be,  I  think  that  such 
is  a  pretty  well  settled  conclusion  among  leading  rebels  in  Virginia. 

Question.  Have  you  any  knowledge  of,  or  any  reason  to  suspect  the  existence  of,  a  con 
spiracy  or  plan  in  Virginia  or  elsewhere  in  the  rebel  States  to  reopen  the  war  or  to  set  up 
another  rebellion  ? 

Answer.  I  have  not.  On  the  contrary,  although  they  are  now  quite  as  rebellious  in  spirit 
as  they  have  been  at  any  time,  I  believe  their  present  design  is  to  attempt  to  accomplish 
their  purpose  through  the  ballot-box. 

Question.  What  is  then-  scheme  ?     What  is  their  idea  ? 

Answer.  I  think  I  understand  their  scheme.  I  think  it  is  their  expectation  that  there  will 
be  some  split  in  the  Union  party,  which  will  enable  them,  in  concert  with  the  democratic 
party  of  the  north,  to  succeed  by  voting  better  than  by  fighting. 

Question.  Let  me  put  a  hypothetical  case  to  you.  Suppose  that  by  means  of  a  combina 
tion  with  the  so-called  democratic  party,  alias  copperhead  party,  alias  conservative  party, 
they  should  again  obtain  political  power  in  Congress,  and  in  the  executive  department ; 
suppose  this  to  be  the  result  of  a  combination  between  the  ex-rebel  party  in  the  south  and 
this  so-called  democratic  party  in  the  north ;  what  would  be  the  effect  of  that  ascendency 
upon  the  rebel  States  1  What  measures  would  they  resort  to  ? 

Answer.  They  would  attempt  either  to  accomplish  a  repudiation  of  the  national  debt,  or 
an  acknowledgment  of  the  confederate  debt,  and  compensation  for  their  negroes.  I  think 
these  would  be  their  leading  measures,  their  leading  demands  ;  and  I  think  if  either  the  rebel 
debt  could  be  placed  upon  an  equality  with  the  national  debt,  or  both  could  be  alike  repu 
diated,  they  would  be  satisfied.  But  the  leading  spirits  would  claim  compensation  for  their 
negroes,  and  would  expect  to  get  it  by  such  a  combination. 

Question.  Suppose  they  should  not  succeed  in  their  scheme  of  repudiating  the  national  debt, 
or  in  their  other  scheme  of  the  assumption  of  the  rebel  debt ;  what  would  they  finally  do,  pro 
vided  they  had  the  power  ? 

Answer.  If  they  had  the  power  they  would  undoubtedly  again  go  out  of  the  Union,  because 
being  aristocratic  and  not  republican  in  their  tastes  and  feelings,  they  would  greatly  prefer 
some  other  form  of  government.  I  have  for  twenty  years  past  known  that  that  was  the 
feeling  among  the  leading  men.  I  think  they  always  would  have  preferred  an  aristocratic 
government  to  any  other. 

Question.  What  degree  of  cordiality  exists  generally  among  the  people  of  Virginia  towards 
northern  men  and  loyal  people  ? 

Answer.  There  seems  to  be  an  almost  total  separation,  socially,  politically,  religiously, 
and  educationally.  For  instance,  we  have  five  Union  churches  and  five  churches  which  are 
recognized  as  rebel  churches  in  the  city  of  Alexandria — all  white  churches ;  and  then  we 
have  six  colored  churches  there,  that  are  intensely  loyal ;  and  there  is  hardly  ever  an  instance 
where  a  man  of  one  political  feeling  goes  to  a  church  of  a  different  political  belief.  I  do  not 
know  of  half  a  dozen  instances  in  Alexandria. 

Question.  How  are  weB-bred  northern  men  treated  by  the  rebels  when  they  visit  Alexan 
dria  or  other  parts  of  Virginia  7 

Answer.  I  do  not  know  that  they  are  treated  at  all ;  they  are  simply  let  alone,  according  to 
my  impression.  I  do  not  think  they  are  treated  offensively.  The  Union  element  is  very  con 
siderable  in  Alexandria — enough  so  to  be  respected. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  9 

i 

Question.  There  is  no  disposition  to  form  social  alliances  or  acquaintance  with  them  on 
the  part  of  the  rebels  ? 

Answer.  The  separation  is  very  pronounced  indeed. 

Question.  They  are  rather  disposed  to  be  a  separate  people  ? 

Answer.  It  would  seein  so,  at  all  events.  Past  recollections  seem  to  be  very  controlling  in 
their  social  relations. 

Question.  What,  in  your  judgment,  has  been  the  effect  of  the  liberality  exercised  by  the 
President  of  the  United  States  in  granting  pardons  and  amnesties  to  the  rebels  of  Virginia  1 

Answer.  Well,  to  say  the  least,  they  have  in  most  instances  been  ungrateful. 

Question.  Has  that  liberality  and  kindness  of  the  President  rather  increased  than  dimin 
ished  the  respect  and  regard  of  the  rebel  community  for  the  government  of  the  United  States  ? 

Answer.  I  think  it  has  encouraged  their  hopes  of  ultimate  success  in  obtaining  power  in 
this  government,  and  that  or  some  other  cause  has  increased  their  vindictiveiiess  towards 
Union  men,  and  their  ill  treatment  of  them.  I  think  that  has  been  the  cause. 

Question.  Do  you  think  that  has  been  one  of  the  causes  of  the  increased  malignity  of  the 
rebels  towards  Union  men? 

Answer.  I  think  it  has  been. 

The  examination  of  the  witness  was  here  suspended  ;  but  subsequently  resumed  on  the 
same  day,  and  concluded  as  follows  : 

By  Mr.  HOWARD  : 

Question.  State  whether  you  are  a  member  elect  of  the  Senate  of  the  United  States  ? 

Answer.  I  have  been  elected  by  the  legislature  of  Virginia  to  the  long  term  in  the  Senate. 

Question.  When  were  you  elected  ? 

Answer.  I  was  elected  about  a  year  ago  to  fill  the  vacancy  about  to  occur  in  the  Senate  by 
the  retirement  of  Mr.  Carlile,  for  six  years. 

Question.  State  what  is  your  own  feeling  in  regard  to  the  readrnission  of  the  rebel  States 
into  the  Union  ;  I  wish  you  to  make  a  clean  breast  of  it. 

Answer.  Of  course  I  have  a  strong  personal  interest  in  the  admission,  at  least,  of  members 
of  Congress  elect ;  but  that  is  entirely  overpowered  by  the  conviction  that  the  immediate  ad 
mission  of  the  southern  States  would  produce  unpleasant  consequences.  I  fear  that  it  would 
be  fatal  to  the  peace  of  the  country. 

Question.  What  is  the  general  feeling  among  the  Virginians  in  regard  to  negro  suffrage  in 
that  State  ? 

Answer.  I  think  the  loyal  men,  who  I  suppose  do  not  amount  to  anything  like  one-fourth 
of  the  white  people,  are  in  favor  of  it.  The  loyal  men  are,  so  far  as  I  know,  almost  invaria 
bly  in  favor  of  equal  suffrage. 

Question.  Would  they  limit  the  right  of  suffrage  by  any  qualification  ? 

Answer.  I  think  there  is  some  difference  of  opinion  on  that  subject  among  the  loyalists. 
Some  would  prefer  to  see  it  limited,  either  by  educational  or  property  qualifications,  or  by 
service  in  the  army  of  the  United  States  ;  I  have  heard  that  opinion  expressed  frequently. 

Question.  Would  they  generally  prescribe  a  property  qualification  ? 

Answer.  I  think  that  is  not  so  generally  favored  as  either  of  the  others — either  education 
or  military  service.  But  I  have  heard  some  say  that  they  would  like  a  property  qualification; 
that,  however,  they  would  like  to  see  applied  as  -s\ell  to  whites  as  to  blacks.  At  present  we 
have  no  property  qualification. 

Question.  The  mode  of  voting  in  Virginia— has  it  not  been,  under  her  law,  for  ages,  twa 
voce! 

Answer.  It  has  been. 

Question.  Not  by  ballot  ? 

Answer.  No,  sir. 

Question.  How  do  the  rebels  feel  in  regard  to  negroes  voting — I  mean  those  who  have  been 
rebels  ? 

Answer.  Well,  sir,  I  think  they  are  nearly  unanimous  in  their  opposition  to  it. 

Question.  In  case  the  right  of  suffrage  should  be  given  to  the  negroes  there,  is  it  likely 
that  there  will  be  outrages  and  disturbances  of  the  public  peace,  scenes  of  violence  and  riot  ? 

Answer.  I  think  that  some  bad  men  might  perhaps  assault  negroes  when  they  come  to  the 
polls  ;  I  think  it  probable  that  there  would  be  instances  of  that  kind,  but  I  do  not  apprehend 
anything  very  serious. 

Question.  Would  the  rebels  themselves,  if  in  authority  as  municipal  officers,  preserve  the 
peace  with  alacrity  and  defend  the  negro  1 

Answer.  Well,  sir,  prejudice  is  strong  against  the  negro,  because  they  regard  him  as  hav 
ing  turned  the  scale  against  them ;  I  think  that  is  a  very  prevailing  notion  now,  that  the 
negro  turned  the  scale  against  the  rebels.  His  adherence  to  the  Union  cause,  and  his  deser 
tion  of  the  master,  naturally  produce  an  unkind  feeling  against  him.  That  feeling  is  not  uni 
versal.  I  must  do  some  of  my  rebel  acquaintances  the  justice  to  say  that  they  consider  that 
the  negro  was  justified  in  the  course  he  took  ;  that  it  was  human  nature  to  strike  for  freedom. 

Question.  In  case  of  hostilities  between  the  United  States  and  one  of  the  first-rate  Euro 
pean  powers,  is  it  your  opinion  that  the  masses  of  the  people  of  Virginia  would  stand  firmly 


1 0  RECONSTRUCTION. 

by  the  government  of  the  United  States  and  defend  it  against  foreign  invaders  and  foreign 
hostilities  ? 

Answer.  I  think  their  hostility  to  the  conquerors,  as  they  call  them,  the  Yankees — which 
means  everybody  from  the  north — is  greater  than  it  is  to  almost  any  foreign  power,  and  they 
would  prefer  to  be  associated  with  any  respectable  European  power,  rather  than  have  their 
present  compulsory  association  with  their  conquerors. 

Question.  I  infer  from  your  answer  that  there  would  be  danger  of  their  adhering  to  the 
enemies  of  the  country  ? 

Answer.  I  fear  there  would  be  danger  of  that  if  they  felt  it  would  be  safe. 

Question.  If  they  thought  that  it  would  give  them  an  occasion  to  escape  from  the  govern 
ment  of  the  United  States,  would  they  or  not  avail  themselves  of  it  1 

Answer.  I  think  most  of  them  would  ;  I  think  their  tastes  and  habits  and  feelings  are  all 
aristocratic,  and  that  they  would  prefer  an  aristocracy,  or  even  a  monarchy,  to  a  republican 
government.  I  speak  of  the  leaders — those  who  took  the  States  as  they  say,  out  of  the  Union* 

Question.  During  the  civil  war  has  there  been  any  considerable  feeling  among  the  Virgin 
ians  in  favor  of  establishing  a  monarchy  in  the  confederacy  ? 

Answer.  I  of  course  had  no  association  writh  the  leaders  during  the  rebellion ;  we  were 
separated  by  two  lines  of  bayonets,  and  I  could  not  speak  as  to  that. 

Question.  Speak  according  to  the  best  information  you  have  derived  at  that  time  or  since. 

Answer.  I  know  that  many  of  them  would  prefer  what  they  would  call  a  strong  govern 
ment — an  aristocracy,  a  government  of  the  wisest,  of  the  property-holders,  of  the  intelligent, 
as  they  would  say — to  a  government  of  the  rabble  of  the  people.  I  know  that  that  is  a  very 
prevailing  opinion ;  I  have  conversed  with  leading  men  on  the  subject. 

Question.  What  is  the  standing  at  present  among  Virginians  of  Jefferson  Davis,  in  point 
of  popularity  ? 

Answrer.  He  is  not  as  popular  a  man  as  General  Lee  by  any  means.  He  is  regarded  as 
their  representative  man,  but  I  know  that  he  is  not  really  as  highly  esteemed  as  some  others 
at  the  south.  There  are  those  who  are  strongly  opposed  to  him  at  Richmond  ;  some  of  tlie 
newspapers  there  were  very  hostile,  particularly  the  Richmond  Examiner. 

Question.  What  are  some  of  the  principal  defects  in  his  administrative  career  ? 

Answer.  I  think  they  have  complained  of  his  want  of  firmness,  as  they  called  it,  and  his 
leniency  towards  prisoners,  more  than  anything  else.  I  have  heard  that  spoken  of ;  I  have 
heard  them  accuse  him  of  selfishness ;  and  a  variety  of  defects  are  alleged  against  him  by 
his  opponents.  He  certainly  is  not  as  popular  as  General  Lee. 

Question.  Could  either  be  convicted  of  treason  in  Virginia? 

Answer.  Oh,  no  ;  unless  you  had  a  packed  jury. 

Question.  Could  you  manage  to  pack  a  jury  there  ? 

Answer.  I  think  it  would  be  very  difficult,  but  it  could  be  done  ;  I  could  pack  a  jury  to 
convict  him ;  I  know  very  earnest,  ardent  Union  men  in  Virginia. 

Question.  Do  you  think  of  any  other  matters  that  you  deem  it  necessary  to  mention  on 
this  examination  ? 

Answer.  I  do  not  know  that  I  do.  I  know  a  man  named  Joseph  Stiles  who  acted  as  a 
scout  in  Virginia,  and  who  has  since  been  indicted  for  assisting  the  forces  of  the  United  States 
in  taking  horses  belonging  to  guerillas.  That  is  treated  as  horse-stealing  in  the  State  courts 
of  Virginia. 


WASHINGTON,  January  31,  1866. 
Lewis  MoKenzie  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  You  reside  in  Alexandria  ? 

Answer.  Yes,  sir ;  I  was  born  there,  and  have  always  lived  there. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  a  merchant,  and  I  was  a  representative  in  the  general  assembly  of  Virginia 
for  three  sessions.  I  was  in  the  assembly  that  called  the  convention  of  1861.  I  have  been 
elected  to  Congress  twice;  but  they  never  gave  me  a  seat. 

Question.  You  were  not  a  member  of  the  insurgent  legislature  of  Virginia  ? 

Answer.  I  was  a  member  of  the  legislature  that  called  the  convention  of  1861. 

Question.  That  was  a  loyal  legislature  ? 

Answer.  A  majority  of  the  body  were  not  loyal. 

Question.  Have  you  served  in  any  legislatures  of  Virginia  since  1861? 

AnsAver.  Oh,  no,  sir;  I  left  the  general  assembly  on  the  4th  of  April,  1861.  We  ad 
journed  that  day  sine  die.  , 

Question.  How  extensive  is  your  acquaintance  throughout  the  commonwealth  of  old  Vir 
ginia? 

Answer.  I  am  pretty  well  acquainted  throughout  the  commonwealth.  I  am  president  of 
the  London  and  Hampshire  railroad,  and  if  abuse  of  me  in  the  disloyal  papers  is  evidence 
of  acquaintance  with  the  people,  there  can  be  very  little  doubt  of  it. 


VIEGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  11 

Question.  In  general  terms,  \vhat  is  the  state  of  feeling  among  the  rebel  people  of  Vir 
ginia  towards  the  government  of  the  United  States  ? 

Answer.  I  will  tell  you.  President  Lincoln  sent  me  a  pass  to  go  to  Richmond  two  or 
three  days  before  his  unfortunate  murder.  I  went  down  to  Richmond,  and  was  in  Richmond 
when  the  news  of  the  massacre  came.  I  thought  the  temper  of  the  people  was  really  hum 
ble.  They  seemed  to  be  humble  and  rather  kindly  disposed,  and  when  the  news  came  of 
the  death  of  Mr.  Lincoln  it  created  a  very  great  sympathy.  Although  they  were  whipped, 
still  they  were  trembling  in  their  shoes  from  an  apprehension  that  Mr.  Johnson,  whom  they 
despised  as  a  southern  Union  man,  would  execute  his  purpose,  so  often  indicated  before, 
during,  and  since  the  wrar,  in  reference  to  the  punishment  due  to  traitors.  I  thought  that 
the  people  were  getting  kindly  disposed  towards  the  government,  and  had  made  up  their 
minds  that  Mr.  Lincoln  was  a  much  better  man,  more  kindly  disposed  towards  them  than 
they  ought  to  have  expected  under  the  circumstances,  and  were  satisfied  that  their  State  gov 
ernment  would  be  restored ;  still  I  know  there  was  a  great  deal  of  bitterness  towards  the 
government  of  the  United  States.  /I  stayed  there  a  week,  (this  was  in  April,  1865.)  I  was 
anxious  for  Governor  Peirpoint's  government  to  be  sustained,  and  I  did  all  I  could  to  open 
the  door  for  him.  I  went  down  partly  for  that  purpose.  I  found  a  very  great  unwillingness 
on  the  part  of  the  people  ;  but  still,  before  I  left,  they  found  there  was  no  hope  of  anything 
else,  and  they  finally  concluded  that  it  would  be  better  for  Peirpoint  to  come  there.  He  did 
not  come  for  some  time  after  ;  he  stayed  in  Alexandria  waiting  for  movements  on  the  part  of 
the  President  and  others.  I  went  to  Richmond  shortly  after  Governor  Peirpoint,  and  I  found 
the  former  enemies  of  the  government  coming  in  crowds  to  the  governor  to  advise  him  that, 
under  the  Alexandria  constitution,  it  would  be  impossible  to  organize  a  legislature.  They 
were  anxious  for  rapid  reconstruction,  and  for  the  removal  of  the  test  oath  and  other  restric 
tions  upon  the  eligibility  to  office  contained  in  the  Alexandria  constitution,  which  were  great 
stumbling-blocks  to  the  former  enemies  of  the  government ;  and  I  thought  the  best  thing  he 
could  do  was  to  call  the  legislature  together  if  he  could  only  get  ten  loyal  men,  and  if  he 
could  get  even  one  or  two  or  three  more  every  year,  so  as  to  organize  a  State  government, 
but  at  any  rate  that  it  should  be  organized  upon  a  Union  basis.  After  leaving  Richmond  I 
heard,  when  going  down  the  James  river,  that  Governor  Peirpoint  had  called  the  members 
of  the  general  assembly  together,  and  when  I  got  to  Alexandria  I  found  the  call  in  the  hands 
of  some  of  the  people.  It  struck  me  with  great  surprise.  When  that  legislature  went  to 
Richmond  they  altered  the  constitutional  provisions  in  such  a  manner  that  I  found  that  the 
loyal  men  of  the  State  were  to  be  totally  sacrificed  and  turned  over  to  the  power  of  the  se 
cessionists.  Still  I  had  some  hope  that  the  people  would  be  favorably  inclined  towards  the 
government,  and  that  the  kindness  shown  to  them  by  the  Executive  would  probably  have  a 
good  effect.  A  great  many  people  called  upon  me  to  recommend  their  pardons,  and  I,  hav 
ing  been  somewhat  of  a  prominent  man  in  that  part  of  the  State,  recommended  a  great  many 
for  pardon,  and  the  pardons  were  obtained ;  but  I  am  sorry  to  say,  from  my  experience  of 
things,  that  this  policy  has  not  had  a  good  effect.  I  am  satisfied  that  the  indiscriminate 
pardoning  system  adopted  by  the  President  has  produced  a  very  bad  effect,  and  that  the 
State  of  Virginia  is  in  a  worse  condition  now  than  it  was  last  April.  That  has  grown  out  of 
two  facts  which  were  the  cause  of  all  our  troubles  during  the  war.  One  is  this  :  start  from 
Alexandria  or  Washington  or  Baltimore,  and  go  down  the  bay,  and  through  the  south,  and 
you  find  the  New  York  Daily  News  and  the  Baltimore  Daily  Gazette — rabid  secession  pa 
pers — in  circulation  at  every  point,  and  all  over  the  State.  There  is  scarcely  a  secessionist 
in.  Alexandria  or  along  the  line  down  to  Tennessee  who  does  not  have  these  papers.  Then 
we  have  the  disloyal  sheets  of  Virginia ;  and  the  minds  of  the  people  are  poisoned  and  dis 
affected  in  that  way.  It  was  so  during  the  war,  and  it  is  still  kept  up.  In  Alexandria  one 
of  the  newspaper  sellers  tells  me  that  he  sells  ten  copies  of  the  Tribune,  five  copies  of  the 
Times,  one  hundred  and  fifty  copies  of  the  Herald,  and  two  hundred  and  fifty  copies  of  the 
News,  and  the  numbers  run  all  along  in  that  way. 

Question.  These  two  papers,  the  New  York  News  and  Baltimore  Daily  Gazette,  are  under 
stood  to  be  what  kind  of  papers  ? 

Answer.  The  meanest,  awfulest  secession  papers,  unfriendly  to  the  government,  and  the 
people  are  constantly  plied  with  that  kind  of  fuel.  It  seems  to  me  that  there  are  twice  as 
many  papers  in  the  State  since  the  war  as  there  were  before;  so  that  under  such  influences  I 
do  not  wonder  that  the  people  are  unfriendly  to  the  government.  Then  they  have  been 
spoiled  and  ruined  also  by  the  policy  of  the  President  of  the  United  States. 

Question.  What,  in  your  judgment,  has  been  the  effect  of  the  so-called  liberal  policy  of  the 
President  of  the  United  States  in  extending  pardons  and  amnesty  to  rebels  1 

Answer.  Decidedly  unfavorable. 

Question.  Unfavorable  to  what  ? 

Answer.  Unfavorable  to  the  cause  of  the  Union  and  to  the  restoration  of  the  Union  senti 
ment  in  the  State.  I  hav^  no  doubt  about  it.  I  am  sorry  to  say  ,it,  because  these  people 
were  friends  of  mine. 

Question.  What  opinion  or  feeling  does  that  liberality  seem  to  create  among  the  people 
there? 

Answer.  A  feeling  of  contempt.  It  grows  out  of  the  fact  that  these  people  have  been 
treated  better  than  they  expected ;  that  has  had  its  effect.  Then  they  are  constantly  influ- 


12  RECONSTRUCTION. 

enced  by  the  hope  that  their  disloyal  members  will  get  into  Congress,  and  they  expect  to 
form  a  coalition  with  the  northern  democrats  and  copperheads. 

Question.  Suppose  they  get  the  ascendency ;  what  will  they  do  ? 

Answer.  They  will  repudiate  the  public  debt ;  that  is  what  they  will  do ;  that  is  what  they 
want  to  do.  In  Georgia,  South  Carolina,  and  North  Carolina,  when  the  people  sell  their 
cotton  for  greenbacks,  they  go  right  to  the  broker's  office  and  buy  gold  for  the  greenbacks, 
paying  four  per  cent,  more  than  gold  is  worth  in  the  New  York  market ;  they  do  this  because 
they  have  no  confidence  in  the  United  States  government ;  they  say  it  will  be  the  same  again 
as  it  has  been,  and  after  they  will  have  saved  two  or  three  cotton  crops  you  will  find  that 
two-thirds  of  the  specie  of  the  country  will  be  in  the  cotton  States.  My  own  opinion  is  that 
they  are  waiting  and  hoping  for  a  restoration  of  the  Bourbons  in  1863. 

Question.  By  the  Bourbons  you  mean  the  copperhead  party  ? 

Answer.  Yes,  sir ;  I  mean  the  copperhead  party  of  the  north  and  the  secession  party  of  the 
south,  who  are  brethren ;  of  course  they  always  were  brethren ;  I  have  a  perfect  horror  of 
them  myself;  but  I  would  not  do  any  injustice  to  the  people  ;  still,  that  is  God's  truth. 

Question.  Suppose  they  succeed  in  reaching  that  point  of  ascendency  in  the  government  of 
the  United  States ;  what  do  those  men  in  Virginia  propose  to  do  now — go  out  of  the  Union,  or 
to  have  another  civil  war  ? 

Answer.  No,  sir. 

Question.  What  are  they  going  to  do  ? 

Answer.  They  expect  to  take  possession  of  the  government  of  the  United  States.  Let 
them  have  a  majority  to-day  and  they  will  soon  let  you  see  what  they  will  do.  They  will 
join  with  Fernando  Wood  and  those  gentlemen  of  the  north,  and  will  form  a  party  to  repudiate 
the  national  debt ;  they  will  not  pay  the  interest  on  the  public  debt ;  and  suppose  there 
should  be  a  war  bctwee'n  the  United  States  and  Mexico,  you  would  get  but  few  men  to  assist 
you  from  Virginia  to  the  Texas  line. 

Question.  You  are  speaking  now  from  your  own  observation  ? 

Answer.  From  what  I  see  going  on  now ;  and  what  you  see  in  Virginia  is  pretty  much  the 
same  everywhere  else.  You  might  meet  occasionally  a  gentleman  who  feels  kindly  disposed 
towards  the  government,  but  there  are  very  few  Union  men  in  the  south. 

Question.  In  your  opinion  what  proportion  of  truly  loyal  men  are  there  in  Virginia  ? 

Answer.  The  district  where  I  was  a  candidate  runs  from  Frederick  down  to  Prince  William, 
and  embraces  the  counties  of  Frederick,  Warren,  Shenandoah,  Fauquier,  Alexandria,  Fairfax, 
Prince  William,  &c.,  I  think  eleven  counties  in  all.  I  had  supposed  from  the  kindness  I 
had  exhibited  to  that  people  all  along  that  they  would  have  given  me  a  tolerably  decent  vote. 
I  was  born  in  the  State  and  have  always  lived  in  the  State.  I  used  to  beat  everybody  in 
my  district  for  the  legislature ;  and  before  the  war,  I  was  a  tolerably  popular  fellow,  because 
I  was  an  industrious  man  and  worked  pretty  hard.  I  got  about  1,900  votes  in  the  district, 
and  I  was  beaten  about  3,000  by  a  secessionist.  The  county  of  Frederick  did  very  well, 
giving  me,  perhaps,  600  votes.  I  got  a  tolerably  decent  vote  in  Loudon  county,  400  perhaps, 
and  about  400  in  Alexandria.  I  think  that  in  the  county  of  Fauquier,  Billy  Smith's  counfy, 
I  got  only  nineteen  votes ;  that  is  the  South  Carolina  of  Virginia.  These  people  would  not 
vote  for  me  because  I  was  a  Union  man ;  of  course  they  would  not ;  they  told  me  openly  at 
the  polls  that  they  did  not  intend  to  vote  for  anybody  who  was  a  Union  man.  There  are 
some  very  good  Union  men  in  the  State,  but  they  were  to  be  found  among  the  masses  of  the  peo 
ple  chiefly ;  mostly  hard-working  Union  men ;  for  instance,  in  the  town  of  Winchester  there  are 
very  respectable,  sensible,  hard-working  men,  who  are  Union  men,  and  you  will  find  that  pretty 
much  all  the  Union  men  are  of  the  middle  class  of  people ;  but  there  is  no  hope  in  the  Union 
men  of  Virginia.  I  had  hoped  myself  that  the  rebels  would  have  left  the  State,  would  have 
gone  to  Minnesota,  Iowa,  Illinois,  or  to  Mexico,  and  that  their  places  would  be  supplied  with 
honest,  industrious  northern  settlers  ;  but  the  rebels  are  coming  right  back,  and  I  do  not  see  any 
hope  in  the  world  for  the  Union  men  without  the  immediate  aid  of  Congress  or  the  President. 
I  do  not  know  what  is  to  become  of  them.  We  had  a  meeting  at  Alexandria  the  night  before 
last,  and  we  are  going  to  memorialize  Congress  to  put  Virginia  in  a  territorial  condition.  I 
do  not  know  whether  Congress  will  have  the  power  to  do  that,  and  I  suppose  the  President 
will  be  opposed  to  it.  The  proposition  is  pretty  radical,  but  the  evil  reqtiires  a  radical  cure. 
The  difficulty  about  the  provisional  government  is  simply  this  :  We  have  had  experience  of 
it  in  Governor  Peirpoint ;  that  gentleman  did  as  well  as  he  could  under  the  circumstances. 
If  you  put  a  provisional  governor  there,  the  same  people  who  control  Governor  Peirpoint  will 
have  the  control.  You  have  got  to  commence  at  the  foundation  and  build  up.  This  is  my 
opinion  about  it ;  it  is  the  unanimous  opinion  of  pretty  much  all  the  Union  men  of  Alexan 
dria,  and  it  is  going  to  be  the  opinion  ot  the  Union  men  throughout  Virginia. 

Question.  How  do  the  rebels  in  the  neighborhood  feel  towards  the  freedmcn  ? 

Answer.  The  Union  whites  treat  them  remarkably  well ;  they  are  paying  them  fair  wages. 
In  I860  and  1861 1  was  a  large  merchant  in  Alexandria,  shipping  a  very  large  amount  of  goods, 
and  I  have  had  to  do  with  negroes  all  my  life.  The  price  of  labor  in  Virginia  then  for  field- 
hands  was  $1^0  to  $130  a  year,  and  $70  a  year  for  a  woman.  In  addition  to  that  the  master, 
who  hired  them,  furnished  them  with  clothes,  provisions,  house,  and  fuel,  and  at  Christmas 
the  bond  was  paid  for  his  wages.  That  was  after  the  price  of  cotton  had  advanced,  and 
when  the  negroes  had  advanced  in  South  Carolina  to  $1,000  and  $1,500.  Now,  at  the  close 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  13 

of  the  war,  employers  are  only  -willing  to  pay  these  people  from  six  to  seven  or  eight  dollars  a 
month,  or  a  hundred  dollars  a  year,  out  of  which  these  laboring  people  have  to  buy  their 
clothes  and  pay  their  doctors'  bills,  while  the  price  of  clothing  is  double  what  it  was  in  I860. 
I  employed,  three  months  ago,  from  eighty  to  a  hundred  of  these  freedmeu  to  work  on  land 
I  have  got  this  side  of  Drainesville.  They  came  in  at  Christmas,  when  I  paid  them  their 
wages.  I  give  them  seventy-five  cents  a  cord  for  cutting  pine  wood,  and  supply  them  with 
a  month's  provisions  in  advance.  They  all  work  cheerfully  and  pleasantly.  They  went 
back  after  Christmas,  and  have  remained  there  ever  since.  There  is  no  difficulty  about  the 
freedmen  working,  but  they  work  better  for  gentlemen  who  treat  them  kindly  than  they  work 
for  rough  people.  If  you  pay  them  and  treat  them  kindly  there  is  no  difficulty  about  the  ne 
gro  working.  The  only  difficulty  about  it  is  with  overseers  who  become  proprietors,  and  be 
tween  whom  and  the  colored  race  there  is  a  natural  antagonism.  That  is  the  trouble  I  appre 
hend  about  all  this  affair.  These  people  and  the  miserable  newspapers  will  destroy  the  col 
ored  people  finally.  My  own  opinion  is,  that  whenever  the  day  comes  for  colored  men  to 
vote,  they  will  vote  for  nobody  but  gentlemen.  They  are  not  going  to  vote  for  pot  house 
politicians.  It  will  be  the  most  conservative  vote  ever  given. 

Question.  What  is  the  disposition  of  the  freedmen  in  your  neighborhood  in  regard  to  edu 
cation  ? 

Answer.  They  are  very  smart ;  very  anxious  for  education. 

Question.  Eager  for  education  ? 

Answer.  Very  much  so. 

Question.  Are  there  any  facilities  for  going  to  school  ? 

Answer.  Oh,  yes ;  there  are  a  good  many  free  schools  in  Alexandria. 

Question.  What  is  the  feeling  of  the  whites  generally  in  regard  to  the  education  of  the  col 
ored  people  ? 

Answer:  The  rebels  are  not  in  favor  of  it ;  they  are  opposed  to  it. 

Question.  What  is  the  feeling  of  that  class  of  people  in  regard  to  negroes  voting? 

Answer.  They  are  very  much  opposed  to  it.     They  think  it  a  very  great  outrage. 

Question.  In  case  the  negro  should  be  allowed  to  vote,  how  would  he  be  treated  at  the  polls 
in  voting  ? 

Answer.  I  reckon  if  the  darkies  ever  get  to  vote  some  of  these  fellows  will  want  their  votes, 
but  they  will  not  get  them.  I  reckon  there  will  be  no  difficulty  on  that  head ;  but  I  do  not 
think  it  would  do  to  remove  the  Freedmen's  Bureau  from  Virginia  at  present. 

Question.  What  would  be  the  effect  of  that  removal  ? 

Answer.  It  would  be  very  disastrous  to  the  colored  people. 

Question.  Would  it  not  have  the  effect  of  reducing  them  to  a  condition  worse  even  than 
slavery  itself? 

Answer.  I  do  not  know  about  that.  I  am  not  prepared  to  say.  The  effect  would  be  very 
injurious,  and  I  think  it  would  be  very  unsafe  to  do  so. 

Question.  Has  not  a  bill  passed  the  senate  of  Virginia  requiring  a  five  years'  residence  in 
the  State  before  a  person  can  vote  ? 

Answer.  The  bill  has  not  passed.  It  was  reported  by  committees  of  both  houses ;  but  I 
think  the  legislature  got  alarmed  about  it.  and  has  put  back  the  provision  of  the  old  law  re 
quiring  a  two  years'  residence.  The  object  of  the  five  years'  limitation  was  to  prevent 
northern  people  from  voting  there,  and  to  keep  the  power  in  their  own  hands.  They  have 
taken  our  Alexandria  charter  away  pretty  much,  merely  to  get  power  in  their  hands ;  and 
that  is  the  fear  I  have  about  this  Congress. 

Question.  They  do  not  intend  to  permit  any  immigration  from  the  north? 

Answer.  They  do  hot  want  northern  immigrants  to  vote  there  anyhow,  and  do  not  want 
them  there  at  all,  if  they  can  help  it. 

Question.  How  are  their  commercial  relations  with  the  northern  people?  Are  they 
friendly? 

Answer.  I  do  not  know.  The  secessionists  or  disloyal  people  hold  very  little  intercourse 
with  the  loyal  people  after  their  pardons  are  obtained.  They  all  worship  in  the  same  church. 

Question.  The  rebels  go  to  rebel  churches,  and  the  Union  men  to  Union  churches  ? 

Answer.  Yes,  sir.  It  is  a  great  misfortune.  I  do  not  know  how  it  is  to  be  settled.  I 
think  you  will  find  that  Alexandria  is  a  very  fair  exponent  of  Virginia. 

Question.  You  think  that  these  disloyal  newspapers  do  a  great  deal  of  mischief? 

Answer.  I  think  they  are  the  cause  of  all  our  present  difficulties.  I  think  the  war  was 
prolonged  two  years  by  them.  During  the  time  that  General  McClellan  was  in  command  in 
Virginia  the  proportion  of  newspapers  sold  in  the  camp  was  one  thousand  Heralds,  five  hun 
dred  copies  of  the  Daily  News,  ten  copies  of  the  Tribune,  and  five  copies  of  the  Times. 
What  could  you  expect?  You  could  not  get  the  government  to  say  that  these  copperhead 
papers  should  not  be  sold  in  the  army.  If  it  had  stopped  their  circulation  I  think  the  war 
would  have  been  closed  long  ago,  unless  it  was  that  God  did  not  intend  it  to  be  closed 
sooner. 

Question.  If  the  rebels  had  the  opportunity,  would  they  assume  the  payment  of  the  rebel 
debt? 

Answer.  Why  of  course.  All  the  rebel  States  would  if  they  could  do  it.  And  I  do  not 
know  what  constitutional  amendment  can  be  devised  to  prevent  them.  The  difficulty  to  be 


14  RECONSTRUCTION 

apprehended  is,  that  if  these  people  are  permitted  to  come  in  and  effect  a  coalition  with  the 
democrats  of  the  north  they  will  finally  control  the  government,  and  will  certainly  never  pay 
the  federal  debt.  That  is  my  opinion.  The  government  ought  to  take  care  of  the  public 
debt. 

Question.  Would  they  not  also  overturn  the  whole  system  of  emancipation  if  they 
could? 

Answer.  I  really  cannot  say  about  that ;  but  they  hate  the  government  of  the  United 
States  bitterly.  There  is  no  question  about  that.  They  have  no  love  for  the  government 
of  the  United  States.  It  is  a  great  misfortune. 

Question.  To  them? 

Answer.  Yes,  and  to  the  government. 

Question.  Do  you  think  the  rebel  people  in  Virginia  and  elsewhere  respect  the  power  of 
the  United  States  ? 

Answer.  No,  sir ;  but  they  are  afraid  of  it. 

Question.  Is  there  anything  about  the  United  States  which  they  respect  ? 

Answer.  I  do  not  know  that  there  is.  They  will  give  the  government  trouble  some  of 
these  days.  They  will  try  to  get  into  power  before  186d. 


WASHINGTON,  January  31,  1866. 
George  S.  Smith  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  I  am  now  residing  in  Maryland.  I  am  a  citizen  of  Virginia,  but  am  temporarily 
residing  in  Maryland. 

Question.  In  what  part  of  Virginia  have  you  been  residing  ? 

Answer.  In  Culpeper  county. 

Question.  What  is  your  business? 

Answer.  Farming. 

Question.  How  long  did  you  reside  in  Culpeper  county  ? 

Answer.  I  moved  into  Culpeper  county  in  1846  from  Spottsylvauia  county. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir;  I  am  a  native  of  the  State  of  New  Hampshire. 

Question.  You  must,  of  course,  be  pretty  well  acquainted  with  the  condition  of  affairs  in 
Culpeper  county,  and  the  state  of  public  feeling  them  towards  the  United.  States  ? 

Answer.  I  have  had  very  good  opportunities  of  becoming  so.  I  am  very  well  acquainted 
throughout  the  State. 

Question.  According  to  your  observation,  what  is  the  state  of  feeling  among  the  disloyal 
portion  of  the  people  of  Virginia  towards  the  government  of  the  United  States? 

Answer.  I  think  it  is  hostile. 

Question.  In  what  sense  is  it  hostile  ? 

Answer.  I  do  not  think  that  they  will  yield  obedience  to  the  government  of  the  United 
States  any  further  than  they  are  compelled  to  do.  None  whatever  willingly. 

Question.  To  what  particular  classes  does  this  feeling  attach  itself  ? 

Answer.  I  think  to  the  leading  classes  ;  what  we  call  representative  men.  I  think  the 
common  class  of  people  could  be  handled  very  easily.  The  trouble  is  with  our  leading  men, 
arid  with  the  newspapers. 

Question.  Among  the  leading  classes  is  there,  properly  speaking,  any  attachment  to  the 
government  of  the  United  States  ? 

Answer.  I  do  not  know  of  an  instance — not  an  instance. 

Question.  If  they  could  have  their  own  way,  what  would  they  do  ? 

Answer.  If  they  could  have  their  own  way,  they  would  certainly  separate.  There  is 
nothing  that  would  induce  the  south  to  live  with  the  north  if  they  could  have  their  own  way. 
That  is  a  settled  fact. 

Question.  You  mean  to  be  understood  as  saying  that  there  is  a  hatred  on  the  part  of  the 
southern  people  to  the  north  ? 

Answer.  Yes,  sir ;  a  perfect  hatred. 

Question.  What  do  you  regard  as  the  principal  cause  of  that  hatred  ? 

Answer.  Education.  They  have  been  educated  up  to  it.  I  have  lived  among  them  nearly 
thirty  years,  and  it  was  not  so  when  I  first  went  there.  The  people  on  the  stage  of  action 
now  have  been  educated  up  to  it.  They  believe  in  themselves  as  a  superior  class  of  people, 
and  that  northern  people  are  a  low-lived,  degraded  class  of  people. 

Question.  In  what  respect  do  they  regard  themselves  as  superior? 

Answer.  Intellectually. 

Question.  Morally  ? 

Answer.  I  do  not  know  that  I  can  say  that. 

Question.  Physically  ? 

Answer.  They  did  believe  physically. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  15 

Question.  Has  that  feeling  become,  in  any  degree,  changed  or  modified  as  a  result  of  the 
war .' 

Answer.  I  do  not  know  that  I  am  capable  of  answering  that  question  properly.  I  went 
into  Richmond  with  our  army.  There  I  met  with  a  great  many  gentlemen  of  my  former  ac 
quaintance — influential,  leading  men.  They  then  gave  up  everything.  They  were  very 
plastic  indeed ;  you  could  have  moulded  them  in  any  way.  I  have  since  met  with  them  re 
peatedly,  and  they  have  gene  back  again  to  their  first  notions.  They  now  say  that  they  do 
not  regret  anything  they  did ;  that  if  they  had  to  do  it  over  again  they  would  do  the  same 
thing.  They  only  regret  their  want  of  success.  Their  object  in  going  into  it  is  just  as  strong 
now  as  it  was. 

Question.  What  effect  has  the  President's  liberal  policy  toward  the  rebels  and  rebel  States 
had,  with  reference  to  the  increase  or  diminution  of  loyal  feeling  towards  the  government  of 
the  United  States  ? 

Answer.  I  think  it  has  brought  forward  a  class  of  men  as  representative  men,  who  would 
not  otherwise  have  come  forward.  I  think  it  has  brought  forward  the  original  leaders  of  the 
rebellion,  who  would  not  have  sought  position  if  they  had  not  thought  they  could  get  it 
through  this  policy. 

Question.  Has  that  policy  of  the  President  increased  or  diminished  the  respect  of  the  slave- 
holding  class  of  Virginia  towards  the  government  of  the  United  States  1 

Answer.  I  do  not  know,  for  I  do  not  think  they  ever  had  any  respect  for  it. 

Question.  Then  I  am  to  infer  that  it  has  not  increased  that  respect? 

Answer.  Certainly  it  has  not. 

Question.  Speaking  of  that  policy,  has  it,  or  has  it  not,  made  that  class  more  contemptuous 
towards  the  United  States  than  they  were  before  ? 

Answer.  I  should  think  it  has. 

Question.  I  mean  in  their  expression? 

Answer.  Yes,  I  think  it  has. 

Question.  How  has  that  result  arisen  ? 

Answer.  From  the  leniency  of  the  government.  They  did  not  expect  it.  The  representa 
tive  men  of  the  south  have  had  power  and  are  ambitious  of  power.  When  the  rebellion  was 
first  brought  to  a  close,  they  did  not  expect  that  they  could  reckon  upon  that  power  any  more. 
They  thought  that  they  had  lost  it,  and  that  they  would  have  to  step  aside.  But  when  a 
mild  policy  was  resorted  to,  and  inducements  were  held  out  to  them  to  come  back,  they 
thought  there  was  an  opportunity  for  them  again  to  step  back  and  regain  what  they  thought 
they  had  lost ;  and  they  took  that  opportunity.  It  has  brought  in  a  different  class  of  men, 
who  would  not  have  come  in  if  that  policy  had  not  been  resorted  to. 

Question.  What,  in  general,  are  the  schemes  which  that  class  of  southern  people  now  have 
in  view  ? 

Answer.  To  overthrow  the  general  government  and  to  repudiate  the  national  debt. 

Question.  And  to  assume  the  payment  of  the  rebel  debt,  think  you? 

Answer.  I  do  not  know  that  I  can  venture  to  say  that  because  I  have  different  views  from 
most  people  respecting  that  rebel  debt.  I  do  not  think  that  the  masses  of  the  people  at  the 
south  could  be  induced  to  vote  to  pay  that  debt.  The  men  who  have  been  in  the  army  re 
ceiving  $13  a  month  could  not  be  degraded  so  low  as  to  make  them  tax  themselves  to  pay  at 
the  rate  of  sixty  or  seventy  dollars  for  one,  for  the  benefit  of  a  few  speculators. 

Question.  You  think  they  have  in  view  still  the  overthrow  of  the  government  of  the  United 
States.  What  are  the  means  by  which  they  propose  to  accomplish  it  ? 

Answer.  By  political  combinations.  I  talked  with  a  great  many  of  the  leading  politicians, 
and  they  say  they  want  to  try  to  accomplish  by  stratagem  what  they  failed  to  accomplish  by 
war. 

Question.  Let  us  hear  what  their  plan  is. 

Answer.  I  think  that  they  have  a  great  many  friends  among  the  democracy  of  the  north, 
if  I  may  use  plain  language. 

Mr.  HOWARD.  Yes,  use  plain  language. 

WITNESS.  They  say  that  the  large  proportion  of  the  national  debt  is  owned  at  the  east, 
and  that  the  west,  when  they  are  taxed  to  pay  it,  will  begin  to  squirm — will  be  dissatisfied; 
and  they  think  that  with  their  peculiar  ingenuity  they  can  influence  the  west  to  go  with  them 
and  assist  them  in  repudiating  the  federal  debt  and  establishing  their  independence,  perhaps. , 

Question.  Have  you  any  reason  to  suppose  that  there  are  combinations  in  Virginia  or  else 
where  in  the  south,  any  secret  associations,  having  such  an  object  in  view? 

Answer.  I  do  not  know  of  any.  I  believe,  however,  that  is  the  fixed  determination  of  every 
one  of  the  leading  men. 

Question.  And  you  think  that  their  general  purpose  is  to  get  rid  of  the  authority  of  the 
United  States  ? 

Answer.  I  do. 

Question.  What,  in  brief  terms,  have  been  your  means  of  knowledge  ? 

Answer.  I  have  been  connected  with  the  internal  improvements  of  Virginia  before  the  war. 
I  have  been  a  contractor  on  some  internal  improvements  and  have  become  well  acquainted 
with  some  of  the  leading  men  of  the  State  in  that  way.  The  first  year  or  year  and  a  half  of 
the  war  I  was  inside  the  rebel  lines.  General  Pope  let  me  out  when  he  came  to  Culpeper. 
Since  then  I  have  been  with  the  federal  army  in  Virginia.  Wherever  the  army  has  been 


1 6  RECONSTRUCTION. 

I  have  been.  I  have  met  with  a  great  many  Virginians,  men  of  influence.  Not  being  sub 
ject  to  military  control,  I  would  drift  around,  and  these  people  would  talk  more  freely  with 
me  than  with  an  officer,  and  I  could  get  their  opinions  in  that  respect.  I  have  not  met  with 
a  gentleman  of  influence  or  position  who  is  not  just  as  determined  in  his  purpose  now  as  when 
he  first  entered  the  rebellion,  that  is,  to  have  a  separate  government  if  they  possibly  can  get  it. 

Question.  Do  you  think  that  the  policy  of  Mr.  Johnson  has  encouraged  that  purpose  ? 
Answer.  I  really  do,  sir. 

Question.  Do  you  think  that  his  establishment  of  State  governments  under  military  orders 
and  decrees  has  had  the  effect  of  encouraging  that  hope  of  the  ultimate  independence  of  the 
rebel  States  ? 

Answer.  I  think  the  encouragement  held  out  to  them  in  allowing  them  to  elect  their  own 
officers  has  had  a  tendency  to  make  them  think  that  they  can  in  time  carry  out  what  they 
failed  to  carry  out  by  the  sword. 

Question.  What  effect  has  that  policy  had  on  the  Union  men  ? 

Answer.  It  has  diminished  them  in  this  way :  it  has  made  a  great  many  men  who  were 
Union  men  cloak  it  over ;  they  dare  not  say  anything.  I  do  not  know  that  the  cases  are  in 
numerable,  but  they  are  very  common.  Union  men  who  have  been  speaking  to  me  have  said, 
"Mr.  Smith,  please  to  say  nothing  about  what  has  passed  between  you  and  me  as  to  politics. 
My  property  is  here,  my  life  is  here,  my  associations  are  here,  my  business  is  here,  and  I  do 
not  want  to  have  it  known  that  I  ever  said  anything  in  favor  of  the  federal  government." 
They  want  to  cloak  it  up.  They  dare  not  at  this  day  have  it  known  that  they  are  Union  men. 

Question.  Do  you  think,  then,  that  that  policy  has  brought  upon  the  Union  element  a  feel 
ing  of  despair  rather  than  of  courage  and  hope  ? 

Answer.  That  is  my  experience,  sir.  It  has  suppressed  among  the  common  people  a  good 
deal  of  the  Union  feeling  which  was  growing  up. 

Question.  Suppose  the  question  was  now  put  in  the  proper  form  to  the  people  of  Virginia 
whether  they  would  secede — whether  they  would  go  out  of  the  Union ;  and  suppose  that 
there  should  be  no  danger  of  military  interference  to  prevent  it,  or  any  effort  on  the  part  of 
the  United  States  to  prevent  it;  what  would  probably  be  the  result  of  the  vote? 

Answer.  More  than  ninety-nine  out  of  every  hundred  would  vote  to  secede. 

Question.  Suppose  the  question  should  be  submitted  in  the  same  way  to  the  people  of  Vir 
ginia  whether  they  would  pay  their  just  share  of  the  federal  debt  contracted  in  the  prosecu 
tion  of  the  war :  what  would  be  the  result  of  that  vote  ? 

Answer.  They  would  vote  against  it. 

Question.  Why? 

Answer.  They  think  it  is  unjust.     They  think  it  is  forced  upon  them. 

Question.  Suppose  the  United  States  should  be  engaged  in  a  war  with  a  first-rate  foreign 
power,  such  as  England  or  France :  what  would  be  the  conduct  of  the  people  and  the  gov 
ernment  of  Virginia  on  such  an  occasion  ? 

Answer.  I  think  they  would  study  policy  in  regard  to  it.  I  think  the  leaders,  if  they 
thought  it  was  for  their  interest — that  they  could  gain  anything  by  doing  it — would  sustain 
the  government ;  otherwise  they  would  go  against  it. 

Question.  Suppose  that,  at  such  a  moment,  there  should  be  a  combination  and  concert  be 
tween  the  rebel  States,  and  suppose  that  that  combination  should  assume,  apparently,  strength 
enough  to  assure  success  in  case  they  joined  the  enemies  of  the  United  States :  what,  then, 
would  be  their  conduct  ? 

Answer.  I  think  they  would  join  them ;  I  am  sure  they  would. 

Question.  Have  you  ever  talked  with  any  men  of  influence  and  position  in  Virginia,  or 
elsewhere  in  the  slaveholding  States,  on  that  subject? 

Answer.  Not  bearing  so  strongly  as  that ;  but,  from  such  conversation  as  I  have  had  with 
them,  I  should  certainly  think  that  that  would  be  the  course  they  would  pursue.  I  do  not 
think  that  there  is  any  loyalty  at  all  in  the  leading  men  of  the  State  of  Virginia. 

Question.  In  the  event  of  such  a  war,  would  you  regard  these  ex-rebel  States  as  elements 
of  strength  to  the  United  States,  or  of  weakness  ? 

Answer.  Of  weakness. 

Question.  How  do  they  feel  generally  towards  the  freedmen  ? 

Answer.  Hatred.  Their  hate,  first,  is  to  the  citizen  Union  men  ;  their  next  hate  is  to  the 
negro ;  and  their  last  is  to  the  Yankees,  as  they  call  them. 

Question.  If  left  to  themselves,  what  would  they  do  with  the  negro7 

Answer.  They  would  entirely  extirpate  him  from  the  face  of  the  earth.  They  would  first 
commence  with  the  Union  men,  and  men  they  would  take  the  negro. 

Question.  Do  you  think  they  would  murder  the  negro  ? 

Answer.  I  do  ;  and  they  are  doing  it  every  day. 

Question.  Why  should  they  murder  the  negro  ? 

Answer.  I  cannot  answer  that  in  any  other  way  than  by  supposing  it  owing  to  human  de 
pravity. 

Question.  They  need  the  negro's  labor  ? 

Answer.  Yes,  sir;  but  a  man's  passions  go  beyond  his  interests.  They  always  have  been 
the  negro's  masters  ;  they  controlled  him  ;  they  never  acknowledged  that  he  had  any  rights  ; 
he  had  no  rights  more  than  a  beast  had ;  I  was  a  slaveholder  myself,  and  I  know  it.  When 


VIRGINIA NORTH    CAROLINA — SOUTH    CAROLINA  17 

you  come  to  give  the  negro  his  rights,  it  is  very  galling  to  men  educated  in  that  way.     They 
cannot  yield  to  the  negro  those  rights  that  they  can  to  the  white  man. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  freedinen? 

Answer.  I  never  discussed  that  question  with  them. 

Question.  How  do  they  feel  in  regard  to  negroes  voting  and  exercising  political  rights  ? 

Answer.  Prejudiced  against  it.  I  know  of  no  men,  except  strong  Union  men,  who  are  in 
favor  of  it. 

Question.  How  do  they  feel  in  regard  to  the  Freedmen's  Bureau  ? 

Answer.  They  are  prejudiced  against  it.  They  think  that  it  is  a  thing  forced  upon  them, 
and  that  there  is  no  constitutional  law  for  it. 

Question.  They  raise  the  constitutional  point  upon  it  ? 

Answer.  Certainly,  on  every  question,  as  though  they  were  interested  in  the  Constitution 
which  they  were  trying  to  overthrow. 

Question.  Have  you  noticed  a  disposition  generally  among  them  to  maltreat  the  negro  ? 

Answer.  I  have. 

Question.  To  deprive  him  of  the  fruits  of  his  labor  ? 

Answer.  Yes,  sir :  they  maltreat  them  every  day  they  can.  I  have  been  in  the  provost 
marshal's  department,  under  General  Patrick,  almost  ever  since  he  has  been  provost  marshal, 
and  have  had  great  opportunities  of  seeing  the  cases  that  are  brought  before  him.  Although 
I  am  prejudiced  against  the  negro  myself,  still  I  must  tell  the  truth,  and  must  acknowledge 
that  he  has  rights.  In  more  than  nine  cases  out  of  ten  that  have  come  up  in  General  Pat 
rick's  office  the  negro  has  been  right  and  the  white  man  has  been  wrong,  and  I  think  tha 
that  will  be  found  to  be  the  case  if  you  examine  the  different  provost  marshals. 

Question.  What  chance  does  the  negro  stand  to  obtain  justice  in  the  civil  courts  of  Vir 
ginia  ? 

Answer.  Not  a  particle — no  more  than  a  rabbit  would  in  a  den  of  lions ;  nor  a  Union  man, 
either. 

Question.  Do  you  regard  it  as  safe  for  people  of  the  free  States  to  settle  in  Virginia  and 
other  rebel  States  ? 

Answer.  Yes,  sir,  I  do.  The  prejudice  against  the  northern  man  is  not  so  strong  as  to 
jeopardize  his  life.  It  is  only  the  Union  man  who  has  lived  among  them  and  taken  an  active 
part  against  them  Avhose  life  is  in  jeopardy.  I  think  that,  if  I  had  never  lived  among  them, 
and  were  as  strong  a  Union  man  as  I  could  be,  I  would  not  hesitate  to  go  and  live  among 
them. 

Question.  What  chance  would  a  Union  man  have  of  obtaining  justice  in  a  Virginia  State 
court  ? 

Answer.  I  do  not  think  he  would  have  justice  done  him. 

Question.  Do  you  think  it  practicable  to  obtain  a  jury  in  Virginia  that  would  convict  a 
man  of  treason  for  being  engaged  in  the  late  civil  war  against  the  government  ? 

Answer.  I  do  not  think  such  a  jury  could  be  summoned  outside  of  the  element  that  is 
known  to  be  Union. 

Question.  How  large  is  that  element? 

Answer.  Very  small,  sir,  at  the  present  time.  There  are  a  good  many  Union  men  in  Vir 
ginia  who  dare  not  let  it  be  known. 

Question.  Is  their  influence  increasing  or  diminishing  ? 

Answer.  I  have  not  seen  any  increase.  I  do  not  know  of  any  change  from  a  rebel  fro  a 
Union  man,  or  from  a  Union  man  to  a  rebel. 

Question.  Are  the  ex-rebels  as  bitter  at  present  in  their  proscriptions  of  Union  men  as  they 
were  during  the  war? 

Answer.  I  think  they  are  worse  to-day  than  they  were,  except  during  the  first  year  of  the 
war. 

Question.  Have  you  had  any  acquaintance  in  North  Carolina  or  South  Carolina  ? 

Answer.  No,  sir,  not  outside  of  Virginia. 

Question.  Are  you  a  man  of  competent  education  ? 

Answer.  Yes,  sir,  in  English  education :  I  am  not  a  graduate. 

Question.  You  have  mingled  a  good  deal  with  the  people  of  Virginia,  both  previous  to, 
and  during,  and  since  the  war  ? 

Answer.  Yes,  sir ;  there  were  very  few  men  who  knew  more  of  Virginia  than  I  did. 

Question.  Arising  from  what? 

Answer.  From  my  business.  I  raised  my  family  in  Virginia.  If  I  should  write  out  my 
own  experience  I  could  not  for  my  life  do  it  as  well  as  it  has  been  written  out  fur  me  in  dif 
ferent  reports.  Take  for  instance  that  report  of  Major  General  Carl  Schurz  ;  it  is  the  expe 
rience  or  every  Union  man  in  the  south.  Take  Governor  Browulow's  letter ;  take  the  two 
letters  from  North  Carolina  that  were  published  in  the  Chronicle  yesterday — there  is  not  an 
honest  man  in  the  south  who  will  not  say  that  they  describe  the  true  sentiments  and  the  true 
feelings  of  the  whole  south.  You  may  summon  before  your  committee  every  man  in  th.e 
southern  States,  and  you  cannot  get  anything  more  than  you  have  got  there.  They  embody 
the  whole  of  it.  No  man  can  express  himself  better  than  they  have  expressed  it  for  him.  I 
have  been  driven  from  the  State  of  Virginia  away  from  my  property  ;  and  such  is  the  state  of 
feeling  in  the  neighborhood  where  I  resided,  that  I  dare  not  go  back  for  fear  of  personal 
violence. 

2 — V  NC  SC 


1 8  RECONSTRUCTION. 

WASHINGTON,  January  31,  1866. 
Dr.  G.  F.  Watson  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  I  reside  in  Accomac  county,  Virginia,  when  at  home — Wise's  old  district. 
Question.  What  is  your  profession? 

Answer.  A  doctor  of  medicine.     I  am  at  this  time,  and  have  been  for  nearly  three  years, 
one  of  the  board  of  United  States  direct  tax  commissioners  for  the  State  of  Virginia. 

Question.  Do  you  know  the  feelings  of  the  people  of  the  State  toward  the  government  of 
the  United  States  ? 

Answer.  I  think  I  do  pretty  well. 

Question.  What  is  the  loyalty  of  Accomac  and  Northampton  counties  ? 
Answer.  When  I  visited  Accomac  and  Northampton  counties  in  October  last  the  citizens 
were  then  disloyal ;  and  from  reliable  information  since,  I  have  no  reason  to  believe  that 
they  are  better  disposed  toward  the  government  at  this  time.     I  think  I  have  had  as  good  an 
opportunity  to  know  the  sentiments  of  the  people  of  the  State  as  almost  any  other  man, 
having  lived  in  it  from  my  birth  to  the  present  time,  and  my  official  duties  having  called  me 
to  different  portions  of  the  State.     I  feel  that  the  educated  class  of  the  community  are  as  dis 
loyal  now  as  they  were  at  the  time  of  the  surrender  of  Lee. 
Question.  How  has  that  happened  ? 

Answer.  I  think  mainly  through  the  leniency  of  the  government.  I  was  in  Richmond  in 
November  and  December  last,  and  saw  some  apparently  good  feeling  on  the  part  of  the  ex- 
rebels  toward  the  government ;  but  on  my  late  visit  to  that  city  I  found  that  feeling  mate 
rially  changed.  /The  Union  men  in  business  there  were  afraid  to  be  seen  conversing  with 
other  Union  men  for  fear  of  injuring  them  in  their  business.  I  spent  last  winter  in  the  city 
of  Norfolk.  At  that  time  the  mercantile  business  was  engaged  in  principally  by  northern 
Union  men.  The  citizens  not  feeling  disposed  to  encourage  them  in  trade,  and  opposed  to 
northern  emigration,  raised  their  rents  to  such  an  exorbitant  price  that  they  were  compelled 
to  discontinue  business  and  leave;  consequently  the  ex-rebels  have  the  entire  control.  In 
Alexandria  city  the  same  proscription  has  been  carried  out.  I  am  credibly  informed  that 
in  Richmond  the  northern  capitalists  have  partly  suspended  operations  in  the  erecting  of 
buildings  on  account  of  illegal  legislation  and  a  feeling  of  antipathy  toward  northern  emigra 
tion.  There  is  one  other  thing  of  which  I  feel  fully  satisfied  ;  that  is,  that  the  loyal  men  of 
the  State  cannot  get  justice  in  the  reconstructed  disloyal  courts./ 
Question.  Why  not? 

Answer.  For  the  reason  of  the  disloyalty  of  the  jurors  and  lawyers.  As  an  instance,  in 
the  counties  of  Accomac  and  Northampton  there  is  not  a  loyal  man  practicing  at  the  bar  out 
of  some  fifteen  or  twenty. 

Question.  Have  they  been  all  engaged  in  the  rebellion? 

Answer.  Yes;  some  of  them,  however,  did  not  leave,  but  used  their  baneful  influence  at 
home ;  whilst  others,  who  ran  the  blockade  and  returned,  were  captured  ;  others,  who  were 
the  best  and  most  respected,  went  with  the  southern  confederacy,  and  remained  there  until 
the  surrender  of  Lee. 

Question.  What  is  the  feeling  among  that  class  of  people  as  to  remaining  in  the  Union  ? 
Answer.  The  feeling  is  this:  if  they  can  be  thoroughly  reconstructed  in  accordance  with 
their  desires — giving  them  full  control  of  the  government,  the  emoluments  of.  office,  and  the 
honors  connected — they  might  be  induced  to  remain  in  the  Union.  They  have  said  to  me 
that  they  have  no  interest  in  the  government.  A  prominent  lawyer  in  the  city  of  Richmond 
said  to  me  last  December  that  he  would  prefer  to  see  Fred.  Douglass  emperor  of  the  countiy 
than  a  Yankee  to  be  at  the  head  of  the  government. 

Question.  What  was  his  idea  about  having  a  king  or  emperor  ? 

Answer.  They  feel,  I  suppose,  that  they  have  been  whipped,  and  those  of  prominence  and 
wealth  before  the  war,  now  being  poor,  feel  that  they  have  lost  their  power  and  have  not 
their  former  influence.  It  is  the  leading  politicians  who  do  all  the  mischief;  were  they  prop 
erly  dealt  with  we  would  have  less  trouble,  and  I  believe  that  the  medium  class  would  sus 
tain  the  government. 

Question.  Could  any  of  these  persons  be  convicted  of  treason  by  a  Virginia  jury  ? 
Answer.  I  think  not ;  but  a  Union  man  would  be  very  readily  prosecuted  by  them. 
Question.  How  is  it  with  reference  to  freedmen  1 

Answer.  They  despise  the  freedmen ;  they  think,  and  frequently  express,  that  all  they 
want  is  for  the  military  .to  be  removed  and  they  will  handle  them  roughly  ;  they  also  speak 
in  the  same  terms  of  Union  white  men.  If  reconstruction  of  the  rebel  States,  as  proposed, 
be  successful,  and  they  get  possession  of  the  States,  my  opinion  is  that  not  a  Union  man  can 
stay  in  Virginia,  as  taxation  and  persecution  by  these  parties  must  necessarily  drive  them 
from  this  State. 

Question.  What  are  the  feelings  and  opinions  of  the  Union  men  of  the  State?  ^ 
Answer.  The  feelings  and  opinions  of  the  Union  men  are,  that  they  do  not  desire  any  form 
of  reconstruction,  either  by  a  provisional  or  civil  governor ;  we  desire  a  territorial  govern 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  19 

merit.  If  we  can  have  that,  I  think  in  a  short  time  we  could  induce  emigration,  which  will 
not  come  in  under  the  present  state  of  things.  It  would  also  give  time  to  make  the  colored 
man  more  intelligent  and  less  under  the  influence  of  his  former  master.  When  a  proper 
time  shall  arrive  for  reconstruction,  we  shall  then  be  able  to  cast  a  majority  of  loyal  votes — 
friends  to  the  government,  not  enemies,  as  would-be  the  case  under  the  present  policy  of 
reconstruction.  Without  some  such  protection  God  save  the  Union  men ! 

Question.  Suppose  the  restraint  arising  from  the  presence  of  Union  forces  in  Virginia  was 
withdrawn,  and  suppose  the  Freedmen's  Bureau  was  withdrawn,  what  would  be  the  condi 
tion  of  the  loyalists  and  freedmen  in  Virginia? 

Answer.  There  would  be  no  protection  for  Union  men,  and  the  freedmen  would  necessarily 
suffer  much. 

Question.  Would  there  be  scenes  of  riot  and  violence  ? 

Answer/  I  think  it  probable.  You  have  heard  of  the  riot  which  took  place  on  Christmas 
day,  almost  under  the  eye  of  the  military,  in  Alexandria ;  from  that  you  can  judge  what  it 
would  be  if  the  military  were  withdrawn.  At  the  late  election  at  many  places  the  ex-rebels 
paid  no  attention  to  the  provisions  of  the  Alexandria  constitution,  which  required  such  voters 
to  take  the  oath  that  they  had  not  borne  arms  against  the  government  of  the  United  States 
since .  A  number  of  the  members  of  the  legislature  who  were  elected,  as  I  have  been  in 
formed,  were  engaged  in  the  rebellion  as  officers  and  otherwise,  and  have  never  taken  the 
oath  required  by  the  constitution  adopted  in  Alexandria  in  April,  1864. 

Question.  Is  that  the  character  of  that  legislature? 

Answer.  A  large  majority  of  that  legislature,  in  my  opinion,  are  disloyal  men,  but  of  course 
profess  to  be  loyal.  A  member  of  the  senate  informed  me  a  few  days  since  that  the  money 
in  the  treasury,  and  for  which  the  loyal  men  had  been  taxed,  would  not  last  more  than 
twenty  days. 

Question.  What  effect  has  the  liberal  policy  of  President  Johnson  in  granting  pardons  and 
amnesty  to  the  rebels  in  Virginia  had  ? 

Answer.  It  has  had  no  beneficial  effect  as  far  as  my  experience  has  been.  I  will  give  you 
a  case  in  point.  A  wealthy  gentleman,  owning  much  land  near  Richmond  and  on  the  penin 
sula,  came  to  my  office  in  the  month  of  December  last,  and  said  to  me  that  he  undei  stood 
his  lands  had  been  forfeited  to  the  United  States  government  for  the  non-payment  of  the  direct 
tax.  On  looking  over  my  books  I  found  his  information  to  be  correct.  He  asked  me,  "  Can 
I  redeem  them  ?"  I  answered  him,  he  could  by  paying  the  tax  and  interest.  I  made  out  a 
redemption  receipt,  and  on  handing  it  to  him  he  gave  me  a  check,  with  these  words :  "This 
is  the  bitterest  pill  I  ever  took  except  one,  and  that  was  the  oath  of  allegiance  to  the  United 
States  government."  That  did  not  prove  to  me  that  leniency  had  caused  him  to  feel  any 
devotion  to  the  government. 

Question.  What  effect  has  been  produced  by  the  Union  victories  over  the  rebels  on  the 
minds  of  that  old  class  of  Virginians  ? 

Answer.  They  had  a  considerable  effect  at  the  time  of  the  surrender  of  Lee,  but  they  seem 
to  have  been  encouraged  by  the  hope  of  reconstruction  and  leniency  from  the  government  of 
the  United  States,  and  now  assume  to  demand  rights  which  they  have  forfeited. 

Question.  Suppose  the  rebel  States  are  admitted  to  a  representation  in  Congress,  what 
would  be  the  effect  upon  the  people  of  Virginia  ? 

Answer.  I  think  from  what  I  know  that  the  members  elected  would  obey  the  wishes  of 
their  constituents,  which  are  inimical  to  the  government. 

Question.  Suppose  they  should  get  the  power  by  a  combination  with  some  other  party ; 
what  then  ? 

Answer.  That  is  what  I  alluded  to.     I  believe  they  would  use  it  if  they  got  it. 

Question.  In  what  way  would  they  use  it  ? 

Answer.  First,  to  repudiate  the  federal  debt. 

Question.  Would  they  stop  there  ? 

Answer.  I  think  not ;  they  would  go  for  the  payment  of  the  confederate  debt. 

Question.  Would  they  stop  there  ? 

Answer.  I  doubt  it  very  much.  I  am  of  the  opinion  that  should  they  get  the  power  by 
combination  with  other  parties  a  second  rebellion  might  be  the  consequence. 

Question.  Have  you  any  reason  to  suppose  that  any  of  the  leaders  of  the  late  rebellion 
have  it  still  in  contemplation  to  bring  about  another  war? 

Answer.  I  do  not  know  that  they  have. 

Question.  Have  you  any  idea  that  any  such  conspiracy  exists  in  any  of  the  rebel  States  ? 

Answer.  I  have  not. 

Question.  Have  you  any  reason  to  suppose  that  they  are  collecting  arms  in  any  locality  ? 

Answer.  I  have  not.     I  would  be  the  last  man  in  Virginia  to  know  it. 

Question.  Have  you  heard  any  such  rumor  ? 

Answer.  I  have  not.     I  believe  that  there  is  a  desire  on  the  part  of  them  that  a  difficulty 
between  this  country  and  some  foreign  power  should  take  place.     In  Richmond,  last  Novem 
ber,  in  a  conversation  with  a  confederate  captain,  at  the  time  there  being  much  talk  of 
difficulty  between  France  and  this  government,  he  seemed  rejoiced,  and  made  this  remark 
"I  regret  that  my  little  company  is  squandered,  but  I  can  whistle  them  up." 

Question.  What  was  he  going  to  do  in  case  of  a  war  with  France  ? 


20  RECONSTRUCTION. 

Answer.  I  inferred  from  his  remarks  that  he  would  join  Maximilian. 

Question.  In  case  the  government  of  the  United  States  should  be  involved  in  a  war  with 
England  or  France,  what  would  be  the  course  likely  to  be  taken  by  the  rebel  States  ? 

Answer  I  think  they  would  join  France  or  any  other  foreign  power.  I  will  not  say  that 
all  of  the  ex-rebels  would,  but  I  think  a  very  large  portion  of  them  would. 

Question.  Have  you  any  other  fact  upon  your  mind  which  you  wish  to  state  to  the  com 
mittee  ? 

Answer.  No,  sir.  I  would  prefer  to  make  some  notes  of  what  does  not  occur  to  me  at 
present.  In  the  first  part  of  my  testimony  before  this  committee  I  spoke  of  the  State  legis 
lature.  I  deem  it  proper  to  offer  the  following  on  that  subject.  The  present  legislature  of 
Virginia  should  be  set  aside  because  of  its  illegality,  and  all  its  acts  passed  since  the  adoption 
of  the  Alexandria  constitution  declared  null  and  void.  In  the  Alexandria  constitution,  which 
was  passed  or  adopted  by  the  convention  on  the  7th  day  of  April,  1864,  among  others  it 
adopted  the  following  provisions : 

Article  4,  section  1 :  "The  legislative  power  of  this  commonwealth  shall  be  vested  in  a 
general  assembly,  which  shall  consist  of  a  senate  and  house  of  delegates."  Section  2 :  "  The 
house  of  delegates  shall  consist  of  not  less  than  eighty  and  of  not  more  than  one  hundred  and 
four  members.  The  senate  shall  never  be  less  than  one-fourth  nor  more  than  one-third  the 
numbers  of  the  house  of  delegates."  Section  8:  *  *  "A  majority  of  the  members 

elected  to  each  house  shall  constitute  a  quorum  to  do  business,  but  a  smaller  number  may 
adjourn  from  day  to  day,  and  shall  be  authorized  to  compel  the  attendance  of  absent  members, 
in  such  manner  and  under  such  penalty  as  each  house  may  provide." 

Since  this  constitution  was  adopted,  there  have  been  three  sessions  of  the  general  assembly : 
a  regular  session  commencing  Decembers,  J864;  an  extra  session  commencing  June  ^1, 
1865 ;  and  a  regular  session  commencing  December  4,  1865,  and  not  yet  closed.  At  the  first 
regular  session,  and  the  extra  session,  the  house  consisted  of  fourteen  members  and  the 
senate  of  six.  No  more  were  elected,  or  could  be  as  matters  then  existed. 

These  facts  are  now  matters  of  history  and  cannot  be  controverted. 


WASHINGTON,  January  31  1866. 
John  Hawkshurst  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria,  Virginia.  I  am  a  citizen  of  Fairfax  county,  Virginia,  and  am  in 
the  employment  of  the  government  as  United  States  direct  tax  commissioner. 

Question.  How  long  have  you  held  that  place  ? 

Answer.  For  three  years. 

Question.  What  is  your  age  ? 

Answer.  Forty-nine. 

Question.  Are  you  a  man  of  family  ? 

Answer.  Yes. 

Question.  Are  you  a  man  of  property  ? 

Answer.  I  had  property  before  the  war,  but  it  is  pretty  much  all  gone  now. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No ;  I  was  born  in  Queens  county,  New  York.  I  moved  to  Virginia  in  1846, 
bought  property  there,  and  engaged  in  milling. 

Question.  Have  you  been  in  the  rebel  service  ? 

Answer.  No. 

Question.  You  have  been  a  Unionist  all  along  ? 

Answer.  Yes,  sir.  I  left  my  place,  believing  that  there  was  an  order  out  for  my  arrest,  on 
the  28th  day  of  May,  1861,  going  through  the  woods  and  avoiding  the  highways^  and  came 
to  Washington. 

Question.  After  that  you  did  not  pass  back  through  the  rebel  lines? 

Answer.  No.  I  was  then  appointed  to  represent  my  county  in  the  first  Wheeling  conven 
tion,  and  served  in  it;  and  then  was  elected  to  the  legislature  of  Virginia,  sitting  at  Wheel 
ing.  While  I  was  a  member  there  I  was  appointed  to  my  present  place. 

Question.  State  what  the  general  feeling  is  in  Virginia,  so  far  as  you  know,  towards  the 
government  of  the  United  States. 

Answer.  The  feeling  would  seem  to  l)e  sullen  silence  among  a  large  portion  of  the  people ; 
a  disposition  to  acquiesce  so  far  as  they  must,  but  no  further  ;  a  very  strong  desire  to  obtain 
their  political  influence,  and  to  wield  the  actions  of  the  general  government  to  suit  them. 

Question.  How  are  they  satisfied  In  regard  to  the  emancipation  of  their  slaves? 

Answer.  They  take  it  as  a  matter  of  necessity ;  a  few,  perhaps,  do  not  regret  it.  Those 
who  are  loyal  accept  it  and  are  satisfied. 

Question.  How  extensive  is  your  acquaintance  with  the  rebel  oortion  of  the  population  ? 

Answer.  Not  very  extensive ;  am  well  acquainted  with  most  ot  the  leaders  of  our  county. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  21 

Some  of  the  original  Union  men  became  active  and  efficient  in  the  rebellion  at  a  later  date. 
The  man  who  represented  our  county  in  the  convention  that  passed  the  ordinance  of  seces 
sion  was  such.  His  error  was,  that  he  took  ground  against  coercion,  and,  upon  the  call  of 
the  President  for  troops,  went  against  the  government.  He  has  come  back  and  taken  the 
oath,  and  I  think  him  reliable ;  but  some  of  this  class  seem  more  dissatisfied  thuii  the  origi 
nal  secessionists. 

Question.  How  does  that  happen  ? 

Answer.  They  seem  to  feel  the  disgrace,  as  they  deem  it,  more  keenly  than  the  others, 
and  a  large  portion  of  them  were  not  Union  men  from  principle,  but  from  policy — deeming 
secession  a  mistake  rather  than  a  crime;  but  when  the  State  was  committed  to  the  measure 
they  ceased  their  opposition,  and  became  as  active  as  the  others,  and  feel  the  disgrace  of  de 
feat  more  keenly. 

Question.  What  is  the  feeling  of  all  these  people  towards  the  northern  people  ? 

Answer.  It  appears  hostile. 

Question.  If  they  could  have  their  way  would  the  rebel  people  generally  remain  in  the 
Union  ? 

Answer.  No ;  I  think  they  have  a  stronger  aversion  and  dislike  of  the  Union  than  when 
they  seceded. 

Question.  What  has  produced  this  increase  of  hatred  ? 

Answer.  The  irritation  of  the  war,  and  the  humiliation  of  their  State  pride,  which  is  a 
very  strong  element  in  their  character,  and  predominates  over  all  national  feelings. 

Question.  Do  you  think  they  generally  desire  to  see  the  government  of  the  United  States 
preserved  ? 

Answer.  I  think  not ;  do  not  think  one-tenth  of  those  engaged  in  the  rebellion  heartily 
desiro  the  success  of  our  government  if  it  continues  to  be  controlled  by  the  present  party, 
and  will  submit  to  it  no  longer  than  they  are  compelled,  and  hope  yet  to  see  the  time  when 
they  will  be  free  from  it. 

Question.  You  think,  then,  they  have  not  given  up  that  expectation  ? 

Answer.  I  think  not ;  I  believe  a  large  portion  of  them  are  looking  to  a  foreign  war  as  the 
means  of  their  deliverance  ;  meantime  they  are  active  in  endeavoring  to  obtain  political  stand- 
Ing  to  the  end  that  they  may  either  control  the  government  to  their  interests  or  produce  a 
sepai'ation,  as  may  best  suit  their  purposes  when  such  time  comes. 

Question.  Suppose  they  get  control  of  it  in  that  way  ;  what,  in  your  judgment,  will  they 
be  likely  to  'do  in  regard  to  the  public  debt  of  the  United  States  1 

Answer.  I  think  they  will  repudiate  it. 

Question.  Suppose  they  cannot  repudiate  it ;  what  then  would  they  do  ;  would  they  then 
ask  to  have  their  own  debt  assumed  by  the  United  States  government? 

Answer.  Yes;  I  think  there  is  a  strong  feeling  that  their  own  obligations  should  be  paid 
as  well  as  ours ;  I  think,  however,  there  is  a  strong  feeling  in  favor  of  repudiation  of  the 
whole ;  but  failing  in  that,  would  endeavor  to  throw  in  their  own. 

Question.  In  case  of  a  war  between  the  United  States  and  a  foreign  power,  such  as  Eng 
land  or  France,  would  you  regard  the  rebel  States  as  an  element  of  strength  to  the  govern 
ment  of  the  United  States  or  of  weakness  ? 

Answer.  A  great  weakness ;  it  would  be  much  stronger  at  present  if  the  Union  was  cut 
in  two  at  the  Potomac.  The  north  is  much  stronger  alone  than  combined  with  the  south  ; 
and  it  would  probably  require  more  men  to  control  the  rebel  States  than  to  meet  any  foreign 
force  that  could  be  sent  against  us. 

Question.  Do  you  think  they  generally  love  this  government  less  than  they  do  the  govern 
ment  of  almost  any  other  nation  ? 

Answer.  I  think  they  have  a  strong  and  predominating  desire  for  independence.  They 
hold  the  government  of  the  United  States  as  a  foreign  government,  and  in  about  the  same 
respect  as  they  do  others. 

Question.  What  is  their  social  demeanor  towards  Union  people,  either  residents  or  from 
the  loyal  States  ? 

Answer.  There  is  not  much  social  feeling  between  the  rebels  and  the  resident  Union  men  ; 
in  many  cases  friendships  are  utterly  destroyed.  There  does  not  seem  to  be  so  much  bitter 
ness  towards  those  who  have  come  from  the  loyal  States  since  the  war,  as  towards  those  who 
were  here  at  the  commencement  and  acted  against  them  during  the  rebellion. 

Question.  How  are  they  disposed  towards  the  freedmen  ? 

Answer.  I  have  not  been  in  a  situation  to  see  much  on  which  to  form  an  opinion  in  that 
respect.  Two  instances  have  come  to  my  knowledge  in  which  endeavors  were  made  to  keep 
them  out  of  business :  one  in  which  a  man  had  rented  his  farm  to  a  freedrmm,  and  he  heard 
of  threats  to  burn  his  house  in  consequence,  and  on  examination,  sufficient  danger  seemed 
to  exist  to  prevent  him  from  fulfilling  his  contract  with  the  freedman.  Another,  who  em 
ployed  freedmen  to  do  nearly  all  his  labor,  heard  of  threats  that  induced  him  hastily  to  have 
his  buildings  insured.  The  corporate  authorities  of  Alexandria  refused  to  grant  them  licenses 
to  do  business,  the  law  of  the  State  not  allowing  it ;  and  attempts  were  made  in  that  city 
to  enforce  the  old  law  against  them  in  respect  to  whipping  and  carrying  fire-arms,  nearly  or 
quite  up  to  the  time  of  the  establishment  of  the  Freedmen's  Bureau  in  that  city. 

Question.  What  are  the  chances  of  Union  men  getting  justice  in  a  State  court  in  Virginia  ? 


2  2  RECONSTRUCTION. 

Answer.  I  do  not  think  it  is  good :  we  have  sold  considerable  property  for  the  non-pay 
ment  of  the  United  States  direct  tax,  and  no  person  has  been  able  to  obtain  possession  of  it 
through  the  State  courts.  To  aid  this,  Congress  at  its  last  session  gave  the  commissioners 
authority  to  issue  writs  of  possession  ;  a  number  of  suits  of  ejectment  have  been  brought  in 
the  State  courts  against  purchasers  at  government  sales,  creating  distrust  and  uneasiness. 

Question.  How  have  they  resulted  ? 

Answer.  None  have  yet  been  decided  that  I  know  of;  several  persons  have  been  indicted 
for  acts  done  while  in  the  service  of  the  United  States  as  guides,  but  have  been  released  by 
the  military. 

Question.  What  chances  have  the  freedmen  of  obtaining  justice  in  the  State  courts  ? 

Answer.  I  do  not  think  good,  although  it  has  not  yet  been  fairly  tried.  The  first  organi 
zation  of  the  counties  with  which  I  am  most  familiar,  the  loyal  men  obtained  control,  and  they 
are  as  well  disposed  towards  the  blacks  as  any  other  people.  In  the  counties  organized  after 
Lee's  surrender,  where  the  disloyal  obtain*ed  control,  the  Freedmen's  Bureau  has  taken 
charge  of  the  matter. 

Question.  Have  you  any  idea  that  a  jury  could  be  called  in  Virginia  that  would  convict 
any  of  the  ringleaders  of  the  rebellion? 

Answer.  No  ;  I  do  not  think  you  could  get  a  jury  in  the  State  to  convict  any  one  of  treason, 
unless  unfair  means  were  used  in  obtaining  it. 


WASHINGTON,  D.  C.,  January  31, 1866. 

George  Tucker  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Alexandria,  Virginia. 

Question.  Are  you  a  native  of  Virginia? 

Answer.  I  am  not ;  I  am  a  native  of  New  Hampshire. 

Question.  How  long  have  you  resided  in  Virginia  ? 

Answer.  I  have  been  in  Virginia  most  of  the  time  for  the  last  four  years. 

Question.  What  has  been  your  occupation  in  Virginia  during  that  time? 

Answer.  I  have  been  practicing  law  in  Alexandria  and  Fairfax  counties.  I  am  common 
wealth  attorney  of  Fairfax  county ;  I  commenced  the  practice  of  the  law  in  these  counties 
in  the  spring  of  1863 ;  I  came  out  as  an  officer  in  the  army  in  the  first  place. 

Question.  How  extensive  is  your  knowledge  of  the  state  of  public  feeling  in  Virginia? 

Answer.  My  personal  knowledge  of  the  state  of  public  feeling  in  Virginia  only  extends  to  the 
counties  of  Alexandria  and  Fairfax,  but  I  have  had  pretty  extensive  correspondence  through 
out  almost  all  parts  of  the  State. 

Question.  You  have  had  good  opportunities  to  know  the  condition  of  public  feeling 
throughout  the  State  ? 

Answer.  I  think  I  have. 

Question.  How  is  it  in  regard  to  the  government  of  the  United  States  ? 

Answer.  The  opinion  of  a  large  majority  of  the  people  of  Virginia  is,  that  they  have  no 
respect  for  the  government  of  the  United  States.  I  have  heard  leading  men  among  them 
say  that  they  had  no  respect  for  the  government  of  the  United  States  ;  that  they  were  subjects, 
conquered,  but  that  they  had  no  respect  for  the  government,  and  that  the  time  would  come 
when  the  east  and  the  west  would  disagree,  and  when  the  south  would  have  sufficient  power  to 
achieve  its  purposes.  That  is  a  very  prevalent  idea  among  them.  It  is  also  a  prevalent  idea 
among  them  that  in  their  rebellion  they  made  a  mistake  in  regard  to  seceding ;  that  if  they 
had  revolutionized,  as  they  now  say,  they  would  have  succeeded,  and  that  if  there  be  any 
further  difficulty  it  will  be  a  revolution  and  not  a  secession.  Secession  was  a  mistake. 

Question.  You  are  a  lawyer,  and  can  give  us  the  difference  between  secession  and  revolu 
tion  as  understood  by  the  Virginians. 

•  Answer.  As  understood  by  them  it  is  this  :  that  if  they  had  revolutionized,  it  would  have 
been  a  general  thing  throughout  the  Union;  would  have  extended  its  ramifications  all  over 
the  country ;  have  had  friends  all  over  the  country,  and  would  have  fought  under  the  colors 
of  the  nation,  so  that  it  would  have  been  a  national  movement,  and  a  struggle  between  them, 
aided  by  those  thinking  like  them,  and  the  national  power  all  over  the  United  States. 

Question.  So  that  if  it  had  succeeded  it  would  have  amounted  to  a  usurpation? 

Answer.  To  a  usurpation;  and  my  judgment,  founded  on  what  I  have  seen  and  heard,  is, 
that  it  is  a  favorite  object  with  them  to  destroy  the  United  States  government  whenever  an 
opportunity  shall  present  itself. 

Question.  Do  they  foresee  any  particular  method  of  getting  at  it  just  now? 

Answer.  I  think  that  in  that  respect  they  are  somewhat  in  the  condition  of  the  man  who 
was  waiting  for  something  to  turn  up  ;  but  in  my  judgment,  in  the  case  of  any  foreign  war, 
if  they  could  see  any  reasonable  hope  of  success,  by  joining  their  forces  and  power  with  a 
foreign  government,  they  would  do  it ;  and  if  they  did  not  do  it  collectively,  they  would 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  23 

do  it  very  extensively,  as  individuals.  That  is  to  say,  I  believe  that,  as  at  present  organized, 
and  even  as  at  present  governed  by  provisional  governments,  they  would  be  a  source  of 
weakness  to  the  national  power. 

Question.  Have  you  heard  that  particular  subject  spoken  of  by  rebels  of  position  and  in 
fluence  ? 

Answer.  The  subject  was  broached  in  a  conversation  I  had  with  one  of  them,  but  of  course 
there  was  no  plain  statement  made  of  what  they  would  do.  The  subject  came  up  in  the 
course  of  conversation  in  regard  to  the  present  state  of  affairs  in  Mexico.  The  gentleman 
with  whom  I  was  talking  is  one  of  the  most  respectable  of  the  returned  rebels  whom  I  have 
met.  He  was  one  of  that  class  who  were  Union  men  at  the  commencement.  Although  he 
believed  in  the  right  of  secession,  he  did  not  believe  that  they  had  occasion  for  it ;  or,  rather, 
he  was  one  of  that  numerous  class  in  Virginia,  and  I  presume  in  the  rest  of  the  south,  who 
did  not  believe  that  at  that  time  they  ought  to  secede,  but  that  they  ought  to  wait  for  an 
overt  act,  as  they  called  it,  on  the  part  of  the  general  government.  I  would  not  have  a  legal 
right  to  infer  what  I  did  infer  from  the  remarks  he  made,  but  I  inferred,  that  if  a  war  should 
spring  up  now  between  us  and  Trance,  it  was  his  judgment  they  would  be  a  source  of  weak 
ness  to  us.  I  do  not  think  that  he  personally  would  be  on  that  side  ;  but  others,  of  equal 
intelligence  and  more  bitterness,  say  that  they  have  not  the  slightest  respect  for  the  na 
tional  government — that  we  have  not  any  national  government.  Others  say,  and  I  have 
heard  them,  that  they  are  among  the  number  of  those  who  look  upon  emancipation  as  an 
outrage,  and  who  believe  that  slavery  will  be  reinstated.  Of  course  it  cannot  be  reinstated 
without  force  and  opposition  to  the  Constitution  and  laws  of  the  United  States.  In  the  course 
of  my  practice  in  Fairfax  county,  where  I  am  the  attorney  for  the  commonwealth  under  the 
reorganized  government,  which,  a  year  ago,  we  were  taught  to  consider  loyal  and  good,  I 
found  a  great  difficulty  in  getting  anybody  punished  who  was  a  secessionist,  or  a  sympa 
thizer  with  secessionists,  and  who  had  committed  any  depredation  upon  a  Union  man.  We 
had  one  capital  case — a  case  of  murder — where  a  Union  man  was  killed  by  a  fellow  who  had 
been  in  Mosby's  gang — a  noted  guerilla.  He  was  one  of  that  class  of  men  who  would  go  on 
both  sides.  He  had  deserted,  for  some  cause,  from  Mosby,  and  had  acted  with  us  for  awhile, 
giving  information,  but  his  feeling  as  a  rebel  was  not  changed.  This  fellow  murdered  a  man 
at  the  village  of  Falls  Church.  It  was  a  clear  case  of  deliberate  murder.  The  man  who  was 
murdered  was  a  Union  man,  and  he  and  others  were  talking  of  the  subject  of  the  Union.  It 
was  directly  after  the  re-election  of  Mr.  Lincoln,  and  that  was  the  subject  of  conversation 
between  the  deceased  and  several  other  gentlemen  on  the  front  stoop  of  a  store  there.  This 
man  drove  up  and  heard  some  of  the  conversation.  He  immediately  came  upon  the  stoop, 
and  in  a  very  violent  manner  threatened  one  of  the  men  in  conversation.  They  were  in  the 
position  of  two  men  about  to  fight,  when  this  man,  Porter,  who  was  killed,  interfered.  He 
had  at  the  time  a  very  sore  thumb,  with  his  arm  slung  up.  There  was  a  grudge  between 
them  on  account  of  general  politics.  Porter  interfered  by  stepping  up  and  touching  the 
party  who  finally  killed  him,  with  his  elbow,  and  saying,  "Don't  let  us  have  any  figlrting 
here."  The  other  fellow  turned  around,  with  an  oath,  and  demanded  to  know  if  he  took  it 
up.  I  suppose  Porter  noticed  that  there  was  danger.  He  stepped  back  and  said,  no,  he 
didn't  take  it  up.  The  tellow  immediately  drew  his  pistol  for  the  apparent  purpose  of  shoot 
ing  him,  when  he  was  interfered  with  by  other  parties.  After^  disengaging  himself  he  went 
around  where  he  could  get  a  fair  shot  at  the  man,  and  he  shot*  him,  so  that  he  died  in  a  few 
hours.  On  the  trial  of  that  case,  which  was  made  very  plain,  we  had  a  jury,  unfortunately, 
consisting  of  men  who  had  sympathized  with  the  rebellion.  There  was  but  one  Union  man 
on  the  jury.  They  were  men  of  comparatively  good  standing,  in  other  respects,  in  the  com 
munity.  They  refused  to  find  a  verdict  of  guilty  of  murder  in  any  degree,  and  eleven  in 
sisted  upon  an  acquittal.  The  one  Union  man,  however,  would  not  agree  to  that,  and  the 
eleven  thinking,  I  suppose,  that  it  was  safer,  finally  brought  in  a  verdict  of  manslaughter. 
According  to  the  provisions  of  Virginia  law,  the  juries,  in  such  cases,  are  allowed  to  pre 
scribe  the  amount  of  imprisonment,' and  they  made  it  one  year.  That  .was  the  result  of  that 
kind  of  trial  before  that  kind  of  jury.  When  I  tell  you  that  Fairfax  county  is  the  best  county 
in  the  State  ot  Virginia,  so  far  as  Unionism  is  concerned;  so  far  as  the  influence  of  northern 
men  is  concerned ;  so  far  as  loyalty  to  the  government  is  concerned,  you  can  draw  your  in 
ference  in  regard  to  the  resi  of  the  State.  The  fact  is,  that  Fairfax  county  has  been  the 
(Bounty  where  a  great  many  northern  men  have  settled.  At  the  time  of  the  breaking  out  of 
the  war,  there  were  nearly  two-fifths  of  the  population  northern  people. 

Question.  What  is  the  feeling  towards  the  freedmen  on  the  part  of  these  ex-rebels  ? 

Answer.  It  is  very  malignant.  The  freed  man  before  any  of  their  juries  stands  no  chance 
of  obtaining  his  rights,  although  he  Avill  stand  as  good  a  chance  as  a  Yankee  will,  or  as  a 
native-born  citizen  of  Virginia  who  has  been  a  loyal  man.  The  latter  even  stand  a  worse 
chance.  These  men,  all  of  them,  will  be  compelled  to  leave  the  State,  just  so  soon  as  they 
cease  to  be  protected  by  the  national  power.  They  cannot  stay  there.  I  am  intimately 
acquainted  with  the  Union  men  of  Fairfax  county,  necessarily,  and  I  do  not  know  one  of 
them  who  does  not  feel  that  he  has  got  to  leave.  I  know  that  almost  all  of  them  are  pre 
paring  now  to  leave,  and  it  it  were  possible  for  them  to  sell  their  lands,  even  at  a  large  sacri 
fice,  they  would  do  so  and  leave.  I  have  a  nretty  good  opportunity  to  know  that,  from  the 
fact  that  some  months  ago,  when  we  hoped  for  a  different  state  of  affairs,  I  undertook  to  act 


24  RECONSTRUCTION. 

as  agent  there  to  sell  lands ;  and  the  lands  of  these  people  are  nearly  all  for  sale.  They  feel 
that  they  must  leave  the  country. 

Question.  What  does  this  arise  from — from  a  feeling  of  insecurity? 

Answer.  Yes,  sir ;  if  they  understood  that  they  would  be  surely  protected  in  their  natural 
and  political  rights  they  would  not  only  remain,  but  if  a  territorial  government  was  given  to 
us  wo  should  have  a  tremendous  rush  of  immigration,  and  it  would  be  for  a  little  while  only 
that  it  would  be  necessary  for  the  general  government  to  make  any  special  protection  for  us, 
especially  if  we  had  equal  suffrage.  We  do  not  feel  afraid  of  the  suffrage  of  the  negroes  ; 
we  do  not  feel  afraid  that  they  would  give  their  votes  to  their  old  masters. 

Question.  In  case  the  negroes  were  allowed  to  vote,  would  they  not  be  likely  to  be  con 
trolled  by  their  old  masters,  and  vote  in  his  interest  and  according  to  his  dictation  and 
desire  ? 

Answer.  I  presume  that  would  be  true  to  a  certain  extent,  and  in  certain  localities ;  but 
these  colored  people  who  have  mixed  with  northern  men  would  be  controlled  by  them.  I 
infer  that  our  influence  over  the  negro  would  be  far  greater  than  that  of  the  rebels.  Proba 
bly  on  some  plantations  in  the  more  southern  States  the  masters  might  have  an  influence  over 
the  freedmen  for  the  time  being,  but  we  do  not  feel  any  danger  in  Virginia  in  that  respect.  I 
think  there  is  no  difficulty  in  reaching  them,  and  especially  if  we  can  have  a  territorial 
government  long  enough  to  let  the  freedmen  get  a  little  education,  which  they  are  very 
anxious  to  get. 

Question.  How  do  the  Union  men  feel  in  regard  to  the  policy  of  Mr.  Johnson,  in  granting 
pardons  so  liberally  ? 

Answer.  They  do  not  approve  of  it,  and  never  have  approved  of  it. 

Question.  Is  the  present  government  of  Virginia  generally  acceptable  to  the  people  of  that 
State? 

Answer.  It  is  acceptable  to  those  who  were  active  in  the  rebellion. 

Question.  But  is  it  acceptable  to  the  Union  men? 

Answer.  It  is  very  unacceptable.  They  consider,  in  fact,  that  the  government,  as  it  was 
reorganized,  and  out  of  which  grew  West  Virginia,  is  entirely  destroyed,  and  that  that  has 
been  done  by  disregarding  the  constitutional  provision  made  by  the  convention  at  Alexan 
dria  ;  though  I  am  of  the  opinion  that  even  with  the  provisions  of  that  constitution,  the 
white  Unionists  could  not  have  sustained  themselves  against  the  influence  of  overpowering 
numbers.  They  legislate  now  without  the  slightest  regard  to  that,  and  are  there  without 
having  taken  the  oaths  required  by  that  constitution.  They  have  been  elected  by  men  who 
were  disfranchised  by  that  constitution;  and  this  has  been  done  by  the  approval  and  assist 
ance  of  Governor  Peirpoint,  whom  we  consider  an  apostate.  He  was  advised  to  it,  as  I  am 
credibly  informed,  by  a  man  who,  it  seems  to  me,  has  more  influence  in  this  city  than  he 
ought  to  have,  Vho  never  did  anything  for  the  benefit  of  the  Union  till  after  the  surrender — 
I  mean  John  Minor  Botts.  The  Union  people  feel  all  this  very  much,  especially  those  native- 
born  Virginians  who  risked  their  lives  and  property,  and  everything,  in  order  that  the  nation 
might  not  be  hurt. 

Question.  What  effect  has  the  liberal  policy  of  President  Johnson  exerted  over  the  public 
mind  of  Virginia,  whether  upon  rebels  or  Unionists  ?  » 

Answer.  The  effect  upon  Unionists  has  been  to  discourage  them ;  it  makes  them  doubt 
whether  they  are  going  to  bo  protected  hereafter;  it  makes  them  feel  as  though  those  who 
had  been  against  the  government  during  the  war  were  more  sought  after  and  more  cared  for 
than  they,  and  that  they  would  continue  to  be  in  their  power.  The  effect  of  it  is  this,  that 
many  who  were  Union  men,  and  who  desired,  when  the  fall  of  Richmond  came,  to  have  it 
known  that  they  were  Union  men,  are  now  afraid  to  have  it  known  that  they  were  loyal. 
They  feel  that  they  must  deny  their  master.  On  the  other  hand,  that  policy  makes  the  rebels 
impudent,  exacting,  intolerant,  boasting,  and  vainglorious.  That  is  the  effect  of  it. 

Question.  On  the  whole,  do  you  think  that  that  policy  has  done  any  good  ? 

Answer.  I  would  say  this :  that  if  it  had  been  intended,  and  was  acted  upon,  as  an  experi 
ment  to  ascertain  the  animus  of  the  people,  it  may  have  had  a  good  effect  in  that  way  ;  but 
having  ascertained  that  animus,  the  further  practice  of  the  policy,  it  seems  to  me,  should 
stop. 

Question.  You  think  the  experiment  has  been  fully  tried? 

Answer.  I  do,  certainly ;  and  it  has  proved  a  failure,  unless  it  were  for  the  purpose  of 
ascertaining  what  effect  it  would  have.  My  own  opinion  always  has  been,  and  still  is,  that 
they  should  have  been  treated  as  rebels,  and  should  have  been  made  to  feel  that  to  be  a  rebel 
was  dishonorable  ;  that  they  have  lost  their  caste  among  men,  and  the  leaders  ought  to  have 
been  made  to  feel  that  they  were,  and  ought  to  be,  outcasts. 

Question.  Do  they  exhibit  any  such  feeling  now  ? 

Answer.  Not  the  slightest.  They  claim  that  they  acted  honorably  and  well.  They  act 
in  all  their  movements  upon  the  principle  that  those  who  took  the  most  active  part  in  the 
rebellion  should  be  first  cared  for  in  the  way  of  civil  offices,  or  anything  of  that  kind. 
Their  legislature  has  already  proposed  to  pension  the  widow  of  Stonewall  Jackson. 

Question.  You  mean  the  legislature  of  Virginia  ? 

Answer.  Yes;  I  said  "their"  legislature,  because  it  is  theirs;  it  is  not  ours ;  they  have 
proved  that.  They  say  that  Lee  shall  be  the  next  governor  of  Virginia,  and  they  even  think 
that  he  ought  to  run  for  President. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  25 

Question.  Do  you  know  of  anything-  else  you  wish  to  state  to  the  committee  ? 

Answer.  I  cannot  think  of  anything  particular. 

Question.  What  would  be  the  fate  of  the  freedmen  in  case  the  Freedmen's  Bureau  was 
abolished  and  the  federal  forces  withdrawn  ? 

Answer.  They  would  be  in  a  worse  state  of  slavery  than  ever  before — those  that  remain. 

Question.  Would  they  be  suffered  to  remain  in  the  country  ? 

Answer.  I  do  not  think  they  would,  as  a  general  thing,  unless  they  remained  as  servants, 
subject  to  the  absolute  rule  of  the  whites.  They  have  not  any  idea  of  prosecuting  white 
men  for  offences  against  colored  people ;  they  do  not  appreciate  the  idea.  I  do  not  think,  and 
have  not  thought  for  two  years,  that  there  is  any  way  to  reach  these  people  except  for  the 
government  to  take  control  of  the  country  and  give  perfect  security  to  all  loyal  people  so  as 
to  repopulate  the  country. 

Question.  In  such  a  case  as  that,  there  must  be  an  exodus  of  rebels  ? 

Answer.  There  would  probably  be  a  great  exodus  of  rebels  if  we  took  stronger  measures. 

Question.  Would  that  be  injurious  to  the  material  prosperity  of  the  State? 

Answer.  I  do  not  think  it  would  be  injurious  to  the  material  industry  of  the  country ;  I 
think,  on  the  contrary,  it  would  be  beneficial,  and  for  this  reason :  They  feel  a  great  repug 
nance  to  northern  enterprise,  and  will  use  all  their  influence  to  keep  it  out,  and  their  influence 
is  great,  for  the  people  of  that  country  have  been  always  subject  to  their  leaders,  obeying 
their  orders  as  much  as  soldiers  obey  military  orders.  To  see  any  northern  capital  come  in 
there  and  set  up  industrious  pursuits,  manufactures,  or  anything  of  that  kind,  so  as  to  increase 
immigration  from  the  north,  is  distasteful  to  them,  and  they  will  do  everything  to  prevent  it. 
The  action  of  the  legislature  shows  that  in  its  proposition — to  make  a  five  years'  residence 
necessary  for  voting. 

Question.  How  does  that  measure  stand  in  the  legislature  ? 

Answer.  I  understand  they  have  amended  it  so  as  to  reduce  the  term  to  two  years.  The 
constitution  which  the  loyal  men  made-  before  the  breaking  up  of  the  confederacy  provided 
for  one  year's  residence  only,  as  is  usual  in  other  States.  They  are  going  on  to  legislate 
without  reference  to  that  constitution  at  all. 

Question.  They  do  not  regard  the  constitution  formed  at  Alexandria  as  of  any  force  ? 

Answer.  They  do  not  seem  to. 

Question.  Is  it  not  under  that  constitution  the  legislature  is  assembled  ? 

Answer.  Yes,  so  far  as  the  form  is  concerned. 

Question.  They  disregard  the  provisions  of  the  constitution  ? 

Answer.  They  discard  its  provisions  in  many  respects.  There  is  one  simple  provision  in 
it  providing  for  a  change  by  the  legislature  in  one  particular  item  ;  they  make  that  a  stepping- 
stone  and  an  excuse  to  do  pretty  much  as  they  have  a  mind  to  with  the  constitution. 

Question.  What  is  that  item? 

Answer.  It  was  in  reference  to  the  disfranchisement  of  a  certain  portion  of  the  population. 
The  constitution  made  two  different  classes  of  disfranchised  persons,  and  provided  that  the 
legislature  might  enfranchise  one  of  these  classes  ;  that,  I  think,  was  the  extent  of  the  provi- 
sion.  They  make  good  use  of  that  clause.  I  do  not  think  of  any  other  items  at  this  time. 


WASHINGTON,  January  31,  1866. 

Lysander  Hill  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Alexandria. 

Question.  What  is  your  occupation? 

Answer.  I  am  a  lawyer. 

Question.  How  long  have  you  resided  in  Alexandria? 

Answer.  I  have  resided  in  Alexandria  for  two  or  three  years. 

Question.  Of  what  State  are  you  a  citizen  ? 

Answer.  Virginia. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir ;  I  am  a  native  of  Maine. 

Question.  What  have  been  your  opportunities  to  observe  the  state  of  public  feeling  in 
Virginia  since  the  close  of  hostilities  in  regard  to  the  government  of  the  United  States  7 

Answer.  I  have  made  it  something  of  a  study  to  observe  the  state  of  feeling  there ;  and 
while  I  have  been  confined  for  the  most  part,  in  my  own  observations,  to  the  city  of  Alex 
andria,  yet  I  have  seen  a  great  many  persons  from  all  parts  of  the  State. 

Question.  Have  you  seen  persons  from  the  southern  and  eastern  parts  of  the  State  ? 

Answer.  Yes ;  I  have  seen  persons  from  all  parts  of  the  State. 

Question.  What  is  the  general  state  of  feeling  on  the  part  of  the  rebel  portion  of  the  State 
of  Virginia  towards  the  government  of  the  United  States — friendly  or  unfriendly? 

Answer.  I  think  it  is  very  unfriendly.  There  are  very  few,  indeed,  of  those  who  are  rebels, 
who  would  accept  the  present  state  of  affairs  and  go  in  honestly  with  a  reconstructed  State 


2  6  RECONSTRUCTION. 

government ;  but  the  majority  of  them  are  just  as  bitter  and  more  bitter  than  they  were  when 
actual  hostilities  were  going  on. 

Question.  What  has  produced  that  increase  of  bitterness  ? 

Answer.  I  think  that  the  lenient'  course  of  the  government  towards  them  has  tended  to 
produce  it.  The  abolition  of  all  restrictions  on  the  elective  franchise,  admitting  those  who 
were  rebels  to  come  in  to  a  full  participation  in  thtfelective  privileges,  has  made  them  a  great 
deal  worse  than  they  were  before. 

Question.  From  what  source  has  that  relaxation  proceeded? 

Answer.  It  has  proceeded  really  from  Governor  Peirpoint  Peirpoint  engineered  the  matter 
after  he  went  to  Richmond. 

Question.  Is  there  no  limitation  in  Virginia  of  the  right  of  rebels  to  vote? 

Answer.  Not  in  the  slightest. 

Question.  And  has  the  present  legislature  been  elected  without  reference  to  the  distinction 
between  loyal  and  disloyal  citizens  ? 

Answer.  Yes,  sir;  elected  almost  unanimously  by  rebels. 

Question.  Then  the  legislature  is  a  rebel  legislature  ? 

Answer.  It  is  a  rebel  legislature  emphatically. 

Question.  And  that  character  has  arisen  from  the  policy  of  Governor  Peirpoint,  you  think? 

Answer.  There  is  no  doubt  of  it  at  all. 

Question.  What  restrictions  or  qualifications  does  the  Alexandria  constitution  contain  in 
regard  to  the  right  of  voting  ? 

Answer.  The  Alexandria  constitution  imposed  certain  restrictions  on  the  right  of  voting 
and  holding  office.  Article  III  of  the  constitution  reads  as  follows : 

"QUALIFICATION  OF  VOTERS. 

"SEC.  I.  Every  white  male  citizen  of  the  commonwealth  of  the  age  of  twenty-one  years 
who  has  been  a  resident  of  the  State  for  one  year  and  of  the  county,  city,  and  town  where 
he  offers  to  vote,  for  six  months  next  preceding  an  election,  and  who  has  paid  all  taxes 
assessed  to  him  after  the  adoption  of  this  constitution  under  the  laws  of  the  commonwealth, 
after  the  reorganization  of  the  county,  city,  or  town  where  he  offers  to  vote,  shall  be  qualified 
to  vote  for  members  of  the  general  assembly  and  all  officers  elective  by  the  people  :  Provided, 
however,  That  no  one  shall  be  allowed  to  vote  who,  when  he  offers  to  vote,  shall  not  thereupon 
take,  or  shall  not  before  have  taken,  the  following  oath : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United  States 
and  the  laws  made  in  pursuance  thereof  as  the  supreme  law  of  the  laud,  anything  in  the 
constitution  or  laws  of  the  State  of  Virginia,  or  in  the  ordinances  of  the  convention  that 
assembled  in  Virginia  on  the  13th  day  of  February,  1861,  to  the  contrary  notwithstanding; 
and  that  I  will  uphold  and  defend  the  government  of  Virginia  as  restored  by  the  convention 
which  assembled  at  Wheeling  on  the  llth  day  of  June,  1861;  and  that  I  have  not,  since 
the  1st  day  of  January,  1864,  voluntarily  given  aid  or  assistance  in  any  way  to  those  in 
rebellion  against  the  government  of  the  United  States  for  the  purpose  of  promoting  the  same. 

"But  the  legislature  shall  have  power  to  pass  an  act  or  acts  prescribing  means  by  which 
persons  who  have  been  disfranchised  by  this  provision  shall  or  may  be  restored  to  he  rights 
of  voters  when,  in  their  opinion,  it  would  be  safe  to  do  so.  Any  person  falsely  so  swearing 
shall  be  subject  to  the  penalties  of  perjury. 

"  No  person  shall  hold  any  office  under  this  constitution  who  shall  not  have  taken  and 
subscribed  the  oath  aforesaid ;  but  no  person  shall  vote  or  hold  office  under  this  constitution 
who  has  held  office  under  the  so-called  confederate  government  or  under  any  rebellious  State 
government,  or  who  has  been  a  member  of  the  so-called  confederate  congress,  or  a  member 
of  any  State  legislature  in  rebellion  against  the  authority  of  the  United  States,  excepting 
therefrom  county  offices." 

Question.  State  what  has  been  done  under  that  provision  of  the  constitution. 

Answer.  This  was  the  provision  of  the  Alexandria  constitution  which  was  adopted  in  April, 
1864,  and  is  the  fundamental  law  of  the  State.  The  legislature  which  was  in  existence  at 
the  time  of  the  surrender  of  Lee  consisted  of  about  twenty  members  altogether.  As  soon  as 
Governor  Peirpoint  got  to  Richmond  and  had  time  to  communicate  with  the  leading  Virgin 
ians,  chiefly  of  the  rebel  persuasion,  he  sent  around  to  the  members  of  the  legislature  asking 
them  to  meet  him  in  Richmond  to  consult  with  him  in  regard  to  the  state  of  public  affairs.  After 
they  went  to  Richmond  he  issued  a  call  for  an  extraordinary  session  of  the  legislature.  That 
legislature  met  at  Richmond  on  the  20th  or  21st  of  June  last,  and  immediately  repealed  all 
restrictions  upon  voting  and  referred  it  to  the  people  at  the  next  election  whether  the  legislature 
which  next  met  should  not  be  clothed  with  power  to  repeal  all  restrictions  upon  holding  office 
or  upon  amending  the  constitution.  All  restrictions  having  been  taken  away  from  voting, 
power  was  given  almost  unanimously  to  the  legislature  that  is  next  to  convene  to  alter  or 
amend  that  article  of  the  constitution.  The  legislature  that  has  just  assembled  at  Richmond 
this  winter  has  considered  itself  clothed  with  full  power  to  do  this,  and  has  proceeded  to  make 
such  amendments  as  they  considered  necessary.  These  amendments  have  been  to  abolish 
all  restrictions  upon  holding  office  or  voting,  growing  out  of  the  rebellion.  In  electing  mem 
bers  of  that  legislature  I  may  say  that  the  first  qualification  throughout  the  State  was  that 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  27 

the  candidate  should  have  been  actively  and  warmly  engaged  in  the  rebellion  against  the 
government  of  the  United  States  ;  any  person  who  put  himself  upon  his  record  of  loyalty  was 
sure  to  be  defeated.  The  condition  of  the  people  as  regards  obedience  to  the  government  of 
the  United  States  has  been  growing  gradually  worse  since  the  surrender  of  Lee  ;  and  it  has 
been  rapidly  growing  worse,  I  think,  since  the  legislature  met  at  Richmond. 

Question."  What  effect  has  the  President's  liberality  in  extending  pardons  and  amnesty  to 
the  rebels  had  upon  the  rebel  community  in  Virginia  ? 

Answer.  It  has  had  the  same  effect  in  character  as  the  repeal  of  the  restrictions  upon  suf 
frage  and  voting.  It  has  tended  to  produce  upon  the  minds  of  the  late  rebels  in  Virginia  the 
idea  that  they  can  split  the  Union  party  of  the  country,  and  array  President  Johnson  and  cer 
tain  classes  of  the  Union  party  with  him  in  opposition  to  that  party  which  did  the  actual  and 
effective  work  in  carrying  on  the  war.  They  are  going  to  form  an  extensive  alliance  with 
the  copperheads,  and  to  combine  to  confiscate  the  government  of  the  United  States.  That  is 
the  idea  they  have.  They  have  learned  to  regard  President  Johnson  as  a  natural  ally  of 
theirs  against  the  republican  party.  • 

Question.  Have  you  ever  seen  any  of  them  who  have  talked  with  the  President  about 
that? 

Answer.  I  do  not  recollect  that  I  have. 

Question.  How  do  they  feel  about  a  foreign  war  ? 

Answer.  There  is  a  small  party  among  the  old  men,  I  suppose,  who  would  do  nothing  in 
case  of  foreign  war  ;  and  they  might  perhaps  advise  others  to  do  nothing,  but  the  great  ma 
jority  of  the  active  men,  the  young  men,  would  try  to  assist  any  foreign  nation  at  war  with 
us.  I  have  no  doubt  that,  in  the  event  of  a  foreign  war,  the  first  thing  a  foreign  power 
would  do  would  be  to  send  emissaries  among  them  who  would  find  material  ready  for  use, 
plenty  of  it.  I  do  not  know  that  I  have  heard  any  of  them  express  that  sentiment  boldly, 
but  I  have  heard  of  their  expressing  such  sentiments,  that  they  were  desirous  of  a  foreign 
war. 

Question.  Is  the  organization  known  as  the  Knights  of  the  Golden  Circle  in  vogue  in  any 
part  of  Virginia  ? 

Answer.  If  it  is  it  is  secret. 

Question.  Do  you  know  of  the  rebels  entertaining  any  plan  of  reviving  the  rebellion  in  any 
form  whatever  ? 

Answer.  A  great  many  threaten  to  revive  it  in  the  same  old  form.  They  intend  to  revive 
it  in  Congress,  and  in  the  administration  of  the  country,  if  they  ever  get  the  opportunity. 
They  are  just  as  hostile  and  more  hostile  to  the  government  of  the  United  States  to-day  than 
they  were  a  year  ago.  They  know  that  their  military  power  is  broken,  and  that  is  all  the 
difference. 

Question.  Have  they  got  any  arms  or  military  facilities  at  all  in  case  of  an  outbreak  ? 

Answer.  Not  to  any  great  extent.  There  is  a  quantity  of  arms,  of  course,  all  through  the 
south,  but  not  to  such  an  extent  as  before  the  rebellion. 

Question.  Have  you  any  grounds  to  suppose  that  there  is  any  concert  between  the  leaders 
of  the  rebellion  now  existing,  having  in  view  a  renewal  of  the  war,  or  an  attempt  to  get  out 
of  the  Union  ? 

Answer.  I  should  not  suppose  there  was  a  concert  with  a  view  of  getting  out  of  the  Union, 
but  I  would  have  fears  in  case  of  a  foreign  war. 

Question.  Are  you  a  practicing  lawyer  ? 

Answer.  Yes  ;  and  I  have  made  it  a  special  study  to  examine  the  feelings  of  these  people 
since  I  have  been  in  Alexandria.  I  have  had  a  great  deal  of  curiosity  to  know  what  their 
feelings  were,  and  what  changes  have  been  going  on.  I  have  tried  to  induce  immigration 
there,  in  the  hope  of  changing  public  sentiment  in  that  way ;  and  I  have  been  obliged,  of 
course,  to  understand  the  feelings  of  the  people  in  order  to  talk  with  the  persons  who  were 
coming  from  the  north,  and  who  would  ask  me  a  great  many  questions.  I  have  probably 
seen  hundreds  coming  here  with  a  view  of  settling,  and  have  been  obliged  to  answer  their 
questions  and  give  them  information,  and  I  am  constantly  looking  out  for  .that  information. 

Question.  Do  you  suppose  it  is  safe  for  northern  men  to  go  into  Virginia  for  the  purpose 
of  settlement  ? 

Answer.  At  present,  in  some  parts  of  Virginia,  if  they  will  ignore  all  political  ideas  and 
simply  attend  to  the  cultivation  of  their  land,  they  may  remain  there. 

Question.  Suppose  they  do  not  ignore  or  suppress  their  Union  sentiments? 

Answer.  Then  I  would  not  want  to  advise  any  one  to  go  to  Virginia. 

Question.  Has  your  acquaintance  extended  beyond  Virginia  into  the  other  rebel  States? 

Answer.  No,  sir ;  except  as  derived  from  the  public  prints  and  from  gentlemen  who  have 
been  there. 

Question.  Is  there  any  further  statement  that  you  wish  to  make  ? 

Answer.  I  do  not  think  of  any. 


2  8  RECONSTRUCTION. 

WASHINGTON,  January  31,  1866. 
Josiah  Millard  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  your  reside? 

Answer.  Alexandria,  Virginia. 

Question.  Of  what  State  are  you  a  native  ? 

Answer.  I  am  a  native  of  Massachusetts. 

Question.  How  long  have  you  resided  in  Alexandria  ? 

Answer.  For  three  years  past.     I  have  been  in  the  State  of  Virginia  nine  or  ten  years. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  now  assessor  of  internal  revenue  for  the  third  district  of  Virginia. 

Question.  What  counties  does  your  district  include? 

Answer.  Alexandria,  Fairfax,  Prince  William,  Lo"udon,  Clark,  Shenaudoah,  Frederick, 
Warren,  and  other  counties. 

Question.  You  must  be  quite  well  acquainted  with  the  state  of  public  feeling  in  your  col 
lection  district? 

Answer.  Tolerably  well. 

Question.  Is  it  loyal  or  friendly  to  the  government  of  the  United  States  ? 

Answer.  No,  sir,  except  a  very  small  proportion  compared  with  the  population. 

Question.  About  what  proportion  ? 

Answer.  The  original  Union  men,  who  were  favorable  to  the  government  from  the  com 
mencement,  are  about  one  out  of  twenty — perhaps  hardly  that. 

Question.  Were  you  residing  in  Alexandria  during  the  war  ? 

Answer.  No,  sir ;  I  was  residing  in  Loudon  county.  I  was  taken  prisoner  by  the  rebels 
on  the  28th  of  May,  1861.  I  was  the  first  prisoner  taken  in  Virginia. 

Question.  What  effect  had  the  emancipation  proclamation  upon  the  rebels  ? 

Answer.  They  did  not  think  it  had  any  effect  at  all.  They  did  not  think  it  would  ever  be 
executed. 

Question.  Did  they  look  upon  it  as  a  pleasant  proceeding  on  the  part  of  Mr.  Lincoln  1 

Answer.  They  looked  upon  it  as  something  that  could  not  be  maintained. 

Question.  As  if  it  was  the  "  Pope's  bull  against  the  comet  ?" 

Answer.  Yes,  sir. 

Question.  How  did  they  like  the  fact  that  their  slaves  were  all  emancipated  ? 

Answer.  They  did  not  like  it  at  all.  They  protested  against  it  to  the  very  last,  and  some 
of  them  in  the  country  now  are  trying  their  very  best  to  make  the  colored  men  believe  that 
they  are  still  theirs  ;  that  they  are  not  free. 

Question.  Have  you  ever  occupied  any  other  public  station  than  you  now  hold  ? 

Answer.  No,  not  in  Virginia. 

Question.  How  do  the  rebel  people  feel  in  regard  to  the  preservation  of  the  government  of 
the  United  States  ?  Are  they  willing  to  pay  the  taxes  necessary  to  preserve  it  and  carry 
it  on? 

Answer.  It  is  with  great  reluctance  that  they  pay  their  taxes. 

Question.  Suppose  they  had  it  in  their  power,  would  they  abolish  all  taxes  to  pay  the 
national  debt? 

Answer.  Yes,  sir,  unanimously  so.  I  do  not  think  there  would  be  one  dissenting  voice 
among  them.  I  have  heard  it  repeatedly. 

Question.  Would  they  consent  to  contribute  their  proper  share  to  the  payment  of  the  rebel 
debt  if  they  had  the  opportunity  ? 

Answer.  I  think  they  would.     They  simply  claim  that  they  are  loyal  now  from  necessity. 

Question.  Suppose  that  necessity  was  taken  off  ? 

Answer.  To  illustrate  what  I  believe  to  be  the  general  feeling  among  the  rebels,  I  will 
state  a  conversation  I  had  with  one  of  the  leading  ones  the  other  day.  He  said  to  me,  "Sir, 
I  entered  into  this  thing  in  good  faith.  I  honestly  believed  it  to  be  right,  I  now  propose  to 
be  a  loyal  man,  to  accept  the  laws  of  the  United  States,  and  to  carry  out  all  proclamations 
and  requirements  of  the  President  of  the  United  States  in  good  faith."  I  said,  "Suppose 
we  examine  the  record  and  see.  There  is  one  thing  you  have  not  done ;  you  did  not  open 
your  church  on  Thanksgiving  day."  He  seemed  to  be  very  much  agitated  when  I  spoke 
about  that,  and  said,  "Why,  sir,  do  you  think  I  could  get  upon  my  knees  and  ask  God  to 
forgive  me  for  something  which  I  believed  to  be  right  ?"  Said  I,  "  That  is  the  point.  You 
are  as  big  a  rebel  to-day  as  you  ever  were.  You  are  simply  loyal  because  the  strong  arm  of 
the  government  makes  you  so."  And  that  is  the  general  feeling  with  all  the  leading  men  I 
have  conversed  with,  and  I  have  conversed  with  a  great  many. 

Question.  Has  there  been  great  destruction  of  property  in  your  district  during  the  war? 

Answer.  Yes,  sir,  very  ^reat. 

Question.  What  kind  ot  property  has  suffered  principally  ? 

Answer.  Agricultural  property,  live  stock,  and  mill  property. 

Question.  Have  you  ever  heard  anything  said  by  leading  men  in  your  neighborhood  about 
a  foreign  war  with  the  United  States  ? 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  29 

Answer.  Not  directly.  I  have  heard  it  intimated  that  if  such  a  thing  should  come  up, 
and  if  there  was  a  possible  chance  of  their  gaining  their  independence,  they  would  join  any 
power  to  accomplish  that  object. 

Question.  Have  you  heard  that  intimated  very  frequently  in  conversation? 

Answer.  Not  very  frequently.  They  do  not  intimate  it  unless  you  get  them  rather 
excited  and  warmed  up  in  conversation.  They  do  not  like  to  be  heard  saying  that,  particu 
larly  persons  who  have  taken  the  oath,  because  they  think  there  might  b'e  some  advantage 
taken  of  it. 

Question.  Could  a  jury  be  called  in  your  collection  district  which  would  convict  a  rebel  oi 
treason  for  making  war  against  the  government  of  the  United  States  ? 

Answer.  No,  sir,  it  could  not,  nor  could  there  be  one  selected  in  the  ordinary  way  to  give 
a  Union  man  any  justice. 

Question.  What  is  that  owing  to? 

Answer.  To  their  violent  prejudices  against  Union  men. 

Question.  Would  they  treat  men  from  the  free  States  in  the  same  way  in  your  courts  ? 

Answer.  Yes,  sir ;  I  think  they  wrould. 

Question.  How  would  they  treat  the  freedmen  ? 

Answer.  The  freedmen  would  have  no  show  of  justice  at  all,  not  a  particle. 

Question.  Do  they  seem  to  like  or  dislike  the  freedmen  as  such  ? 

Answer.  They  dislike  them  as  such.  Up  in  London  county  and  in  the  valley  they  have 
resolved  not  to  employ  the  freedmen. 

Question.  Are  there  associations  for  that  purpose? 

Answer.  Rather  neighborhood  association  of  that  kind.     I  know  of  several  such. 

Question.   How  are  they  going  to  get  their  work  done  ? 

Answer.  They  will  try  to  get  white  foreign  immigration. 

Question.  What  is  the  reason  of  that?  Is  not  work  done  by  a  negro  as  good,  in  their  esti 
mation,  as  that  done  by  a  white  man  ? 

Answer.  The  negro  being  free,  they  cannot  say  to  him,  as  they  used  to,  "Tom,  you 
must  do  this,  and  if  you  don't  I  will  give  you  a  cut."  They  cannot  talk  in  that  kind  of  way. 
They  say  they  have  raised  the  negroes,  and  have  fed  them  all  their  lives,  and  it  is  the  negro's 
duty  to  work  for  them. 

Question.  The  point  of  mortification  is  that  they  cannot  lawfully  whip  them  any  more? 

Answer.  Yes,  sir ;  that  is  it. 

Question.  They  regard  that  as  depriving  them  of  a  luxury  ? 

Answer.  Yes  ;  I  think  so.     I  have  seen  them  performing  it  as  if  it  was  a  luxury. 

Question.  Have  you  in  your  mind  any  particular  facts  which  you  wish  to  state  to  the  com 
mittee—any  facts  illustrating  your  views? 

Answer.  I  only  desire  to  say  this — that  unless  Congress  relieves  us  by  giving  us  some 
other  kind  of  government,  either  a  military  government,  or  some  other  government  that  will 
protect  the  Union  men,  the  firm  Union  men,  who  have  been  firm  to  the  government,  have 
got  to  leave  Virginia  and  the  south.  They  cannot  remain  there.  It  would  not  be  safe  for 
me  to  go  back  on  my  farm  and  reside  there. 

Question.  What  have  you  to  apprehend  ? 

Answer.  From  their  threats  I  apprehend  personal  violence. 

Question.  Are  such  threats  of  frequent  occurrence  ? 

Answer.  Very  frequent. 

Question.  You  are  a  Union  man  and  an  employe"  of  the  government? 

Answer.  Yes,  sir. 

Question.  Suppose  you  should  be  murdered  by  an  ex-rebel  out  of  revenge  and  from  dislike 
to  you  as  a  Union  man,  and  suppose  your  murderer  should  be  indicted  and  prosecuted  in  the 
proper  court  of  that  district,  and  a  jury  should  be  called  under  the  existing  laws  of  Virginia, 
have  you  not  grounds  to  suppose  that,  in  case  the  evidence  vras  plain  and  clear,  the  jury 
would  convict  that  man  ? 

Answer.  That  would  depend  upon  circumstances  very  materially.  If  the  case  was  very  plain 
and  clear,  and  there  was  no  possible  chance  to  cover  it  up,  the  jury  might  bring  in  a  verdict  of 
guilty,  but  it  would  be  very  pressing  circumstances  that  would  compel  them  to  do  it. 

Question.  Under  such  circumstances  you  would  rather  expect  that  they  would  render  a 
verdict  of  guilty,  if  the  evidence  was  plain  and  without  doubt  ? 

Answer.  Yes,  sir;  if  there  was  no  possible  chance  to  avoid  it.  I  have  seen  cases  tried 
there  similarly,  which,  to  me,  were  as  plain  as  the  sun  that  shines,  and  the  verdict  was  ren 
dered  quite  the  reverse. 

Question.  And  that,  you  suppose,  is  owing  to  the  prejudice  felt  generally  by  rebels  against 
Union  men  ? 

Answer.  Yes. 

Question.  Are  they  still  anxious  for  independence  of  the  national  government  ? 

Answer.  The  leaders  are,  all  of  them.  There  are  a  good  many  men  who  are  very  poor — 
reduced  almost  to  starvation — who  say  ' '  we  have  got  enough  fighting  ;  we  are  not  going  to 
fight  any  more."  But  hitherto  the  leaders  have  always  induced  them  to  do  what  they  wanted, 
and  they  will  probably  do  the  same  in  the  future. 

Question.  Has  the  material  prosperity  of  the  people  in  that  district  been  seriously  affected 
by  the  ravages  of  the  war  ? 


30  RECONSTRUCTION. 

Answer.  Yes,  sir;  the  valley  of  Virginia,  London  county,  Fairfax,  and  some  of  those 
counties,  have  been  very  materially  injured. 

Question.  Have  many  estates  been  coniiscated  under  the  laws  of  the  United  States? 

Answer.  There  were  a  good  many  seized,  but  the  proceedings  were  stopped  and  the  costs 
paid.  There  were  quite  a  good  many  estates  sold  in  Alexandria  and  some  in  Fairfax. 

Question.  What  would  be  the  effect  on  the  freedmen  if  the  Union  military  forces  were  re 
moved  ? 

Answer.  It  would  be  an  awful  affair.  It  would  be  something  which  I  have  not  language 
to  express. 

Question.  What  would  you  anticipate  ? 

Answer.  The  freedmen  would  be  reduced  to  take  just  what  compensation  their  employers 
chose  to  give  them,  and  the  latter  would  impose  such  penalties  upon  them  as  they  might 
deem  necessary.  The  result  would  be  really  the  annihilation  of  the  freed  men  in  a  short  time. 
It  would  not  take  a  great  while.  They  could  not  remain.  They  would  be  starved  to  death. 

Question.  How  would  it  be  in  reference  to  the  sick  and  aged  and  infirm  among  the  freed 
men  ?  Would  the  whites  be  willing  to  contribute  anything  for  their  support  ? 

Answer.  I  do  not  think  they  would. 

Question.  Would  they  leave  them  to  die  without  giving  them  a  helping  hand  ?  I  speak  of 
the  people  generally. 

Answer.  The  general  sentiment  among  the  leading  people,  I  think,  is,  that  they  would  re 
joice  if  the  freedmen  were  out  of  existence.  They  would  say,  "God  speed  them;  let  them 
get  out  of  the  way  as  soon  as  they  can." 

Question.  Why  do  they  feel  so  to  the  freedmen  ? 

Answer.  I  cannot  tell  you  the  reason  why.  They  feel  very  indignant  also  toward  the 
Union  men  who  had  been  living  among  them.  They  say  that  the  Union  men — the  northern 
fanatics — were  the  cause  of  their  failing. 

Question.  Why  should  they  detest  the  negro  so  bitterly? — he  has  been  passive  and  sub 
stantially  neutral. 

Answer.  That  is  true.  I  suppose  they  hate  him  because  he  was  the  cause  of  the  war,  and 
because  the  result  has  not  been  as  they  anticipated. 

Question.  Is  that  the  cause  of  their  deep  mortification  ? 

Answer.  I  expect  that  it  is ;  I  see  no  other. 


WASHINGTON,  January  31,  1866. 

Joseph  Stiles  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria  city.  I  am  a  citizen  of  Fairfax  county,  but  I  am  temporarily  re 
siding  in  Alexandria.  I  was  a  refugee  during  the  war,  and  have  not  gone  back  yet. 

Question.  Where  were  you  born  ? 

Answer.  In  Burlington  county,  New  Jersey. 

Question.  How  long  have  you  resided  in  Virginia  ? 

Answer.  About  twelve  years. 

Question.  Were  you  ever  a  slaveholder  ? 

Answer.  My  wife  had  an  interest  in  a  slave  estate,  but  I  never  became  fully  possessed  of  it. 

Question.  How  have  you  been  employed  during  the  war  ? 

Answer.  I  have  boen  in  the  military  service  of  the  government  as  a  guide  and  scout  and 
military  detective.  I  served  three  years  and  about  ten  months. 

Question.  That  was  rather  a  perilous  service,  was  it  not? 

Answer.  Yes,  sir,  sometimes. 

Question.  Relate  some  of  your  adventures. 

Answer.  I  left  my  home  in  Fairfax  county  the  Sunday  before  the  first  Bull  Run  battle,  and 
immediately  became  connected  with  the  army  in  that  capacity,  and  served  until  the  first  day  of 
June,  1864,  when  I  was  captured  by  the  rebels  and  served  a  short  term  in  Libby  prison.  I 
went  through  many  other  adventures  incident  to  that  business. 

Question.  How  long  did  you  serve  in  Libby  prison  ? 

Answer.  About  two  months. 

Question.  The  apprenticeship  was  sufficiently  long  for  your  comfort  ? 

Answer.  Yes,  sir,  plenty. 

Question.   How  did  they  treat  you  there? 

Answer.  The  treatment  was  bad,  but  I  fared  as  well  as  anybody  else.  They  were  not 
exactly  aware  of  my  business,  or  else  I  should  not  have  got  exchanged.  Since  my  discharge 
from  the  military  service,  I  served  a  short  time  as  deputy  United  States  marshal,  during 
which  time  I  travelled  over  some  few  counties  in  eastern  Virginia,  libelling  property.  I  met 
with  a  great  many  people,  and  talked  with  a  good  many  of  the  returned  soldiers  and  officers 
of  the  rebel  army,  and  with  a  good  many  citizens.  At  the  time  of  Lee's  surrender  the  feel- 


VIRGINIA NORTH    CAROLINA SOUTH   CAROLINA.  31 

i  ng  appeared  to  be  generally  th  at  they  were  glad  to  get  home ;  they  were  worn  out ;  they 
appeared  to  fear  confiscation,  taxation,  and  the  penalties  of  treason.  About  the  first  of  Sep 
tember  I  commenced  collecting  United  States  direct  taxes  in  Virginia,  and  since  that  time 
I  have  been  continually  out  in  the  counties  collecting,  and  have  met  with  a  great  many 
people.  I  find  the  sentiment  of  the  people  to  have  been  gradually  chan'ging  for  the  worse, 
in  my  opinion.  It  seems  to  me  that  the  rapid  promotion  of  rebels,  the  old  politicians,  to 
places  of  trust  and  honor,  has  had  a  great  tendency  to  render  treason  popular  instead  of 
odious.  It  appears  to  me  that  a  great  many  of  those  pel-sons  who  at  first  were  quiet  are  now 
beginning  to  talk  about  their  rights  again.  I  think  that  the  disloyal  feeling  of  the  people  is 
more  intense  now  than  it  was  immediately  after  the  surrender  of  Lee's  army. 

Question.  What  effect  has  the  liberal  policy  of  President  Johnson  in  granting  amnesty 
and  pardons,  and  restoring  property  that  was  confiscated,  had  upon  their  minds  ? 

Answer.  The  general  feeling  and  sentiment  of  the  people  appears  to  be  as  I  have  stated — 
getting  worse,  getting  more  unfriendly  to  the  government.  It  appears  to  me  that  the  leni 
ency  of  the  President  was  very  bad  for  the  Union  people.  Any  man  in  that  country  who 
sets  himself  up  as  a  candidate  for  office,  and  pretends  to  base  his  claim  upon  the  ground  that 
he  has  been  loyal  to  the  government  of  the  United  States,  would  be  considered  impudent — 
highly  so.  *  The  successful  candidates  for  office  all  base  their  claim  upon  the  ground  that 
they  have  been  positive  rebels,  and  that  they  fought  this  thing  out.  I  have  heard  them  boast 
that  they  were  in  the  army  until  the  surrender.  These  men  are  almost  universally  elected. 

Question.  -Do  they  appear  to  be  proud  of  the  part  they  have  acted  in  the  war  ? 

Answer.  Yes,  sir.  There  is  a  class  of  men  in  eastern  Virginia  who  are  good,  honest  peo 
ple.  They  are  tired  of  this  thing.  They  are  anxious  to  see  peace  and  quiet  restored  to  the 
country ;  but  unfortunately  that  class  of  people,  like  the  immigrants  from  the  north,  have 
very  little  to  say  in  the  reconstruction  of  affairs.  The  disappointed  politicians,  the  disap 
pointed  ex-rebel  officers,  who  were  slaveholders  and  wealthy,  and  who  mw  find  themselves 
in  a  poor  condition,  seem  to  take  the  lead  in  these  things,  and  it  has  often  occurred  to  me 
that  the  editors  and  politicians  were  using  the  United  States  mail  as  a  channel  for  commu 
nicating  matter  appealing  again  to  the  passions  and  prejudices  of  the  people. 

Question.  Have  you  any  ground  to  apprehend  another  outbreak  in  the  rebel  States? 

Answer.  No,  sir,  I  think  not.  But  it  looks  to  me  as  though  the  politicians  were  attempt 
ing  to  gain  by  political  intrigue  what  they  failed  to  secure  by  resort  to  arms.  If  they  can 
not  get  the  independence  of  the  confederacy,  they  will  try  to  get  all  the  control  they  can. 

Question.  Suppose  they  should  g«t  the  control  of  the  government  of  the  United  States, 
both  in  Congress  and  in  the  executive  branches,  how  would  they  use  their  power,  judging 
from  what  you  have  seen  and  heard  among  the  rebels  themselves  1 

Answer.  That  is  something  I  never  thought  of;  but  they  certainly  would  use  it  very  arbi 
trarily,  judging  from  what  they  do. 

Question.  From  what  you  have  seen  and  heard,  have  you  the  impression  that  the  masses 
of  the  rebel  people  have  any  respect  for  the  United  States  government,  or  for  the  loyal  peo 
ple  who  have  upheld  it  1 

Answer.  No,  sir.  I  think  there  is  a  majority  of  them  who  are  to  the  contrary,  decidedly 
so — especially  the  politicians  and  those  other  classes  I  referrel  to.  A  loyal  man,  especially 
one  who  has  been  actively  loyal,  stands  no  chance  of  a  show  of  justice  among  them  at  all. 
At  the  very  first  term  of  the  circuit  court  of  Prince  William  county,  indictments  were  found 
against  four  of  us  who  had  been  in  the  service  of  the  government.  I  believe  I  was  the  only 
one  in  the  actual  service  of  the  government;  but  the  other  three  were  refugees,  and  went  as 
volunteer  guides  upon  a  scouting  expedition  in  the  autumn  of  18b'3,  by  special  order  of 
Major  General  Heintzelman,  who  was  in  command  at  Washington.  It  was  a  scouting  ex 
pedition  in  pursuit  of  guerillas,  and  the  soldiers  on  that  occasion  took  from  a  man  who  was 
caught  running  the  blockade,  two  mules,  and  stole  some  of  his  chickens.  At  the  first  term 
of  the  circuit  court  this  man  went  before  the  grand  jury  and  made  a  statement,  and  they 
brought  in  a  bill  of  indictment  against  four  of  us.  I  wrote  to  the  clerk  of  the  court  for  inform 
ation  concerning  it,  and  he  informed  me  that  this  man  charged  me  with  being  present  with 
a  squad  of  soldiers  when  this  stealing  took  place  ;  but  still  this  reconstructed  grand  jury 
could  bring  in  an  indictment  on  that  information.  There  was  a  bench  warrant  issued  for 
my  arrest,  and  I  sent  them  word  where  I  was  and  to  come  and  arrest  me ;  that  they  would 
have  to  take  me  to  jail,  as  I  would  not  give  bail.  I  concluded  that,  if  the  military  authori 
ties  would  suffer  it,  I  would  see  what  it  would  result  in.  They  failed  to  come  and  arrest  me. 
I  suppose  they  thought  that  there  was  something  behind  by  my  sending  them  word.  There 
were  two  or  three  other  men  who  were  in  the  service,  and  who  were  arrested  since  on  the 
same  charge.  One  of  them  gave  bond  for  a  thousand  dollars  ;  the  other  t\vo  had  to  go  to 
jail.  The  one  who  gave  bond  came  to  General  Augur,  having  been  in  his  employment  be 
fore  ;  and  the  result  was,  General  Grant's  order  directing  military  division  and  department 
commanders,  whose  command  embraced  any  portion  of  the  seceded  States,  to  issue  and  en 
force  orders  prohibiting  civil  courts  from  prosecuting  any  person  who  had  been  in  the  em 
ployment  of  the  United  States  for  acts  done  in  the  service.  The  officials  of  the  county  of 
Prince  William  refused  to  release  these  two  men  at  first  on  that  order,  but  held  them  for  some 
time  on  the  ground  that  they  were  not  enlisted  men :  but  finally,  on  the  order  of  General 
Terry,  they  did  release  them.  I  was  indicted,  but  never  arrested.  I  suppose  the  indict- 


32  RECONSTRUCTION. 

ment  is  on  the  docket  yet,  and  that,  when  the  military  is  withdrawn,  it  will  be  renewed. 
Some  weeks  ago  I  heard  a  party  of  men  at  the  county  seat  of  Culpeper  county  remarking 
that  one  Smith  came  and  lived  on  their  land  and  then  joined  their  enemies  as  a  guide  to 
Kilpatrick.  One  of  them  remarked  that  Smith  had  killed  two  confederate  scouts.  A  young 
lawyer,  now  a  member  of  the  Virginia  State  senate,  advised  them  to  have  Smith  indicted 
and  tried  for  murder,  stating  that  they  could  convict  him. 

Question.  Has  that  been  attempted  ? 

Answer.  That  has  not  been  attempted  yet,  but  that  was  the  advice  which  this  member  of 
the  Virginia  State  seriate  gave.  It  almost  discourages  me,  after  fighting  four  years  and 
whipping  these -men,  to  be  placed  again  in  their  power,  and  be  sat  in  judgment  upon  by  these 
very  men.  By-the-by,  Moseby  was  engaged  to  assist  the  prosecuting  attorney  at  the  trial 
in  my  case. 

Question.  Where  is  Moseby  now  ? 

Answer.  He  is  at  Warrentou,  practicing  law.  It  occurred  to  me  that,  after  fighting  fonr 
years  and  still  feeling  need  of  protection,  I  had  better  leave  and  give  up  Virginia  ;  but  then, 
again,  it  occurred  to  me  that  they  could  make  a  requisition  for  me  as  a  fugitive  from  justice. 
Some  persons  have  looked  to  immigration  from  the  northern  Slates  into  the  south  to  neu 
tralize,  in  a  great  measure,  this  rebel  sentiment ;  but  unless  there  is  protection  given,  it 
never  will  be ;  and  if  these  State  governments  are  permitted  to  reconstruct,  and  to  go  on  in 
the  manner  they  are  going  on,  the  south  will  remain  a  nursery  of  treason.  The  rebels  say. 
"We  know  that  we  are  whipped  ;  we  are  overpowered  ;  but  we  hate  you,  and  we  will  teach 
our  children's  children  to  hate  you  !"  Their  favorite  expression  is,  "Every  dog  has  his  day, 
and  the  time  will  come,  some  time  or  other,  when  an  opportunity  will  present  itself  to  us." 

Question.  Is  that  feeling  very  general  ? 

Answer.  Yes,  sir. 

Question.  You  have  seen  evidences  of  it  wherever  you  have  been  in  Virginia  ? 

Answer.  Yes,  sir ;  especially  within  the  last  two  months. 

Question.  What  chance  does  a  Union  or  a  northern  man  stand  in  their  State  courts  ? 

Answer.  No  chance  at  all. 

Question.  Why  not  ? 

Answer.  The  popular  feeling  is  against  him  altogether,  and  he  has  it  all  to  butt  against. 
It  appears  to  me,  when  men  who  commit  treason  manifest  such  bad  faith  towards  the  len 
iency  shown  them,  there  is  no  show  for  justice  to  Union  men  in  any  case  that  affects  rebels. 

Question.  What  chance  does  a  freedman  stand  for  justice  at  their  hands  ? 

Answer.  As  a  general  thing,  he  does  not  stand  any  chance  for  justice  at  all.  You  may 
find  men  among  them  who  would  do  him  justice ;  but  they  are  too  few,  and  have  but  little 
to  say.1  I  found  lots  of  men  who  said  that  it  was  wrong  in  the  grand  jury  of  Prince  Wil 
liam  county  to  indict  me  ;  but  their  saying  so  did  not  have  any  effect ;  it  did  not  get  rid  of 
the  indictment  or  affect  public  sentiment  at  all. 

Question.  Do  you  think  there  is  generally  in  the  State  of  Virginia  a  willingness  to  have 
the  free  negroes  remain  among  them  ? 

Answer.  A  majority  of  the  persons  whom  I  have  heard  speaking  about  it  are  anxious  to 
have  them  sent  away. 

Question.  Where  do  they  propose  to  hare  them  sent  ? 

Answer.  I  have  not  heard  any  suggestion  as  to  the  place  where  the  government  should 
have  them  sent. 

Question.  WThy  do  they  want  to  have  them  sent  away  ? 

Answer.  I  have  not  heard  any  good  reason  advanced  for  it — anything  more  than  a  bitter 
ness  of  feeling  on  the  part  of  the  rebels  toward  the  negroes  because  they  cannot  control  them 
any  more. 

Question.  They  dislike  the  negroes  because  they  can  no  longer  control  them  by  force? 

Answer.  That  is  it.  I  find  a  very  strong  desire  to  get  rid  of  the  troops  also.  That  is 
very  prevalent,  as  far  as  I  have  been.  I  found  it  very  prevalent  among  all  persons  con 
nected  with  the  State  government. 

Question.  In  case  the  troops  were  withdrawn,  would  you  anticipate  scenes  of  violence 
and  riot  ? 

Answer.  Yes,  sir,  towards  loyal  men  and  frecdmen. 

Question.  Would  you  anticipate  the  expulsion  of  loyalists  from  Virginia  and  also  of  freed- 
meii? 

Answer.  Yes,  sir.  I  would  anticipate  the  expulsion  of  loyalists,  and  that  the  freedmon 
would  be  subjected  to  a  peculiar  kind  of  servitude  similar  to  the  kind  they  are  attempting  to 
bring  about  through  the  State  legislature.  I  have  heard  them  complaining  that  the  negro 
will  not  work. 

Question.  Is  there  any  foundation  for  that  complaint  ? 

Answer.  Some  of  the  negroes  will  work,  but  of  course  some  of  them  are  idle.  I  have  told 
a  good  many  of  these  rebels  that  they  were  standing  about  in  idleness  themselves,  finding 
fault  and  apparently  waiting  for  something  to  turn  up,  and  that  I  thought  the  negroes  were 
looking  on  following  their  example,  and  that  it  was  better  for  them  to  go  to  work  themselves 
and  set  a  good  example. 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  33 

'  Question.  If  they  paid  the  negro  fairly  for  his  labor,  would  he  not  work  as  willingly  as  the 
white  inan  ? 

Answer.  A  majority  of  them  would.  There  are  some  of  the  negroes,  of  course,  who,  be 
ing  suddenly  emancipated,  do  not  really  understand  it :  but  they  will  soon  come  into  it. 

Question.  Has  not  the  negro  a  strong  love  of  property  ? 

Answer.  Yes,  sir. 

Question.  They  love  money,  do  they  not  ? 

Answer.  Yes,  sir.  The  negroes  who  are  working  the  best  are  those  who  have  been  per 
mitted  heretofore  to  hire  their  own  time  and  go  around  and  work  for  themselves,  which  I 
think  proves  conclusively  that  when  they  have  an  opportunity  they  are  inclined  to  work  and 
take  care  of  themselves. 

Question.  Have  you  any  other  statement  that  you  wish  to  make  ? 

Answer.  None  that  occurs  to  me  at  this  time.  I  sincerely  hope  that  the  government  of  the 
United  States  will  not  resign  loyal  men  into  the  hands  of  these  people. 


WASHINGTON,  January  31,  1866. 
Jonathan  Roberts  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  What  is  your  official  position  ? 

Answer.  I  am  sheriff  of  Fairfax  county,  Virginia. 

Question.  How  long  have  you  been  sheriff  of  Fairfax  county  ? 

Answer.  Nearly  four  years.  They  elected  me  sheriff  when  we  reorganized  our  county, 
after  the  rebellion  broke  out.  They  re-elected  me  before  the  rebellion  burst,  and  my  time  is 
not  out  yet. 

Question.  Does  your  acquaintance  extend  much  beyond  that  county  ? 

Answer.  Not  minutely.     I  have  been  seventeen  years  a  resident  of  that  county. 

Question.  How  much  chance  is  there  for  a  Union  man  in  the  courts  of  that  county  who 
should  be  a  party  against  a  rebel  in  a  suit  ? 

Answer.  None;  not  so  far  as  justice  goes.  Let  me  qualify  that.  In  the  reorganization 
of  our  county  the  magistrates  who  were  elected  were  almost  all  Union  men,  and,  so  far  as 
they  go,  they  are  all  right ;  but,  when  we  come  to  a  jury,  we  have  to  take  the  masses  as  they 
come,  and  there  is  no  chance  at  all  for  justice. 

Question.  You  have  to  draw  your  jurors  by  lot  ? 

Answer.  Yes  ;  and,  since  the  surrender  and  coming  home  of  the  rebels,  there  is  less  chance 
for  getting  a  jury  who  will  act  justly. 

Question.  Could  you  gather  a  jury  in  Fairfax  county  that  would  convict  of  treason  one  or 
these  rebels  ? 

No,  sir. 

Question.  Could  you  pack  a  jury  in  that  county  that  would  do  it  ? 

Answer.  No,  sir.  I  have  no  means  of  packing  a  jury.  As  the  sheriff  of  the  county  I 
have  the  right  to  select  the  jurors  to  be  summoned,  and  then  a  jury  is  drawn  from  them  by 
lot.  Just  before  the  surrender  of  Lee  there  was  a  case  tried  of  a  returned  rebel  who  shot  a 
Union  man  at  Falls  Church.  I  endeavored,  not  particularly  to  get  all  Union  men,  but  to 
get  all  who  I  thought  would  do  right.  The  lawyers  for  the  defence,  however,  managed  to 
get  nine  out  of  twelve  rebels  on  the  jury.  The  evidence  was  just  as  plain  and  positive  as  it 
could  be — indeed,  the  facts  were  admitted;  and  yet  the  jury  brought  in  a  verdict  of  man 
slaughter,  with  one  year's  imprisonment.  Nine  of  them  went  for  acquitting  him  entirely  ; 
but  the  three  Union  men  would  not  agree  to  it,  and  finally  they  compromised  with  one  year's 
imprisonment.  If  it  had  been  the  other  way,  or  if  a  rebel  had  killed  a  rebel,  there  would 
have  been  no  doubt  at  all  about  his  conviction. 

Question.  How  large  a  proportion  of  the  people  of  Fairfax  county  are  Union  men  ? 

Answer.  I  suppose  we  have  twelve  hundred  votes  in  our  county,  and  I  do  not  suppose  we 
could  number,  with  the  returned  northern  men  and  all,  three  hundred  Union  votes,  all  told. 

Question.  Is  there  any  real  friendship  for  the  government  of  the  United  States  among 
these  rebels  ? 

Answer.  None  whatever  among  the  leading  rebels.  I  would  modify  that.  If  they  could 
get  the  power  that  they  had  before  the  rebellion  they  would  not  try  it  again  while  that  was 
the  case.  But  they  hate  the  Yankees,  as  they  call  all  northern  men,  and  while  the  govern 
ment  of  the  United  States  is  in  the  control  of  northern  men,  or  Union  men,  they  will  hate  it, 
and  they  do  hate  it,  and  do  everything  they  can  to  injure  it. 

Question.  What  has  been  the  effect  of  President  Johnson's  liberal  policy  in  granting  par 
dons  to  rebels  and  restoring  their  estates  to  them  ? 

Answer.  We  think,  down  there,  and  I  think,  that  it  has  been  bad.  As  soon  after  the  sur 
render  of  Lee  as  the  rebels  could  get  home  they  all  seemed  to  be  perfectly  satisfied  with 
everything.  So  as  they  only  got  home,  they  were  glad  enough  to  submit  to  anything.  They 
would  shake  hands  with  the  Union  men  and  be  as  clever  as  you  pleased.  But  leading  men 

3 — V  NC  SC 


34  RECONSTRUCTION. 

got  their  pardons,  and  then  they  began  to  sue  Union  men  for  everything  they  cottld  get 
hold  of.  A  returned  rebel,  who  was  taken  prisoner  for  shooting  our  pickets  up  at  Fauquier 
county — an  old  slave  trader — came  back  and  sued  me,  as  sheriff,  for  property  which  I  was 
put  in  possession  of  for  the  benefit  of  the  court.  I  was  put  in  possession  by  an  order  from 
the  Secretary  of  War.  He  sued  me  as  a  trespasser  the  minute  he  got  buck.  If  it  was  to  go 
on  to  a  trial  they  would  convict  me. 

Question.  You  have  resorted  to  some  means  to  stop  it  ? 

Answer.  Yes  ;  that  is  good  while  the  military  are  there,  but  will  not  protect  me  one  hour 
after  the  military  are  taken  away. 

Question.  Are  you  a  native  of  Virginia? 

Answer.  No,  sir,  I  am  a  native  of  New  Jersey.  I  have  been  in  Virginia  for  seventeen  or 
eighteen  years.  I  went  there  in  1848. 

Question.  How  do  they  feel  toward  the  freedmen? 

Answer.  Some  have  a  liberal  feeling  toward  them,  but  the  great  majority  of  them  are  very 
bitter,  just  because  they  have  been  liberated.  Many  of  them  who  used  their  slaves  pretty 
well  before  are  very  bitter  now.  They  want  to  drive  them  away,  and  do  everything  they 
can  to  drive  them  away,  to  make  the  government  odious  for  freeing  them. 

Question.  Could  they  easily  supply  their  places  as  laborers  ? 

Answer.  They  could  not. 

Question.  What  are  they  going  to  do  for  laborers  ? 

Answer.  They  seem  to  be  reckless  of  consequences. 

Question.  Is  it  a  species  of  blindness? 

Answer.  Yes,  sir ;  it  is  a  kind  of  mania  that  has  possession  of  them  ;  it  seems  to  be  their 
old  prejudice,  and  the  result  of  blasted  hopes  and  blasted  doings.  That  seems  to  be  the 
definition.  You  asked  me  whether  Union  men  would  be  protected  and  allowed  to  live 
quietly  if  the  troops  were  withdrawn.  I  have  got  one  thing  to  say  in  that  respect.  If  it 
was  known  publicly  that  I  came  here  and  made  this  statement  before  you,  I  would  not  be 
safe  one  hour.  There  is  evidently  a  band  of  people  secretly  bound  among  themselves  to  be 
true  to  each  other,  and  to  do  all  the  injury  they  can  to  Union  men.  There  are  plenty  of 
horse-thieves  over  there.  They  steal  horses  and  cattle,  and  there  is  no  convicting  them  be 
cause  they  are  bound  together ;  and  if  one  undertakes  to  blab  upon  another,  some  of  the 
party  will  shoot  him.  That  was  the  case  there  recently,  where  a  man  named  Sexton  was 
shot. 

Question.  Do  you  suppose  there  is  a  secret  association  among  them  to  protect  each  other? 

Answer.  I  have  no  doubt  of  it  at  all  This  Mr.  Sexton,  who  was  shot  at  Herndon  the 
other  day  by  McDonald,  one  of  the  gang,  stated  upon  his  dying  bed  that  he  was  shot  to 
prevent  his  giving  evidence  against  them  for  horse-stealing. 

Question.  How  do  they  feel  in  regard  10  the  war  debt  of  the  United  States  ? 

Answer.  I  do  not  know  that  I  can  say  much  about  it,  only  from  what  I  learn  from  the 
newspapers,  &c.  They  would  hate  most  to  pay  this  direct  tax ;  but,  as  a  war  debt,  I  do 
not  know  that  I  have  heard  much  said  about  it.  My  brother-in-law,  who  is  United  States 
assessor  at  Richmond,  tells  me  that  they  talk  down  there  as  if  they  would  like  to  pay  their 
own  war  .debt,  but  they  do  not  like  to  pay  Uncle  Sam's.  I  have  heard  but  little  of  it,  ex 
cept  in  newspaper  editorials. 

Question.  Do  you  think  that  the  general  sentiment  is  that  they  would  repudiate  the  federal 
war  debt,  if  they  had  the  power  to  do  so  ? 

Answer.  There  is  not  a  particle  of  doubt  about  that. 

Question.  Do  you  think  they  would  consent  to  assume  to  pay  the  debt  of  the  confederate 
government  if  they  had  the  opportunity? 

Answer.  There  might  be  some  who  would  object  to  it,  but  the  leading  men — those  who 
would  control  things — would  pay  it.  There  is  no  doubt  of  it. 

Question.  Would  the  rebels  join  a  foreign  enemy  in  case  of  a  war  between  this  country 
and  a  foreign  power? 

Answer.  I  do  not  think  they  would  like  to  join  England.  They  are  sore  upon  England. 
I  think  they  would  willingly  join  with  France,  and  that  they  would  jump  at  the  chance  of  a 
war  with  Mexico.  The  rank  and  file  do  not  want  to  go  to  war,  but  they  are  completely  under 
their  leaders.  They  do  not  talk  much,  but  I  can  hear  them  saying,  once  in  a  while,  "  We 
are  biding  our  time;  we  are  only  just  subjugated  at  present;  we  are  not  whipped  ;  we  are 
only  overpowered;  we  will  be  at  it  again  one  of  these  days;  we  will  bide  our  time" — and 
such  expressions  as  these. 

Question.  It  appears  to  be  not  a  state  of  contenteduess  under  the  government  of  the 
United  States  ? 

Answer.  None  whatever.  If  you  knew  the  southern  character  as  well  as  I  do,  you  would 
confess  that  there  is  nothing  but  force  will  make  them  yield.  You  cannot  coax  them.  They 
respect  force,  and  nothing  else.  They  are  educated  to  it.  One  class  is  educated  to  drive, 
and  another  to  be  driven,  and  they  do  not  believe  in  anything  else.  Law  they  do  not  respect 
for  its  moral  obligations  ;  but,  if  they  can  do  anything  which  the  law  cannot  absolutely  take 
hold  of;  if  they  can  just  manage  to  steer  clear  of  the  law,  they  will  do  it.  If  they  have  a 
grudge  against  a  man,  they  will  plan  all  manner  of  schemes  to  gratify  their  grudge  in  a  man 
ner  that  the  law  will  not  get  hold  of  them.  They  will  get  drunk  and  to  quarrelling  with  a 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  35 

man  that  they  have  a  spite  against,  so  that  they  may  not  appear  to  be  malicious  in  the 
matter. 

Question.  In  their  personal  resentments  are  they  perfidious  ? 

Answer.  They  are  really  nothing  but  perfidy. 

Question.  Are  they  revengeful  ? 

Answer.  They  are  especially  revengeful  just  as  tar  as  they  think  they  can  escape  the  law. 
Before  the  war,  when  northern  men  went  there,  they  would  be  glad  to  receive  them,  and  get 
their  money;  and  as  soon  as  they  got  their  money  they  seemed  to  take  a  delight  in  banding 
together  and  injuring  them  as  much  as  they  could — in  contriving  to  cheat  them,  and  then 
drive  them  away.  That  seemed  to  be  a  systematic  thing.  All  the  northern  people  of  that 
county  will  tell  you  the  same  thing.  I  was  a  little  isolated  when  I  went  there,  and  yet  they 
would  come  and  tear  down  my  fences,  and  turn  in  their  hogs  and  stock,  and  do  all  they 
could  to  injure  me.  The  Union  men  will  have  no  kind  of  show  at  all  unless  the  government 
will  protect  them. 

Question.  You  would  advise  the  continuance  of  the  military  force  there? 

Answer.  The  Union  men  cannot  stay  there  unless  the  military  force  is  continued. 

Question.  And  also  the  Freedmen's  Bureau  1 

Answer.  I  would.  We  are  not  going  to  have  any  safety  under  our  present  State  organi 
zation.  I  say  that  although  I  am  a  sheriff,  sworn  to  sustain  the  reorganized  government, 
yet  I  do  not  believe  that  it  is  reorganized  while  rebels  control  it.  They  are  now  passing 
laws  there  to  disfranchise  men  who. have  been  voters  there.  They  are  passing  vagrant  laws 
on  purpose  to  oppress  the  colored  people  and  to  keep  them  in  vassalage,  and  are  doing  every 
thing  they  can  to  bring  back  things  to  their  old  condition,  as  nearly  as  possible. 


WASHINGTON,  D.  C.,  January  31,  1866. 
Charles  R.  Joyce  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria. 

Question.  What  are  you  by  profession  ? 

Answer.  Machinist  and  engineer. 

Question.  How  long  have  you  resided  in  Alexandria  ? 

Answer.  Fifteen  years. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir ;  I  am  a  native  of  Maryland. 

Question.  How  extensive  is  your  acquaintance  in  the  State  of  Virginia-? 

Answer.  Nothing  outside  of  Alexandria;  I  have  never  been  further  in  Virginia,  than 
Gordonsville. 

Question.  Have  you  taken  any  part  in  the  late  war  ? 

Answer.  At  the  beginning  of  the  war  I  was  nine  months  in  the  volunteer  navy  as- engi 
neer  on  board  of  one  of  the  transports  ;  she  was  afterwards  taken  by  Admiral  Goldsborough 
as  his  flag-ship.  I  was  at  the  battles  of  Roanoke  Island  and  Newbern  ;  I  was  taken  sick 
with  typhoid  fever  and  sent  home  and  got  discharged.  I  afterwards  went  to  work  for  the  gov 
ernment  at  the  depot  of  the  military  railroad  ;  I  have  been  to  work  for  the  government  during 
the  Avar  up  to  the  13th  of  November  last. 

Question.  What  is  the  feeling  of  the  people  of  Virginia  in  regard  to  the  government  of 
the  United  States  ? 

Answer.  I  believe,  from  the  intercourse  I  have  had  with  themT  that  they  are  opposed  to  the 
government ;  not  all  of  them,  however  ;  there  are  a  few  Union  men  in  Alexandria,  but  those 
rebels  who  have  come  back  since  the  war  are,  I  believe,  as  strong  if  not  stronger  against 
the  Union  than  they  were  when  they  went  away. 

Question.  Your  acquaintance  does  not  extend  much  beyond  Alexandria-? 

Answer.  No,  sir. 

Question.  Have  you  any  acquaintance  with  the  leaders  of  the  rebellion  in  Virginia  ? 

Answer.  Nq,  sir;  except  with  some  men  who  went  away  from  Alexandria,  officers  of  com 
panies. 

Question.  What  effect  has  the  liberality  of  President  Johnson  in  regard  to  pardons  and 
amnesties  had  upon  the  minds  of  the  rebel  population,  so  far  as  you  have  been  able  to  ob 
serve  it? 

Answer.  I  think  if  a  different  course  had  been  pursued  they  would,  have  been  a  different 
people. 

Question.  Different  what  way — better  or  worse  ? 

Answer.  I  think  they  would  have  been  better  ;  I  think  there  has  been,  too  much  leniency 
used  ;  I  think  the  government  has  extended  too  much  leniency  towards  them. 

Question.  What  particular  eifect  has  that  leniency  produced  upon  them.? 


36  RECONSTRUCTION. 

Answer.  It  has  made  them  more  defiant.  It  looks  to  me  as  if  they  thought  the  govern 
ment  was  afraid  of  them,  and  was  pursuing  this  course  to  conciliate  them. 

Question.  Is  there  any  particular  fact  on  your  mind  which  you  desire  to  state  to  the  com 
mittee  ? 

Answer.  No,  sir ;  my  opinion  is  that  if  the  rebels  should  get  control,  they  would  proscribe 
the  Union  men  politically  and  socially. 

Question.  In  such  an  event,  would  you  stand  in  fear  of  violence  on  the  part  of  ex-rebels  ? 

Answer.  Yes,  sir ;  they  threatened  to  drive  me  out  of  the  town  at  the  commencement  ot 
the  war;  they  sent  me  word  if  I  was  not  careful  of  how  I  talked  they  would  drive  me  out  of 
town;  but  I  defied  them,  and  they  never  bothered  me. 


WASHINGTON,  February  1,  1866. 
J.  J.  Henshaw  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

Answer.  Lovettsville,  London  county,  Virginia. 

Question.  How  long  have  you  resided  there  1 

Answer.  I  have  resided  there  since  1856,  with  the  exception  of  being  absent  from  the  28th 
of  June,  1863,  uutil  the  4th  of  July  last.  I  was  necessarily  compelled  to  be  absent  during 
that  time  in  consequence  of  the  rebellion. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  I  am  ;    I  was  born  in  the  county  of  Frederick,  Virginia. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  a  practicing  physician. 

Question.  How  extensive  is  your  acquaintance  throughout  the  State  of  Virginia  ? 

Answer.  Not  very  extensive ;  I  have  been  in  Richmond  as  a  member  of  the  legislature  last 
spring — I  mean  the  loyal  legislature  that  went  from  Alexandria.  I  was  called  there  on  that 
extraordinary  session,  and  was  there  three  days;  I  have  never  been  in  Richmond  before. 
Some  years  ago  I  travelled  the  whole  length  of  the  Sheuaudoah  valley,  but  I  cannot  say  that 
I  know  much  about  the  country  or  the  people  now,  of  course. 

Question.  From  your  knowledge  and  information,  what  is  the  general  feeling  of  the  rebel 
people  in  London  county  towards  the  government  of  the  United  States  ? 

Answer.  In  the  precinct  where  I  reside  we  had  but  very  little  disloyalty  ;  we  have  about 
375  voters,  at  the  lowest  estimate,  and  there  are  not  twenty-five  rebels  anioug  them,  all  told. 
Consequently,  there  being  so  few  rebels  in  that  particular  locality,  they  are  very  quiet,  and, 
generally  speaking,  conduct  themselves  very  well.  I  have  noticed  this  difference :  Before  I 
left  the  State,  in  the  spring  of  1863,  my  own  warmest  friends  and  most  intimate  associates 
were  rebels,  who  had  belonged  to  the  whig  party  generally  before.  Since  I  went  back,  with 
the  exception,  I  think,  of  three  families  that  I  have  met  in  the  outskirts  of  my  ride,  I  have 
not  been  invited  to  call  and  see  one  of  my  old  friends. 

Question.  Do  you  mean  professionally  ? 

Answer.  No,  sir  ;  socially. 

Question.  Have  you  been  called  professionally  among  them? 

Answer.  Only  in  my  immediate  vicinity  ;  there  I  practice  among  them  as  well  as  among 
others. 

Question.  Have  you  been,  uniformly,  a  Union  man  yourself? 

Answer.  Yes,  sir ;  all  the  time. 

Question.  You  never  have  rendered  any  service  to  the  rebel  confederacy  ? 

Answer.  None ;  and  in  consequence  thereof  I  had  to  leave  ;  I  was  compelled  to  leave  or 
report  to  General  Jones,  at  Charlestown,  on  the  28th  June,  1863. 

Question.  Who  was  General  Jones  ? 

Answer.  A  rebel  general.  The  rebels  were  then  on  the  raid  into  Maryland,  and  I  was 
captured  and  notified  to  meet  my  captors  the  next  evening-  or  morning,  at  a  certain  point,  to 
go  with  them  to  Charlestown.  I  of  course  did  not  meet  them,  but  crossed  the  Potomac  river 
into  Maryland. 

Question.  How  were  you  treated  by  the  rebels  into  whose  hands  you  fell?  j* 

Answer.  They  gave  me  time  to  report  at  a  certain  place  and  to  go  with  them  to  the  gen 
eral  ;  but  I  left  the  State  and  did  not  go  back  to  remain  there  until  the  4th  of  July  last. 

Question.  What  is  the  feeling  on  the  part  of  the  rebel  population  where  you  are  acquainted 
towards  the  government  of  the  United  States  ? 

Answer.  As  far  as  I  am  capable  of  judging,  they  are  as  hostile  to-day  to  the  government  of 
the  United. States  and  to  the  loyal  people  of  the  State  of  Virginia  as  they  ever  were.  There 
may  be  a  few  honorable  exceptions,  but  they  are  very  few. 

Question.  Are  there  many  among  them  who  have  been  pardoned  by  the  President? 

Answer.  There  are  some  in  our  county. 

Question.  What  kind  of  feeling  do  they  manifest? 

Answer.  I  have  not  met  with  them  at  all,  and  cannot  tell  what  their  feeling  may  be. 


VIRGINIA —NORTH    CAROLINA — SOUTH    CAROLINA.  37 

Question.  What  effect  has  generally  been  produced  on  the  minds  of  ex-rebels  by  the 
liberality  of  the  President  in  granting:  pardons  and  amnesties  ;  how  do  they  regard  that  policy, 
and  what  effect  has  it  had  upon  their  hearts  and  conduct? 

Answer.  That  would  be  a  very  difficult  question  for  me  to  answer,  and  it  is  a  little  deeper 
in  than  I  am  able  to  see.  But,  if  I  am  to  judge  from  what  I  hear,  they  do  not  appreciate 
the  kindness  of  the  government  at  all,  or  only  so  far  as  it  may  serve  their  purpose. 

Question.  Do  you  think  that  that  policy  has  had  a  tendency  to  quiet  their  feelings  and  rec 
oncile  them  to  the  authority  of  the  United  States? 

Answer.  It  should  have  had. 

Question.  But  does  it  have  according  to  your  observation? 

Answer.  I  do  not  think  I  can  say  it  has. 

Question.  You  have  mingled  among  them  to  a  large  degree  since  you  went  back  ? 

Answer.  Yes,  sir;  with  the  few  that  wre  have  in  our  neighborhood. 

Question.  State  whether,  in  speaking  of  the  United  States  and  its  government,  they  are  in 
the  habit  of  using  expressions  of  respect  for  it  or  of  contempt,  or  dislike  ? 

AnsAver.  I  do  not  know  that  I  can  say  that  I  have  heard  one,  since  I  have  been  back,  speak 
ing  disrespectfully  of  the  government ;  I  do  not  know  that  I  have. 

Question.  Is  there  any  other  fact  which  you  want  to  'state  to  the  committee  ? 

AnsAver.  If  I  am  only  to  state  mainly  what  I  am  an  eye-witness  to  I  do  not  believe — 

Mr.  HOWARD.  You  can  state  Avhat  you  hear  from  credible  sources  of  information. 

Answer.  I  Avill  state  a  circumstance  that  I  have  from  unquestionable  authority,  from  some 
young  men  Avith  whom  I  was  Avell  acquainted  AA-hen  a  refugee  and  Avho  have  since  gone  back 
to  their  homes  in  Fauquier  county.  These  men  have  been  loyal  and  respectable,  and  they  as 
sure  me  that  they  got  this  information  through  Mosby's  men — that  Mosby  had  notified  them 
to  hold  themselves  in  readiness.  His  words  were :  "Boys,  hold  yourselves  in  readiness,  for  it 
will  not  be  more  than  tAvelve  months  until  I  Avantyou  again." 

Question.  What  are  the  names  of  the  persons  who  gave  you  this  information  ? 

AnsAver.  John  E.  Fletcher,  William  H.  Fletcher,  and  Marion  Fletcher,  three  brothers  with 
AAThom  I  Avas- well  acquainted  when  north  of  the  Potomac.  They  got  it  from  members  of 
Mosby's  gang.  I  do  not  knoAv  a  better  man  than  John  E.  Fletcher  to  be  summoned  before 
your  committee. 

Question.  Do  you  get  this  statement  from  Mr.  Fletcher? 

AnsAver.  Yes,  sir. 

Question.  And  he  told  you  that  some  of  Mosby's  men  had  made  this  statement  in  his  pres 
ence  ? 

AusAver.  Yes,  sir. 

Question.  Does  Mr.  Fletcher  live  in  Lovettsville  ? 

AnsAver.  No,  sir;  his  post  office  is  Middleburgh,  London  county.  He  liA-es  on  the  road 
from  Middleburgh  to  Upperville.  I  Avill  relate  another  incident  to  the  committee.  I  Avas  in 
timately  acquainted  with  a  lad^  in  our  county  before  the  Avar;  and  since  the  AA~ar,  although 
she  is  an  aA'owed  rebel,  I  am  still  on  intimate  terms  Avith  her.  She  assures  me  that  she  is  as 
much  a  rebel  to-day  as  she  ever  was ;  and  also  assures  me  that  those  who  have  taken  the  oath, 
so  far  as  she  knoAvs,  are  just  as  much  rebels  to-day  as  before  they  took  it.  Her  husband  was 
a  rebel  during  the  Avar. 

Question.  What  do  they  think  of  the  constitutional  right  of  secession  ? 

AnsAver.  I  do  not  think  that  they  consider  that  their  State  rights  or  anything  of  that  sort 
haA'e  been  impugned.  They  have  been  overpoAvered,  but  they  were  right  neArertheless.  What 
they  claimed  and  Avhat  they  struck  for  they  Avere  entitled  to,  and  are  entitled  to  yet.  That 
seems  to  be  their  impression.  I  do  not  think  you  can  find  one  of  them  AA^ho  AA'ill  admit  that 
he  AA-as  wrong  in  sustaining  the  rebellion  and  in  making  Avar  upon  the  government. 

Question.  HaAre  you  any  reasonable  ground  for  supposing  that  there  are  combinations  or 
conspiracies  anywhere  in  the  rebel  States,  in  Virginia  or  elsewhere,  having  in  vieAV  the  re- 
neAval  of  the  Avar,  the  overthrow  of  the  government  of  the  United  States,  or  the  independence 
of  the  rebel  confederacy  ? 

AnsAver.  I  haA^e  never  been  induced  to  think  anything  of  the  sort  until  very  recently ;  and 
my  reason  for  thinking  now  that  there  may  be  something  of  the  sort,  is  the  manner  in  which 
the  rebels  and  the  disfranchised  portion  of  the  people  of  Virginia  seem  to  be  disposed  to 
act.  We  are  kept  in  the  dark  entirely  as  to  anything  of  that  sort ;  Ave  can  only  get  at  it  by 
accident,  if  at  all.  But  if  you  would  refer  to  the  acts  and  speeches  of  that  rebel  legislature 
at  Richmond,  you  would  see  that  they  either  Avish  the  government  of  the  United  States  to 
destroy  the  State  of  Virginia,  or  are  determined  to  let  the  government  of  the  United  States 
see  that  they  Avill  have  things,  and  do  things,  and  say  things,  just  as  they  choose,  whether 
loyal  or  disloyal. 

Question.  Is  that  a  very  general  feeling  among  them  ? 

AnsAver.  I  think  it  is  almost  unanimous.  We  have  a  member  of  the  senate  in  the  legisla 
ture  from  our  county  ;  I  look  upon  him  as  a  loyal  man.  I  asked  him  the  question  recently, 
"How  do  you  got  along  with  these  fellows.'"  He  says,  "Oh,  very  smoothly."  1  then 
asked  him  about  the  elective  franchise,  and  about  the  proposition  to  require  any  one  immi 
grating  into  the  State  of  Virginia  to  remain  there  five  years  before  he  could  exercise  the  right 
of  a  citizen.  "Oh,  "  says  he,  "that  Avill  not  pass."  "Well,"  says  I,  "  they  have  got  a  bili 


38  RECONSTRUCTION. 

up  of  that  kind."  That  is  one  of  the  best  indications  I  have  seen  from  any  quarter  of  the 
direct  hostility  of  that  part  of  the  State  of  Virginia  to  the  government  of  the  United  States — 
that  five  years'  bill. 

Question.  Why  did  he  think  it  would  not  pass  ? 

Answer.  I  did  not  ask  him.  I  just  met  him  on  the  road  as  I  was  going  home,  and  he  did 
not  enter  into  any  particulars  in  reference  to  it. 

Question.  What  do  you  suppose  to  be  the  animus  of  that  bill,  of  which  you  have  spoken, 
requiring  five  years'  residence  to  enable  one  to  vote  in  Virginia? 

Answer.  My  supposition  is,  that  it  is  designed  to  keep  northern  men — intelligent  working 
men — from  immigrating  into  the  State  of  Virginia,  and,  at  the  same  time,  to  prevent  those 
who  left  the  State  and  went  north,  and  took  part  against  the  rebellion,  from  exercising  their 
rights  as  citizens  when  they  come  back,  because  they  have  lost  their  residence  in  Virginia. 

Question.  Among  what  class  in  Virginia  does  this  indisposition  to  welcome  immigration 
from  the  north  operate  most  powerfully  ? 

Answer.  Among  the  most  wealthy  and  influential  portion  of  the  people. 

Question.  Do  you  mean  the  old  slaveholders? 

Answer.  Yes,  sir. 

Question.  How  are  that  class  of  persons  generally  disposed  towards  the  freedmen  in  Vir 
ginia? 

Answer.  From  what  little  I  have  seen  (I  have  not  seen  a  great  deal)  they  are  hostile,  as  a 
general  thing,  to  the  freedmen — decidedly  so. 

Question.  If  they  had  the  power,  would  they  or  would  they  not  reduce  the  blacks  again  to 
slavery  ? 

Answer.  I  do  not  think  they  Avould  hesitate  a  moment  in  doing  so. 

Question.  Do  you  think  it  is  their  intention,  by  some  artifice  of  State  legislation,  again  to 
reduce  the  black  man  to  a  state  of  servitude  ? 

Answer.  I  do  not  know.  If  they  could  do  it  with  safety,  I  have  no  doubt  but  that  they 
would  do  it ;  if  they  could  have  help  enough  from  the  United  States,  they  would  do  it. 

Question.  Is  the  Freedmen' s  Bureau  of  any  utility  in  Virginia,  so  far  as  you  know  ? 

Answer.  WTe  have  a  branch  of  it  in  our  county-town,  but  I  have  seen  or  heard  but  little  of 
its  workings  there.  There  is  not  much  material  for  it  to  attend  to.  I  know  of  but  one 
family  in  my  neighborhood  that  has  undertaken  to  take  care  of  freedmeu. 

Question.  What  effect  would  the  withdrawal  of  the  United  States  troops  from  Virginia 
have  upon  the  peace  and  quiet  of  the  State  ? 

Answer.  If  the  loyal  white  man  and  the  freedman  would  willingly  obey  all  the  commands 
and  dictates  of  the  rebels,  we  would  get  along  peaceably  enough. 

Question.  Suppose  they  would  not  do  that  ? 

Answer.  I  do  not  suppose  we  would  be  allowed  to  do  anything  else  but  obey.  I  think  we 
would  necessarily  be  compelled  to  obey,  if  the  military  were  taken  away  from  the  State  of  Vir 
ginia.  We  would  have  to  succumb  to  the  wishes  of  the  rebels  and  to  keep  quiet,  or  else  we 
would  have  to  leave  the  State.  We  see  from  the  papers  that  they  complain  now  of  certain  par 
ties  telling  falsehoods  upon  them,  in  order  to  excite  Congress  and  the  President  against  them  ; 
that  they  are  loyal  while  these  men  are  disloyal ;  and  that  if  those  men  do  not  like  what  they 
are  doing,  the  community  would  be  as  well  without  them — giving  them  permission  to  leave. 
That  is  a  bold  and  significant  indication,  and  I  think  it  more  than  likely  that  it  would  be 
pressed  in  another  form.  I,  myself,  having  taken  a  prominent  stand  all  the  time  in  favor  of 
the  government  of  the  United  States,  would  not  feel  very  safe  in  Virginia  if  the  military 
were  taken  entirely  from  the  State. 

Question.  Would  you  not  feel  pretty  safe  in  any  of  the  civil  courts  of  Virginia — you,  a 
Union  man ;  would  you  not  expect  impartial  justice  from  a  court  and  jury,  if  you  were  an 
accused  person  in  the  court,  or  were  suing  there  for  redress  of  any  of  your  wrongs  ? 

Answer.  I  do  not  believe  that  you  could  get  au  impartial  jury  hardly  in  our  county  to  try 
a  case  between  an  avowed  Union  man  and  an  avowed  secessionist ;  I  do  not  believe  that  you 
could  do  it. 

Question.  Could  you  not  find  a  jury  there  who  would  convict  a  man  of  treason  against  the 
United  States  fur  waging  war  against  it,  wilfully  and  wantonly  ? 

Answer.  If  you  would  select  a  jury,  you  could  do  it,  because  we  have  no  less  than  seven 
hundred  loyal  men  in  the  county. 

Question.  But  if  the  jurors  were  taken  up  by  lot,  could  you  do  so? 

Answer.  If  they  were  taken  up  by  lot  in  the  ordinary  way,  you  could  not  get  a  jury  that 
would  convict  a  man  of  treason  against  the  government  of  the  United  States ;  I  do  not 
believe  you  could. 

Question.  You  mean  to  say  that  it  would  be  very  difficult  to  get  a  verdict  of  twelve  men, 
constituting  a  jury,  to  convict  anybody  of  treason? 

Answer.  Yes,  sir,  I  think  it  would,  unless  you  selected  a  jury  and  picked  them  out.  You 
could  not  do  so  if  the  jury  was  taken  in  the  ordinary  way. 

Question.  Have  you  any  reason  to  suppose  that  that  feeling  is  prevalent  throughout  the 
State  of  Virginia? 

Answer.   Yes,  sir. 

Question.  Dues  anything  else  occur  to  your  mind  that  you  wish  to  state  to  the  committee? 


VIRGINIA — NORTH    CAROLINA SOUTH    CAROLINA.  39 

Answer.  I  might  mention  the  treatment  which  Methodist  preachers  receive  at  the  hands  ot 
the  people  in  our  county.  Within  the  last  three  weeks  a  Rev.  Mr.  Ross,  of  the  Baltimore 
conference,  a  Methodist  preacher,  was  ordered  into  our  county  by  the  proper  authorities  of 
the  church.  About  three  weeks  ago  last  Sabbath,  while  he  was  going  from  Leesburg  to 
Warren  to  preach,  he  was  attacked  by  three  or  four  men,  taken  from  his  horse  and  pretty 
severely  beaten ;  his  pocket-book  was  demanded,  but  there  proved  to  be  nothing  in  it ; 
they  released  him  with  the  understanding,  that  in  so  many  hours  (a  day  or  two)  he  should 
leave ;  if  not,  he  would  fare  worse  the  next  time.  That  is  a  notorious  fact. 

Question.  What  was  the  real  character  of  the  gang  ;  were  they  mere  robbers  or  highway 
men,  or  were  they  rebel  guerillas  ? 

Answer.  I  do  not  suppose  they  were  robbers,  or  highwaymen,  or  rebel  guerillas  ;  but  they 
\vere  men  who  are  determined  that  ministers  of  the  Baltimore  conference  shall  not  continue 
to  preach  to  them. 

Question.  What  is  the  political  character  of  these  ministers  ? 

Answer.  Their  political  character  is,  that  they  come  from  the  north,  and  are  sent  there  as 
men  loyal  to  the  government  of  the  United  States.  Being  members  of  the  Baltimore  confer 
ence,  they  are  not,  of  course,  members  of  that  other  conference  which  proposed  to  meet  in 
Alexandria  a  week  or  two  ago. 

Question.  What  sort  of  men  are  they  ?  » 

Answer.  They  call  themselves  southern  Methodists. 

Question.  Has  the  split  in  the  Methodist  church  never  been  healed  ? 

Answer.  It  has  never  been  healed.  Nearly  all  those  who  during  the  rebellion  adhered  to 
the  Baltimore  conference,  have  gone  now  with  the  southern  Methodists ;  and  that  reduces  the 
northern  Methodist  church — as  the  southern  people  call  it — to  very  few,  except  along  the 
northern  border  of  the  county.  I  heard  Mr.  Ross  state  last  summer,  in  the  pulpit  of  the 
Rehoboth  church  in  our  county,  that  he  proposed  to  preach  at  Hamilton,  in  London  county : 
but  they  would  not  let  him  have  the  key  of  the  church  in  which  he  proposed  to  preach,  and 
they  would  not  let  him  have  the  church.  These  are  evidences  of  their  hostility. 

Question.  Are  the  municipal  affairs  of  Loudon  county  in  the  hands  of  rebel  officials  ? 

Answer.  No,  sir ;  our  sheriff,  clerk  of  the  county  court,  clerk  of  the  circuit  court,  and  three 
of  the  five  deputies,  are  loyal  men.  The  presiding  judge  of  the  county  court,  William  H. 
Gray,  is  a  reconstructed  rebel.  He  has  taken  the  oath  and  is  a  member  of  this  Virginia  le 
gislature. 

Question.  How  is  the  legislature  now  in  Richmond  regarded  by  the  people  of  your  county — 
as  being  a  true  representative  of  the  State  of  Virginia  ? 

Answer.  Yes,  sir ;  they  are  regarded  as  a  true  representative  of  the  people  of  Virginia  they 
represent  them  very  well. 

Question.  What  is  the  feeling  in  your  county  among  the  rebels  towards  Jefferson  Davis  ? 

Answer.  I  never  heard  a  rebel  in  the  county  say  aught  against  him  or  anything  in  his  fa 
vor  ;  more  than  that,  he  ought  not  to  be  hanged,  and  would  not  be  hanged. 

Question.  Is  there  anything  else  you  wish  to  state  to  the  committee  ? 

Answer.  There  would  be  no  difficulty  in  getting  every  man  in  the  county  of  Loudon  to 
sign  a  petition  in  favor  of  doing  away  with  that  rebel  government  at  Richmond,  and  giving 
us  something  that  will  not  be  such  a  government  as  that.  I  am  satisfied  of  that ;  and  I  am. 
not  so  sure  but  you  will  have  petitions  to  that  effect  brought  in  soon. 


WASHINGTON,  February  2,  1866. 

Watkins  James  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  WThere  do  you  reside  ? 

Answer.  I  reside  in  Winchester,  Virginia.  I  am  about  two-thirds  of  my  time  in  Winchester 
and  one-inird  in  Woodstock. 

Question.  How  long  have  you  resided  at  Winchester  ? 

Answer.  Since  May  last.     I  am  assistant  United  States  assessor  under  the  revenue  act. 

Question.  And  you  find  it  necessary  in  the  discharge  of  your  duties  to  travel  about  a  good 
deal  ? 

Answer.  Yes,  sir;  I  had  charge  of  three  counties  recently,  but  within  the  last  three  months 
I  gave  one  of  them  up.  Those  counties  were  Frederick,  Shenandoah,  and  Warren.  I  have 
not  been  acting  in  Warren  since  September  last ;  I  had  more  than  I  could  attend  to,  and  that 
county  was  assigned  to  somebody  else. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sfr;  I  was  born  in  Maryland.  I  left  Maryland  in  1844,  and  since  that  time 
have  resided  in  Virginia  with  the  exception  of  the  last  two  and  a  half  years,  when  I  was  com 
pelled  to  leave. 

Question.  In  the  course  of  your  journeyings  throughout  your  district  what  opinion  have 
you  formed  of  the  feeling  of  the  once  rebel  people  towards  the  government  ot  the  United 
States? 


40  RECONSTRUCTION. 

Answer.  I  have  come  to  the  conclusion,  from  travelling  through  the  country,  that  their  feel 
ings  towards  the  government,  towards  Union  men,  and  towards  the  freedmen,  are  more  hos 
tile  to-day  than  they  were  at  the  close  of  the  rebellion. 

Question.  Is  that  feeling  confined  to  any  particular  class  ? 

Answer.  The  under  class  as  we,  may  term  it,  manifest  that  feeling  ;  but  the  great  difficulty 
is  that  there  seems  to  be  no  disposition  on  the  part  of  those  who  can  control  that  class  of  the 
community  to  suppress  it.  I  have,  in  my  official  capacity,  gone  to  the  leading  men  of  sev 
eral  towns  and  talked  with  them  on  the  subject,  impressing  upon  them  the  necessity  of  trying 
to  control  that  feeling,  telling  them  that  we  would  never  get  rid  of  the  military  until  they 
learned  to  control  that  element.  I  had  a  conversation  the  other  day  with  a  gentleman  in  a 
store  in  Edinburgh,  where  tlure  were  some  twenty  persons  present.  I  commenced  making  in 
quiries  about  our  representation  in  Congress ;  I  asked  if  he  did  not  believe  that  there  were 
influential  men  in  that  town  who  would  dissolve  the  government  to-morrow  by  legislation  it 
they  could.  He  said  he  believed  there  were.  I  asked  if  he  did  not  believe  that  a  majority 
of  the  people  would  do  so.  He  said  he  believed  they  would.  I  said  that  there  had  been  too 
much  blood  and  treasure  sacrificed  in  the  country  to  let  them  step  in  now  and  accomplish  by 
legislation  what  they  failed  to  accomplish  by  the  sword.  I  feel  satisfied,  from  the  conversa 
tions  I  have  had,  that  if  the  troops  were  removed  there  would  be  trouble.  It  seems  to  me 
that  our  protection  depends  altogether  upon  United  States  troops.  A  little  circumstance  oc 
curred  on  the  29th  of  last  month  (January)  which  I  will  mention :  about  seven  o'clock  in  the 
evening,  when  the  mail  arrived,  I  went  to  the  post  office,  and  was  in  the  ante-room,  where  there 


suppose,  fifteen  years  of  age.     I  looked  on  for  some  time,  and  the  boys  kept  it  up  for  aboufr 
fifteen  minutes ;  at  last  I  spoke,  and  said  that  they  must  stop  that,  as  the  boy  was  not  troub 
ling  them.     The  boys  stopped  at  once,   and  I  then  turned  to  the  crowd  and  spoke  to  them 
about  the  impropriety  of  their  permitting  such  conduct.     I  said,  "You  are  anxious  to  &< 


<ret  rid 


was  outrageous,  and  thaHt  occurred  every  night.  I  said  I  wanted  to  know  who  that  boy's 
father  was  ;  I  intended  to  see  the  boy's  father  and  tell  him  about  his  son's  conduct ;  I  could 
not  get  one  individual  to  tell  me  who  that  boy  was.  I  talked  to  them  in  a  spirit  of  kindness, 
and  reasoned  with  them  as  though  it  was  my  interest  to  get  rid  of  the  troops.  I  do  not  re 
gard  the  troops  as  a  nuisance,  because  I  believ^they  are  necessary  for  my  protection,  but  I 
talked  as  if  I  regarded  them  as  a  nuisance.  /After  I  left  the  post  office  one  of  the  fellows 
there  made  the  assertion  that  I  seemed  very  much  concerned  about  the  troops,  but  that  I 
knew  damned  well  that  I  couldn't  stand  therye  twelve  hours  if  the  troops  were  gone.  I  have 
here  the  sworn  statement  of  the  postmaster..  Witness  produced  and  read  the  statement  as  fol 
lows  : 

"On  the  29th  day  of  January,  1866,  I  heard  Watkins  James  talking  to  several  persons 
about  permitting  some  persons  pulling  a  little  negro  about  and  calling  him  Freedmeu's  Bu 
reau.  He,  James,  insisted  that  it  was  the  duty  of  every  citizen  to  check  such  conduct,  and 
gave  as  a  reason  why  they  should  take  the  matter  in  hand,  that  unless  they  put  a  stop  to 
such  conduct  we  never  would  get  rid  of  the  troops.  After  said  James  left  the  room  some 
person  in  the  room  remarked  that  James  knew  very  well  that  if  the  troops  left  he,  James, 
could  not  stay  there. 

"GEORGE  W.  TAYLOR, 
"  Postmaster  of  H'ijichcster,  Virginia." 

"FREDERICK  COUNTY,  State  of  Virginia  : 
"Sworn  to  and  subscribed  before  me,  Joseph  S.  Denny,  a  justice  of  the  peace,  January 

"JOSEPH  S.  DENNY,  J.  P." 

Witness  continuing :  It  is  a  common  saying,  and  they  believe  it,  that  we  cannot  stay 
there  longer  than  we  are  protected  by  the  military.  Mv  own  idea  is,  that  we  cannot.  If 
the  military  were  withdrawn,  nothing  in  the  world  coulcl  save  us  except  the  influential  rebels 
were  to  take  a  stand  and  move  in  the  matter. 

Question.  Does  this  feeling  pervade  these  three  counties  ? 

Answer.  I  have  not  been  in  Warren  county  recently.  Immediately  after  the  surrender 
that  feeling  did  not  seem  to  pervade  eitner  of  these  counties.  The  principal  inquiry  seemed 
to  be  what  the  government  would  do. 

Question.  In  which  of  the  counties  does  this  feeling  prevail? 

Answer.  In  Shenandoah  and  Frederick.  The  other  county  I  would  suppose  was  worse, 
because  there  are  worse  rebels  there,  and  more  of  them.  When  I  was  in  that  county  I 
found  but  one  loyal  man  in  it,  and  that  was  at  Front  Royal.  The  remark  is  often  made,  and 
it  is  the  general  impression,  that  we  must  go  away  from  there  as  soon  as  the  troops  are  re- 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  41 

moved.  I  have  been  struck  by  the  good  behavior  and  forbearance  of  the  negroes.  I  have 
seen  them  pelted  with  snow-balls  by  boys  fifteen  years  of  age.  The  negroes  seem  to  pass  by 
and  take  no  notice  of  what  is  done  to  them.  There  is  almost  negro  element  enough  in  the 
town  of  Winchester  to  weed  out  the  rebels  if  they  chose.  I  entertain  the  idea  that  the  lead 
ing  men  are  too  much  afraid  of  the  government  to  take  any  part  in  the  matter  ;  but  I  look 
every  day  for  patience  to  cease  to  be  a  virtue.  The  negroes  have  behaved  thus  far  remarka 
bly  well.  After  this  transaction  which  I  have  spoken  of  as  having  taken  place  in  the  post 
office,  I  went  to  Mr.  Philip  Williams,  one  of  the  leading  lawyers,  and  told  him  about  it. 
My  object  was  to  show  him  that  there  was  no  disposition  to  stop  this  thing.  He  rather  apolo 
gized  for  the  boys,  and  supposed  they  were  playing  with  the  negro.  I  told  him  about  the 
remark  which  the  fellow  made  about  my  having  to  leave.  He  said  that  I  was  popular 
among  the  people  ;  that  he  had  never  heard  any  one  speak  disrespectfully  of  me,  and  that 
there  was  no  danger  of  me.  He  said  that  the  fellow  must  certainly  have  been  drunk. 

Question.  What  are  Mr.  Williams's  politics  ? 

Answer.  Mr.  Williams  has  been  aiding  the  rebellion  all  he  could  since  the  State  seceded. 
Before  that,  he  made  some  of  the  most  eloquent  Union  speeches  I  ever  heard.  The  reason 
they  do  not  try  to  suppress  this  element  is  this :  they  are  working  on  the  political  board  and 
want  these  boys'  votes.  It  does  appear  to  me  that  they  are  laboring  now  as  faithfully  to 
bring  about  a  dissolution  of  the  Union  by  legislation  as  they  did  by  the  sword,  and  they 
think  they  will  accomplish  it. 

Question.  Do  you  suppose  there  are  any  conspiracies  or  secret  associations  having  in  view 
the  dissolution  of  the  Union  ? 

Answer.  I  do  not  know  that  there  are  ;  but  I  think  that  there  is  a  general  understanding 
among  them  in  their  political  movements,  and  that  they  hope  to  accomplish  a  dissolution  of 
the  Union  by  legislation. 

Question.  How  are  they  going  to  work  at  that  ? 

Answer.  If  they  can  get  representatives  in  Congress,  and  get  up  any  question  that  will 
divide  the  north,  they  expect,  by  co-operation  with  their  copperhead  brethren,  to  embarrass 
legislation,  and  get  the  government  into  difficulty. 

Question.  By  means  of  concert  with  their  copperhead  brethren  ? 

Answer.  Yes ;  I  feel  satisfied  that  if  there  was  a  rupture  to-morrow  between  the  United 
States  and  France  or  England,  four-fifths  of  these  men  would  engage  with  any  ally  who 
they  might  think  would  prove  the  destruction  of  the  country.  I  cannot  be  mistaken  about 
that. 

Question.  Have  you  heard  anything  said  about  that  ? 

Answer.  No;  I  have  heard  nothing  said  about  it;  but  I  have  heard  men  arguing  about 
the  great  principles  that  underlie  the  government — men  who  have  not  been  defenders  of  their 
country  or  protectors  of  its  honor ;  and  the  only  object  in  the  world  they  could  have  in 
wishing  to  get  the  country  into  trouble  was  to  have  their  revenge. 

Question.  Do  they  generally  detest  the  government  of  the  United  States  ? 

Answer.  Yes,  sir. 

Question.  Are  they  in  the  habit  of  speaking  of  the  government  of  the  United  States  in 
terms  of  opprobrium  or  contumely  ? 

Answer.  Yes,  sir ;  they  hardly  ever  speak  of  it  in  any  other  terms.  They  speak  of  it  as  a 
tyrannical,  oppressive,  Yankee  government,  and  everything  else.  They  would  injure  them 
selves  and  the  entire  community  if  they  thought  they  could  ultimately  injure  the  govern 
ment.  They  suffer  the  basest  misrepresentations  to  be  gotten  up  about  the  currency,  for 
instance.  Men  who  have  too  much  common  sense  to  believe  a  story  of  that  kind  suffer  it  to 
be  repeated  in  their  presence  a  hundred  times.  For  instance,  they  allow  statements  to  be 
made  in  relation  to  the  national  bank  notes  which  they  know  to  be  false.  They  will  suffer 
the  entire  community  to  be  injured  by  those  misrepresentations  simply  that  they  may  ulti 
mately  injure  the  government.  I  happened  to  be  at  Woodstock  on  Monday  week,  when  a 
merchant  came  into  the  office  and  offered  a  note  in  payment  of  his  taxes.  I  had  seen  this 
underhand  work  in  trying  to  depreciate  the  currency,  and  I  thought  it  was  a  good  time  to 
say  something  in  favor  of  the  currency.  The  room  was  pretty  full,  and  all  of  them  were 
rebels.  Said  I,  "Mr.  Smith,  if  I  understand  anything  about  the  national  currency — and  I 
do  not  profess  to  understand  much  about  it — the  holder  of  this  note  is  safe  anyhow,  unless 
the  government  breaks.  Now,"  said  I,  "do  you  know  how  the  bank  gets  this  note?"  He 
says  he  did  not  know.  Said  I,  "  Let  me  tell  you  how  I  think  it  is.  The  banks  do  not  now 
issue  their  notes  as  the  old  banking  institutions  did;  but  before  one  of  these  national  banks 
can  issue  a  note  they  have  to  deposit  a  sufficient  amount  of  government  bonds  for  the  ulti 
mate  redemption  of  their  notes.  Now,"  said  I,  "  I  can  see  how  the  bank  itself  can  break, 
but  the  holder  of  the  note  must  get  paid."  They  began  to  talk  about  the  mutter,  and  all  of 
them  agreed  upon  it.  "Now,"  says  I,  "if  you  all  understood  it  before,  why  did  not  you 
simply  say  so,  and  stop  these  reports  ?  They  can  do  no  good,  but  injure  the  currency  of  the 
country.  This  paper  is  worth  from  sixty  to  seventy  cents  on  a  dollar.  If  you  drive  this  out 
of  circulation,  the  next  best  money  you  can  get  is  the  notes  of  some  broken  bank  of  Virginia, 
that  will  be  worth  only  from  ten  to  twenty-five  cents  on  a  dollar."  And  yet  they  allow 
these  reports  to  pass  uncontradicted. 

Question.  Do  you  mean  to  say  that  business  men  who  are  in  the  daily  use  of  large 


42  RECONSTRUCTION. 

amounts  of  money — merchants  and  dealers  who  know  the  necessity  of  a  good  currency — will 
remain  silent  while  these  aspersions  are  cast  upon  the  credit  of  the  national  currency? 

Answer.  Yes,  sir.  I  saw  in  the  town  of  Winchester  lists  of  broken  banks  given  to  men 
who  came  into  the  country  to  put  them  on  their  guard,  and  the  reason  of  it  was  this:  None 
of  the  issues  of  these  banks  were  in  circulation;  but  the  idea  was  to  give  the  impression  that 
there  were  bills  of  broken  banks  in  circulation,  so  as  to  make  people  suspicious  of  the  national 
bank  notes.  I  was  in  Woodstock  the  day  the  military  were  withdrawn  from  there,  and  was 
stopping  at  the  house  of  a  Mr.  Ives.  A  teacher  of  the  colored  school  came  down  to  see  Mr. 
Ives,  and  spoke  about  giving  up  his  school.  He  advised  him  to  go  on  and  continue  his 
school,  and  take  six  or  seven  of  the  young  men  home  with  him  to  protect  him.  That  night 
they  put  up  a  piece  of  writing  on  the  postmaster's  door,  blaming  him  for  boarding  this  man 
who  was  teaching  the  colored  school.  The  writing  made  inquiry  about  his  board  bill — 
whether  he  had  paid  it,  and  remarking  that  the  postmaster  had  gone  up  the  spout  for  board 
ing  him.  After  a  day  or  two  they  took  to  snow-balling  the  teacher,  and  he  had  them  up 
before  the  court.  There  their  fathers  promised  that  they  would  not  do  so  any  more,  and 
they  were  let  off.  That  judge  was  elected  before  the  right  of  suffrage  was  extended.  I  do 
not  believe  that  &  Union  man  can  have  any  justice  in  the  courts  for  any  outrage  done  him 
during  the  rebellion ;  and  I  will  give  my  reason  for  that  belief.  Some  Union  lawyers  there 
instituted  certain  suits  of  that  kind,  which  have  come  off  before  the  county  court,  and  they 
have  all  been  moved  up  before  the  circuit  court,  so  as  to  get  Judge  Parker's  opinion. 

Question.  Is  that  circuit  court  a  State  court  ? 

Answer.  Yes. 

Question.  How  can  a  case  be  .thus  removed  from  a  county  court  to  a  circuit  court? 

Answer.  I  am  not  lawyer  enough  to  tell  you ;  but  there  is  a  mode  provided  by  law.  I 
heard  Mr.  Pollock,  a  lawyer  there,  say  that  Mr.  Williams,  another  lawyer,  had  four  or  five 
suits  of  that  kind,  and  withdrew  them  because  he  would  not  involve  his  clients  in  further 
costs,  as  he  did  not  believe  there  was  any  chance  for  them.  He  was  afraid  of  the  rulings 
of  the  circuit  court  being  in  favor  of  the  rebels. 

Question.  You  think  that  if  the  troops  were  withdrawn  there  would  be  scenes  of  riot  and 
bloodshed  committed  by  the  rebels  upon  Union  men? 

Answer.  I  think  so.  I  think  Union  men  would  not  be  permitted  to  stay  there.  I  heard 
a  lady  who  had  been  a  refugee  during  the  war  say  that  she  went  to  a  church  in  Woodstock, 
and  that  a  lady  came  in  and  took  a  seat  beside  her,  but  upon  discovering  who  she  was  she 
got  up  and  took  a  seat  in  another  part  of  the  house.  The  rebels  will  set  to  and  curse  the 
Union  men  who  went  off  and  followed  the  old  flag  as  traitors. 

Question.  Do  the  rebels  generally  disregard  the  obligatory  character  of  the  oath? 

Answer.  It  seems  to  me  they  entertain  the  idea  that  that  oath  is  forced  upon  them  for  the 

Eurpose  of  their  obtaining  equal  rights  with  other  citizens,  and  therefore  is  not  obligatory  or 
hiding  upon  them.  I  think  that  nineteen  out  of  twenty  believe  that.  It  is  a  doctrine 
taught  by  high  authority.  Soon  after  the  surrender  I  went  up  the  valley  and  found  these 
people  quiet  and  peaceable,  disposed  to  submit  to  almost  anything.  Some  of  the  leading 
men  inquired  earnestly  as  to  the  policy  the  government  would  pursue  towards  them.  I 
thought  there  would  be  no  confiscation,  and  I  remarked  to  them  that  there  was  nobody  in 
the  Shenandoah  valley  of  importance  enough  for  the  government  to  notice  if  they  behaved 
themselves.  I  gave  them  every  assurance,  so  as  to  pacify  them.  Since  that. time  they  have 
assumed  a  different  attitude  altogther. 

Question.  What,  in  your  opinion,  has  been  the  cause  of  that  change? 

Answer.  My  own  impression  is  that  the  leniency  of  the  government  is  the  cause.  They 
expected  to  have  been  dealt  with  more  harshly  than  they  have  been.  They  found  that  the 
right  of  suffrage  was  extended  to  them,  and  that  they  could  control  the  State  and  county 
and  had  nothing  to  fear. 

Question.  What,  in  general,  is  the  disposition  of  the  rebel  portion  of  the  population 
towards  the  freedman  ? 

Answer.  They  are  as  hostile  to  him  as  they  possibly  can  be.  If  it  were  not  for  the  Freed- 
men's  Bureau  he  would  be  in  a  worse  situation  now  than  when  he  was  in  bondage.  My 
honest  impression  is  that,  if  you  remove  the  military,  the  negro  will  either  have  to  leave 
there,  go  back  to  bondage,  or  be  annihilated.  It  seems  to  me  there  is  an  auhnosity  between 
the  rebels  and  the  negroes  which  never  will  be  settled  in  this  world.  If  there  was  a  collision 
between  the  rebels  and  negroes  to-morow  in  Winchester  I  would  not  be  afraid  to  walk  the 
streets  while  the  contest  was  going  on,  for  I  know  that  the  negroes  would  not  trouble  me. 
Their  conduct  has  been  orderly  beyond  my  expectations.  Their  conduct  has  been  unex 
ceptionable,  only  that  some  of  them  will  not  work  as  well  as  they  were  expected  to  work ; 
but  there  are  a  great  many  white  people  who  will  not  work  either.  It  is  not  an  uncommon 
thing  to  see  five  or  six  of  these  young  aristocrats,  who  never  worked  a  day  in  their  lives, 
and  who  are  depending  on  bank  stock  which  is  not  worth  a  cent,  cursing  and  damning  the 
negroes  for  not  working,  while  the  negroes  can  get  along  better  without  work  than  they  can. 

Question.  What  is  the  truth  of  the  case  in  regard  to  the  negro's  inclination  to  work  now 
that  he  is  set  free? 

Answer.  The  negroes  there  seem  to  be  sustaining  themselves.  I  do  not  know  that  any 
charity  is  given  to  them  in  Winchester.  I  have  said  to  these  people:  "I  have  uo  sympathy 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  43 

with  the  negroes ;  I  am  not  going  to  grieve  myself  to  death  about  them.    Here  is  work  for 
them  to  do." 

Question.  If  the  negro  is  fairly  and  honestly  paid  for  his  labor  will  he  not  work  enough  ? 

Answer.  My  own  impression  is  that  he  will  work  much  better  than  those  people  wrho  are 
denouncing  him.  It  is  all  a  humbug,  and  has  been  a  humbug  from  the  beginning,  to  say  that 
he  will  not  work.  The  negroes  know  where  they  are  treated  well. 

Question.  What  do  you  think  of  the  present  State  government  of  Virginia  ? 

Answer.  I  think  that  is  the  rock  on  which  we  split — in  extending  the  right  of  suffrage  so 
that  the  rebels  could  get  control  of  things.  I  regard  Mr.  Peirpoiut  as  having  been  deceived 
by  them.  He  thought  his  lenient  course  would  work  well ;  but  it  has  only  made  them  arro 
gant. 

Question.  Does  a  Unionist  stand  any  chance  of  being  elected  to  office  in  Virginia? 

Answer.  None  in  the  world ;  he  never  will  be  elected  to  office  there.  You  have  no  idea  of 
the  tyranny  exercised  over  men's  opinions  there.  A  friend  could  not  sit  down  and  talk  with 
you  if  the  negro  was  concerned  in  the  conversation.  Here  was  the  prosecuting  attorney, 
with  the  law  on  the  one  hand,  and  the  mob  with  tar  and  feathers  on  the  other.  Talk  about 
liberty!  there  never  was  more  tyranny  exercised  on  the  face  of  the  earth. 

Question.  Is  it  likely  that  a  rebel  who  has  been  wilfully  and  willingly  engaged  in  the  war 
against  the  United  States  could  be  brought  to  justice  and  convicted  of  treason  before  a 
Virginia  jury? 

Answer.  No,  sir;  no  possibility  of  it  unless  you  pack  the  jury  with  Union  men.  They 
believe  now  that  they  had  the  right  of  secession.  The  Virginia  legislature  want  to  assume 
the  direct  tax  of  1861,  and  my  opinion  as  to  their  object  is^that  it  would  be  a  stepping-stone 
towards  establishing  their  great  doctrine  of  State  sovereignty.  Another  objection  to  their 
assuming  it  is,  that  they  will  collect  the  tax  in  their  own  way,  by  a  capitation  tax,  so  as  to 
make  the  laboring  people  pay  it,  because  the  landed  aristocracy  are  not  able  to  pay  it. 
Besides,  a  great  many  of  the  Union  men  went  forward  and  paid  their  taxes,  while  the  rebels 
are  holding  back  as  if  by  concert  of  action. 

Question.  Would  they  not  be  likely  to  discriminate  between  rebels  and  Unionists  in  the 
imposition  of  this  tax  ? 

Answer.  It  would  seem  to  me  that  they  would  do  so. 

Question.  And  compel  the  Unionists  to  pay  the  principal  part  of  the  tax  ? 

Answer.  If  there  was  any  way  in  the  world  to  put  it  all  upon  them  they  \vould  do  it. 
They  say  we  are  the  ones  who  created  the  debt — that  we  would  not  let  them  alone. 

Question.  Is  there  anything  else  you  wish  to  say  to  the  committee? 

Answer.  No,  sir;  nothing  else. 

WASHINGTON,  February  16,  1866. 

The  following  letter  was  this  day  received  from  the  witness  Watkins  James,  and  was 
directed  to  be  attached  to  his  testimony : 

ASSESSOR'S  OFFICE,  U.  S.  INT.  REVENUE,  3D  DISTRICT  VIRGINIA, 

Woodstock,  Shenandoah  County,  Va,,  February  12,  1866. 

DEAR  SIR  :  You  will  remember  that  I  was  before  the  Committee  on  Reconstruction  on  the 
2d  day  of  February.  Permit  me  to  add  to  my  testimony  some  things  that  have  taken  place 
since  my  return.  I  came  from  Winchester  to  this  place  to  attend  to  my  duty.  I  passed  up 
Cedar  Creek  valley,  and  the  rebels  in  this  county  have  shown  such  a  vindictive  spirit  that 
my  friends  here  were  alarmed  about  my  safety,  and  were  much  relieved  when  I  arrived.  The 
reasons  they  gave,  there  was  no  security  for  life./"  A  few  days  ago  an  anonymous  letter 
was  dropped  in  the  post  office,  notifying  the  teacher  of  the  freedmen's  school  that  he 
must  leave  or  take  the  consequences.  About  the  same  time,  or  a  few  days  thereafter,  two 
United  States  detectives  were  run  from  New  Market.  A  black  man,  who  called  at  New  Market 
to  collect  some  money  due  him,  was  run  out  of  the  town.  There  was  a  juvenile  exhibition 
in  Woodstock,  the  county  seat  of  Shenandoah  county,  under  the  supervision  of  the  minister 
of  the  Methodist  church  south — his  name  is  Armstrong— at  which  the  lone  star  was  exhibited 
in  the  room,  with  the  word  excelsior  written  under  it.  An  argument  was  made,  drawing  a 
comparison  between  General  Lee  and  George  Washington,  in  which  General  Lee  was  made 
the  greater.  A  man  named  Larnbersou,  who  is  engaged  in  a  business  in  Woodstock,  was 
coming  from  where  his  parents  lived  to  town.  He  was  shot  at  twice  in  quick  succession,  one 
ball  passing  in  front  of  his  face,  and  a  Minnie  ball  passing  through  his  carpet-sack,  which  he 
was  carrying  in  his  hand.  This  man's  offence  is,  he  served  in  the  Union  army.  The  Union 
men  feel  there  is  great  danger.  About  the  same  time  a  teacher  of  freedmen,  who  was  teaching 
about  six  miles  east  of  New  Market,  and  in  Page  county,  was  called  on  some  time  in  the 
night  by  fifteen  or  twenty  persons  and  taken  from  his  bed ;  taken  to  the  Sheuandoah  river, 
put  in  a  ferry-boat,  taken  to  the  middle  of  the  stream  where  the  water  was  about  four  feet 
deep,  and  held  under  the  water  some  time.  He  was  put  under  a  second  time,  and  then 
threatened,  if  he  did  not  leave  the  county  in  three  days,  he  would  be  shot  dead.  This  teacher 
came  to  Woodstock  and  reported  these  facts.  The  man  who  kept  the  key  to  the  ferry-boat 
is  either  postmaster  or  deputy  postmaster.  The  key  to  the  boat  was  used  by  the  mob.  All 
these  transactions  took  place  about  the  same  time,  and  but  for  the  timely  arrival  of  a  few 


44  RECONSTRUCTION. 

Union  soldiers  at  Woodstock,  there  is  no  telling  where  these  atrocities  would  have'ended. 
The  teacher  at  Woodstock,  and  the  one  they  ducked  near  New  Market,  went  to  Winchester ' 
and  reported  this  case  of  ducking-  to  Major  General  Ayres.  He  referred  them  back  to  the 
lieutenant  at  Woodstock,  and  thus  the  matter  at  present  rests.  It  is  said  as  soon  as  the  cav 
alry  arrives  some  arrests  will  be  made,  as  several  of  the  parties  engaged  in  this  outrage  are 
known.'  While  under  examination  you  asked  me  if  I  knew  of  any  secret  organization  existing 
in  Virginia  which  I  thought  was  operating  against  the  government.  I  told  you  I  did  not, 
but  there  was  a  concert  of  action  among  the  rebels  since  my  arrival  here.  I  now  think  there 
is,  for  this  reason :  A  Union  man,  upon  whom  I  can  rely,  told  me  a  rebel  asked  him  whether 
lie  had  heard  of  such  an  organization,  and  from  the  character  of  that  man  I  feel  confident, 
from  the  manner  in  which  the  question  was  asked,  it  was  done  simply  to  find  out  whether 
the  Union  man  knew  of  the  existence  of  the  organization.  Rebel  songs  are  sung  nightly  in 
our  streets,  and  sometimes  shouts  for  Jefferson  Davis.  When  the  purport  of  the  Emperor  of 
France's  address  was  known  here  the  leading  rebels  evidently  showed  they  were  disappointed. 
I  am  fully  satisfied  they  would  rejoice  to  see  a  war  between  the  United  States  and  any  other 
power  that  they  thought  could  damage  the  government. 
Yours,  very  respectfully, 

WATKINS  JAMES, 
Assistant  Assessor  '3d  District  Virginia. 
Hon.  JACOB  M.  HOWARD, 

United  States  Senator  for  State  of  Michigan. 

p.  g. — The  teacher  who  was  ducked  in  the  Shenandoah  river  made  an  affidavit  to  that  fact 
before  the  lieutenant  in  command  at  Woodstock  to-day.  While  I  am  writing  there  is  a  crowd 
in  the  street  singing  "Down  with  the  Yankees  and  up  with  the  bars."  A  pistol  was  fired  in 
front  of  this  house  not  two  minutes  ago. 

ASSESSOR'S  OFFICE  U.  S.  INT.  REVENUE,  3D  DISTRICT  VIRGINIA, 

Shenandoah  County,  Va.,  February  12,  1866. 

I,  Watkins  James,  do  solemnly  swear  that  I  believe  all  the  above  statements  are  true. 
They  have  come  to  my  knowledge  by  such  sources  as  I  cannot  reasonably^  doubt. 

Sworn  to  before  me  this  12th  day  of  February,  1666. 

GEORGE  RYE,  Justice  of  the  Peace. 


WASHINGTON,  February  3,  1866. 
Rev.  E.  O.  Dunning  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  I  reside  in  Winchester,  Virginia.  I  am  not  legally  a  resident  of  \  irgima,  but 
that  is  my  headquarters. 

Question.  In  what  capacity  are  you  acting  ? 

Answer.  I  am  a  clergyman,  and  I  am  agent  of  the  American  Bible  Society.  I  was  sent 
out  to  Tennessee  and  Virginia  after  the  close  of  the  war  to  make  some  explorations  in  regard 
to  the  condition  of  things  there. 

Question.  How  long  have  you  been  actually  at  Winchester  ? 

Answer.  I  have  been  at  Winchester  about  a  month ;  but  I  have  been  in  the  valley  of  the 
Sheuandoah  and  southwestern  Virginia  and  East  Tennessee  for  five  mouths ;  I  have  been 
through  all  that  region. 

Question.  Where  is  your  home? 

Answer.  My  family  resides  in  New  Haven,  Connecticut.  I  am  a  citizen  of  Connecticut.  I 
resided,  I  may  say,  ten  years,  before  the  war,  in  Virginia.  I  left  there  when  the  war  broke  out. 

Question.  In  what  part  of  Virginia  did  you  reside  1 

Answer.  In  Winchester ;  that  is,  I  resided  there,  as  I  do  now.  Occasionally  I  went  home 
north  to  see  my  friends. 

Question.  H  ire  you  travelled  about  in  Virginia  much  since  the  commencement  ot  hostilities  1 

Answer.  I  have. 

Question.  Have  you  mingled  freely  with  the  people  of  all  classes  ? 

Answer.  I  have. 

Question.  What  portions  of  Virginia  have  you  visited  since  the  war? 

Answer.  I  have  visited  the  tier  of  counties  which  belong  to  southwestern  Virginia  and  the 
whole  valley  of  the  Sheuandoah.  I  have  been  in  nearly  two-thirds  of  the  counties  of  the 
valley  since  the  close  of  the  war.  I  visited  at  least  twenty  counties. 

Question.  How  do  you  find  the  state  of  public  feeling  among  the  ex-rebels,  where  you 
have  been  travelling  in  Virginia,  in  reference  to  the  government  of  the  United  States,  and  in 
reference  to  the  loyal  people  I 


VIRGINIA — NORTH    CAROLINA— SOUTH    CAROLINA.  45 

Question.  My  opinion  is  that  they  are,  as  a  general  thing,  disloyal.  When  I  speak  of 
their  being  disloyal  I  mean  this:  that  they  seem  not  to  have  fidelity  to  the  government. 
They  do  not  seem  to  have  any  good  will  to  the  government.  They  are  not  true,  as  I  under 
stand  it,  to  the  Union  of  the  (States,  because  I  think  that  the  old  disunion  feeling  still  exists 
there,  and  that  they  would  like  to  be  independent  to-morrow. 

Question.  Do  they  tell  you  so,  or  is  that  an  inference  of  their  own? 

Answer.  Well,  I  will  say  this— that  I  have  heard  such  expressions  used. 

Question.  Among  people  of  condition  and  influence  ? 

Answer.  I  would  not  say  that.  I  merely  say  that  I  have  heard  such  expessions  used  as 
this :  that  they  did  what  was  perfectly  right,  and  would  do  the  same  thing  again  ;  that  I 
have  heard,  and  that  expression  is  published  in  the  correspondence  of  the  London  Times  as 
being  the  opinion  of  the  young  men  of  Virginia. 

Question.  What  part  would  the  ex-rebels  generally  be  likely  to  take  in  the  event  of  a  war 
between  the  United  States  and  any  foreign  power,  such  as  France  or  England  ? 

Answer.  I  have  heard  a  great  deal  on  that  subject.  I  have  heard  general  exultation  at 
the  prospect  of  a  war  with  Mexico  and  France,  because  it  would  cripple  the  United  States, 
and  I  have  heard  this  remark  made  in  connexion  with  it,  and  by  respectable  men,  too,  that 
were  war  to  occur  between  the  United  States  and  Mexico,  thousands  of  young  men  would 
rush  to  Mexico. 

Question.  What  side  would  they  be  likely  to  take? 

Answer.  Against  the  United  States. 

Question.  What  young  men  ? 

Auswrer.  The  southern  young  men  who  had  been  in  the  rebel  army.  They  would  rush  to 
Mexico;  I  have  heard  that.  I  have  made  a  little  arrangement  of  my  ideas  on  paper  here. 
Would  it  be  pertinent  to  the  subject  to  mention  the  ecclesiastical  divisions  upon  sectional 
grounds,  and  the  feelings  of  the  people  in  that  respect  ? 

Mr.  HOWARD.  Certainly,  sir ;  go  on  and  give  your  narrative  in  your  own  words  touching 
upon  all  the  subjects  that  you  choose  to  touch  upon. 

WITNESS.  I  Avould  say  with  reference  to  church  divisions  that  ecclesiastical  bodies  in 
Virginia  are  now  divided  upon  sectional  grounds.  Before  the  war,  churches  in  Virginia 
and  in  the  south  were  connected  with  one  of  the  general  assemblies.  They  have  now  a 
synod  of  their  own  in  the  south,  and  on  no  ground  that  I  can  see,  except  on  the  sectional 
ground.  I  refer  to  the  Presbyterian  body,  Old  School.  The  Presbyterian  body,  New  School, 
was  divided  before  the  war ;  that  is,  there  was  a  southern  assembly  and  a  northern  assembly. 
Since  the  war  the  Old  School  body  and  the  New  School  body  have  merged  all  their  doctrinal 
divisions,  and  have  come  together  and  united  in  doctrine ;  whereas  they  were  divided  before, 
discarding  all  connexion  with  the  north. 

Question.  How  do  these  religionists  of  whom  you  speak  regard  the  abolition  of  slavery  ? 

Answer.  They  say  that  the  question  is  settled,  so  far  as  slavery  is  concerned. 

Question.  Do  they  think  the  abolition  of  slavery  right  or  wrong  ? 

Answer.  They  do  not  like  it ;  they  think  it  wrong. 

Question.  Is  that  feeling  pretty  general  in  that  church  ? 

Answer.  Yes,  sir.  As  to  the  Methodist  denominations  the  same  things  have  occurred  there, 
which  I  thought  very  significant.  Although  the  Methodist  denomination  was  divided  before 
the  war  on  the  question  of  slavery,  yet  there  were  many  churches  in  the  valley  of  Virginia 
still  connected  with  the  north  by  the  Baltimore  conference.  Since  the  war  these  churches 
have  gone  over  to  the  south,  and  withdrawn  their  connexion  from  the  north.  The  preacher 
who  was  sent  by  the  Baltimore  conference  to  the  church  at  Winchester  was  confronted  in 
the  pulpit  by  Mr.  Wilson,  a  minister,  who  belongs  to  the  southern  connexion,  and  who  took 
the  hymn-book  out  of  his  hand  and  went  on  and  preached  the  sermon.  That  was  since  the 
war.  General  Ayres,  the  general  of  the  department,  was  in  the  congregation  at  the  time, 
and  sent  word  to  Mr.  Wilson  not  to  appear  in  the  evening ;  he  had  given  notice  of  a  meeting 
in  the  evening.  That  congregation  has  all  withdrawn  from  the  church  and  gone  to  the 
southern  church,  leaving  the  pews  to  the  few  Unionists  who  are  there,  officers  of  the  army, 
&c.  They  all  go  to  the  Union  church  to  sustain  it,  but  the  body  of  the  people  have  gone 
to  the  southern  church — all  on  sectional  ground  entirely. 

In  Berryville  recently  a  mob  broke  up  the  meeting  of  a  Methodist  minister  who  had  been 
sent  by  the  Baltimore  conference,  in  his  own  church  where  he  was  preaching.  The  mob 
assailed  him,  and  drove  him  out  of  the  pulpit  and  out  of  the  church,  and  one  of  them  fired  a 
gun  or  pistol.  The  rebels  said  that  they  had  fought  four  years,  and  would  fight  four  years 
longer  to  break  up  such  an  establishment  as  that.  I  suppose  that  may  be  important  to 
indicate  the  state  of  public  feeling  there.  Northern  ministers  are  not  invited  to  preach  in  the 
south  at  all. 

Question.  How  general  is  that  refusal  to  invite  them  ? 

Answer.  Almost  universal,  unless  a  northern  minister  is  known  to  be  a  southern  sympa 
thizer.  Some  northern  men  may  preach  in  the  south. 

Question.  So  far  as  your  observation  extends,  is  this  universal  ? 

Answer.  Yes,  sir.  Dr.  Bacon,  of  New  Haven,  went  to  the  south,  and  I  suppose  he  would 
give  the  same  testimony.  As  an  agent  of  the  Baltimore  conference  I  did  business  there,  but 
was  not  invited  into  any  pulpit,  as  I  used  to  be.  I  am  speaking  now  of  Virginia ;  there  is  a 


46  RECONSTRUCTION. 

very  different  feeling  in  Tennessee.  I  went  all  through  the  valley  of  Virginia,  an<?  western 
Virginia  to  Charlottesville,  andover  the  ridge  to  Lynch  burg,  and  was  not  invited  to  preach 
anywhere.  I  never  heard  a  prayer  for  the  President  of  the  United  States,  or  for  the  govern 
ment,  except  in  the  Episcopal  service,  which  requires  it.  I  have  heard  since  the  close  of  the 
war  expressions  made  in  the  pulpit,  of  which  the  people  approved,  in  regard  to  the  oppression 
of  the  United  States  government.  I  was  in  Charlottesville  on  the  thanksgiving  day  ap 
pointed  by  Presiden  Johnson,  and  while  the  stores  were  shut  up,  there  were  no  religious  ob 
servations  taken  of  the  day  at  all. 

An  Episcopal  minister  of  high  standing  in  one  of  the  towns  of  Virginia  went  down  town 
with  his  coat  to  be  mended ;  in  one  store  that  he  went  into  he  asked  the  tailor  if  he  was  a 
Union  man ;  the  tailor  said  yes,  and  the  minister  would  not  leave  his  coat  to  be  mended, 
saying  that  he  would  not  trade  with  Union  people  ;  he  would  rather  do  without  having  his 
coat  mended.  His  congregation  embraces  friends  of  very  influential  men  in  the  south. 

A  distinguished  Presbyterian  minister,  Dr.  Boyd,  died  recently  in  the  valley  of  Virginia. 
His  funeral  sermon  was  preached  by  one  of  the  most  celebrated  clergymen  of  Virginia,  the 
well  known  Dr.  Stiles,  who  was  formerly  settled  over  one  of  the  Richmond  churches,  and 
in  his  sermon  he  made  these  remarks:  he  alluded  to  Dr.  Boyd;  said  that  he  was  a  strong 
southern  man,  and  had  done  what  he  could  to  separate  the  churches  north  and  south,  which 
he  did  not  regret ;  then  he  spoke  of  Dr.  Boyd  having  been  taken  from  his  family  as  a  pris 
oner  (he  had  been  taken  and  carried  to  Wheeling  as  a  hostage  for  the  safety  of  two  members 
of  the  West  Virginia  legislature  who  had  been  taken  to  Richmond.)  He  remarked  that  Dr. 
Boyd  regretted  nothing  he  had  done  for  the  separation  of  the  churches,  and  asked  who  had 
any  right  to  drag  him  from  his  family,  to  take  him  away  and  place  him  among  felons  as  a 
prisoner  1 

Question.  Did  he  say  that  the  clergyman  who  was  made  a  prisoner  was  placed  among 
felons  by  the  Union  troops  1 

Answer.  Yes,  sir ;  he  used  that  phrase,  and  I  was  pained  to  hear  it.  I  was  there  myself 
part  of  the  time ;  but  this  thing  ca-me  directly  to  me  from  a  lady  who  heard  it.  I  thought  it 
was  calculated  to  keep  up  a  state  of  bad  feeling  and  excitement  there. 

I  would  say,  in  the  next  place,  that  there  is  very  little  social  intercourse  between  the  Union 
people  and  the  secesh  people  of  the  district  with  which  I  am  acquainted.  The  rebels  will  not 
have  anything  to  do  with  the  Union  people.  As  a  general  thing,  they  shun  them,  and,  as 
they  are  in  the  majority,  the  Union  people  expect  them  to  make  the  advances  which  they  are 
willing  to  meet ;  but  the  secesh  people  stand  aloof  and  show  very  little  social  feeling.  Union 
ladies  are  not  recognized  in  the  churches  where  they  have  been  accustomed  to  go.  No  notice 
is  taken  of  them  by  the  secesh  people  in  the  churches.  They  will  not  trade  with  the  Union 
people  in  that  section  of  the  country,  if  they  can  help  it.  1  think  there  is  a  general  disposi 
tion  manifested  not  to  do  so,  and  I  can  relate  some  instances  of  it. 

Mr.  HOWARD.  If  they  illustrate  the  state  of  feeling,  relate  them. 

WITNESS.  An  apothecary  in  that  district  said  that  all  his  secesh  customers  had  fallen  off 
since  the  war.  A  shoemaker  said  that  he  had  not  had  six  cents'  worth  of  custom  from  a  secesh 
since  the  war  closed.  When  I  was  going  back  south  at  the  close  of  the  war  I  met  in  Balti 
more  a  gentleman  from  Winchester.  He  asked  me  where  I  was  going.  I  told  him  I  was  go 
ing  to  Winchester,  and  asked  him  a  little  about^the  state  of  things  there.  He  is  a  man  of  some 
influence.  He  said  that  northern  men  could  not  stay  there,  and  he  told  me  the  circumstance 
of  a  Union  man  Avho  came  there  with  a  carpet  bag  full  of  money  to  buy  land,  and  who  very 
soon  found  his  way  back  to  the  railroad  cars,  because  there  was  such  a  feeling  of  opposition 
to  men  who  come  there  to  buy  laud. 

Question.  You  think  there  is  an  opposition  to  northern  people  going  there  to  buy  land  and 
settle? 

Answer.  I  think  there  is. 

Question.  How  strong  is  it  ? 

Answer.  It  exists  among  the  majority  of  the  people.  A  gentleman  told  me  the  other  day 
that  he  bought  a  farm  a  few  miles  from  town,  but  that  there  was  such  a  state  of  feeling  there, 
he  was  sorry  he  did  so,  and  would  sell  it  as  soon  as  he  could.  A  secesh  lady  who  had  beeft 
in  the  habit  of  trading  with  a  Union  man  inquired  of  his  brother  if  he  was  a  Union  ma^ 
He  said  yes.  She  had  been  trading  at  the  rate  of  a  thousand  a  year,  but  she  said  she  wouR* 
do  no  more  trading  with  him. 

I  will  relate  an  anecdote  as  to  the  feeling  towards  the  United  States  government,  the  troops, 
and  the  Freedmeu's  Bureau.  I  met  two  or  three  gentlemen  in  Marion  county,  Virginia, 
within  the  last  two  months.  They  were  conversing  about  the  state  of  things.  One  of  them 
was  a  principal  lawyer  of  the  county,  and  another  was  one  of  the  most  influential  men  of  the 
county.  One  of  them  said,  "Well,  we  submit  because  we  are  obliged  to,  but  we  hate  the 
government,  and,  if  the  government  were  to  get  into  trouble,  we  would  laugh  at  their  calam 
ity,  and  mock  when  their  fear  cometh."  The  other  gentleman,  turning  to  his  son,  said  ''Yes, 
we  teach  our  boys  to  hate  the  Yankees ;  there  is  a  boy  twelve  years  old  who  is  trained  up  to 
hate  the  Yankees."  These  are  two  as  distinguished  men  as  are  to  be  found  in  the  valley. 

I  have  often  heard  it  mentioned  as  good  news,  the  possibility  of  a  rupture  with  France 
upon  the  Mexican  question.  General  Lee's  chief  of  artillery  (Curtis  or  Custis,  I  think)  was 
travelling  with  a  friend  of  mine  in  the  State,  who  related  to  me  this  fact ;  The  chief  of  arlii- 


VIRGINIA — NORTH   CAROLINA SOUTH    CAROLINA.  47 

lery found  out  that  my  friend  was  from  the  north  and  said  to  him  "You  have  the  advantage 
now,  but  we  will  try  you  again  if  you  do  not  give  us  our  rights,"  or  words  to  that  effect.  It 
was  as  strong  as  that  certainly.  This  was  reported  to  Mr.  Seward.  A  gentleman  in  Woodstock, 
an  influential  man,  said  the  same  thing  to  me.  He  is  the  tavern-keeper  there.  He  said  "well, 
we  are  whipped;  but  if  the  government  does  not  give  us  our  rights,  we  will  fight  again." 

Question.  What  did  he  mean  by  their  rights? 

Answer.  That  he  did  not  specify.  I  suppose  he  meant  State-rights.  I  heard  a  remark 
made  in  reference  to  which  was  the  strongest  party  in  Virginia,  the  Union  or  the  rebel  party. 
The  remark  was,  that  if  the  United  States  troops  were  withdrawn  we  would  soon  see  who 
were  the  strongest  party.  It  was  a  rebel  who  said  so.  The  army  wagons  belonging  to  the 
government  were  recently  stoned  when  they  were  leaving  Woodstock.  This  was  within  a 
few  days  past.  They  were  also  fired  upon  from  a  house.  I  have  these  facts  upon  the 
authority  of  Captain  Howe,  who  is  on  duty  at  Winchester;  and  I  suppose  General  Ayers 
will  make  a  report  of  it  to  the  War  Department ;  but  I  thought  I  might  as  well  mention  it  to 
the  committee.  Lieutenant  Hall  told  me  that  he  was  travelling  in  an  omnibus  going  to  the 
cars ;  that  the  rewere  two  rebel  officers  sitting  beside  him,  and  that  one  of  them  said  to  the 
other  that  the  member  elect  to  Congress  had  promised  him  an  office,  and  that  he  supposed  he 
would  get  him  his  old  office  in  the  Coast  Survey.  I  think  myself  that  the  way  the  rebels 
parade  their  uniforms,  wearing  their  buttons,  is  a  sign  of  disloyalty. 

Question.  State  how  they  parade  them. 

Answer.  A  great  many  coats  are  worn  which  were  worn  in  the  rebel  army.  As  a  general 
thing  their  buttons  are  cut  off;  but  there  are  a  good  many  who  still  wear  their  buttons, 
some  coats  are  evidently  new,  made  in  the  old  shape,  but  merely  denuded  of  buttons,  while 
a  great  many  wear  buttons.  The  gray  predominates  throughout  the  south.  They  seem  to 
fancy  it.  As  to  the  Freedmen's  Bureau,  of  course  there  is  a  universal  hostility  against  it. 
There  is  no  doubt  about  that.  Mr.  Tookay,  assistant  superintendent  of  the  Freedmen's 
Bureau  in  Staunton,  was  lately  hooted  in  the  streets.  His  authority  was  repudiated  by  per 
sons  whom  he  had  summoned  before  him,  on  the  ground  that  the  Yankees  were  gone.  A 
circumstance  occurred  recently  in  the  cars  at  Gordonsville  to  Mr.  Cohan,  superintendent  of 
colored  schools.  He  had  got  out  of  the  cars  for  a  moment,  leaving  his  baggage  on  the  seat. 
When  he  came  back  into  the  car  he  found  that  his  baggage  had  been  set  aside,  and  that  a 
lady  had  taken  his  seat.  He  finally  hunted  up  his  baggage  and  remarked  to  a  person  near 
him  that  he  thought  no  lady  would  use  a  gentleman's  baggage  in  that  way.  The  gentleman 
afterwards  conversed  with  the  lady  and  she  told  him  the  facts.  When  they  were  getting  out 
of  the  cars  he  told  Mr.  Cohan  that  if  he  did  not  ask  the  lady's  pardon  he  should  suffer  for  it. 
Mr.  Cohan  said  that  he  had  not  insulted  any  person,  and  was  not  going  to  ask  pardon. 
Upon  that  the  gentleman  knocked  him  down.  His  name  is  Strother,  and  he  is  a  member  of 
the  house  of  representatives  of  Virginia.  Cohan  rose  from  the  ground  and  asked  if  there 
vras  no  guard  there,  meaning  the  United  States  soldiers.  One  man  remarked,  "We  have 
got  enough  of  you,  you  d — d  Yankee  ;"  and  that  was  the  general  shout  of  the  car-load  of 
passengers.  They  had  inquired  of  the  conductor  who  Cohan  was,  and  when  they  found  out 
who  he  was  the  general  feeling  was  against  him — a  feeling  of  exultation  that  he  had  been 
knocked  down,  I  would  say  that  colored  schools  have  been  broken  up  in  Virginia  since  the 
troops  have  been  withdrawn.  That  has  been  the  case  in  Waynesboro',  near  Stauuton. 

Question.  Is  that  to  your  personal  knowledge  ? 

Answer.  I  had  it  from  Mr.  Tookay,  assistant  superintendent  of  the  Freedmen's  Bureau  at 
Staunton.  A  southern  lady,  who  had  undertaken  to  teach  a  colored  school  there,  had  been 
told  to  leave.  They  would  not  allow  her  to  teach  there. 

Question.  Who  told  her  to  leave  ? 

Answer.  The  secesh  portion  of  the  people. 

Question.  Did  she  leave? 

Answer.  Yes,  sir;  but  they  were  going  to  restore  the  school  again.  She  did  leave,  and 
the  school  was  broken  up.  Ladies  who  go  there  as  teachers  of  colored  schools  find  it  almost 
impossible  to  get  any  quarters ;  people  will  not  take  them  in  to  board.  I  have  heard  it  said 
often  that  if  the  soldiers  of  the  United  States  were  not  there,  there  would  be  no  colored 
schools  open.  Mr.  Creever,  pastor  of  the  Methodist  church  in  Winchester,  told  me  the  other 
day  that  although  he  had  done  nothing  but  preach  in  the  church,  he  should  not  consider  his 
life  safe  in  Winchester  unless  there  were  troops  there.  I  have  heard  some  of  the  conservative 
secessionists  say  that  it  is  the  mob  that  does  this  thing;  but  the  question  arises,  why  there 
is  not  some  exhibition  of  feeling  on  their  part  to  put  down  such  things.  I  believe,  from  my 
general  observation  of  the  people  of  that  district,  and  from  what  1  know  of  Virginia  before 
the  war  and  since,  that  there  is  as  bitter  feeling  prevalent  among  the  people  against  the 
Union  citizens  at  the  south — those  who  sided  with  the  Union  cause  in  the  rebellion — as  there 
was  during  the  war;  and  that  is  the  general  feeling  there  among  Union  people.  I  do 
not  think  that  the  Union  men  can  stay  there,  unless  they  are  protected  by  the  United  States* 
soldiers.  A  circumstance  occurred  the  day  before  yesterday  in  Winchester,  which  it  may  be 
as  well  to  mention.  Two  Union  men  were  conversing  in  the  street,  and  one  said  to  the  other 
that  for  his  part  he  approved  of  a  certain  measure  introduced  in  Congress  to  consider  the 
States  lately  in  rebellion  as  conquered  territory,  to  be  treated  as  such.  A  person  who  was 
said  to  be  the  first  man  to  appear  when  the  war  broke  out,  with  his  musket,  in  the  streets  of 


48  RECONSTRUCTION. 

Winchester — he  was  a  major  afterwards  in  the  rebel  army  throughout  the  war,  and  is  an 
influential  man — was  passing  at  the  time  and  overheard  part  of  the  remark.  He  turned  to 
the  other  Union  man  and  asked,  "What  did  he  say?"  The  other  mentioned  what  he  had 
said,  that  he  had  approved  of  the  measure  introduced  by  Mr.  Stevens.  "  Ah,"  said  he,  "  he 
ought  to  have  been  hanged  ten  years  ago,  and  you  with  him,"  and  he  passed  ou.  The  post 
master  at  Winchester  is  my  authority. 

Question.  Do  you  know  anything  about  the  condition  of  East  Tennessee  ? 
Answer.  Yes,  sir,  I  do.  I  visited  about  twenty  counties,  out  of  thirty,  in  East  Tennessee. 
I  consider  the  people  of  East  Tennessee  as  decidedly  loyal— very  much  so.  I  did  not  go 
into  West  Tennessee.  Judging  from  what  they  said  and  did,  there  is  a  strong  feeling  mani 
fested  against  the  rebels.  There  have  been  some  excesses  of  mobs,  which,  of  course,  I  do 
not  approve  of;  but  they  were  excesses  running  the  other  way.  The  rebels  there  are  alto 
gether  more  subdued  and  more  submissive  than  the  rebels  in  Virginia,  and  have,  I  thought, 
a  different  feeling  towards  the  government  of  the  United  States. 

Question.  Is  it  not  because  there  are  more  Union  men  in  East  Tennessee  that  the  rebels 
feel  thus  mollified? 

Answer.  I  think  it  is.  I  found  there  the  old  feeling  against  the  colored  people,  just  as 
much  as  in  Virginia. 

Question.  What  is  the  general  disposition  of  the  rebel  people  toward  the  freedmen  in  V  ir 
ginia  where  you  have  been  acquainted  1 
Answer.  Decidedly  hostile. 

Question.  If  they  could  have  their  way  would  they  reduce  the  blacks  again  to  slavery  ? 
Answer.  I  cannot  say,  as  a  general  thing;  some  would. 
Question.  Would  they  expel  them  from  the  country  if  they  had  that  power  ? 
Answer.  I  think  they  would. 

Question.  Are  they  willing  to  supply  their  places  with  free  laborers  from  the  north  or  from 
foreign  lands  1 

Answer.  They  manifest  a  preference  to  supply  their  places  with  foreigners. 
Question.  Are  the  rebel  people,  with  whom  you  have  been  acquainted,  generally  anxious 
still  for  southern  independence,  so  called  1 
Answer.  Yes,  sir ;  I  regard  them  so. 

Question.  Do  they  seem  to  feel  a  disposition  to  separate  themselves  and  to  be  by  them 
selves  as  an  independent  people,  unconnected,  either  commercially  or  socially,  with  the 
northern  States  1 

Answer.  Yes,  sir ;  they  do,  very  decidedly. 

Question.  Do  they  appear  to  hate  the  government  of  the  United  States  generally  as  a  gov 
eminent  ? 

Answer.  I  think  they  do. 

Question.  And  do  they  appear  to  hate  the  north  as  a  community  ? 
Answer.  Yes,  sir;  decidedly. 

Question.  In  case  of  the  removal  of  the  military  forces  of  the  United  States  from  those 
communities,  is  it  likely,  in  your  mind,  that  there  would  be  scenes  of  violence  and  riot 
there  1 

Answer.  I  have  no  doubt  of  it. 

Question.  What  would  be  the  special  object  of  such  violence  ? 

Answer.  I  think  it  would  manifest  itself  against  Union  citizens  and  against  colored  poop!?. 
Question.  In  your  opinion,  could  any  considerable  portion  of  the  rebel  population  i> :  1.1- 
duced  to  volunteer  their  military  services  to  defend  the  government  of  the  United  States  1 
Answer.  I  think  not ;  that  is  my  opinion. 
Question.  How  do  they  regard  General  Lee  ? 
Answer.  With  a  great  deal  of  admiration. 
Question.  How  do  they  regard  Jefferson  Davis  ? 

Answer.  I  never  heard  much  said  about  Davis  in  my  travels.  They  did  not  talk  about 
him  much.  They  talked  pretty  much  about  Lee. 

Question.  Did  you  hear  any  censure  cast  upon  Lee,  among  intelligent  men,  either  for  the 
terms  of  his  surrender  or  for  the  fact  of  his  surrender  ? 
Answer.  I  did  not. 

Question.  When  they  say  that  they  "accept  the  situation,"  what  is  the  practical  meaning 
which  they  attach  to  that  very  indefinite  phrase  ? 

Answer.  I  suppose  them  to  mean  this :  that  they  could  not  wage  the  war  duy  longer ; 
that  they  were  conquered,  and  had  to  submit  to  the  government  of  the  United  States,  but 
unwillingly,  and  that  they  would  prefer  to  be  independent  all  the  time.  That  is  my  opinion. 
Question.  Have  you  any  reason  to  believe,  from  information  which  you  may  have  gath 
ered,  that  there  are  conspiracies  or  combinations  of  rebels  having  in  view  the  renewal  of  the 
war  or  the  securing  of  southern  independence? 

Answer.  I  have  not.     I  have  not  any  knowledge  of  that  sort. 


VIRGINIA NORTH    CAROLINA — SOUTH    CAROLINA.  49 

WASHINGTON,  D.  C.,  February  3,  1866. 
Calvin  Pepper  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Of  what  State  are  you  a  native  ? 

Answer.  Of  Massachusetts. 

Question.  Where  do  you  reside  ? 

Answer.  At  Norfolk,  Virginia. 

Question.  How  long;  have  you  resided  at  Norfolk  ? 

Answer.  I  have  resided  at  Norfolk  about  eighteen  months. 

Question.  What  is  your  occupation  there  ? 

Answer.  I  am  a  lawyer. 

Question.  Are  you  in  the  practice  of  the  law  there  ? 

Answer.  Yes,  sir.  I  was  in  the  practice  of  the  law  at  Alexandria  six  months  before  go 
ing  there. 

Question.  How  extensively  are  you  acquainted  with  the  political  and  social  condition  of 
affairs  in  Virginia? 

•  Answer.  I  will  state  the  sources  of  my  knowledge  and  information.     I  am  delegate  here 
from  a  loyal  league  council,  No.  7,  of  Norfolk.     I  have  come  commended  by  that  league.    I 
have  been  delegated  to  come  to  Washington  to  represent  the  state  of  feeling  in  Virginia.     I 
am  also  sent  here  by  an  association  of  white  persons  exclusively,  at  Norfolk,  to  promote  the 
right  of  impartial  suffrage.     This  loyal  league  and  this  association  comprise,  as  I  believe, 
every  one  of  the  white  persons  in  that  section  of  the  country  who  have  been  loyal  during 
the  war. 

Question.  How  numerous  are  the  two  associations  put  together  ? 

Answer.  The  number  of  white  persons  whom  I  feel  authorized  to  represent  is  about  two 
hundred  and  fifty. 

Question.  Are  they  all  embraced  within  the  city  of  Norfolk  ? 

Answer.  Norfolk  and  Portsmouth.  I  am  also  deputed  to  represent  about  twelve  mass 
meetings,  held  irrespective  of  color,  but  principally  composed  of  colored  people,  held  at 
Norfolk,  Portsmouth,  Hampton,  Old  Point,  Yorktown,  and  Williamsburg. 

Question.  To  whom  are  you  deputed  here  ? 

Answer.  I  was  deputed  to  the  President  of  the  United  States,  to  this  committee,  to  the 
War  Department,  to  the  Freedmen's  Bureau,  and  to  represent  the  interests  of  the  people 
whom  I  have  come  to  represent.  I  would  state  that  I  have  also  been  elected  by  the  colored 
people  of  Norfolk  county  as  their  judge  in  the  freedrnen's  court,  so  called,  and  that  I  have 
been,  by  many  separate  meetings,  appointed  the  attorney  and  counsel  of  colored  people  in 
regard  to  those  matters,  and  that  I  should  judge  that  there  are  at  least  thirty  persons  a  day 
on  the  average  at  my  office,  especially  colored  people,  consulting  me  in  regard  to  matters 
pertaining  to  their  interests. 

Question.  What  is  the  state  of  feeling  on  the  part  of  the  rebel  people  in  and  about  Norfolk 
toward  the  government  of  the  United  States  ? 

Answer.  It  is  decidedly  hostile. 

Question.  Is  that  hostility  apparently  on  the  increase  ? 

•  Answer.  It  has  sensibly  increased  within  the  last  three  months — that  is,  by  expression. 
Question.  What,  in  your  opinion,  is  the  cause  of  that  increase  ? 

Answer.  I  do  not  say  there  is  an  increase  of  the  feeling,  but  there  is  an  increase  of  the 
manifestation  of  that  feeling. 

Question.  What  do  you  fancy  has  been  the  cause  of  that  increase  ? 

Answer.  Their  restoration  to  power  by  pardons. 

Question.  What  effect  has  the  liberal  policy  of  granting  amnesties  and  pardons  had  upon 
the  minds  and  hearts  of  the  rebels  ? 

Answer.  To  encourage  them  in  their  hopes  of  establishing  an  independent  government 
eventually. 

Question.  What  appears  to  be  the  ultimate  hope  of  the  rebel  community  there  ;  what  do 
they  intend  ;  what  is  the  ultimate  purpose  and  great  end  to  which  they  are  looking  ? 

Answer.  I  think  they  still  fondly  cherish  the  nope  of  eventual  separation  from  the  United 
States  government,  but  to  be  brought  about  in  other  ways  than  by  the  battle-field.  They 
.seem  to  have  abandoned  that. 

Question.  What  other  scheme  have  they  in  view  now  ? 

Answer.  I  will  state  that  I  am  seriously  apprehensive  of  direct  hostile  collisions  between 
loyal  citizens  and  the  former  rebels,  unless  checked. 

Question.  Suppose  the  Union  forces  were  withdrawn  from  those  localities,  what  result 
would  it  have  ? 

Answer.  I  do  not  believe  there  would  be  protection  to  the  colored  people  or  to  the  loyal 
white  men,  or  that  it  would  be  safe  for  a  loyal  white  man  to  reside  there. 

Question.  What  would  the  rebels  do  ? 

Answer.  I  think  we  would  not  be  safe  in  property,  liberty  or  life. 

Question.  You  mean  to  say  that  you  apprehend  scenes  of  violence  and  outrage  ? 
4  V  NC  SC 


50  RECONSTRUCTION. 

Answer.  Yes,  sir. 

Question.  How  do  the  rebels  feel  toward  the  freedmen  ? 

Answer.  They  feel  vindictive  toward  them  because  of  their  aid  in  suppressing  the  rebel 
lion  and  their  steadfast  loyalty  to  the  country. 

Question.  If  they  had  the  power,  what  kind  of  policy  would  they  pursue  toward  the 
freedmen  ? 

Answer.  They  would  reduce  them  again  to  slavery,  or  its  equivalent  under  some  other 
name,  so  far  as  they  could  do  so  without  interference. 

Question.  Would  you  apprehend  an  expulsion  of  the  blacks  from  the  neighborhood  ? 

Answer.  Their  expulsion  or  complete  subjugation,  one  or  the  other. 

Question.  Is  that  feeling,  in  your  opinion,  prevalent  in  the  State  of  Virginia  ? 

Answer.  I  believe  that  is  the  opinion  of  all  the  colored  people  without  exception,  and  that 
is  the  opinion  and  conviction  of  all  the  white  Unionists  with  whom  I  have  come  into  corre 
spondence,  many  of  whom  are  native  Virginians.  The  native  Virginians  are  the  most  decided 
in  that  conviction. 

Question.  Do  you  draw  these  conclusions  from  your  actual  conversations  with  the  rebel 
portion  of  the* community,  or  from  the  loyal  portion  ? 

Answer.  From  both,  and  from  what  I  have  seen  and  observed  and  know. 

Question.  What  is  the  feeling  in  relation  to  any  foreign  war  in  which  the  United  States 
may  be  engaged? 

Answer.  I  think  that,  with  the  present  feeling,  it  would  be  quite  unsafe,  if  we  would  pre 
serve  peace  at  home,  to  engage  in  foreign  war. 

Question.  What  do  you  anticipate  would  be  the  course  taken  by  the  rebels  ? 

Answer.  I  think  they  would  make  use  of  that  opportunity  to  show  resistance  again  to  the 
United  States  government. 

Question.  Would  they  generally  join  the  enemies  of  the  United  States  ? 

Answer.  If  by  that  course  they  could  secure  their  independence,  as  they  call  it,  I  think 
they  would. 

Question.  What  is  the  general  feeling  among  the  rebels  toward  the  northern  people ;  are 
they  willing  to  have  social  and  commercial  intercourse  with  them  ? 

Answer.  They  carefully  abstain  from  it,  and  persistently,  so  far  as  they  can  and  main 
tain  any  of  the  other  decent  appearances  of  life. 

Question.  How  much  chance  does  a  northern  Unionist  stand  in  a  State  court  in  Virginia 
in  the  prosecution  of  his  rights  ? 

Answer.  A  very  poor  chance. 

Question.  In  an  ordinary  suit  between  a  loyalist,  whether  northerner  or  southerner,  and  a 
rebel,  would  you  expect  that  justice  would  be  fairly  administered  by  a  State  court  and  jury 
in  Virginia '/ 

Answer.  As  a  general  rule,  I  do  not.  Of  course  there  might  be  some  jurors  who  would 
insist  on  justice  being  done ;  but,  as  a  general  rule,  I  do  not  think  there  would  be. 

Question.  In  your  opinion,  could  one  of  the  ringleaders  of  the  rebellion,  if  brought  to  trial 
for  treason  before  a  jury  selected  in  Virginia,  be  convicted  of  treason  upon  clear  proof  of  his 
having  participated  in  the  war  against  the  United  States  ? 

Answer.  I  should  regret  very  much  to  have  the  experiment  tried. 

Question.  What,  in  your  opinion,  would  be  the  result  in  case  the  proofs  were  clear  and 
sufficient;  would  the  jury  find  a  traitor  guilty  ? 

Answer.  I  think  the  verdict  of  a  jury  could  not  be  relied  on.  It  might  be  possible  that 
they  would  convict  him,  but  my  own  opinion  would  be  that  a  conviction  would,  not  follow. 
Yot  it  would  be  possible  if  the  jury  were  as  fairly  constituted  as  it  might  be. 

Question.  Suppose  the  jurors  were  taken  by  lot  ? 

Answer.  If  they  were  taken  by  lot,  I  do  not  think  that  a  conviction  would  be  possible. 

Question.  Could  you  pick  out  a  jury  in  the  county  where  you  live  that  would  convict  Jef 
ferson  Davis  of  treason  in  case  the  proof  was  perfectly  clear  that  he  had  participated  in  overt 
acts  of  war  ? 

Answer.  Not  unless  northern  men  should  be  selected  as  jurors,  or  native  Virginians  who 
have  been  loyal  throughout  the  war,  and  are  known  to  be  such. 

Question.  How  do  the  rebels  feel  toward  the  freedmen  ? 

Answer.  Within  the  last  six  months  I  have  had  more  than  a  hundred  complaints  made  to 
me  with  reference  to  the  abuse  of  freedmen  by  the  rebels,  or  at  their  instigation.  They  have 
been  beaten,  wounded,  and  in  some  instances  killed ;  and  I  have  not  yet  known  one  white 
man  to  have  been  brought  to  justice  for  an  outrage  upon  a  colored  man. 

Question.  Are  these  scenes  of  frequent  occurrence  ? 

Answer.  Quite  frequent.  I  am  at  present  employed  in  the  prosecution  of  a  white  man  for 
hanging  a  colored  man ;  in  a  prosecution  against  a  white  mau  for  shooting,  with  intent  to 
kill,  a  colored  man ;  in  a  prosecution  against  a  mob  of  white  men  who  broke  into  the  house 
of  a  colored  man  at  Portsmouth  and  robbed  him  and  destroyed  his  property.  These  are 
cases  still  untried.  I  am  also  employed  in  a  case  in  which  a  colored  mau  was  beaten^  by  a 
member  elect  to  Congress. 

Question.  What,  if  they  had  the  power,  would  the  rebels  do  with  the  freedmen — expel 
them  from  the  country  ? 


ri~    VIRGINIA — NORTH    CAROLINA SOUTH   CAROLINA.  51 

Answer.  Or  subject  them,  so  that  they  could  have  their  unrequited  labor  and  be  masters 
over  them. 
Question.  From  what  you  have  seen,  are  you  of  opinion  that  that  feeling  is  extensive  m 

Virginia  ? 

Answer.  I  think  it  prevails  as  extensively  as  ever  it  did. 

Question.  Are  there  colored  schools  established  at  Norfolk  ? 

Answer.  There  are. 

Question.  How  are  they  regarded  by  the  rebel  whites  ? 

Answer.  With  detestation. 

Question.  Are  the  teachers  treated  with  respect  ? 

Answer.  They  are  not,  but  quite  the  reverse.  They  do  not  expect  to  be  treated  with 
respect. 

Question.  Is  there  anything  else  that  you  desire  to  say  on  this  examination  ? 

Answer.  A  year  ago  I  thought  it  my  duty  to  bring  before  the  district  court  of  the  United 
States  the  right  of  a  colored  man  from  another  State  to  testify  in  the  State  courts  in  Alexan 
dria.  I  filed  a  bill  in  the  district  court  of  the  United  States,  before  Judge  Underwood,  in 
behalf  of  a  witness  whose  testimony  was  excluded.  I  held  that  the  State  law  excluding  his 
testimony  could  be  treated  as  a  nullity  by  the  United  States  court,  and  that  that  right  to  tes 
tify  should  be  enforced  ;  for  which,  and  which  only,  I  was  indicted  at  the  instigation  of  the 
governor  of  the  State. 

Question.  Indicted  for  what  ? 

Answer.  Indicted  for  this  disloyalty  to  the  State  of  Virginia. 

Question.  For  arguing  in  that  way  in  a  court  ? 

Answer.  Yes,  sir ;  for  taking  that  position  ;  for  that  I  was  indicted.  I  want  to  show  you 
what  protection  we  have.  I  was  told  by  the  governor  of  the  State,  in  view  of  that  (although 
his  opinions  are  ostensibly  changed  since)  and  for  other  reasons,  that,  if  he  had  the  power, 
he  would  build  a  wall  as  high  as  the  clouds  to  exclude  every  Yankee  from  the  State. 

Question.  What  governor  said  that  ? 

Answer.  Governor  Peirpoint,  He  told  me  so  to  my  face,  and  for  no  other  reason  than  for 
those  proceedings  which  he  asked  me  to  stay.  I  told  him  I  would  if  he  would  pledge  his  in 
fluence  to  have  a  law  passed  allowing  such  testimony. 

Question.  Where  did  you  hold  this  interview  with  Peirpoint  ? 

Answer.  In  Alexandria. 

Question.  Have  you  anything  further  to  state  ? 

Answer.  I  will  state,  that  the  colored  men  who  are  here  with  me  are  delegates  appointed 
at  the  meetings  of  which  I  spoke,  and  are  representative  men  in  Virginia,  men  of  influence. 
The  meetings  at  which  these  delegates  were  appointed  numbered  actually  in  attendance  at 
least  five  thousand  persons,  and  this  delegation  must  represent  at  least  fifty  thousand  per 
sons  in  Virginia, 


WASHINGTON,  February  3,  1866. 

Dr.  Daniel  Norton  (colored)  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  I  reside  in  Yorktown,  Virginia. 

Question.  How  old  are  you  ? 

Answer.  About  20  years  old. 

Question.  Are  you  a  regularly  licensed  physician  ? 

Answer.  I  am. 

Question.  Where  were  you  educated  ? 

Answer.  In  the  State  of  New  York.     I  studied  privately  under  Dr.  Warren. 

Question.  How  long  have  you  resided  at  Yorktown  ? 

Answer.  About  two  years. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  Yes,  sir  ;  I  was  born  in  Williamsburg,  Virginia. 

Question.  What  is  the  feeling  among  the  rebels  in  the  neighborhood  of  Yorktown  towards 
the  government  of  the  United  States  ? 

Answer.  They  do  not  manifest  a  very  cordial  feeling  toward  the  government  of  the  United 
States.  There  are  some,  of  course,  who  do,  but  the  majority  do  not  seem  to  manifest  a  good 
spirit  or  feeling. 

Question.  How  are  they  disposed  to  treat  you  ? 

Answer.  Me,  as  a  man,  they  are  generally  disposed  to  treat  well,  but  there  are  others  of 
my  fellow-men  whom  they  do  not  treat  as  well. 

Question.  Are  you  employed  as  a  physician  in  white  families  ? 

Answer.  I  have  not  been  employed  in  any  white  families,  except  in  one  case,  since  I  have 
been  there.  I  principally  practice  among  the  colored. 

Question.  How  do  the  returned  rebels  treat  the  colored  people  ? 


52  RECONSTRUCTION. 

Answer.  They  have  in  some  cases  treated  them  well,  but  in  more  cases  they  have  not.  A 
number  of  persons  living  in  the  country  have  come  into  Yorktown  and  reported  to  the  Freed- 
men's  Bureau  that  they  have  not  been  treated  well ;  that  they  worked  all  the  year  and  had 
received  no  pay,  and  were  driven  off  on  the  first  of  January.  They  say  that  the  owners  with 
whom  they  had  been  living  rented  out  their  places,  sold  their  crops,  and  told  them  they  had 
no  further  use  for  them,  and  that  they  might  go  to  the  Yankees. 

Question.  What  is  the  condition  of  the  colored  people  in  that  neighborhood  ? 

Answer.  They  are  poor,  sir.  There  is  a  large  settlement  near  Yorktown,  called  Slabtown, 
settled  by  the  government  during  the  war  with  those  who  came  within  the  lines.  The  colored 
people  there  are  doing  such  work  as  they  can  get  to  do,  oystering,  &c. 

Question.  Are  not  their  old  masters  ready  to  employ  them  for  wages  ? 

Answer.  There  have  been  some  sent  for,  and  in  several  cases  they  received  such  bad 
treatment  that  they  came  back  again.  (Witness  related  several  instances  of  this  kind.) 

Question.  Are  the  colored  people  in  your  neighborhood  willing  to  work  for  fair  wages  ? 

Answer.  They  are,  sir. 

Question.  Do  they  find  any  difficulty  in  obtaining  employment  at  fair  wages  ? 

Answer.  They  do  find  some  difficulty.  The  slaveholders,  who  have  owned  them,  say  that 
they  will  take  them  back,  but  cannot  pay  them  any  wages.  Some  are  willing  to  pay  a  dol 
lar  a  month,  and  some  less,  and  some  are  only  willing  to  give  them  their  clothing  and  what 
they  eat.  They  are  not  willing  to  pay  anything  for  work.  , 

Question.  Are  the  colored  people  generally  provided  with  houses  in  which  they  can  eat  and 
sleep  ? 

Answer.  Yes,  sir  ;  such  houses  as  they  have  built  themselves,  slab-houses. 

Question.  How  do  the  colored  people  feel  toward  the  government  of  the  United  States? 

Answer.  They  feel  determined  to  be  law-abiding  citizens.  There  is  no  other  feeling 
among  them. 

Question.  Are  you  a  delegate  sent  to  the  city  of  Washington  by  some  association  ? 

Answer.  I  am.  I  was  sent  by  three  counties ;  I  represent,  perhaps,  something  like  fifteen 
or  twenty  thousand  people.  The  great  trouble,  in  my  opinion,  is,  that  the  colored  people  are 
not  more  disposed  to  return  to  their  former  homes  on  account  of  the  treatment  which  those 
who  have  gone  back  have  received. 

Question.  State  generally  whether  or  not  the  treatment  which  these  colored  people  receive 
at  the  hands  of  their  old  white  masters  is  kind  or  unkind  ? 

Answer.  It  is  not  what  I  would  consider  kind  or  good  treatment.  Of  course  I  do  not 
mean  to  be  understood  that  there  are  not  some  who  treat  them  kindly,  but  I  mean  generally  ; 
they  do  not  treat  them  kindly. 

Question.  In  case  of  the  removal  of  the  military  force  from  among  you,  and  also  of  the 
Freedmen's  Bureau,  what  would  the  whites  do  with  you  ? 

Answer.  I  do  not  think  that  the  colored  people  would  be  safe.  They  would  be  in  danger 
of  being  hunted  and  killed.  The  spirit  of  the  whites  against  the  blacks  is  much  worse  than 
it  was  before  the  war  ;  a  white  gentleman  with  whom  I  was  talking  made  this  remark  :  he 
said  he  was  well  disposed  toward  the  colored  people,  but  that,  finding  that  they  took  up  arms 
against  him,  he  had  come  to  the  conclusion  that  he  never  wanted  to  have  anything  to  do 
with  them,  or  to  show  any  spirit  of  kindness  toward  them.  These  were  his  sentiments. 


WASHINGTON,  February  37  1866. 

Reverend  William  Thornton  (colored)  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  What  is  your  age  ? 
Answer.  Forty-two,  sir. 
Question.  Where  were  you  born? 
Answer.  In  Elizabeth  City  county,  Virginia. 
Question.  What  degree  of  education  have  you  received  ? 

Answer.  My  education  is  very  narrowly  limited ;  I  have  not  had  the  advantages  of  a  first- 
ate  education. 

Question.  You  can  read  and  write?       • 
Answer.  Yes,  sir. 

Question.  Can  you  read  the  Bible  ? 
Answer.  Oh,  yes,  sir. 

Question.  Can  you  read  ordinary  newspapers  1 
Answer.  Yes,  sir. 

Question.  Can  you  write  a  letter  on  business  ? 
Answer.  Yes,  sir. 
Question.  Were  you  ever  a  slave  ? 
Answer.  Yes,  sir. 
Question.  When  were  you  made  free  ? 


VIRGINIA — NORTH   CAROLINA SOUTH   CAROLINA.  53 

Answer.  I  was  made  free  under  the  proclamation. 

Question.  Where  do  you  reside  1 

Answer.  Hampton,  Elizabeth  City  county,  Virginia. 

Question.  How  do  the  old  rebel  masters  down  there  feel  toward  your  race  ? 

Answer.  The  feeling  existing  there  now  is  quite  disagreeable. 

Question.  Do  they  not  treat  the  colored  race  with  kindness  down  there? 

Answer.  No,  sir. 

Question.  What  acts  of  unkindness  can  you  mention  ? 

Answer.  I  was  asked  the  other  day  if  I  did  not  know  I  was  violating  the  law  in  celebra 
ting  marriages.  I  did  not  know  that  that  was  the  case,  and  I  went  up  to  the  clerk's  office  to 
inquire ;  I  said  nothing  out  of  the  way  to  the  clerk  of  the  court ;  I  only  asked  him  if  there 
had  been  any  provision  for  colored  people  to  be  lawfully  married.  Said  he,  "I  do  not  know 
whether  there  is  or  not,  and  if  they  are  granting  licenses  you  can't  have  any  ;  that  is  my  busi 
ness,  not  yours."  After  I  found  I  was  violating  the  law,  I  went  to  the  Freeduien's  Bureau 
and  stated  the  case.  A  provision  was  afterwards  made  in  the  bureau  granting  licenses,  and 
authorizing  me  to  marry.  Some  days  after  that  an  old  gentleman  named  Houghton,  a  white 
man  living  in  the  neighborhood  of  my  church,  was  in  the  church.  In  my  sermon  I  men 
tioned  the  assassination  of  Mr.  Lincoln.  Next  day  I  happened  to  meet  Houghton,  who  said 
to  me,  "  Sir,  as  soon  as  we  can  get  these  Yankees  off  the  ground  and  move  that  bureau,  we 
will  put  you  to  rights  ;  we  will  break  up  your  church,  and  not  one  of  you  shall  have  a  church 
here.'"  Said  I.  "For  what  ?  I  think  it  is  for  the  safety  of  the  country  to  have  religious  meet 
ings,  and  for  your  safety  as  well  as  everybody  else's."  "We  will  not  have  it,  sir,"  said  he, 
and  then  he  commeuced  talking  about  two  classes  of  people  whom  they  intended  to  put  to 
rights,  the  colored  people  and  the  loyal  white  men.  I  asked  him  in  what  respect  he  was 
going  to  put  them  to  rights  ;  said  he,  "That  is  for  myself." 

Question.  Is  he  a  man  of  standing  and  condition  in  the  neighborhood? 

Answer.  He  owns  property  there. 

Question.  Is  he  a  rebel  ?  . 

Answer.  Oh,  yes. 

Question.  Can  you  speak  of  any  acts  of  violence  committed  by  the  whites  upon  the  blacks  ? 

Answer.  Yes,  sir ;  about  three  weeks  ago  a  colored  man  got  another  one  to  cut  some  wood 
for  him,  and  sent  him  into  the  woods  adjoining  the  property  of  a  Mr.  Britner,  a  white  man. 
The  colored  man,  not  knowing  the  line  between  the  two  farms,  cut  down  a  tree  on  Britner's 
laud,  when  Britner  went  into  the  woods  and  deliberately  shot  him  as  he  would  shoot  a  bird. 

Question.  WTas  he  not  indicted  and  punished  for  that  ? 

Answer.  They  had  him  in  prison. 

Question.  Is  he  not  in  prison  now  ? 

Answer.  I  heard  that  they  had  let  him  outlast  Sunday  morning. 

Question.  Do  you  know  any  other  instances  of  cruelty  ? 

Answer.  I  have  church  once  a  month  in  Matthews  county,  Virginia,  the  other  side  of  the 
bay.  The  last  time  I  was  over  there  an  intelligent  man  told  me  that  just  below  his  house  a 
lady  and  her  husband,  who  had  been  at  the  meeting,  received  thirty-nine  lashes  for  being 
there,  according  to  the  old  law  of  Virginia,  as  if  they  had  been  slaves.  This  was  simply  be 
cause  they  were  told  not  to  go  to  hear  a  Yankee  darkey  talk.  They  said  he  was  not  a 
Yankee  but  was  a  man  born  in  Virginia,  in  Hampton. 

Question.  Why  did  they  not  resist  being  flogged  1 

Answer.  They  are  that  much  down. 

Question.  Did  they  not  know  that  they  had  a  right  to  resist? 

Answer.  They  dare  not  do  it. 

Question.  Why  ? 

Answer.  I  do  not  know.  On  the  1st  of  January  we  had  a  public  meeting  there,  at  which 
I  spoke.  The  next  night  when  I  was  coming  from  the  church,  which  is  about  a  mile  and  a 
half  from  my  house,  I  met  a  colored  man  who  told  me  that  there  was  a  plot  laid  for  me  ;  I 
went  back  to  the  church  and  got  five  of  my  church  members  to  come  with  me.  I  afterwards 
learned  that  a  fellow  named  Mahon,  a  white  man,  had  determined,  for  my  speech  that  day, 
to  murder  me  the  first  chance. 

Question.  Did  that  come  to  you  in  so  authentic  a  form  as  to  leave  no  doubt  upon  your 
mind  ? 

Answer.  I  believe  he  made  the  threat.  The  next  day  he  said  to  me,  "We  hope  the  time 
will  come  that  these  Yankees  will  be  away  from  here,  and  then  we  will  settle  with  you 
preachers."  That  gave  me  to  understand  that  the  threat  was  made. 

Question.  Do  you  wish  to  state  any  other  instances  ? 

Answer.  These  are  as  many  as  I  care  to  speak  of. 

Question.  You  are  up  here  as  a  delegate  to  make  representations  to  the  President  in  refer 
ence  to  the  condition  of  the  colored  people  ? 

Answer.  Yes,  sir. 

Question.  Are  you  a  regularly  ordained  minister  of  the  gospel  ? 

Answer.  Yes,  sir. 

Question.  In  what  church? 

Answer.  In  the  Baptist  church. 


54  RECONSTRUCTION. 

WASHINGTON,  February  3,  1866. 

Madison  Newby  (colored)  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Have  you  any  white  blood  in  you  ? 

Answer.  No,  sir. 

Question.  Where  were  you  born  ? 

Answer.  In  Surrey  county,  Virginia. 

Question.  How  old  are  you? 

Answer.  Thirty-three. 

Question.  Can  you  read  and  write  ? 

Answer.  I  cannot  write  ;  I  can  read  a  little. 

Question.  Can  you  read  the  Testament  ? 

Answer.  A  little. 

Question.  Have  you  a  family  ? 

Answer.  Yes,  sir. 

Question.  Have  you  been  a  slave  before  the  war  ? 

Answer.  No,  sir ;  I  never  was  a  slave. 

Question.  How  do  the  rebel  white  people  treat  you  since  the  war  ? 

Answer.  They  do  not  allow  me  to  go  where  I  came  from,  except  I  steal  in  there. 

Question.  Why  not?  * 

Answer.  They  say  I  am  a  Yankee.  I  have  been  there,  but  was  driven  away  twice ;  they 
said  I  would  not  be  allowed  to  stay  there,  and  I  had  better  get  away  as  quick  as  possible.  I 
had  gone  down  to  look  after  my  land. 

Question.  Do  you  own  land  there  ? 

Answer.  Yes. 

Question.  How  much? 

Answer.  One  hundred  and  fifty  acres. 

Question.  Did  you  pay  for  it  ? 

Answer.  Yes. 

Question.  Do  you  stand  in  fear  of  the  rebel  white  men  ? 

Answer.  Yes,  sir,  I  do.  If  all  the  Union  men  that  are  down  there  would  protect  us  we 
would  not  be  so  much  afraid.  I  went  down  there  to  pay  my  taxes  upon  my  laud,  but  I 
could  not  see  any  person  to  pay  them  to ;  I  didn't  want  to  pay  any  but  the  United  States  gov 
ernment  ;  and  finally,  they  told  nie  at  the  court-house  that  1  had  better  let  it  alone  until  I 
could  see  further  about  it. 

Question.  What  is  your  land  worth  ? 

Answer.  I  gave  $700  for  it. 

Question.  Is  there  a  house  on  it  ? 

Answer.  Yes. 

Question.  Do  the  colored  people  down  there  love  to  work  ? 

Answer.  They  work  if  they  can  get  anything  for  it ;  but  the  rebel  people  down  there  who 
have  got  lands  will  not  let  the  colored  people  work  unless  they  work  for  their  prices,  and 
they  drive  them  away.  They  expect  colored  people  down  there  to  work  for  ten  or  eighteen 
cents  a  day.  Six  or  eight  dollars  a  month  is  the  highest  a  colored  man  can  get ;  of  course 
he  gets  his  board,  but  he  may  have  a  family  of  six  to  support  on  these  wages,  and  of  course 
he  cannot  do  it. 

Question.  How  do  you  get  your  living? 

Answer.  I  am  living  in  Norfolk  at  present.  I  piloted  the  Union  forces  there  when  they 
first  came  to  Surrey ;  and  afterwards  the  rebels  would  not  let  me  go  back. 

Question.  Were  you  impressed  by  the  Union  forces,  or  did  you  voluntarily  act  as  a  guide  ? 

Answer.  I  was  impressed.  I  told  the  Union  forces  when  they  came  that  unless  they  were 
willing  to  protect  me  I  did  not  want  them  to  take  me  away,  because  my  living  was  there  ; 
and  they  promised  they  would  see  to  me. 

Question.  Did  they  pay  you  for  your  services? 

Answer.  No,  sir. 

Question.  They  gave  you  enough  to  eat  and  drink  ? 

Answer.  They  gave  me  plenty  to  eat  when  I  was  travelling,  but  nothing  to  drink  except 
water. 

Question.  Now  that  the  blacks  are  made  free,  will  they  not,  if  left  to  themselves  without 
the  protection  of  the  whites,  become  strollers  and  rovers  about  the  country  and  live  in  idle 
ness,  and  pilfer  and  misbehave  generally  ? 

Answer.  No,  sir. 

Question.  WhyNaot? 

Answer.  Because  they  have  all  been  used  to  work,  and  will  work  if  they  can  get  anything 
to  do. 

Question.  Do  they  not  want  to  go  away  from  the  old  places  where  they  have  been  accustomed 
to  live  and  go  off  west  somewhere  ? 

Answer.  No,  sir ;  we  want  to  stay  in  our  old  neighborhoods,  but  those  of  us  who  have  gone 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  55 

away  are  not  allowed  to  go  back.  In  Surrey  county  they  are  taking  the  colored  people  and 
tying  them  up  by  the  thumbs  if  they  do  not  agree  to  work  for  six  dollars  a  month ;  they  tie 
them  up  until  they  agree  to  work  for  that  price,  and  then  they  make  them  put  their  mark  to 
a  contract. 

Question.  Did  you  ever  see  a  case  of  that  kind  ? 

Answer.  Yes,  sir,  I  did. 

Question.  How  many  cases  of  that  kind  have  you  ever  seen  ? 

Answer.  Only  one ;  I  have  heard  of  several  such,  but  I  have  only  seen  one. 

Question.  What  is  the  mode  of  tying  up  by  the  thumbs  ? 

Answer.  They  have  a  string  tied  around  the  thumbs  just  strong  enough  to  hold  a  man's 
weight,  so  that  his  toes  just  touch  the  ground ;  and  they  keep  the  man  in  that  position  until  he 
agrees  to  do  what  they  say.  A  man  cannot  endure  it  long. 

Question.  What  other  bad  treatment  do  they  practice  on  the  blacks  ?  do  they  whip  them  ? 

Answer.  Yes,  sir;  just  as  they  did  before  the  war;  I  see  no  difference. 

Question.  Have  you  seen  them  whipped  since  the  war? 

Answer.  Several  times. 

Question.  By  their  old  masters  7 

Answer.  By  the  old  people  around  the  neighborhood ;  the  old  masters  get  other  people  to 
do  it. 

Question.  Do  they  whip  them  just  as  much  as  they  did  before  the  war  ? 

Answer.  Just  the  same ;  I  do  not  see  any  alteration  in  that.  There  are  no  colored  schools 
down  in  Surrey  county ;  they  would  kill  any  one  who  would  go  down  there  and  establish 
colored  schools.  There  have  been  no  meetings  or  anything  of  that  kind.  They  patrol  our 
houses  just  as  formerly. 

Question.  What  do  you  mean  by  patrolling  your  houses? 

Answer.  A  party  of  twelve  or  fifteen  men  go  around  at  night  searching  the  houses  of 
colored  people,  turning  them  out  and  beating  them.  I  was  sent  here  as  a  delegate  to  find 
out  whether  the  colored  people  down  there  cannot  have  protection.  They  are  willing  to  work 
for  a  living ;  all  they  want  is  some  protection  and  to  know  what  their  rights  are  ;  they  do 
not  know  their  rights ;  they  do  not  know  whether  they  are  free  or  not,  there  are  so  many 
different  stories  told  them. 

Question.  Where  did  you  learn  to  read  ? 

Answer.  I  first  picked  up  a  word  from  one  and  then  from  another. 

Question.  Have  you  ever  been  at  school  ? 

Answer.  Never  in  my  life. 

Question.  Are  the  black  people  there  anxious  for  education  and  to  go  to  school  ? 

Answer.  Generally  they  are ;  but  down  in  my  neighborhood  they  are  afraid  to  be  caught 
with  a  book. 


WASHINGTON,  February  3,  1866. 
Richard  R.  Hill  (colored)  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  live  ? 

Answer.  Hampton,  Virginia. 

Question.  That  is  where  President  Tyler  used  to  live  ? 

Answer.  Yes,  sir. 

Question.  Did  you  know  him  ? 

Answer.  Yes,  I  knew  him  pretty  well. 

Question.  Can  you  read  and  write  ? 

Answer.  Yes,  sir. 

Question.  How  old  are  you  ? 

Answer.  About  thirty-four  years. 

Question.  Were  you  ever  a  slave  ? 

Answer.  Yes,  sir. 

Question.  When  did  you  become  free  ? 

Answer.  When  the  proclamation  was  issued.     I  left  Richmond  in  1863. 

Question.  Did  you  serve  in  the  rebel  army  ? 

Answer.  No,  sir. 

Question.  Or  in  the  Union  army  ? 

Answer.  No,  sir. 

Question.  How  do  the  rebels  down  there,  about  Hampton,  treat  the  colored  people  ? 

Answer.  The  returned  rebels  express  a  desire  to  get  along  in  peace  if  they  can.  There 
have  been  a  few  outrages  out  upon  the  roadside  there.  One  of  the  returned  Union  colored 
soldiers  was  met  out  there  and  beaten  very  much. 

Question.  By  whom  was  he  beaten  ? 

Answer.  It  was  said  they  were  rebels ;  they  had  on  Union  overcoats,  but  they  were  not 


56  RECONSTRUCTION. 

United  States  soldiers.  Occasionally  we  hear  of  an  outrage  of  that  kind,  but  there  are  none 
in  the  little  village  where  I  live. 

Question.  What  appears  to  be  the  feeling  generally  of  the  returned  rebels  towards  the 
freed m en  ;  is  it  kind  or  unkind? 

Answer.  Well,  the  feeling  that  they  manifest  as  a  general  thing  is  kind,  so  far  as  I  have 
heard* 

Question.  Are  they  willing  to  pay  the  freedmen  fair  wages  for  their  work  ? 

Answer.  No,  sir;  they  are  not  willing  to  pay  the  freedmen  more  than  from  five  to  eight 
dollars  a  month. 

Question.  Do  you  think  that  their  labor  is  worth  more  than  that  generally? 

Answer.  I  do,  sir ;  because,  just  at  this  time,  everything  is  very  dear,  and  I  do  not  see 
how  people  can  live  and  support  their  families  on  those  wages. 

Question.  State  whether  the  black  people  down  there  are  anxious.to  go  to  school  ? 

Answer.  Yes,  sir;  they  are  anxious  to  go  to  school ;  we  have  schools  there  everyday  that 
are  very  well  filled  ;  and  we  have  night  schools  that  are  very  well  attended,  both  by  children 
and  aged  people ;  they  manifest  a  great  desire  for  education. 

Question.  Who  are  the  teachers ;  white  or  black? 

Answer.  White,  sir. 

Question.  How  are  the  white  teachers  treated  by  the  rebels  down  there  ? 

Answer.  I  guess  they  are  not  treated  very  well,  because  they  have  very  little  communica 
tion  between  each  other.  I  have  not  heard  of  any  threatening  expression  in  regard  to  them. 

Question.  Did  you  ever  hear  any  threats  among  the  whites  to  reduce  your  race  to  slavery 
again? 

Answer.  They  have  said,  and  it  seems  to  be  a  prevalent  idea,  that  if  their  representatives 
were  received  in  Congress  the  condition  of  the  freedmen  would  be  very  little  better  than  that 
of  the  slaves,  and  that  their  old  laws  would  still  exist  by  which  they  would  reduce  them  to 
something  like  bondage.  That  has  been  expressed  by  a  great  many  of  them. 

Question.  What  has  become  of  your  former  master? 

Answer.  He  is  in  Williamsburg. 

Question.  Have  you  seen  him  since  the  proclamation? 

Answer.  Yes,  sir. 

Question.  Did  he  want  you  to  go  back  and  live  with  him? 

Answer.  No,  sir;  he  did  not  ask  me  to  go  back,  but  he  was  inquiring  of  me  about  another 
of  his  slaves,  who  was  with  him  at  the  evacuation  of  Williamsburg  by  the  rebels. 

Question.  How  do  you  feel  about  leaving  the  State  of  Virginia  and  going  off  and  residing 
as  a  community  somewhere  else? 

Answer.  They  do  not  wish  to  leave  and  go  anywhere  else  unless  they  are  certain  that  th? 
locality  where  they  are  going  is  healthy  and  that  they  can  get  along. 

Question.  Are  they  not  willing  to  be  sent  back  to  Africa  ? 

Answer.  No,  sir. 

Question.  Why  not? 

Answer.  They  say  that  they  have  lived  here  all  their  days,  and  there  were  stringent  laws 
made  to  keep  them  here;  and  that  if  they  could  live  here  contented  as  slaves,  they  can  live 
here  when  free. 

Question.  Do  you  not  think  that  to  be  a  very  absurd  notion  ? 

Answer.  No,  sir;  if  we  can  get  lands  here  and  can  work  and  support  ourselves,  I  do  not 
see  why  we  should  go  to  any  place  that  we  do  not  want  to  go  to. 

Question.  If  you  should  stay  here,  is  there  not  danger  that  the  whites  and  blacks  would 
intermarry  and  amalgamate? 

Answer.  I  do  not  think  there  is  any  more  danger  now  than  there  was  when  slavery  existed. 
At  that  time  there  was  a  good  deal  of  amalgamation. 

Question.  Amalgamation  in  Virginia? 

Answer.  There  was  no  actual  marrying,  but  there  was  an  intermixture  to  a  great  extent. 
We  see  it  very  plainly.  I  do  not  think  that  that  troubles  the  colored  race  at  all. 

Question.  But  you  do  not  think  that  a  Virginia  white  man  would  have  connexion  with  a 
black  woman? 

Answer.  I  do,  sir;  I  not  only  think  so,  but  I  know  it  from  past  experience.  It  was  nothing 
but  the  stringent  laws  of  the  south  that  kept  many  a  white  man  from  marrying  a  black  woman. 

Question.  It  would  be  looked  upon  as  a  very  wicked  state  of  things,  would  it  not,  for  a 
white  man  to  marry  a  black  woman/ 

Answer.  I  will  state  to  you  as  a  white  lady  stated  to  a  gentleman  down  in  Hampton,  that 
if  she  felt  disposed  to  fall  in  love  with  or  marry  a  black  man,  it  was  nobody's  business  but 
hers ;  and  so  I  suppose  that  if  the  colored  race  get  all  their  rights,  and  particularly  their 
equal  rights  before  the  law,  it  would  not  him  the  nation  or  trouble  the  nation. 

Question.  In  such  a  case  do  you  think  the  blacks  would  have  a  strong  inclination  to  unite 
with  the  whites  in  marriage  ? 

Answer.  No,  sir;  I  do  not.  I  do  not  think  that  the  blacks  would  have  so  strong  an  incli 
nation  to  unite  with  the  whites  as  the  whites  would  have  to  unite  with  the  blacks. 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  57 


WASHINGTON,  D.  C.,  February  3,  1866. 
Alexander  Dunlop  (colored)  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  How  old  are  you? 

Answer.  Forty-eight  years. 

Question.  Where  do  you  reside  ? 

Answer.  In  Williainsburg,  Virginia.     I  was  born  there. 

Question.  Have  you  ever  been  a  slave  ? 

Answer.  Never,  sir. 

Question.  Are  you  able  to  read  and  write  ? 

Answer.  No,  sir;  I  can  read  some.     That  was  not  allowed  me  there. 

Question.  Can  you  read  the  Bible? 

Answer.  Yes,  sir. 

Question.  Do  you  belong  to  a  church? 

Answer.  Yes ;  I  belong  to  the  First  Baptist  church  of  Williamsburg.  I  am  one  of  the 
leading  men  and  trustees. 

Question.  About  how  many  are  included  in  the  church? 

Answer.  Our  minutes  show  seven  hundred  and  thirty-six. 

Question.  Do  you  own  the  church  building? 

Answer.  We  do. 

Question.  Are  you  a  delegate  to  the  President  of  the  United  States  ? 

Answer.  Yes,  sir ;  I  was  sent  by  my  people  convened  at  a  large  mass  meeting. 

Question.  For  what  purpose? 

Answer.  My  purpose  was  to  let  the  government  know  our  situation,  and  what  we  desire 
the  government  to  do  for  us  if  it  can  do  it.  We  feel  down  there  without  any  protection. 

Question.  Do  you  feel  any  danger? 

Answer.  We  do. 

Question.  Danger  of  what  ? 

Answer.  We  feel  in  danger  of  our  lives,  of  our  property,  and  of  everything  else. 

Question.  Why  do  you  feel  so? 

Answer.  From  the  spirit  which  we  see  existing  there  every  day  toward  us  as  freedmen. 

Question.  On  the  part  of  whom  ? 

Answer.  On  the  part  of  the  rebels.  I  have  a  great  chance  to  find  out  these  people.  I 
have  been  with  them  before  the  war.  They  used  to  look  upon  me  as  one  of  the  leading  men 
there.  I  have  suffered  in  this  war ;  I  wTas  driven  away  from  my  place  by  Wise's  raid ; 
and  so  far  as  I,  myself,  am  concerned,  I  do  not  feel  safe ;  and  if  the  military  were  removed 
from  there  I  would  not  stay  in  \Villiamsburg  one  hour,  although  what  little  property  I  pos 
sess  is  there. 

Question.  In  case  of  the  removal  of  the  military,  what  would  you  anticipate  ? 

Answer.  Nothing  shorter  than  death  ;  that  has  been  promised  to  me  by  the  rebels. 

Question.  Do  they  entertain  a  similar  feeling  toward  all  the  freedmen  there? 

Answer.  I  believe,  sir,  that  that  is  a  general  feeling.  I  ask  them,  sometimes,  "Why  is 
it  ?  we  have  done  .you  no  harm."  "  Well,"  they  say,  "  the  Yankees  freed  you,  and  now  let 
the  Yankees  take  care  of  you:  we  want  to  have  nothing  to  do  with  you."  I  say  to  them, 
"  You  have  always  been  making  laws  to  keep  us  here,  and  now  you  want  to  drive  us  away — 
for  what?"  They  say,  "We  want  to  bring  foreign  immigration  here,  and  drive  every 
scoundrel  of  you  away  from  here."  I  tell  them  that  I  was  born  in  Virginia,  and  that  I  am 
going  to  die  in  Virginia.  "There  is  but  one  thing  that  will  make  me  leave  Virginia,"  I  say, 
"  and  that  is,  for  the  government  to  withdraw  the  military  and  leave  me  in  your  hands ;  when 
it  does  that,  I  will  go." 

Question.  Has  your  property  been  destroyed  by  the  rebels  ? 

Answer.  I  had  not  much,  except  my  blacksmith's  shop.  I  carried  on  a  large  business 
there.  The  rebels  and  the  northern  men  destroyed  everything  I  had  ;  what  the  one  did  not 
take,  the  other  did  ;  they  did  not  leave  me  even  a  hammer. 

Question.  Have  you  a  family  ? 

Answer.  Yes,  sir ;  a  wife,  but  no  children ;  I  bought  my  wife. 

Question.  How  much  did  you  give  for  her  ? 

Answer.  I  gave  four  hundred  and  fifty  dollars  for  my  wife,  and  seven  hundred  dollars  for 
my  wife's  sister.  After  I  bought  my  wife,  they  would  not  let  me  set  her  free.  I  paid  the 
money,  and  got  the  bill  of  sale. 

Question.  What  hindered  her  being  free? 

Answer.  It  was  the  law,  they  said.     She  had  to  stand  as  my  slave. 

Question.  How  extensive  is  this  feeling  of  danger  on  the  part  of  colored  people  there  ? 

Answer.  I  believe,  sincerely,  that  it  is  the  general  feeling. 

Question.  Did  you  ever  see  a  black  rebel,  or  hear  of  one  ? 

Answer.  I  must  be  honest  about  that.  I  believe  that  we  have  had  some  as  big  rebel  black 
men  as  ever  were  white. 

Question.  Many? 


58  RECONSTRUCTION. 

Answer.  No,  sir;  they  are  "few  and  far  between;"  but  I  believe  that  any  man  who, 
through  this  great  trouble  that  we  have  had,  would  do  anything  to  stop  the  progress  of  the 
Union  army,  was  a  rebel.  When  Wise  made  his  raid  into  Williamsburg,  I  just  had  time  to 
leave  my  house  and  make  my  escape.  They  broke  up  everything  I  had  ;  they  took  their 
bayonets  and  tore  my  beds  all  to  pieces.  All  they  wanted  was  Aleck  Dunlop  ;  they  wanted 
to  hang  him  before  his  own  door.  One  day,  since  the  fall  of  Richmond,  I  met  General 
Henry  A.  Wise  at  Norfolk.  He  spoke  to  me,  and  asked  me  how  I  was.  I  said,  "I  am 
doing  a  little  better  than  could  be  expected."  Said  he,  "  Why  ?"  Said  I,  "  Them  devils  of 
yours  did  not  catch  me ;  I  was  too  smart  for  them  that  morning."  "Do  you  think,"  said  he, 
"they  would  have  hurt  you ?  "  " No,"  said  I,  " I  don't  think  so,  but  I  know  it ;  they  had 
orders  to  hang  me." 

Question.  Did  Wise  admit  it  ? 

Answer.  He  did  not  say  so ;  but  he  turned  and  went  off.  The  day  that  Wise's  men  were 
there,  my  wife  asked  them  what  had  I  done  that  they  wanted  to  hang  me  in  preference  to 
anybody  else?  They  said  it  was  because  I  was  a  Union  man.  1  had  worked  for  the 
rebels  from  the  time  the  war  broke  out  until  General  McClellan  moved  up ;  and  then  they 
concocted  a  scheme  to  get  me  to  Richmond ;  but  when  I  saw  the  wagon  coming  for  me,  I 
went  off  in  the  opposite  direction.  When  General  Hooker  and  General  Kearney  came  there, 
they  sent  for  me,  within  three  hours  of  their  arrival,  and  asked  me  about  the  country, 
and  what  I  knew.  I  gave  them  all  the  information  I  could ;  that,  through  a  colored  friend, 
got  to  the  secessionists  and  imbittered  them  against  me.  The  next  Union  officer  who  came 
there  was  Colonel  Campbell,  of  the  5th  Pennsylvania  cavalry ;  and  I  believe  he  was  as 
great  a  rebel  as  Jeff.  Davis.  He  was  governor  there  for  a  long  time.  They  captused  him, 
and  carried  him  to  Richmond. 

Question.  The  rebels  never  caught  you  ? 

Answer.  They  have  never  caught  me  yet. 

Question.  How  do  the  black  people  down  there  feel  about  education? 

Answer.  They  want  it,  and  they  have  a  desire  to  get  it ;  but  the  rebels  use  every  exertion 
to  keep  teachers  from  them.  WTe  have  got  two  white  teachers  in  Williamsburg,  and  have 
got  to  put  them  in  a  room  over  a  colored  family. 

Question.  Do  the  black  people  contribute  liberally  to  the  support  of  their  own  schools  ? 

Answer.  They  are  not  able,  sir.  The  rebels  made  many  raids  there,  and  destroyed  every 
thing  they  could  get  their  hands  on  belonging  to  colored  people — beds  and  clothing. 


WASHINGTON,  February  3,  1866. 

Thomas  Bain  (colored)  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Norfolk,  Virginia. 

Question.  How  old  are  you  ? 

Answer.  I  think  about  forty. 

Question.  Have  you  ever  been  a  slave  ? 

Answer.  Yes. 

Question.  When  were  you  made  free  ? 

Answer.  When  emancipation  came,  I  was  in  Massachusetts  ;  I  had  got  there  on  the  under 
ground  railroad.  I  went  back  to  Virginia  after  the  proclamation,  and  sent  my  child  away  to 
Massachusetts ;  I  have  been  down  there  ever  since. 

Question.  Can  you  read  and  write? 

Answer.  Yes,  sir. 

Question.  Can  you  write  a  letter  on  business  ? 

Answer.  Yes,  sir. 

Question.  Can  you  read  the  Bible  ? 

Answer.  Yes,  sir. 

Question.  And  newspapers? 

Answer.  Yes,  sir ;  I  subscribe  to  newspapers. 

Question.  What  is  your  business? 

Answer.  Dentist. 

Question.  Did  you  ever  start  to  be  a  dentist  ? 

Answer.  Yes,  sir ;  I  was  raised  in  the  business. 

Question.  Where? 

Answer.  In  Norfolk.    I  spent  ten  years  at  it  in  Norfolk,  and  ten  years  in  Massachusetts. 

Question.  Have  you  a  family  ? 

Answer.  My  wife  died  some  time  after  I  was  married  ;  I  have  one  child — a  daughter. 

Question.  Are  you  here  as  a  delegate  from  the  colored  people  of  Norfolk  ? 

Answer.  Yes,  sir. 

Question.  To  make  representations  to  the  President  ? 


VIRGINIA — NORTH    CAROLINA SOUTH   CAROLINA.  59 

Answer.  Yes,  sir. 

Question.  Have  you  had  an  interview  with  him  ? 

Answer.  No,  sir. 

Question.  What  is  the  feeling  on  the  part  of  white  rebels  at  Norfolk  towards  the  colored 
people  ? 

Answer.  Their  feelings  are  very  hard — terrible.  I  have  had  a  chance  to  travel  around 
some,  preaching. 

Question.  Do  you  preach  ? 

Answer.  Yes,  sir;  I  am  a  volunteer  missionary — a  self-sustaining  one.  The  church,  under 
whose  auspices  I  act,  is  not  taxed  for  my  services ;  neither  are  the  people ;  I  make  my  prac 
tice  as  I  go  along;  just  enough  to  support  me;  I  can  reach  most  of  them  in  that  way; 
I  have  a  permanent  office ;  and  then  I  travel  about  the  State  and  preach. 

Question.  To  what  denomination  do  you  belong  ? 

Answer.  The  Wesleyan  Methodist. 

Question.  You  preach  to  the  colored  people  ? 

Answer.  Yes;  I  have  had  occasion,  of  course,  to  visit  a  great  many. 

Question.  How  are  the  black  people  treated  in  Virginia  by  the  whites  since  the  close  of 
hostilities  ? 

Answer.  The  only  hope  the  colored  people  have  is  in  Uncle  Sam's  bayonets ;  without 
them,  they  would  not  feel  any  security;  and  what  is  true  of  the  colored  people  in  that  re 
spect,  is  also  true  of  the  Union  men ;  the  secessionists  do  not  seem  to  discriminate  between 
them  ;  they  do  not  seem  to  care  whether  a  northern  man  is  with  us  or  not  with  us ;  if  he  is  a 
Yankee,  that  is  enough ;  they  hardly  wait  to  examine  what  his  views  are ;  it  is  not  uncom 
mon  to  hear  such  threats  as  this:  "We  will  kill  one  negro,  at  least,  for  every  rebel  soldier 
killed  by  them." 

Question.  Did  you,  yourself,  ever  hear  such  a  threat  as  that  made  ? 

Answer.  I  have  heard  it  at  night,  in  the  streets  of  Norfolk.  (Witness  related  some  inci 
dents  going  to  show  how  much  afraid  the  colored  people  there  are  of  ill  treatment  from  the 
whites. )  Last  June  there  was  a  threat  by  a  white  citizen  of  Norfolk  to  get  up  a  riot. 

Question.  Did  he  get  one  up  ? 

Answer.  Yes ;  they  got  one  up. 

Question.  What  did  it  result  in? 

Answer.  It  resulted  in  three  colored  men  being  shot.  One  white  man  got  shot  through 
the  shoulder;  had  his  arm  amputated,  and  died.  It  was  got  up  to  attack  the  colored  people, 
and  clear  all  the  negroes  out  of  the  city. 

Question.  Are  the  colored  people  whipped  now  as  they  used  to  be  ? 

Answer.  Not  in  my  vicinity ;  I  only  hear  reports  of  that. 

Question.  Have  you  heard  of  cases  of  whipping  by  white  men  ? 

Answer.  Yes,  sir. 

Question.  During  the  summer  ? 

Answer.  Yes,  sir. 

Question.  Many  cases  ? 

Answer.  Yes,  sir ;  and  it  is  not  so  much  that  the  colored  people  are  afraid  of  the  white 
people,  as  it  is  that  they  are  a  law-abiding  people. 

Question.  Do  they  submit  to  be  whipped  ? 

Answer.  They  do,  in  places  near  where  there  are  military  men.  They,  fool  the  colored 
people  into  believing  that  the  military  ordered  them  to  be  whipped;  they  do  not  want  to 
resist  the  government. 

Question.  Are  the  black  people  down  there  fond  of  education  ? 

Answer.  I  think  that  they  are  excelled  by  no  people  in  an  eagerness  to  learn. 


WASHINGTON,  February  3,  1866. 
Edmund  Parsons  (colored)  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  How  old  are  you? 

Answer.  A  little  over  fifty. 

Question.  Where  do  you  reside  ? 

Answer.  In  Williamsburg,  Virginia. 

Question.  Can  you  read  and  write  ? 

Answer.  I  can  read  a  little.  I  have  been  a  regular  house-servant,  and  I  had  a  chance  to 
turn  my  attention  to  it. 

Question.  Have  you  ever  been  a  slave  ? 

Answer.  Yes,  sir.  I  have  been  a  slave  from  my  childhood  up  to  the  time  I  was  set  free 
by  the  emancipation  proclamation. 

Question.  How  do  the  black  people  in  your  neighborhood  feel  toward  the  rebels  ? 


60  RECONSTRUCTION. 

Answer.  I  did  think  myself  always  secure  with  the  whites  ;  but  it  is  very  different  now 
sir,  very  different. 

Question.  Do  you  stand  in  fear  of  them  ? 

Answer.  Yes,  sir. 

Question.  What  have  you  to  be  afraid  of? 

Answer.  When  the  Union  forces  came  there  first  a  good  many  officers  became  attached 
to  me  and  my  wife,  and  we  felt  perfectly  secure ;  but  now  the  rebels  use  the  officers  that  are 
there  "to  pull  the  chestnuts  out  of  the  fire." 

Question.  Have  you  heard  threats  of  violence  by  white  rebels  against  the  blacks  ? 

Answer.  Yes. 

Question.  What  do  they  threaten  to  do  ? 

Answer.  They  threaten  to  do  everything  they  can.  My  wife  died  about  a  year  ago.  I 
had  a  house,  where  I  had  been  living  for  twenty  years.  A  lawyer  there  went  and  got  the 
provost  marshal  to  send  a  guard  and  put  me  out  of  my  house.  They  broke  my  things  up, 
and  pitched  them  out,  and  stole  a  part  of  .them. 

Question.  The  Union  guard  ? 

Answer.  Yes,  sir  ;  it  is  a  positive  fact.  They  put  me  out  of  my  own  house.  That  was 
January,  1865. 

Question.  What  was  the  pretext  for  putting  you  out  ? 

Answer.  My  wife  had  been  left  free.  She  had  a  half-sister  and  a  half-brother  ;  and  they 
pretended  to  be  owners  of  the  property  where  I  had  been  living  all  my  lifetime. 

Question.  Who  was  the  provost  marshal? 

Answer.  Reynolds. 

Question.  Do  the  returned  rebels  threaten  to  commit  violence  on  the  colored  people  there  ? 

Answer.  I  can  hear  people  complaining  of  that ;  but  I  have  really  been  so  mortified  at  the 
bad  treatment  I  received,  that  I  have  not  paid  much  attention. 

Question.  How  do  the  colored  people  feel  in  regard  to  education  ? 

Answer.  They  are  very  anxious  to  get  education,  and  feel  grateful  for  it. 

Question.  Are  you  a  member  of  a  church  ? 

Answer.  Yes,  sir.  I  have  been  deacon  of  the  Baptist  church  for  years.  It  is  pretty  much 
my  living. 

Question.  Are  you  willing  to  go  away  and  leave  old  Virginia  ? 

Answer.  No,  sir. 

Question.  Why  not  ? 

Answer.  I  would  rather  stay  in  Virginia. 


WASHINGTON,  February  6,  1866. 
D.  B.  White  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Of  what  State  are  you  a  native  ? 

Answer.  Of  the  State  of  New  York. 

Question.    Are'  you  in  the  public  employment  now  ? 

Answer.  I  am  not. 

Question.    Have  you  been  ? 

Answer.  Yes,  sir. 

Question.    In  what  capacity  ? 

Answer.  I  have  been  an  officer  in  the  army  for  nearly  four  years. 

Question.  What  commission  did  you  hold  ? 

Answer.  I  held  the  commissions  of  captain,  major,  lieutenant  colonel,  and  colonel. 

Question.  In  what  States  have  you  passed  the  most  of  your  time  during  that  period  ? 

Answer.  In  the  States  of  Virginia,  North  Carolina  and  South  Carolina. 

Question.  State  whether  you  have  had  command  of  troops  there. 

Answer.  Yes,  sir.  I  had  command  of  a  regiment  a  portion  of  the  time.  The  best  oppor 
tunity  I  had  to  observe  the  state  of  things  in  the  country  was  in  the  winter  of  1863,  when  I 
spent  most  of  the  time  south  of  Norfolk,  on  the  line  between  Virginia  and  North  Carolina, 
and  went  out  on  scouting  parties  through  Cainden  and  Currituck  counties. 

Question.  Have  you  been  situated  since  the  close  of  the  war  so  as  to  acquaint  yourself 
with  the  condition  of  things  in  those  counties  ? 

Answer.  Since  the  close  of  the  war  I  have  been  more  particularly  acquainted  in  Virginia. 

Question.  Have  you  been  stationed  in  Richmond  ? 

Answer.  Yes,  sir  ;  I  have  been  stationed  near  Richmond,  at  Manchester,  and  at  Williams- 
burg,  Newport  News,  and  at  Hampton,  after  the  war. 

Question.  While  thus  stationed  did  you  mingle  freely  with  the  people  in  Virginia? 

Answer.  Yes,  sir.  I  had  considerable  opportunities.  As  our  regiment  was  isolated  at 
times  from  other  troops,  we  were  brought  in  contact  very  much  with  the  citizens. 

Question.  How  long  did  you  thus  remain  in  command  in  Virginia  ? 


VIRGINIA — NORTH   CAROLINA SOUTH  CAROLINA.  61 

Answer.  From  the  3d  of  April,  when  Richmond  was  taken,  until  the  31st  of  August,  when 
I  was  mustered  out. 

Question.  You  then  left  the  State,  I  suppose  ? 

Answer.  I  am  living  in  the  State  now,  at  Hampton.  My  family  moved  there,  and  that  is 
my  residence. 

Question.  When  did  you  go  to  live  at  Hampton  1 

Answer.  About  the  5th  of  October,  1865. 

Question.  Are  you  well  acquainted  with  the  feeling  of  the  rebel  people  of  Virginia  towards 
the  federal  government  and  towards  the  loyal  people  ? 

Answer.  Yes,  sir ;  I  have  had  quite  an  opportunity  of  becoming  acquainted,  and  I  have 
some  knowledge  of  the  facts. 

Question.  What  is  that  feeling,  so  far  as  you  know  ? 

Answer.  So  far  as  I  have  been  able  to  learn,  it  is  very  bitter.  The  feeling  is  not  only 
bitter,  but  frequent  manifestations  of  hostility  are  made.  I  would  not  be  understood  as  say 
ing  that  I  have  seen  any  manifestations  of  a  desire  to  take  up  arms. 

Question.  Has  that  feeling  exhibited  itself  in  scenes  of  violence  ? 

Answer.  Yes,  sir. 

Question.  State  any  incident  that  may  have  come  under  your  observation. 

Answer.  The  first  incident  that  comes  to  my  mind  is  this  :  A  man  near  Richmond,  after 
the  closeof  the  war,  in  my  presence  and  in  the  presence  of  one  or  two  officers  of  my  regiment, 
declared  his  intention  ever  to  resist  the  government  of  the  United  States  whenever  an  oppor 
tunity  presented  itself. 

Question.  Had  this  man  been  a  rebel  officer  ? 

Answer.  He  had  been  connected  with  the  rebel  service  in  some  way,  I  am  not  positive 
that  he  was  an  officer.  I  rather  think,  upon  second  thought,  he  was. 

Question.  State  whether  you  have  heard  the  like  declaration  from  any  other  persons  of 
condition  and  influence  in  Virginia. 

Answer.  The  person  who  is  now  deputy  sheriff  of  Elizabeth  City  county,  residing  at 
Hampton,  expressed  his  wish  to  organize  what  he  could  of  the  remaining  forces  of  Virginia, 
or  the  people  of  the  community,  to  drive  out  of  that  part  of  the  country  every  Union  man, 
whether  of  the  south  or  of  the  north.  He  made  some  considerable  threats. 

Question.  Was  this  in  your  hearing  ? 

Answer.  No,  sir ;  but  it  came  to  me  by  the  best  of  evidence.  I  was  one  day  crossing 
Hampton  roads  in  a  steamboat,  when  I  overheard  a  conversation  between  two  persons 
whom  I  judged  to  be  southerners  from  their  appearance  and  style,  and  their  manner  of  talk, 
and  from  the  subject  on  which  they  talked.  They  talked  very  bitterly,  and  expressed  them 
selves  with  a  great  deal  of  vehemence,  not  only  towards  me  but  towards  all  the  Union  peo 
ple.  The  conversation  commenced  upon  Yankees,  as  they  termed  them,  who  came  from 
the  north ;  and  then  they  spoke  about  all  the  Union  people.  They  said  that  those  who  had 
been  unfaithful  to  the  State  ought  to  be  treated  in  a  similar  manner. 

Question.  What  kind  of  treatment  had  they  been  speaking  of? 

Answer.  They  had  been  speaking  of  myself  personally,  about  throwing  me  overboard,  and 
speaking  of  my  Union  sentiments. 

Question.  Had  they  been  threatening  to  throw  you  overboard  ? 

Answer.  They  did  not  threaten  me,  but  made  the  remark  that  I  should  be  thrown  over 
board  ;  they  made  the  remark  that  such  a  man  ought  to  be  hung.  I  am  publishing  a  Union 
newspaper  at  Hampton.  These  two  individuals  were  talking  together  and  I  overheard  them. 
I  did  not  pretend  to  notice  it,  because  it  might  lead  to  a  difficulty,  which  I  wished  to  avoid. 
The  colored  people  are  often  assailed  and  treated  badly  by  that  class  of  persons,  and,  but  for 
the  Freedmen's  Bureau,  I  think  they  would  have  no  protection  at  all. 

Question.  Suppose  the  protection  of  the  Freedmen's  Bureau  was  withdrawn,  and  the  Union 
troops  were  withdrawn,  what  would  be  the  treatment  of  the  whites  towards  the  freed  blacks  ? 

Answer.  In  my  candid  opinion,  the  condition  of  the  blacks  would  be  worse  than  slavery. 
That  may-seem  an  extravagant  expression,  but  I  have  thought  of  it  a  good  deal.  The  op 
pression  they  would  endure  would  be  worse  than  the  former  state  of  things.  In  many  in 
stances  it  is  now.  The  protection  of  the  Freedmen's  Bureau  does  not  extend  as  generally 
throughout  the  country  as  it  is  hoped  it  will ;  and  in  some  of  these  places  where  the  bureau 
does  not  extend  these  people  are  treated  very  badly.  They  are  employed,  and,  when  their 
time  expires,  they  are  turned  off  without  clothing  or  any  remuneration,  and  very  often  the 
vagrant  laws,  as  they  are  termed,  have  been  attempted  to  be  enforced,  and  have  been  to 
some  extent,  although  I  think  the  Freedmen's  Bureau  are  looking  up  these  matters  so  as  to 
extend  protection  to  the  freedmen. 

Question.  Are  the  whites  who  employ  freedmen  in  the  habit  of  whipping  them  ? 

Answer.  There  have  been  frequent  instances  of  that.  A  few  days  before  I  left  Hampton 
I  heard  of  an  instance  of  the  kind  where  two  persons  were  whipped,  one  of  them  with  an 
unaccountable  number  of  stripes — over  a  hundred. 

Question.  What  effect  has  President  Johnson's  liberality  in  granting  pardons  and  amnes 
ties  had  upon  the  temper  of  the  rebels  where  you  have  been  1 

Answer.  It  has  never  in  my  estimation  mollified  them  in  the  least.  They  have  been  just 
as  much  imbittered  towards  the  colored  people  and  toward  the  Union  people,  both  northern 


62  RECONSTRUCTION. 

and  native  southern,  as  they  were  before.  In  fact,  as  far  as  my  observation  extends,  before 
Congress  met,  and  when  they  were  quite  sanguine  in  the  expectation  that  the  States  were 
going  to  be  admitted  to  Congress,  and  when  everything  was  moving  favorably,  they  were  ex 
ceedingly  triumphant  and  overbearing,  and  often  used  haughty  expressions  to  the  effect  that 
they  were  going  to  have  the  matters  in  their  own  hands  and  have  things  their  own  way ; 
and  they  indulged  in  threats  to  Union  men  of  the  chances  and  opportunities  they  would  have 
under  the  new  state  of  things. 

Question.  Have  you  ever  heard  among  any  influential  and  intelligent  rebels  any  conver 
sation  respecting  a  war  between  the  United  States  and  a  foreign  country,  and  what  the  rebels 
would  do  in  such  an  event  1 

Answer.  1  do  not  know  that  I  have  heard  any  such  conversation  recently. 

Question.  How  does  Governor  Peirpoint's  government  in  Virginia,  so  to  speak,  affect  the 
minds  of  the  Virginians  generally ;  do  they  like  or  dislike  it  ? 

Answer.  I  guess  that  his  administration  is  becoming  extremely  unpopular  on  all  sides. 
I  speak  of  the  Union  people.  They  are  decidedly  unfavorable  to  Governor  Peirpoint. 

Question.  What,  in  their  minds,  is  the  great  defect  in  his  administration  ? 

Answer.  They  think  he  has  been  forgetful  of  the  Union  people  and  of  the  principles  of  the 
Union,  and  that  he  has  succumbed  or  yielded  to  the  dictation  and  wishes  of  the  old  confed 
erates.  In  all  his  appointments  he  has  shown  his  partiality  to  rebels. 

Question.  Has  that  been  the  cause  of  much  discontent  among  the  loyal  people  of  Virginia? 

Answer.  It  has  been  the  cause  of  much  dissatisfaction.  There  was  a  time  when  the  Union 
people  of  the  State  of  Virginia  were  very  much  disheartened  and  discouraged,  but  recently 
they  have  been  looking  up  with  more  hope  and  a  brighter  expectation. 

Question.  Have  you  heard  anything  said  by  the  rebels  about  the  payment  of  the  war 
debt? 

Answer.  Yes,  sir  ;  I  have  in  some  instances. 

Question.  What  do  they  say  ? 

Answer.  They  speak  in  favor  of  a  repudiation  of  the  national  debt.  I  heard  one  man  say 
at  Hampton  (although  he  has  since  denied  the  interpretation  given  to  the  remark)  that  his 
expectation  was,  that  if  they  were  going  now  to  establish  the  Union  they  should  repudiate 
both  debts  or  pay  both  debts. 

Question.  Is  he  a  man  of  influence? 

Answer.  He  is  a  man  of  a  great  deal  of  influence.  He  is  a  physician,  and  is  quite  popu 
lar,  although  he  ran  for  office  and  was  defeated.  I  think  he  was  not  in  the  war,  although  I 
cannot  say  positively.  He  is  quite  an  influential  man. 

Question.  Have  you  any  reason  to  believe  that  feeling  is  very  general  in  Virginia  ? 

Answer.  Yes,  sir ;  I  think  it  is. 

Question.  Would  a  majority  of  the  people  of  Virginia  vote  to-day,  if  they  had  the  oppor 
tunity,  to  repudiate  both  debts,  or  one  debt? 

Answer.  I  think  they  would  repudiate  the  national  debt  by  a  vote,  and  a  very  strong  vote, 
too. 

Question.  And  would  there  be  a  like  vote  given  for  the  payment  of  the  rebel  war  debt  ? 

Answer.  I  do  not  think  they  would  go  so  strongly  for  that.  It  is  not  natural  to  suppose 
they  would.  But  if  they  repudiate  the  one  they  would  repudiate  both.  If  the  northern  debt 
was  paid  they  would  insist  upon  assuming  the  rebel  debt. 

Question.  How  is  it  with  the  blacks  in  Virginia ;  are  they  generally  friendly  to  the  govern 
ment  of  the  United  States  ? 

Answer.  Very.  I  never  saw  any  people  more  faithful  than  they  have  been.  They  are 
quiet  and  peaceable.  Just  before  the  holidays  there  were  a  great  many  reports  that  they 
were  getting  up  an  insurrection,  and  they  felt  very  much  aggrieved  about  it.  It  worried 
them  that  there  should  be  such  reports.  They  had  mass  meetings  in  which  they  passed  res 
olutions  and  expressed  themselves  very  strongly  upon  it,  denouncing  any  colored  people 
who  should  ever  think  or  speak  of  an  insurrection.  They  were  very  strong  in  denunciations 
of  anything  of  the  kind.  • 

Question.  State  whether  there  is  generally  a  fear  or  apprehension  of  danger  on  the  part  of 
the  freedmen  from  their  old  rebel  masters  or  from  the  whites  generally. 

Answer.  There  is,  in  some  instances,  in  Surrey  county.  There  are  some  colored  people 
living  at  Hampton  and  Newport  News  who  dare  not  go  to  Surrey  county,  although  their 
families  are  there,  and  there  are  colored  people  in  Surrey  county  who  dare  not  go  away  from 
there.  Some  have  got  away,  and  that  is  how  we  are  made  aware  of  the  facts.  They  try  to 
enforce  the  vagrant  laws  without  having  it  come  to  the  knowledge  of  the  Freedmen's  Bureau. 
Captain  Flagg  is  an  agent  of  the  Freedmen's  Bureau,  stationed  at  Norfolk.  Several  in 
stances  have  occurred  where  officers  of  the  State  attempted  to  enforce  the  vagrant  laws,  and 
sold  colored  people  for  the  coming  year — sold  them  to  service.  I  made  a  statement  to  that 
effect.  Captain  Flagg  denied  the  statement,  as  he  thought  it  could  not  be  the  case.  But 
he  afterwards  ascertained  that  the  facts  did  exist,  and  he  wrote  to  me  stating  the  circum 
stances. 

Question.  What  is  the  general  feeling  among  the  white  Virginians  in  respect  to  southern 
independence  1 

Answer.  I  am  confident  they  would  all  prefer  a  state  of  independence.    I  have  never  heard 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  63 

any  expressions  otherwise.  They  speak  of  the  Union  now  and  say,  "We  will  make  the 
best  of  it.  We  have  taken  the  oath  now,  and  must  make  the  best  of  it."  They  claim  to  be 
loyal,  but  they  express  their  regret  that  they  are  not  independent  and  could  not  succeed. 
They  speak  of  "folding-  away  the  flag  of  their  country  in  tears;"  complaining  about  the 
loyal  people  plundering  and  spoiling  and  robbing  their  country. 

Question.  How  do  they  treat,  socially,  persons  coming  from  the  north  to  settle  or  to  trans 
act  business  with  them  ? 

Answer.  So  far  as  I  have  an  opportunity  to  know,  they  are  very  indifferent  and  treat  them 
coldly.  In  Hampton  the  northern  men  who  are  doing  any  business,  so  far  as  I  know,  are 
doing  it  with  the  colored  people  and  Union  wrhites.  I  speak  of  the  loyal  whites  as  a  class, 
bat  they  are  a  very  limited  class.  Since  the  war  it  is  much  easier  to  know  who  is  a  loyal 
man  than  it  was  during  the  war,  because  the  rebels  assisted  in  drawing  the  line  of  demarca 
tion,  and  in  some  instances  they  knew  wheie  our  forces  did  not  know. 

Question.  Would  the  masses  of  white  Virginians  be  better  pleased  to  be  separated  politi 
cally  from  the  north  ? 

Answer.  I  think  they  would.  I  think  they  would  vote  by  a  very  large  majority — almost 
unanimously — to  accomplish  it,  if  they  could. 

Question.  Have  you  any  reason  to  believe  that  they  still  entertain  schemes  of  separation 
and  independence  ? 

Answer.  I  do  not  think  they  have  any  immediate  plan  of  organizing.  Yet  I  have  fre 
quently  thought,  and  so  expressed  myself  to  friends,  that  they  entertain  the  hope  now  just  as 
they  did  formerly.  In  and  about  Norfolk  the  secessionists  almost  all  have  arms.  Through 
out  the  country  they  have  arms.  When  they  go  to  market  they  put  arms  in  their  wagons. 

Question.  What  kind  of  arms  ? 

Answer.  Muskets  and  pistols.  There  are  a  great  many  muskets  scattered  throughout  the 
country. 

Question.  What  chance  has  a  northern  man  or  a  Unionist  for  justice  in  the  State  courts  of 
Virginia  ? 

Answer.  He  has  not  any  chance  at  all.  I  would  not  go  before  one  of  those  courts,  if  I 
could  avoid  it,  under  any  circumstances,  because  there  is  no  justice  there  at  all. 

Question.  When  you  say  there  is  no  chance,  do  you  mean  to  say  that  the  bias  and  ill 
feeling  on  the  part  of  court  and  jury  are-so  great  against  the  Unionists  north  and  south  that 
they  would  not  be  able  to  obtain  their  rights  ? 

^  Answer.  Yes,  sir.     The  bias  is  so  great  that  they  could  not  even  entertain  a  hope  of  get 
ting  justice  according  to  their  interpretation  of  their  own  State  laws. 

Question.  Are  northern  immigrants  welcome  among  them,  or  are  they  regarded  as  unwel 
come  visitors  ? 

Answer.  They  are  very  unwelcome ;  expressions  of  that  kind  are  very  frequent. 

Question.  In  case  a  northern  man  should  purchase  real  estate  among  them,  /would  he  be 
safe  in  the  enjoyment  of  his  property  ? 

Answer.  I  think  he  would  not.  A  man  bought  a  farm  near  Hampton  under  a  confiscation 
sale  ;  he  was  down  at  Hampton  a  month  or  so  ago ;  two  of  his  neighbors  came  in  who  had 
had  a  claim  upon  the  farm  formerly  ;  very  evidently,  from  the  manner  of  their  talk  and  the 
way  they  told  their  story,  they  came  there  for  the  purpose  of  making  trouble  with  this  man. 
Both  of  them  were  armed,  and  if  the  man  had  not  had  assistance,  I  do  not  know  but  that  they 
would  have  killed  him.  I  wrote  an  application  for  that  Union  man  to  General  Miles  to  attend 
to  the  matter  and  give  him  protection. 

Question.  What  are  you  by  profession  ? 

Answer.  A  minister ;  when  the  war  commenced  I  was  preaching  in  the  Methodist  Episco 
pal  church. 

Question.  State  whether  the  old  connexions  between  the  Methodists  of  the  south  and  of 
the  north  have  been  dissolved  ? 

Answer.  They  were  dissolved  before  the  war,  and  have  not  been  reunited. 

Question.  Has  any  effort  been  made  to  reunite  them  ? 

Answer.  There  has  been  some  talk  of  it ;  I  do  not  know  that  there  has  been  any  special  ef 
fort  made  ;  that  is,  some  people  have  spoken  of  it.  but  I  have  never  seen  any  indication  par- 


times.  The  feeling  of  the  church  seemed  to  be  about  the  same  in  regard  to  the  abolition 
preachers,  as  they  call  the  preachers  in  the  northern  church  ;  they  had  a  bitter  feeling  towards 
what  they  called  the  abolitionists. 

Question.  Do  you  regard  it  as  likely  that  the  Methodist  church  north  and  south  will  be 
soon  reunited  ? 

Answer.  I  do  not ;  I  think  it  is  impossible  to  accomplish  that. 

Question.  Is  there  any  manifestation  of  willingness  on  the  part  of  southern  Methodists  ? 

Answer.  No,  sir ;  there  is  not.    I  think  there  is  generally  an  unwillingness. 

Question.  Do  you  think  of  any  other  circumstance  that  you  wish  to  relate  1 

Answer.  I  do  not  think  of  anything  more  now. 


64  RECONSTRUCTION. 

WASHINGTON,  February  7,  1866. 
Charles  Douglas  Gray  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

Answer.  In  Augusta  county,  Virginia. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  Yes,  sir. 

Question.  And  have  always  resided  in  the  State  ? 

Answer.  Yes,  sir. 

Question.  You  have  been  a  loyalist  during  the  war? 

Answer.  Yes,  sir  ;  uniformly  so.  I,  however,  voted  for  the  ratification  of  the  ordinance  of 
secession.  That  is  the  only  act  I  am  ashamed  of  in  the  whole  transaction ;  I  was  forced  to  do 
it,  by  the  pressure  of  the  moment. 

Question.  Have  you  been  so  situated  as  to  be  tolerably  well  acquainted  with  the  state  of 
public  feeling  among  the  white  people  of  Virginia  since  the  close  of  hostilities  ? 

Answer.  I  have  not ;  I  have  stayed  very  closely  at  home  on  my  farm,  and  have  mingled 
very  little  with  the  people. 

Question.  Are  you  well  acquainted  with  the  state  of  public  feeling  in  Augusta  county  ? 

Answer.  Yes,  sir ;  I  think  I  am. 

Question.  Have  you  been  holding  any  public  position  there  since  the  war  ? 

Answer.  No,  sir. 

Question.  Nor  during  the  war  ? 

Answer.  No,  sir ;  none  at  all. 

Question.  State  what  is  the  general  feeling  among  the  ex-rebels,  the  once  disloyal  people 
of  that  county,  towards  the  government  of  the  United  States. 

Answer.  I  would  say  that  the  majority  of  the  people  of  Augusta  county  accept  the  result 
of  the  war  in  a  spirit  of  resignation  and  submission  ;  they  are  resigned  to  the  result.  There 
is  a  large  portion  of  the  population  of  Augusta  who  were  thoroughly  loyal  men  all  the  time ; 
we  always  believed  that  more  than  one-half  of  them  were  loyal,  but  in  the  elections  we  have 
had  we  have  been  largely  out-voted.  We  have  a  Dunker  population — a  religious  denomina 
tion,  non-combatants — which  we  were  not  able  to  get  to  the  polls,  and  the  consequence  was 
that  there  was  a  smaller  Union  vote  than  there  were  Union  voters  in  the  county. 

Question.  Why  did  the  Dunkers  refuse  to  go  to  the  polls  ? 

Answer.  Immediately  after  the  surrender  they  did  go  to  the  polls  to  make  an  effort  to  elect 
little  local  Union  officers,  and  were  defeated,  and  we  could  not  get  them  to  the  polls  again, 
when  we  had  the  congressional  election.  Mr.  Lewis  was  candidate  of  the  Union  party  in  our 
district,  and  Mr.  Alexander  H.  H.  Stuart  the  candidate  of  the  other  party.  I  do  not  mean  to 
be  understood  as  saying  that  Mr.  Stuart  is  not  a  loyal  man  ;  I  think  that  a  majority  of  the 
people  of  Augusta  county  are  now  loyal  to  the  government  of  the  United  States. 

Question.  Have  the  goodness  to  explain  a  little  more  fully  what  is  understood  by  the 
phrase  "accepting  the  situation." 

Answer.  It  is  a  phrase  that  is  used  by  the  secessionists.  The  Union  men  never  use  it.  As 
I  understand  it,  they  mean  by  that  phrase  this  :  that  they  appealed^to  arms,  to  the  arbitra 
ment  of  the  sword,  as  they  say ;  that  the  decision  was  against  them,*and  that  now  they  sub 
mit  to  the  authority  of  the  United  States,  forced  by  the  military  power  of  the  government. 
That  is  what  I  understand  by  the  term. 

Question.  Is  not  that  the  way  they  understand  it  ? 

Answer.  I  cannot  say ;  that  is  the  way  I  understand  it ;  they  acknowledge  that  they  are 
whipped,  and  soundly  whipped. 

Question.  Do  they  not  feel  better  for  it? 

Answer.  Not  so  much  as  they  ought  to  do,  but  I  think  they  will  ultimately.  That  is  as 
near  as  I  can  describe  it. 

Question.  Since  the  close  of  hostilities,  do  they  appear  to  entertain  feelings  of  respect  and 
attachment  to  the  government  of  the  United  States  ? 

Answer.  I  would  rather  you  would  ask  them  in  regard  to  that. 

Question.  I  ask  how  they  appear. 

Answer.  Well,  they  are  submissive,  and  that  is  about  as  far  as  I  know.  They  grumble  a 
good  deal ;  they  complain  of  the  taxes ;  and  they  are  very  much  in  favor  of  the  President's 
policy ;  they  extol  that ;  they  think  that  the  test-oath  is  an  unconstitutional  outrage.  I 
think  that  the  people  are  a  great  deal  sounder  than  the  politickins — a  great  deal.  I  believe 
in  the  loyalty  of  a  large  majority  of  the  people  of  Augusta  county.  There  are  a  great  many 
individuals  in  the  county  who,  no  doubt,  deeply  regret  the  result;  but,  seeing  now  that  it 
was  inevitable,  they  are  going  now  to  obey  the  laws,  and  I  have  no  doubt  that  in  a  year  or 
two  they  will  be  a  great  deal  happier  than  they  ever  were,  and  will  love  the  Union  and  the 
government  of  the  country.  You  may  remember  that  Augusta  county  was  one  of  the 
strongest  Union  counties  in  the  State ;  that  it  was  an  old  Henry  Clay  whig  county,  and  that 
it  stuck  to  the  Union— not  so  long  as,  I  think,  it  ought  to  have  done — but  it  stuck  to  it  until 
their  State  pride  induced  them  to  go  over ;  they  thought  it  was  their  duty  to  stand  by  their 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  65 

State.  It  is  a  Scotch-Irish  population,  and  you  know  the  temper  of  that  population :  when 
their  blood  is  heated,  there  is  not  a  more  tenacious  population  in  the  world.  They  were  the 
last  to  go  into  the  war  and  they  were  the  last  to  give  it  up.  They  did  not  lose  a  great  many 
slaves.  In  old  Virginia,  where  they  lost  most  heavily  in  the  slave  population,  they  were 
more  overwhelmed  by  the  result  than  were  the  people  in  the  valley.  In  old  Virginia  they 
thought  the  loss  of  slavery  was  the  loss  of  everything  worth  living  for;  but  we  had  few 
slave's.  Then  Sheridan's  burnings  exasperated  them  very  much,  although  there  was  always 
more  Unionism  in  Augusta  and  in  the  valley  than  in  eastern  Virginia. 

Question.  Do  you  think  that  those  persons  in  the  county  who  took  up  arms  against  the 
United  States  are  beginning  to  regret  that  they  struck  at  Uncle  Sam  ? 

Answer.  I  cannot  say  hat.  In  a  general  way  they  say  that  it  would  have  been  better  not 
to  have  begun  it,  as  it  ended  as  it  has  :  but  if  it  had  ended  differently  I  do  not  think  they 
would  have  regretted  it. 

Question.  What  is  your  profession? 
:  Answer.  I  am  a  farmer  now.     I  have  been  a  lawyer. 

Question.  What  chance  does  a  Unionist,  either  a  Virginian  or  a  northern  man,  stand  in 
the  State  courts  there  for  justice? 

Answer.  I  believe  that  I  could  get  justice  in  any  of  the  courts  in  Augusta  county.  I 
would  not  be  at  all  afraid  to  go  before  a  jury  even  of  secessionists.  There  would  be  preju 
dices  if  it  were  a  question  connecting  itself  in  any  way  with  politics ;  but  I  would  not,  in 
an  ordinary  case,  fear  injustice.  I  would  not  feel  at  all  insecure. 

Question.  How  would  it  be  with  a  man  from  one  of  the  northern  States  ? 

Answer.  I  believe  that  he  would  get  justice. 

Question.  Would  he  stand  as  good  a  chance  as  you  would  ? 

Answer.  I  believe  so.  There  is  a  prejudice  existing  among  the  secessionists  against  Yan 
kees,  as  they  are  called — a  strong  prejudice;  but,  nevertheless,  I  believe  they  could  get 
justice. 

Question.  Is  there  much  immigration  from  the  north  into  that  part  of  the  valley  ? 

Answer.  There  is  a  disposition,  I  think,  in  our  section  to  encourage  the  introduction  of 
northern  capital. 

Question.  Suppose  a  northern  man,  of  very  decided  anti-slavery  feelings,  who  had  been 
an  advocate  for  the  prosecution  of  the  war  to  put  down  the  rebellion,  should  go  there  to  set 
tle,  and  buy  land  and  become  a  permanent  resident,  how  would  he  be  treated  ? 

Answer.  I  think  that  at  the  start  he  would  be  treated  with  reserve.  It  would  take  some 
time  for  him  to  get  on  social  terms  with  his  neighbors  ;  but  they  would  not  molest  him. 

Question.  You  have  no  apprehensions  of  that  kind  ? 

Answer.  None  at  all. 

Question.  How  do  the  secessionists  there  feel  generally  toward  the  emancipated  blacks  ? 

Answer.  Well,  the  prejudice  is  pretty  strong  against  the  blacks.  However,  they  want 
black  labor,  and  they  hire  them  readily,  pay  them  their  wages,  and  treat  them  well. 

Question.  Do  you  know  of  any  combinations  existing  in  the  county  to  keep  down  the 
wages  of  the  freedmen  ? 

Answer.  None  at  all.  I  think  that  they  can  get  good  wrages  and  can  get  employment  as 
much  as  they  like. 

Question.  You  are  acquainted  with  the  state  of  public  feeling  in  Virginia  in  other  locali 
ties,  to  some  extent  ? 

Answer.  Yes,  to  some  extent ;  but  I  cannot  speak  with  any  confidence  or  with  any  per 
sonal  knowledge. 

Question.  Have  you  any  reason  to  suppose  that  the  secessionists  still  harbor,  directly  or 
indirectly,  the  project  of  secession  or  southern  independence  ? 

Answer.  I  do  not  believe  there  is  such  a  project  harbored  in  any  section  of  the  State. 

Question.  Suppose  the  United  States  were  engaged  in  a  war  with  a  foreign  power,  such 
a*  England  or  France,  in  a  close  hand-to-hand  contest,  as  it  probably  would  be,  how  wrould 
you  regard  the  secession  people  of  Virginia  in  relation  to  the  United  States  ? 

Answer.  Well,  sir,  I  will  give  you  my  view  upon  that  subject.  The  secessionists  were 
very  angry  with  England  for  not  recognizing  them.  I  think  they  were  more  dissatisfied  with 
England's  course  than  the  United  States  were.  There  would  be  a  great  many  secessionists 
who  would  like  to  avenge  themselves  upon  England.  I  believe  that  if  there  were  a  war  of  the 
character  you  describe,  a  great  many  would  stand  by  the  government,  not  from  any  very  great 
love  for  the  United  States,  but  because  they  hate  England  for  the  course  she  pursued — for 
her  duplicity — for  her  not  recognizing  and  helping  them.  There  are  others  who,  very  proba 
bly,  if  they  had  an  opportunity,  would  join  the  British  arms.  I  think  there  are  very  few  men 
of  that  character  in  the  State — very  few  who  would  join  the  enemy,  at  least  until  they  saw 
very  plainly  that  England  was  going  to  whip  ;  I  doubt  whether  any  of  them  would. 

Question.  You  think  that  a  few  would  join  the  enemy,  especially  if  they  imagined  that  the 
enemy  was  going  to  be  successful  ?  «  - 

Answer.  Yes,  sir. 

Question.  How  large  a  proportion  is  there  of  that  class  of  persons? 

Answer.  I  think  that  they  constitute  a  very  small  portion.     I  do  not  believe  they  consti 
tute  one-twentieth  or  one-fiftieth  of  the  population.     Indeed  I  do  not  know  that  any  of  them 
5  V  Nn  go 


66  RECONSTRUCTION. 

would  ;  it  is  merely  a  surmise.  I  am  giving  my  best  impressions  of  the  feeling  in  the  State. 
I  have  heard  a  great  many  of  them  say  that  they  would  like  to  have  an  opportunity  of  fighting 
England.  • 

Question.  But  suppose  this  exigency  should  present  itself;  suppose  the  old  secession  party 
in  Virginia  and  in  other  rebel  States  should  imagine  that  this  war  presented  an  occasion  which 
might  enable  them  to  secure  their  own  national  independence,  what  course  would  they  pur 
sue  then  ? 

Answer.  In  answer  to  that  question,  I  would  say  that,  in  my  opinion,  if  the  real  feelings 
and  sentiments  and  inclinations  of  the  majority  of  the  people  of  Virginia  to-day  could  be  ascer 
tained  in  a  quiet  way,  not  by  a  public  election,  but  in  a  quiet  way,  by  going  to  their  firesides, 
a  majority  would  be  found  in  favor  of  remaining  in  the  Union  in  preference  to  having  their 
independence. 

Question.  And  do  you  think  that  feeling  is  gradually  being  strengthened  ? 

Answer.  I  think  so.     I  think  that  that  feeling  is  gradually  increasing  in  the  State. 

Question.  How  do  they  regard  their  leaders  in  the  rebellion,  such  as  General  Lee  and  other 
distinguished  men  ? 

Answer.  There  is  a  great  disposition  to  reward  them ;  a  decided  disposition  to  reward  the 
men  who  have  fought  for  their  country. 

Question.  What  does  this  feeling  rest  upon  more  particularly — the  admiration  of  the  voters 
for  the  gallantry  and  bravery  of  the  leader  for  whom  they  are  asked  to  vote,  or  their  love  for 
the  old  lost  cause  ? 

Answer.  I  think  it  is  the  feeling  of  respect  and  admiration  for  the  man  who  fought  for  the 
State,  although  he  was  wrong  in  doing  so. 

Question.  For  his  display  of  gallantry  and  skill  ? 

Answer.  Yes,  sir  ;  for  his  display  of  gallantry  in  defence  of  the  soil  of  the  State. 

Question.  Depending  more  on  that  feeling  than  on  dislike  to  the  United  States  ? 

Answer.  I  think  so. 

Question.  How  is  Jefferson  Davis  regarded  down  there  by  the  secessionists  ? 

Answer.  He  is  very  bitterly  denounced  and  accused  by  the  secessionists,  more  so,  I  think, 
than  he  ought  to  be. 

Question.  Was  he  ever  very  popular  in  Virginia  ? 

Answer.  No,  sir.  After  the  State  seceded  Mr.  Davis  started  with  great  popularity ;  but 
now  they  must  have  a  scapegoat,  and  the  disposition  is  to  make  Mr.  Davis  that  scapegoat. 
They  attribute  to  him  the  failure  of  the  cause— to  his  blindness ;  his  stubbornness ;  his  inter 
ference  with  officers  ;  his  self-will,  and  all  that.  I  always  say  that  I  do  not  think  it  was  Mr. 
Davis  who  ruined  the  confederate  cause  at  all ;  that  it  would  have  been  ruined  anyhow.  I 
think  that  few  men  could  have  kept  it  on  its  feet  as  long  as  he  did.  I  think  that  if  we  had 
kept  McClellan  they  would  have  kept  up  the  war  a  year  or  two  longer.  There  is  another 
feeling — a  feeling  of  great  bitterness  toward  the  republican  party  ;  to  the  black  republicans. 
The  secessionists  in  Virginia  are  very  bitter  toward  the  men  and  measures  which  saved  the 
Union ;  to  what  we  understand  as  the  Union  party  of  the  country.  But  that  is  politics  ;  they 
want  to  see  the  republican  party  thrown  out  of  power. 

Question.  What,  so  far  as  you  know,  appears  to  be  their  ulterior  political  designs  ? 

Answer.  I  think  they  only  want  the  offices. 

Question.  What  is  their  idea  of  proceeding  ?  what  alliance  do  they  propose  to  form  ? 

Answer.  They  want  to  organize  a  great  conservative  party.  That  party  will,  of  course, 
embrace  all  the  copperheads  and  a  sufficient  number  of  others  to  get  into  power. 

Question.  You  have  very  little  doubt  about  their  entertaining  that  purpose  ? 

Answer.  I  have  very  little  doubt  about  their  wanting  to  get  into  power — not  the  least  doubt 
about  that. 

Question.  What,  in  your  judgment,  has  been  t^e  general  effect  of  the  liberality  of  President 
Johnson  towards  the  rebel  community  ? 

Answer.  It 


Question.  Has  it  increased  or  diminished  the  attachment  of  the  people  to  the  government 
of  the  United  States. 

Answer.  I  do  not  think  it  has  diminished  the  attachment  of  the  people  to  the  United  States 
government  ? 

Question.  How  do  rebels,  who  have  been  pardoned  there,  generally  speak  of  the  government 
of  the  United  States — in  terms  of  respect,  or  of  contumely  and  defiance  ? 

Answer.  They  speak  generally  in  terms  of  great  respect  for  the  President  and  his  policy, 
and  of  great  denunciation  of  those  who  oppose  him. 

Question.  Among  the  people  at  large  in  your  vicinity,  what  is  the  feeling  toward  the  freed- 
man  ?  Is  there  a  disposition  to  keep  him  under ;  to  withhold  from  him  the  ordinary  rights 
and  privileges  of  a  free  man ;  to  constrain  him  to  labor  for  under-wages,  or  for  no  wages  ;  to 
treat  him  with  contempt  and  injury,  or  with  justice  1 

Answer.  I  will  endeavor  to  give  you  some  idea  of  that.  You  must  remember  that  the 
relation  has  been  suddenly  and  violently  changed  between  the  white  man  and  the  black 
man.  From  a  slave  he  has  suddenly  become  a  free  man.  Before  the  abolition  of  slavery, 
and  before  the  war,  it  was  the  policy  of  the  slaveholders  to  make  a  free  negro  as  despicable  a 
creature  and  as  uncom Portable  as  possible.  They  did  not  want  a  free  negro  about  at  alL 
They  considered  it  an  injury  to  the  slave,  as  it  undoubtedly  was,  creating  discontent  among 


VIRGINIA — NORTH    CAROLINA SOUTH    CAROLINA.  67 

the  slaves.  The  consequence  was  that  there  was  always  an  intense  prejudice  against  the 
free  negro.  Now,  very  suddenly,  all  have  become  free  negroes ;  and  that  was  not  calculated 
to  allay  that  prejudice.  But  that  feeling  is  in  my  section  of  the  country  gradually  subsiding. 
There  is  a  great  deal  less  feeling  of  that  kind  now  than  there  was  six  or  eight  months  ago. 
They  all  predict,  of  course,  that  the  negro  will  not  work ;  that  some  means  will  have  to  be 
found  by  which  he  can  be  forced  to  work,  or  that  he  will  not  work.  However,  they  hire 
them,  and  I  hear  very  little  complaint.  There  is  great  dissatisfaction,  of  course,  with  the 
abolition  of  slavery.  We  have  not  become  reconciled  to  that. 

Mr.  HOWARD.  The  coat  does  not  fit  ? 

WITNESS.  The  coat  does  not  fit  at  all ;  but  I  have  no  doubt  that  in  course  of  time  they  will 
be  reconciled  to  it,  and  a  better  feeling  will  exist  toward  the  negro. 

Question.  State  whether  you  have  noticed  anything  like  a  general  repugnance  on  the  part 
of  whites  to  the  black  man  becoming  the  owner  of  lands,  houses,  and  other  property. 

Answer.  There  was  at  the  start.  A  great  many  houses  were  burned  down  in  my  neigh 
borhood,  which  it  was  feared  would  be  rented  to  negroes.  They  do  not  like  negro  families 
to  settle  in  the  neighborhood  if  they  can  prevent  it ;  but  that  feeling,  too,  is  not  so  strong 
as  it  was  six  months  ago.  They  are  beginning  to  see  that  it  was  a  mistaken  policy.  They 
are  beginning  to  see  that  they  require  and  need  the  negro  labor.  I  do  not  know  (to  be  per 
fectly  frank  and  candid)  but  that  the  predominant  feeling  in  the  State  is  a  disposition  to  get 
rid  of  them  at  present.  I  think,  however,  that  that  feeling  will  change  sooner  or  later. 

Question.  Must  it  not  necessarily  change  ? 

Answer.  I  think  it  must  necessarily  change. 

Question.  Must  it  not  necessarily,  in  the  end,  change  to  a  feeling  which  would  retain  the 
black  laboring  man  in  the  midst  of  the  white  people  as  a  laborer? 

Answer.  I  would  think  so.  They  are  making  a  great  effort  to  introduce  foreigners.  My 
own  opinion  is  that  our  negroes  will  be  a  great  deal  better  laborers,  and  that  the  people  will 
see  it.  That  was  my  view  from  the  start. 

Question.  At  the  present  time,  of  course,  there  is  no  great  friendship  for  negro  schools  ? 

Answer.  No ;  there  is  a  disposition  to  laugh  it  down,  to  ridicule  it,  and  make  fun  of  it. 

Question.  Have  you  yourself  noticed  the  capability  of  the  black  to  acquire  learning  in  the 
ordinary  elements  of  education? 

Answer.  I  have  not ;  but  I  have  no  doubt  at  all  of  it. 

Question.  What  do  you  hear  said  of  it  generally  by  those  who  have  given  attention  to 
that  subject? 

Answer.  There  has  been  very  little  attention  given  to  that  subject.  There  are  a  great 
many  negroes  in  our  country  who  learned  to  read  when  it  was  against  the  law  to  teach  them. 
The  children  of  the  families  would  teach  them  their  A,  B,  C's,  arid  they  would  go  on  from 
that  to  learn  to  read.  The  children  would  sit  upon  their  laps  and  teach  them  to  read.  At 
present  the  negro  himself  is  in  a  restless,  unsettled  condition,  which  is  a  very  natural  thing; 
and  there  is  a  disposition  on  their  part  to  congregate  in  the  towns,  which  is  a  misfortune  for 
them. 

Question.  Do  they  congregate  there  for  mutual  protection? 

Answer.  I  do  not  know,  sir.  There  is  a  great  deal  of  disposition  on  their  part  to  go  to  house 
keeping.  Their  idea  of  liberty  and  independence  is  to  keep  house  ;  and  no  matter  what  sort 
of  a  shanty  or  shelter  they  can  get  up,  they  prefer  that.  But  they  will  soon  see  that  that  is 
not  a  wise  course  at  all,  and  that  they  will  starve  if  they  congregate  in  towns  where  there  is 
no  employment. 

Question.  What  is  the  general  susceptibility  of  the  negro  for  religion  ?  Is  he  more  or  less 
religious  in  His  nature  than  the  white  man  ? 

Answer.  He  is  very  susceptible  to  religious  impressions,  and  prefers  the  more  emotional 
forms  of  religion — the  Methodist  and  the  Baptist. 

Question.  Is  he  not  inclined  to  be  superstitious  ? 

Answer.  Ye.«,  sir,  very. 

Question.  More  than  the  white  man  ? 

Answer.  Well,  I  do  not  know  that  he  would  be.  The  ignorant  white  people  are  as  super 
stitious  as  the  negroes. 

Question.  Do  you  think  of  any  particular  facts  that  you  would  wish  to  incorporate  in 
your  statement,  illustrating  your  ideas  ? 

Answer.  No,  sir ;  I  think  that  if  the  right  course  is  pursued  down  south,  we  can  have 
the  best  peasantry  in  the  world  by  securing  the  negro  in  all  his  civil  rights.  I  do  not  mean 
by  that  the  right  of  suffrage  at  present ;  I  do  not  think  they  are  in  a  condition  at  present  to 
exercise  that  right ;  I  think  that  in  the  course  of  a  generation,  when  they  have  been  educa 
ted,  it  will  be  time  enough  to  agitate  that  question.  But  let  the  negro  understand  that  he  is 
a  bona  Jide  free  man,  and  that  his  wages  will  be  paid,  and  let  him  understand  the  worth  of 
money,  (he  does  not  understand  the  worth  of  money  now,  and  has  no  idea  of  the  expenses 
of  housekeeping, )  and  I  think  he  will  be  industrious  and  frugal.  I  have  known  a  great 
many  very  successful  negroes. 

Question.  Do  you  think  that  there  is,  as  a  general  thing,  a  feeling  of  unkindness  on  the 
part  of  the  negroes  toward  the  white  people  ? 

Answer.  I  do  not  think  there  is  at  all ;  in  my  section  there  is  none  at  all 


6  8  RECONSTRUCTION. 

Question.  Do  you  think  there  is  any  danger  of  negro  insurrection  in  your  neighborhood  ? 

Answer.  We  have  no  apprehension  whatever.     There  are  too  few  there,  in  the  first  place. 

Question.  So  far  as  your  knowledge  extends  in  Virginia,  have  you  any  reason  to  appre 
hend  any  danger  from  the  negroes  1 

Answer.  I  have  none.  I  have  heard  some  gentlemen  express  some  apprehension,  hut  they 
did  not  seem  to  be  very  serious  at  all. 

Question.  Have  the  negroes  arms  1 

Answer.  Not  that  I  know  of. 

Question.  Have  these  secessionists,  who  have  been  in  the  rebellion,  generally  arms  at  their 
dwellings  1 

Answer.  I  do  not  know ;  the  officers  retained  their  side-arms,  and  you  may  often  see  a 
gentleman  riding  with  pistols ;  there  are  some  few  fowling-pieces  and  arms  of  that  kind  iu 
the  neighborhood.  If  there  are  arms  I  have  no  knowledge  of  them. 

Question.  You  have  no  reason,  so  far  as  your  observation  extends,  to  apprehend  a  revival 
of  the  rebellion  1 

Answer.  None,  whatever.  People  are  thinking  about  their  private  business  ;  they  want  togo 
to  work  to  repair  their  losses ;  they  do  not  wish  any  more  war,  domestic  or  foreign  war,  if  it 
can  be  avoided.  They  are  tired  of  war.  They  knew  nothing  of  what  war  wras  before  the  re 
bellion  ;  they  had  no  idea  at  all  of  the  kind  of  war  they  were  engaging  in  ;  they  are  heartily 
sick  of  war.  They  are  an  afflicted  people,  terribly  afflicted ;  almost  all  of  them  have  lost  sons 
or  brothers  ;  the  country  is  full  of  widows  and  orphans  and  destitute  people.  I  think  that, 
on  the  whole,  the  people  are  bearing  their  misfortunes  with  cheerfulness  and  fortitude,  and 
are  anxious  now  just  to  get  the  means  of  restoring  their  losses,  and  if  politicians  would  let 
them  alone,  I  think  there  would  be  no  trouble  whatever. 

Question.  You  have  journeyed  up  and  down  the  valley  continually  during  and  since  the 
war? 

Answer.  No,  sir ;  during  the  war  I  staid  very  close  at  home ;  I  was  in  a  very  critical 
position  all  the  time,  and  I  never  left  home  when  I  could  help  it. 

Question.  You  did  not  think  it  necessary  to  leave  home? 

Answer.  No,  sir,  not  at  all.  The  President's  proclamation  ordered  me  to  go  home  and  stay 
there,  and  I  obeyed  that  proclamation. 

Question.  Within  the  circle  of  your  personal  observation,  what  is  the  appearance  of  the 
country  where  those  armies  have  marched  ? 

Answer.  From  Harper's  Ferry  to  New  Market,  which  is  about  eighty  miles,  from  one 
mountain  to  the  other,  the  country  was  almost  a  desert.  There  were  no  fences.  Speaking  of 
the  condition  of  the  valley  after  General  Sheridan  retired,  I  described  wheat-fields  growing 
without  any  enclosure ;  some  one  asked  me  whether  the  stock  would  not  destroy  the  wheat. 
I  said  ''Certainly,  if  General  Sheridan  had  not  taken  the  precaution  of  removing  all  the 
stock."  We  could  cultivate  grain  without  fences,  as  we  had  no  cattle,  hogs,  sheep  or  horses, 
or  anything  else.  The  fences  were  all  gone ;  some  of  the  orchards  wrere  very  much  injured, 
but  the  fruit  trees  had  not  b,een,  as  a  general  thing,  destroyed.  The  barns  were  all  burned  ; 
a  great  many  of  the  pfivate  dwellings  were  burned  ;  chimneys  standing  without  houses,  and 
houses  standing  without  roof,  or  door,  or  window  ;  a  most  desolate  state  of  affairs  ;  bridges  all 
destroyed,  roads  badly  cut  up.  Large  armies,  whether  friendly  or  hostile,  are  devouring  ani 
mals.  There  is  no  question  about  that.  The  damage  was  not  all  done  by  the  federals. 

Question.  The  general  appearance  of  the  valley  was  desolate  ? 

Answer.  Very  much  so. 

Question.  Probably  no  section  of  the  country  has  suffered  so  severely  as  the  valley  of  the 
Shenandoah  ? 

Answer.  Except,  perhaps,  from  Alexandria  to  the  Rapidan ;  that  has  suffered  perhaps  as 
much  as  the  valley. 

Question.  Almost  every  proprietor  suffered  in  some  degree  ? 

Answer.  Oh,  certainly,  every  farmer ;  I  suffered  less  myself,  I  believe,  than  any  fanner. 
Tltere  was  not  a  federal  soldier  on  my  farm  during  the  war.  That  was  owing  to  the  happy 
location  of  my  property.  It  was  not  in  a  good  military  position.  The  battle  of  Piedmont 
was  fought  two  and  a  half  miles  from  my  aoor;  but  I  had  a  blessed  little  river  running  iu 
front  of  my  house,  which  happened  not  to  be  fordable  at  the  time,  and  so  I  escaped. 
Question.  Were  you  ever  arrested  by  either  party? 

Answer.  No,  sir  ;  I  never  was  arrested.  I  was  sometimes  in  very  great  apprehension  of 
being  arrested. 

Question.  Was  your  house  molested  ? 

Answer.  Never,  sir.     I  lived  most  of  the  time  in  tbe  town  of  Harrisonburg.     While  I 
was  there,  my  house  and  yard  were  filled  alternately  with  federal  soldiers  and  confederate 
soldiers,  all  hungry,  and  1  fed  them  all  as  long^  as  I  had  a  mouthful  of  bread  in  my  house. 
I  never  had  the  slightest  reason  to  complain  ot  the  soldiers  of  either  army. 
Question.  And  you  have  seen  the  play  ? 
Answer.  Yes,  sir ;  I  have  seen  the  whole  of  it. 


VIRGINIA — NORTH   CAROLINA SOUTH   CAROLINA.  69 

WASHINGTON,  February  7,  1866. 
John  F.  Lewis  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Rockingham  county,  Virginia. 

Question.  What  is  your  profession  or  occupation  ? 

Answer.  Farmer. 

Question.  How  long  have  you  resided  in  Rockingham  county  ? 

Answer.  I  was  born  there  and  have  lived  there  ever  since.  I  have  never  resided  anywhere 
else. 

Question.  Are  you  well  acquainted  with  the  state  of  public  feeling  in  your  vicinity  ? 

Answer.  I  think  I  am  pretty  well. 

Question.  Do  you  hold  any  official  position  ? 

Answer.  No,  sir. 

Question.  What  is  the  general  feeling  on  the  part  of  secessionists  there  towards  the  gov 
eminent  of  the  United  States? 

Answer.  I  do  not  believe  that  a  majority  of  the  people  there  are  loyal  according  to  my  un 
derstanding  of  the  term.  They  profess  to  be  loyal.  My  understanding  of  the  term  "  loyal' 
is  respect,  love,  devotion.  These  feelings  do  not  exist  to  any  great  extent  in  any  portion  ot 
the  State  where  I  have  been.  But  I  believe  if  not  interfered  with  by  the  political  aspirants 
and  newspaper  editors,  they  could  soon  be  induced  to  cultivate  love  and  devotion  to  the  gov 
eminent  of  the  United  States. 

Question.  Has  a  large  proportion  of  them  engaged  in  the  war  against  the  government  ? 

Answer.  Yes ;  a  large  proportion  of  them  either  voluntarily  or  involuntarily  engaged  in  the 
rebellion.  I  suppose  that  in  the  latter  part  of  the  war  a  majority  of  them  were  conscripts. 

Question.  Are  you  prepared  to  say  that  a  majority  of  the  people  of  that  county  are,  in 
feeling,  friendly  to  the  United  States? 

Answer.  I  have  had  no  means  of  ascertaining  that  except  in  the  elections  that  have  taken 
place ;  and  they  have  indicated  no  friendly  feeling  to  the  government. 

Question.  How  do  you  explain  that  indication — what  is  it  ? 

Answer.  I  do  not  believe  that  a  man  who  had  been  an  uncompromising  Union  man  through 
out  the  rebellion  can  be  elected  to  any  position  either  of  trust  or  profit. 

Question.  What  description  of  persons  have  generally  been  elected  in  that  county  ? 

Answer.  Men  who  have  been  in  the  rebel  army.  There  were  some  restrictions  placed  upon 
them  by  the  law,  but  they  have  been  removed  by  the  present  legislature. 

Question.  What  were  those  restrictions  ? 

Answer.  The  Alexandria  constitution,  as  it  was  called,  restricted  the  elective  franchise  to 
persons  who  had  been  loyal  during  the  war.  That  restriction  has  been  removed  by  the  leg 
islature  now  in  session  at  Richmond.  The  clause  in  the  constitution  imposing  restrictions 
upon  voters  on  account  of  disloyalty  was  so  framed  as  that  the  legislature  might,  if  it  saw 
fit,  repeal  it.  That  repeal  was  submitted  to  the  voters  of  the  State  at  the  last  election,  inclu 
ding  loyal  as  well  as  disloyal ;  and  they  almost  unanimously  decided  in  its  favor,  so  that  the 
restriction  was  taken  off. 

Question.  Would  an  out-and-out  Union  man  stand  any  chance  of  being  elected  in  that 
county  now  ? 

Answer.  I  think  not. 

Question.  Do  the  secessionists  there  entertain  any  desire  or  any  purpose  to  renew  the  war 
for  southern  independence  ? 

Answer.  No,  sir ;  I  do  not  think  they  do.  I  believe  the  impression  is  universal,  almost,  that 
they  are  powerless  to  renew  the  war. 

Question.  Suppose  they  had  the  power  and  the  means  to  renew  the  war,  what  course  do  you 
think  they  would  take  ? 

Answer.  I  think  a  great  majority  of  them  would  bejieutral ;  would  not  take  either  side. 
Some  of  them  would  take  sides  against  the  United  States,  and  some  of  them  for,  but  a  ma 
jority  would,  I  think,  be  neutral. 

Question.  You  have  heard  the  question  I  have  put  to  Mr.  Gray  respecting  the  course  that 
would  be  pursued  by  the  secessionists  there  in  the  event  of  a  war  between  the  United  States 
and  a  foreign  power? 

Answer.  Yes,  sir. 

Question.  You  heard  his  answer? 

Answer.  I  did  not  concur  fully  with  Mr.  Gray  in  that. 

Question.  Give  your  own  views. 

Answer.  I  think  a  great  many  of  them  would  take  part  against  the  United  States.  I  often 
hear  the  secessionists  there — (they  are  all  termed  secessionists  now  with  very  few  excep 
tions) — I  often  hear  that  class  of  persons  who  were  in  the  army  say  that  they  would  rejoice  to  see 
the  United  States  well  thrashed  by  England  and  France ;  and  I  think  that  in  the  event  of  a 
war  there  would  be  some  apprehension  of  trouble.  I  have  some  apprehension  there  would  be 
trouble  in  the  State.  I  know  one  thing — that  if  there  was  a  war  between  the  United  State 


70  RECONSTRUCTION. 

and  any  foreign  power  of  any  considerable  magnitude,  I  should  endeavor  to  get  north  of  the 
Potomac.    I  should  not  feel  safe  in  remaining  where  I  am. 

Question.  How  extensive  is  that  feeling  among  the  Union  people  in  your  vicinity  ? 

Answer.  I  think  if  they  were  satisfied  that  there  was  to  be  a  war  between  the  United 
States  and  any  foreign  power  of  any  considerable  magnitude,  the  feeling  to  get  away  would 
be  pretty  general  among  the  Union  people.  I  do  not  think  they  would  feel  secure. 

Question.  Have  you  any  reason  to  apprehend  that  the  secessionists  in  your  part  of  the 
State,  and  where  you  are  acquainted,  still  entertain  projects  of  secession  or  southern  inde 
pendence  ? 

Answer.  No,  sir ;  I  think  not.  I  think  they  have  abandoned  all  such  ideas.  If  they  have 
any  such  they  are  kept  a  profound  secret.  I  was  a  member  of  the  convention  which  passed 
the  ordinance  of  secession.  I  refused  to  vote  for  the  ordinance  of  secession  throughout,  and 
I  refused  to  sign  the  ordinance  after  it  was  passed.  I  was  the  only  member  of  the  conven 
tion  east  of  the  Alleghany  mountains  who  refused  to  sign  the  ordinance  of  secession,  for  which 
I  was  threatened  repeatedly.  They  threatened  to  hang  me  several  times,  and  I  had  some 
little  apprehension  at  one  time  that  they  would  do  it.  But  I  remained  there  throughout,  and, 
beyond  some  denunciation  and  abuse,  I  was  not  molested. 

Question.  You  felt  constrained  to  keep  a  pretty  close  mouth  during  the  war  ? 

Answer.  I  was  not  as  prudent  probably  as  I  ought  to  have  been.  I  was  so  ardent  and  de 
voted  a  Union  man  that  I  could  not  keep  prudent  all  the  time. 

Question.  We  have  had  accounts  of  the  secret  session  of  the  secession  convention  in  Vir 
ginia — were  you  in  the  convention  at  that  time  ? 

Answer.  Yes,  sir. 
*  Question.  Are  you  at  liberty  to  state  anything  about  it  ? 

Answer.  Oh  yes,  sir ;  the  restriction  has  been  removed. 

Question.  Did  all  the  members  of  the  convention  attend  that  secret  session  ? 

Answer.  Yes,  sir ;  the  body  met  in  secret  session  for  some  days  previous  to  the  passage  of 
the  ordinance  of  secession. 

Question.  What  was  the  object  of  the  secrecy,  to  discuss  the  question  more  freely  ? 

Answer.  I  always  believed  that  the  object  was  to  impose  upon  the  Union  sentiment  of  the 
country,  and  prevent  the  people  from  knowing  anything  that  was  doing  there. 

Question.  You  were  not  in  the  secret  of  the  secrecy  ? 

Answer.  No,  sir. 

Question.  Was  Governor  Wise  a  member  of  that  convention  ? 

Answer.  Yes,  sir;    he  was  the  leader  of  the  secession  party? 

Question.  Did  he  attend  the  secret  sittings  ? 

Answer.  Yes,  sir ;  all  the  members  attended.  I  do  not  think  that  any  member  of  the  con 
vention  refused  to  attend  the  secret  session.  Most  of  the  business  was  transacted  in  the  latter 
part  in  secret  session. 

Question.  State  how  prominent  Wise  was  in  his  advocacy  of  secession. 

Answer.  Well,  sir,  he  was  generally  conceded  to  be  the  leader  of  the  secession  party  there, 
although  he  professed  to  be  a  Union  man.  Ho  said  to  me  on  one  occasion,  ''Lewis,  you 
help  to  save  the  negro,  and  I  will  help  you  to  save  the  Union."  He  was  endeavoring  to 
persuade  me  at  his  desk  to  adopt  his  views;  I  remarked  to  him  that  I  was  not  an  abolitionist, 
and  I  went  on  to  argue  the  question  with  him.  He  caught  at  that  idea,  and  said  "You  help 
me  to  save  the  negro,  and  I  will  help  you  to  save  the  Union."  My  impression  was  that  his 
plan  would  destroy  both  ;  he  went  on  to  prove  to  me  that  I  was  mistaken. 

Question.  I  suppose  he  was  perfectly  confident  of  success  in  the  enterprise  ? 

Answer.  I  think  so. 

Question.  His  idea  was,  that  by  seceding  and  gettirg  np  a  southern  confederacy,  slavery 
would  be  perpetuated  and  placed  beyond  the  reach  of  black  republicans  and  abolitionists  ? 

Answer.  Yes,  sir,  I  think  that  was  the  idea,  although  Mr.  Wise  has  written  a  letter  since 
the  surrender  of  the  rebel  army,  saying  that  he  was  convinced  long  before  the  close  of  the 
war  that  slavery  was  an  evil,  and  that  if  the  south  had  been  successful  he  had  intended  to 
canvass  the  State  for  the  abolition  of  slavery.  I  do  not  think  that  that  is  generally  believed 
by  the  people  of  Virginia. 

Question.  Was  Mr.  James  M.  Mason  a  member  of  that  convention? 

Answer.  No.  sir. 

Question.  Was  Alexander  H.  H.  Stuart? 

Answer.  Yes,  sir,  he  was. 

Question/  How  did  he  vote  on  the  question  of  secession? 

Answer.  He  voted  against  the  ordinance  of  secession.  The  final  vote  stood  88  to  55.  The 
ordinance  was  passed  by  33  majority,  but  finally  Mr.  Stuart  signed  the  ordinance. 

Question.  I  suppose  that  that  was  a  mere  authentication  of  the  paper  ? 

Answer.  Yes,  sir.     He  said  he  regarded  it  in  that  light.     Mr.  Stuart  was  a  Union  man. 

Question.  Was  George  W.  Summers,  from  the  Kanawha  district,  a  member  of  that  con 
vention  ? 

Answer.  Yes,  sir. 

Question.  How  did  he  vote  ? 

Answer.  He  voted  against  the  ordinance.     He  did  not  return  to  the  convention,  and  I  am 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  71 

not  able  to  say  whether  he  signed  the  ordinance  or  not.  He  took  no  part  in  the  war,  I 
believe.  I  heard  him  roundly  abused  for  not  taking  the  southern  side.  While  the  conven 
tion  was  still  in  session,  I  went  to  the  house  of  Mr.  John  Minor  Botts,  in  Richmond,  on  the 
16th  of  April,  1861,  and  he  informed  me  that  he  had  been  to  Washington  a  few  days  before, 
and  had  had  an  interview  with  Mr.  Lincoln,  in  which  interview  Mr.  Lincoln  informed  him 
that  he  had  sent  a  special  messepger  to  Richmond  for  George  W.  Summers  to  come  to 
Washington ;  and  in  the  event  of  his  not  being  able  to  come,  to  send  some  reliable  Union 
man  to  consult  with  him  on  important  matters.  Mr.  Summers,  from  some  cause  or  other, 
did  not  go,  but  sent  Colonel  John  B.  Baldwin,  of  Augusta  county,  Virginia.  Mr.  Lincoln 
informed  Mr.  Botts  that  he  had  made  this  proposition  to  Colonel  Baldwin:  that  if  that  con 
vention  would  adjourn  without  passing  an  ordinance  of  secession,  he  (Mr.  Lincoln)  would 
take  the  responsibility  of  withdrawing  the  troops  from  Fort  Sumter.  Colonel  Baldwin  de 
clined  to  accede  to  it,  and  no  such  proposition  was  ever  made  or  communicated  to  the  con 
vention.  Next  morning  I  took  Colonel  Baldwin  to  the  house  of  Mr.  Botts,  who  told  him  he 
was  informed  that  such  an  interview  had  taken  place.  Colonel  Baldwin  did  not  deny  it.  In 
answer  to  Mr.  Botts's  question  of  how,  in  the  name  of  God,  he  could  take  the  responsibility 
of  withholding  the  knowledge  of  such  an  interview  from  the  convention,  Colonel  Baldwin 
remarked  that  it  was  then  near  the  hour  for  the  meeting  of  the  convention,  and  that  he  was 
compelled  to  be  there,  but  would  see  him  again.  No  such  communication  was  ever  made, 
to  the  best  of  my  knowledge  and  belief,  to  any  large  portion  even  of  the  members  of  the 
convention,  and  a  large  number  of  them  are  to  this  day  ignorant  of  the  fact. 

At  the  same  time  a  party  of  secessionists  met  together  at  Richmond — a  self-constituted 
convention — for  the  purpose  of  forcing  this  convention  to  pass  an  ordinance  of  secession,  or 
of  turning  them  out  of  doors,  and  deposing  Governor  Letcher.  And  I  believe  that  if  it  had 
not  been  for  the  fear  of  that  body,  the  ordinance  of  secession  could  not  have  been  passed.  A 
large  portion  of  the  people  of  Virginia  at  that  time  were  utterly  opposed  to  the  passage  of  an 
ordinance  of  secession. 

Question.  How  does  the  secession  party  in  your  county  feel  towards  the  freedmen  ? 

Answer.  I  think  there  is  generally  a  kind  feeling.  The  former  owner  of  the  slave  is,  I 
think,  his  best  friend.  There  is  very  little  prejudice  against  the  negro,  except  among  the 
class  whose  labor  conies  in  competition  with  him — that  is,  in  our  county. 

Question.  You  suppose  that  the  higher  classes  in  Virginia  feel  more  kindly  toward  the 
negro  than  the  lower  classes  ? 

Answer.  Yes,  sir ;  I  think  so,  as  a  general  thing.  In  Eastern  Virginia  there  is  a  different 
feeling.  There  they  were  pro-slavery  people.  In  our  country  there  were  comparatively  few 
slaves.  In  Eastern  Virginia  there  is,  I  think,  a  great  deal  of  prejudice  against  the  negro, 
and  a  worse  feeling  exists  there  than  in  our  section. 

Question.  Do  you  think  that  President  Johnson's  policy  in  granting  pardons  and  amnesties 
to  the  rebels  has  increased  or  diminished  the  respect  of  the  rebel  community  for  the  govern 
ment  of  the  United  States  ? 

Answer.  I  have  been  convinced  for  some  time  that  the  policy  of  Mr.  Johnson  was  a  bad 
one.  I  was  one  of  those  who  took  an  active  part,  immediately  after  the  surrender  of  General 
Lee,  in  getting  pardons  for  these  people.  I  believe,  as  a  general  thing,  they  have  failed  to 
comprehend  or  appreciate  the  magnanimity  of  tue  government  shown  towards  them ;  and  I 
think  there  is  a  worse  feeling  there  now  than  there  was  at  the  time  of  the  surrender  of 
General  Lee's  army.  A  great  number  of  persons  who  have  received  their  pardons  are  now 
acting  in  a  way  that  they  would  not  have  done  if  the  pardons  had  been  withheld  a  few 
months  longer. 

Question.  Do  I  understand  you  to  be  of  opinion  that  that  liberality  has  rather  tended  to 
increase  the  insolence  of  the  secessionists  than  to  abate  it  ? 

Answer.  Yes,  sir ;  and  I  have  heard  that  question  discussed  a  greal  deal.  I  have  been 
travelling  about  somewhat;  I  have  been  to  Richmond  very  frequently,  meeting  the  members 
of  the  legislature  there  from  different  parts  of  the  State,  and  conversing  with  persons  from 
different  portions  of  the  State ;  and  that,  I  think,  is  the  general  impression  among  the  Union 
men— among  the  men  who  are  really  Union  men.  There  are  a  great  many  men,  I  was  going 
to  say,  who  now  profess  to  have  been  Union  men  all  the  time,  but  who  were  not  known  as 
guch  during  the  war.  Of  them  I  did  not  speak  ;  I  spoke  of  those  who  were  known  to  be 
uncompromising  Union  men  throughout.  There  were  very  few  such  persons  in  the  State. 
The  Dunkard  population,  of  whom  Mr.  Gray  spoke,  were  generally  loyal,  and  are  still  loyal ; 
but  they  are  a  timid  set  of  men,  who  take  very  little  part  in  politics,  and  their  influence  is 
pretty  much  lost  to  the  State.  Leave  that  element  out  of  the  question,  and  the  Union  men 
axe  in  a  very  meagre  minority. 

Question.  Are  Union  people  in  your  vicinity  secure  in  their  possessions  and  rights  of 
property  and  person  ? 

Answer.  Yes,  sir ;  I  think  they  are.  I  do  not  apprehend  any  danger.  I  feel  no  appre 
hension  at  all  myself;  and  I  suppose  I  am  as  obnoxious  there  as  anybody  can  be,  having 
been  one  of  the  very  few  men  in  the  valley  of  Virginia  who  always,  and  under  all  circum 
stances,  expressed  themselves  in  favor  of  the  Union. 

Question.  Does  this  security,  of  which  you  speak,  depend  in  any  degree,  in  your  judg 
ment,  upon  the  presence  of  federal  troops  in  the  State  ? 


72  RECONSTRUCTION. 

Answer.  I  am  not  prepared  to  say  that  it  does,  nor  am  I  prepared  to  say  that  it  does  not. 
I  think  that  the  sending  of  troops  to  our  country  immediately  after  the  surrender  of  General 
Lee's  army  was  a  great  protection  and  security  to  the  Union  people  there  and  to  the  whole 
people.  There  were  a  parcel  of  marauders  in  the  country  who  were  giving  a  great  deal  of 
trouble,  and  the  sending  of  Union  troops  there  is  regarded,  I  think,  by  secessionists  and 
Union  people  as  being  very  epportune.  I  have  no  doubt.tlmt  we  would  have  had  very  con 
siderable  trouble  there  if  this  had  not  been  done. 

Question.  Trouble  consisting  of  turbulence  and  riot  ? 

Answer.  Yes,  sir  ;  they  were  fighting  and  squabbling  over  government  property,  and  driv 
ing  stock  from  one  farm  to  another;  and  there  was  horse-thieving  going  on.  They  had  re 
duced  horse-thieving  to  a  science  in  our  country  during  the  ,war.  It  was  almost  impossible 
to  recover  a  stolen  horse.  I  frequently  had  to  keep  a  guard  in  my  stable. 

Question.  Do  the  people  of  that  section  generally  feel  willing  to  accord  to  the  freedmen 
the  rights  of  property  and  of  family  ? 

Answer.  Yes,  sir ;  as  a  general  thing,  they  do. 

Question.  To  what  extent  would  family  rights,  especially  the  marital  rights  of  husband 
and  wife,  be  respected  by  the  freedmen  among  themselves  if  they  were  allowed,  as  they  now 
are,  to  enter  into  those  relations  and  enjoy  those  rights? 

Answer.  I  cannot  answer  that  question,  because  the  system  and  practice  of  slavery  in 
Virginia  were  in  violation  of  all  those  rights,  and  the  negro  generally  felt  very  little  com 
punction  at  leaving  his  wife,  or  his  wife  at  leaving  him,  and  taking  up  with  some  one  else. 
They  were  liable  to  be  separated  by  their  masters,  or  by  either  of  their  masters,  when  they 
were  owned  by  different  persons.  Either  master  could  sell  and  separate  them  at  pleasure; 
that  had  the  tendency  of  weakening  the  attachment  of  the  negroes  to  their  famiries  ;  they 
felt  an  insecurity.  I  suppose  there  would  be  a  very  different  feeling  now.  Most  of  the  ne 
groes  were  not  married  legally.  There  was  no  such  thing  as  legal  marriage  between  them. 
They  generally  just  took  up  with  each  other,  and  lived  in  a  state  of  adultery  as  long  as  it 
suited  their  convenience,  and  then  broke  off. 

Question.  Do  you  think  that  the  feeling  growing  out  of  that  sort  of  license  will  become 
improved  by  protecting  marriage  by  law  ? 

Answer.  Yes,  sir  ;  I  think  so. 

Question.  Is  there  any  other  fact  which  you  desire  to  state  ? 

Answer.  No,  sir;  I  do  not  think  of  any.  I  intended  to  say,  in  speaking  of  the  loyalty  or 
the  people  of  Virginia,  that  I  arn  induced  to  doubt  their  loyalty  from  this  circumstance :  the 
legislature,  now  in  session  in  Virginia,  seems  to  be  afraid  to  elect,  and  has  not  elected,  any 
man  to  any  of  the  offices  within  its  gift  who  has  had  Union  proclivities.  They  seem  to  have 
a  distrust  of  their  constituents ;  and  that  has  led  me  to  the  belief  that  there  is  less  loyalty  in 
the  State  than  is  supposed  by  a  good  many  of  us.  I  have  been  observing  very  closely  these 
things,  feeling  a  deep  interest  in  them  :  and,  in  travelling  through  the  State,  as  I  have  done 
a  great  deal,  I  have  heard  a  great  many  disloyal  sentiments  expressed. 

Question.  How  do  the  secessionists  generally  treat  northern  men  who  travel  through  the 
country  ? 

Answer.  I  have  not  heard  of  any  violence  offered  to  any  person  passing  through.  I  think 
northern  men  are  generally  very  prudent,  when  travelling,  not  to  express  their  sentiments 
openly.  I  have  observed  that  frequently  in  travelling  on  the  Orange  and  Alexandria  road. 
I  have  met  with  northern  persons  on  the  cars,  and  found  them  out  by  their  coming  to  me 
after  hearing  me  discuss  these  subjects  with  southern  people.  I  have  several  times  observed 
that  there  was  a  great  deal  of  apprehension  felt  by  these  northern  people  in  travelling;  and 
they  are  generally  very  prudent  until  they  find  out  whom  they  are  talking  to. 

Question.  Do  you  think  it  would  be  safe  for  members  of  this  committee  to  repair  to  Rich 
mond  for  the  purpose  of  prosecuting  their  inquiries  there? 

Answer.  On  yes,  sir.  I  should  not  apprehend  the  slightest  danger.  I  think  that  the 
press  of  Virginia  is  doing  a  vast,  deal  of  mischief,  and  that  the  tendency  of  the  press  is  to 
weaken  the  love  of  the  people  there  for  the  government  of  the  United  States.  I  know  of  but 
one  loyal  paper  in  the  city  of  Richmond,  the  Republic,  and  that  has  a  very  small  circulation, 
as  I  understand.  I  was  told  in  Richmond  by  a  gentleman  who  was  well  informed  that  the 
press  there  is  not  supported  generally  by  the  people  of  Virginia,  but  that  the  secession  papers 
are  kept  up  principally  by  funds  raised  in  New  York  and  elsewhere. 

Question.  By  funds  contributed  at  the  north? 

Answer.  Yes,  sir,  by  the  copperheads.  I  heard  it  stated  there  that  the  Ne  w  York  News 
had  probably  a  larger  circulation  in  the  State  of  Virginia  than  any  other  paper,  and  that  that 
class  of  persons  at  the  north  were  subscribing  to  the  secession  papers  at  Richmond.  I  was 
inquiring  how  those  papers  could  be  supported  there,  as  there  is  very  little  money  in  our 
country.  There  are  more  newspapers  in  Richmond  than  were  ever  there  before ;  and  I  did 
not  suppose  they  could  be  supported  by  the  people  of  Virginia.  I  made  the  inquiry  and 
was  told  that  they  were  supported  by  northern  capital. 

Question.  Are  the  people  in  Richmond  and  other  intelligent  people  who  read  the  New 
York  News  aware  that  that  paper  was  subsidized  by  money  directly  contributed  by  rebel 
agents  in  Canada  during  the  war  ? 

Answer.  I  never  heard  before  that  it  was.     I  acknowledge  (and  it  is  probably  as  well  for 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  73 

me  to  say  so)  that  I  am  very  bitter  in  my  feelings  toward  the  secession  party.  I  have  always 
been  so.  I  always  hated  them  as  I  hated  the  devil  himself;  but  there  is  a  class  of  persons 
that  I  hate  more  than  the  secessionists ;  that  is  the  northern  copperheads ;  and  I  have 
regarded  the  New  York  News  as  being  one  of  our  worst  enemies.  I  never  read  it  or 
encouraged  it.  I  see  it  sold  by  the  newsboys  in  our  country.  I  see  a  great  many  people 
in  Staunton  and  the  villages  coming  out  of  the  post  offices  with  the  News  in  their  hands.  I 
think  it  has  a  very  large  circulation,  and  is  doing  a  great  deal  of  mischief  in  our  country. 

Question.  Are  you  aware  of  the  fact  that  a  rebel  agent  in  Canada  sent  during  the  war  a 
draft  for  twenty -five  thousand  dollars  in  gold  direct  to  Ben.  Wood,  proprietor  of  that  News  ? 

Answer.  I  saw  some  statement  of  that  sort  in  one  of  the  papers  since  the  surrender. 

Question.  Do  you  think  of  anything  else  that  you  desire  to  state? 

Answer.  No,  sir. 


WASHINGTON,  February  3,  1866. 
M.  D.  Corse  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Alexandria,  Virginia. 

Question.  How  long  have  you  resided  there  ? 

Answer.  I  was  born  there  and  have  lived  there  all  my  life,  with  an  interval  of  seven  years 
in  California. 

Question.  What  is  your  profession  or  occupation? 

Answer.  I  am  a  money-broker.    That  was  my  business  before  the  war. 

Question.  Were  you  a  resident  of  Alexandria  during  the  war? 

Answer.  No,  sir.     I  was  in  the  service  of  the  Confederate  States. 

(The  witness  was  cautioned  that  he  was  not  bound  to  state  anything  that  might  criminate 
himself.) 

Question    In  what  capacity  were  you  in  the  rebel  service  ? 

Answer.  I  was  brigadier  general. 

Question.  You  served  under  General  Lee  ? 

Answer.  Yes,  sir. 

Question.  In  what  battles  were  you  engaged  ? 

Answer.  I  was  engaged  in  nearly  all  of  them.  I  was  in  the  first  battle  of  Bull  Run,  the 
battle  of  Williamsburg,  Manassas,  Sharpsburg,  Fredericksburg,  and  the  last  battle  of  Five 
Forks.  I  was  taken  pris6ner  at  the  last  battle,  four  days  before  the  surrender  of  General 
Lee.  I  was  sent  to  Fort  Warren  and  there  discharged. 

Question.  Have  you  been  pardoned  by  the  President  ? 

Answer.  No,  sir. 

Question.  You  are  the  subject  of  no  pardon  or  amnesty  that  you  are  aware  of? 

Answer.  No,  sir. 

Question.  How  extensive  is  your  acquaintance  with  the  people  of  Virginia  ? 

Auswrer.  My  acquaintance  does  not  extend  very  far ;  it  is  very  limited.  I  know  a  good 
many  people  in  the  adjoining  counties.  I  know  the  people  who  served  with  me,  and  I  know 
a  good  many  citizens  in  Fauquier  and  Fairfax  counties. 

Question.  You  are  well  acquainted,  of  course,  with  the  secessionists  ? 

Answer.  Yes,  sir. 

Question.  You  are  well  acquainted  with  their  political  feelings  ? 

Answer.  Yes,  sir;  but  my  intercourse  has  been  very  limited  indeed.  My  business  was 
prostrated  when  I  came  back,  arid  I. had  to  go  to  work  to  make  something  for  the  support  of 
my  family.  The  consequence  is  that  I  have  been  confined  pretty  much  to  my  business  as  a 
broker  in  town. 

Question.  What  is  the  general  feeling  among  the  secessionists  of  Virginia,  so  far  as  your 
acquaintance  extends,  towards  the  government  of  the  United  States  ? 

Answer.  So  far  as  my  knowledge  extends  they  seem  to  be  willing  to  accept  the  issue,  and 
I  think  that  those  who  have  taken  the  oath  seem  to  be  all  in  good  faith  disposed  to  uphold 
the  government  oo  far  as  they  can.  That  is  my  own  feeling.  We  weut  to  war  and 
attempted  to  establish  another  government.  It  has  gone  against  us,  and  I  accept  the  issue. 
I  have  taken  the  oath  of  allegiance,  and  am  disposed  to  keep  it  in  good  faith ;  and  I  think 
that  is  the  feeling  all  through  the  State. 

Question.  Do  you  know  of  any  disposition  among  the  secessionists  to  renew  the  war  ? 

Answer.  I  do  not  know  any.     I  never  heard  any  expression  of  that  kind. 

Question.  Have  you  any  reason  to  believe  that  there  is  any  plan  on  foot  among  the 
secessionists  again  to  embark  in  rebellion  against  the  government? 

Answer.  None  in  the  world,  sir.  I  have  no  knowledge  of  the  kind.  I  have  no  reason  to 
believe  that  there  is  any.  I  think  the  people  want  to  be  let  alone  and  protected. 

Question.  How  do  they  feel  in  the  State  in  reference  to  the  abolition  of  slavery  ? 


74  RECONSTRUCTION. 

Answer.  As  a  general  tiling  I  think  they  take  it  as  it  has  been  given.  Some,  of  course, 
do  not  like  it — think  it  a  mistake  on  the  part  of  the  government,  and  think  the  colored 
people  better  in  the  condition  of  slaves.  They  do  not  like,  I  would  say,  negro  suffrage. 

Question.  In  your  judgment  what  would  be  the  effect  of  giving  suffrage  to  the  negroes,  or 
to  the  more  intelligent  class  of  negroes  ? 

Answer.  I  do  not  know,  indeed,  what  would  be  the  effect. 

Question.  What  effect  would  it  have  on  the  minds  of  the  whites? 

Answer.  As  far  as  I  can  judge,  I  think  it  would  have  very  little  effect  upon  them.  They 
would  not  like  it.  I  do  not  think  it  would  produce  any  feeling  of  rebellion  or  resistance. 

Question.  Would  you  not  fear  scenes  of  violence  between  the  whites  and  blacks  ? 

Answer.  No,  sir,  I  do  not  think  so ;  it  might  cause  at  the  polls,  occasionally,  a  little 
drunken  row  or  something  of  the  kind.  I  think,  among  the  better  classes,  the  thinking  people 
of  the  community,  they  would  let  it  pass. 

Question.  Has  not  the  result  of  the  war  left  a  very  deep-seated  feeling  of  disappointment 
in  the  hearts  of  the  people  who  were  engaged  in  it  on  the  rebel  side  ? 

Answer.  I  think  there  is  generally  a  feeling  of  disappointment,  but  I  do  not  think  it  as 
strong  as  it  was.  I  think  the  people  seem  to  be  disposed  just  to  go  on,  accept  the  issue,  and 
make  the  best  of  it.  Sometimes  there  is  a  feeling  of  disappointment ;  but  that,  I  suppose,  is 
the  most  natural  feeling  in  the  world.  When  men  embark  everything  they  have  on  earth, 
their  lives  and  estates,  and  fail,  it  is  perfectly  natural  that  they  should  be  disappointed  :  but 
I  think  they  are  a  people  who,  if  left  alone,  would  support  and  build  up  and  give  their  aid 
to  the  government. 

Question.  You  think  they  feel  that  they  have  had  fighting  enough  ? 

Answer.  Yes,  sir ;  I  think  that  is  the  general  feeling  throughout  the  community,  and  I 
believe.that  the  men  who  fought  the  most  are  the  best 

Ques'tion.  Are  you  not  in  the  habit  of  hearing  expressions  of  contempt  and  contumely 
against  the  government  of  the  United  States  on  the  part  of  secessionists  ? 

Answer.  Sometimes  they  will  speak  against  the  government  just  as  much  as  they  did 
before  I  suppose  I  may  have  heard  such  expressions,  but  I  cannot  mention  any  one  in 
particular. 

Question.  To  use  a  common  expression,  do  you  think  that  the  secessionists  generally  love 
the  government  of  the  United  States  ? 

Answer.  Well,  sir,  I  do  not  think  they  do ;  it  is  too  near  to  their  discomfiture  ;  their  defeat  is 
too  close  at  hand  for  them  to  fall  in  love  immediately  with  the  government.  The  wound  is 
rather  too  fresh,  but  I  think  that  if  let  alone  it  will  heal  over. 

Question.  Do  you  not  think  that,  if  the  secessionists  should  now  have  an  opportunity  to  go 
out  of  the  Union  and  establish  a  southern  government  independent  of  the  United  States,  they 
would  do  so  ? 

Answer.  I  do  not  know  as  to  that ;  it  is  a  difficult  question  to  answer ;  but,  to  answer  it 
in  all  candor,  I  should  think  they  would ;  still,  I  think  there  would  be  no  difficulty  of  that 
kind  ;  I  cannot  say  that  I  think  they  would  join  with  any  other  government.  If  they  were 
let  alone  and  peaceably  allowed  to  have  governments  of  their  own,  I  think  they  would  not  be 
disposed  to  go  to  war  again. 

Question.  Suppose  the  government  of  the,  United  States  were  involved  in  war  with  a 
foreign  power,  such  as  England  or  France,  and  we  should  have  a  hard  pull  at  it;  what  would 
probably  be  the  course  taken  by  the  secessionists  of  Virginia,  and  other  places  south,  with 
whom  you  are  acquainted  ? 

Answer.  I  think  that  as  many,  and  perhaps  more,  would  take  sides  with  the  government 
of  the  United  States  as  against  it. 

Question.  Do  you  think  that  any  considerable  portion  of  the  secessionists  would  join  the 
enemy  if  they  had  the  opportunity  ? 

Answer.  No,  sir ;  I  do  not  think  that  any  considerable  portion  would.  I  do  not  see  any 
reason  why  they  should  be  in  love  with  France  or  England. 

Question.  Suppose  they  saw,  or  thought  they  saw,  a  prospect  of  southern  independence  by 
taking  such  a  course  ? 

Answer.  That  might  be  a  very  tempting  bait. 

Question.  Do  you  think  it  would  be  so  strong  a  temptation  that  some  of  them  would  not  be 
able  to  resist  it  ? 

Answer.  I  think  it  is  probable,  with  the  present  feeling. 

Question.  How  do  the  secessionists  generally  feel  towards  the  freedmen? 

Answer.  Kindly,  I  think.     I  am  sure  I  have  no  feeling  against  them. 

Question.  How  do  they  feel  on  the  subject  of  negro  education  ? 

Answer.  I  am  sure  they  are  perfectly  satisfied  with  it;  they  would  give  their  aid,  most  of 
them,  to  the  education  of  the  negro.  I  am  sure  I  would  myself ;  I  always  thought  it  should  be. 

Question.  How  are  northern  men  treated  who  purchase  property  among  them  and  settle  ? 

Answer.  For  aught  I  know,  very  well ;  I  never  heard  of  anybody  being  maltreated.  I 
think  they  have  a  better  feeling  towards  northern  people  than  towards  their  own  people  who 
have  been  against  them  in  the  war.  As  far  as  the  northern  man  is  concerned,  I  do  not  think 
there  is  a  bad  feeling  towards  him. 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  75 

Question.  Do  they  feel  a  willingness  to  contribute  their  share  in  the  payment  of  the  federal 
debt  contracted  in  the  prosecution  of  the  war? 

Answer.  I  think  so ;  they  know  they  have  to  do  it,  I  suppose ;  they  think  it  very  hard,  to 

Question.  If  they  had  an  opportunity  would  they  not  vote  against  the  payment  of  the 
federal  debt  ? 

Answer.  I  really  do  not  know  how  I  can  answer  that. 

Question.  Suppose  it  was  left  to  their  free  election,  to  be  decided  by  their  votes,  would  they 
repudiate  the  United  States  debt  ? 

Answer.  I  think  they  would. 

Question.  Suppose  it  was  left  to  their  votes  whether  or  not  the  confederate  debt  contracted 
in  the  prosecution  of  the  war  should  be  repudiated,  rejected,  and  annulled,  would  they  vote  to 
annul  it  ? 

Answer.  I  do  not  know,  really ;  I  never  thought  about  that.  I  do  not  know  that  I  can 
give  a  fair  answer  to  that. 

Question.  Is  there  not  in  your  mind  some  ground  to  apprehend  that  they  would  vote  to 
repudiate  it? 

Answer.  Yes ;  in  my  opinion  there  are  many  who  would  vote  to  repudiate  it. 

Question.  Have  you  any  idea  as  to  what  that  debt  is  ? 

Answer.  I  have  not ;  it  is  enormous. 

Question.  What  are  the  confederate  bonds  worth  now  in  the  market  in  Alexandria,  or  the 
confederate  currency  ? 

Answer.  There  are  frequent  applications  at  my  office  by  little  negroes  and  negro  women 
to  know  if  I  will  buy  rebel  money,  but  no  one  offers  to  buy  any. 

Question.  It  is  not  selling  for  anything  in  the  market  ? 

Answer.  No,  sir. 

Question.  Have  you  any  further  observation  that  you  wish  to  make  to  this  committee? 

Answer.  No,  sir,  I  do  not  know  of  any.  I  do  not  think  it  would  be  wise  to  force  negro 
suffrage  upon  the  people  now  in  their  present  condition ;  it  might  lead  to  difficulties  ;  I  don't 
mean  any  serious  public  difficulties,  but  difficulties  between  negroes  and  white  men  coming 
together  at  the  polls ;  there  might  be  broils  and  disturbances. 

Question.  In  case  the  negroes  should  be  given  the  right  of  suffrage  in  Virginia,  would 
they,  or  not,  be  likely  to  be  induced  by  their  old  masters,  or  the  party  embracing  their  old 
masters,  to  vote  for  them  and  for  their  interests  generally ;  in  short,  could  they  be  led  away 
like  a  herd  to  vote  as  they  should  be  dictated  to  by  their  old  masters? 

Answer.  I  do  not  think  they  could  now.  I  think  that  the  feeling  of  liberty  has  permeated 
through  the  country.  I  do  not  think  that  they  have  the  same  confidence  or  feeling  in  their 
old  masters  which  they  had  some  time  ago. 

Question.  Would  they  not  be  rather  likely  to  vote  the  other  way  ? 

Answer.  They  might.  I  know  that  they  are  very  easily  controlled,  but  their  mixture  with 
the  army  and  with  northern  people,  and  with  soldiers  at  military  posts,  has  broken  up  the 
old  feeling. 

Question.  In  your  military  service  did  you  ever  encounter  any  of  the  black  troops  on  the 
field  ? 

Answer.  No,  sir ;  I  never  encountered  any  black  troops  at  all ;  I  have  had  them  in  front 
of  me  on  picket. 

Question.  So  far  as  you  know,  or  have  been  informed,  what  is  their  quality  as  troops  ? 

Answer.  As  far  as  my  own  belief  is  concerned,  I  think  they  are  capable  of  being  made 
valuable  troops.  I  think  it  was  a  very  great  mistake  that  we  did  not  put  them  into  the 
service  of  the  Confederate  States  in  the  beginning. 

Question.  Why  did  not  your  confederacy  give  them  their  freedom  ? 

Answer.  That  is  what  I  say.  We  should  have  gone  to  work,  given  them  their  freedom, 
and  made  soldiers  of  them  ;  we  ought  to  have  held  up  their  freedom  as  a  bait  and  mustered 
them  all  into  the  service,  making  their  freedom  the  reward. 

Question.  Suppose  that,  instead  of  putting  them  into  the  confederate  service,  the  confed 
eracy  had  emancipated  the  entire  race  and  then  used  them  as  soldiers  ? 

Answer.  That  would  have  been  better;  we  then  would  have  had  a  prospect  of  success  ; 
but  the  people  were  not  prepared  for  it. 


WASHINGTON,  February  8,  1866. 
Dr.  M.  M.  Lewis  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 
Answer.  Alexandria,  Virginia. 
Question.  What  is  your  occupation  ? 
Answer.  Physician. 


76 


RECONSTRUCTION. 


Question.  Are  you  a  native  of  Virginia  7 

Answer.  I  am. 

Question.  How  long  have  you  resided  in  Alexandria  ? 

Answer.  Since  1847,  when  that  portion  of  Virginia  was  retroceded  to  Virginia. 

Question.  What  have  been  your  political  connexions  during  the  war  ? 

Answer.  I  was  with  the  confederate  army. 

(The  witness  was  cautioned  that  he  was  not  bound  to  state  anything  that  might  criminate 
himself. ) 

Question.  How  extensively  are  you  acquainted  with  the  people  in  your  vicinity  ? 

Answer.  I  have  been  a  practitioner  there  for  some  time,  and  have  quite  an  extensive 
practice  in  Alexandria,  but  my  intercourse  is  altogether  of  a  professional  character.  I 
never  was  a  politician  in  my  life,  and  have  less  disposition  to  be  one  now  than  ever. 

Question.  Do  you  know  the  state  of  public  feeling  in  that  county  ? 

Answer.  I  know  the  feeling,  pretty  much,  of  my  immediate  circle  of  intimate  friends.  We 
discuss  these  questions  very  little  now. 

Question.  What  is  the  feeling  towards  the  government  of  the  United  States  on  the  part  of 
secessionists  ? 

Answer.  I  believe  that  the  feeling  of  those  with  whom  I  conversed  is  very  friendly.  I  do 
not  know  anything  to  the  contrary.  I  believe  they  are  perfectly  willing  to  be  restored  to 
their  former  condition,  and  to  remain  as  good  citizens  as  any  north  of  Mason  and  Dixon's 
line.  I  believe  that  is  the  determination  of  pretty  much  everybody  that  I  have  conversed 
with. 

Question.  Is  there  not  a  feeling  of  deep  disappointment  as  to  the  result  of  the  war  ? 

Answer.  They  were  disappointed  in  this  respect — that  they  thought  they  would  be  restored 
to  their  position  in  the  Union  sooner  than  has  been  done.  They  are  anxious  to  resume  their 
relations,  and  to  be  again  represented  in  Congress. 

Question.  What  has  been  the  effect  upon  the  minds  of  secessionists  in  your  vicinity  or 
President  Johnson's  liberality  in  extending  pardons  and  amnesties  to  the  rebels  ? 

Answer.  I  do  not  know,  more  than  that  they  appreciate  it.  I  have  had  no  conversation 
with  many  who  have  been  pardoned.  I  have  been  so  exclusively  and  entirely  devoted  to 
my  profession,  from  necessity,  since  I  came  back,  that  I  have  conversed  very  little  with 
these  persons;  but  in  all  conversations  in  regard  to  the  President  they  have  always  spoken 
most  cordially  of  his  course,  and  they  are  very  anxious  and  willing  to  sustain  him  in  the 
administration  of  the  government.  I  really  think  that  the  resolutions  passed  by  the  Vir 
ginia  legislature  the  other  day  embody  very  completely  the  sentiments  and  tone  of  the  people 
of  Virginia.  I  believe  that  every  man  in  Virginia,  of  any  sense  or  standing,  subscribes  to 
those  resolutions  heartily  and  cheerfully. 

Witness  produces  a  copy  of  the  resolutions  referred  to,  which  are  as  follows : 

"  Resolved,  8fc.,  That  the  people  of  this  commonwealth,  and  their  representatives  here  as 
sembled,  cordially  approve  the  policy  pursued  by  Andrew  Johnson,  President  of  the  United 
States,  in  the  reorganization  of  the  Union.  We  accept  the  result  of  the  late  contest,  and  do 
not  desire  to  renew  what  has  been  so  conclusively  determined,  nor  do  we  mean  to  permit  any 
one  subject  to  our  control  to  attempt  its  renewal  or  to  violate  any  of  our  obligations  to  the 
United  States  government.  We  mean  to  co-operate  in  the  wise,  just,  and  firm  policy  adopted 
by  the  President,  with  all  the  energy  and  power  we  can  devote  to  that  object. 

"2d.  That  the  above  declaration  expresses  the  sentiments  and  purposes  of  all  our  people, 
and  we  denounce  the  efforts  of  those  who  represent  our  views  and  intentions  to  be  different, 
as  cruel  and  criminal  assaults  upon  our  character  and  interests.  It  is  one  of  the  misfortunes 
of  our  present  political  condition  that  we  have  among  us  persons  whose  interests  are  tempo 
rarily  promoted  by  such  false  representations;  but  we  rely  on  the  intelligence  and  integrity 
of  those  who  wield  the  powers  of  the  United  States  government  for  our  safeguard  against 
such  malign  influences. 

*'  3d.  That  involuntary  servitude,  except  for  crime,  is  abolished,  and  ought  not  to  be  re 
established;  and  that  the  negro  race  among  us  should  be  treated  with  justice,  humanity,  and 
good  faith,  and  every  means  that  the  wisdom  of  the  legislature  can  devise  should  be  use-  to 
make  them  useful  and  intelligent  members  of  society. 

"4th.  That  Virginia  will  not  voluntarily  consent  to  change  the  adjustment  of  political 
power  as  affixed  by  the  Constitution  of  the  United  States ;  and  to  constrain  her  to  do  so  in 
her  present  prostrate  and  helpless  condition,  with  no  voice  in  the  councils  of  the  nation, 
would  be  an  unjustifiable  breach  of  faith ;  and  that  her  earnest  thanks  are  due  to  the  Presi 
dent  for  the  firm  stand  he  has  taken  against  amendments  of  the  Constitution,  forced  through 
in  the  present  condition  of  affairs." 

Question.  You  think  these  resolutions  embody,  generally,  the  feeling  of  the  secession  peo 
ple  of  Virginia? 

Answer.  Yes,  sir. 

Question.  How  do  they  regard  the  freedrnen  ? 

Answer.  I  believe  they  would  treat  them  more  kindly  if  they  were  left  to  them,  and  not 
trammelled  or  bothered,  than  they  are  treated  now.  They  do  not  have  any  enmity  towards 
them.  There  is  a  feeling  of  indifference  towards  them.  The  people  would  rather  get  rid  of 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  77 

them  if  there  were  any  possible  means  of  doing  so.     They  are  a  nuisance,  in  the  present 
state  of  affairs.     They  will  not  work. 

Question    Will  they  not  work  if  they  are  paid  for  their  labor  ? 

Answer.  They  will  not  even  do  that,  unless  you  give  them  exorbitant  wages,  more  than 
you  could  get  the  labor  done  for  by  others. 

Question.  Have  they  been  demanding  higher  wages  than  white  laborers  ? 

Answer.  That  is  what  I  hear  from  the  farmers.  They  also  complain  that  they  will  not 
work  for  them  more  than  a  month  or  two. 

Question.  Is  there  not,  generally,  among  their  employers  a  disposition  to  constrain  the 
freedmen  to  work  at  low  wages  ? 

Answer.  I  rather  think  not.  Like  everybody  else,  they  like  to  get  labor  as  cheap  as  they 
can.  That  is  the  disposition  pretty  much  everywhere. 

Question.  Do  you  know  of  any  combinations  among  employers  to  keep  down  the  wages 
of  freedmen  ? 

Answer.  No,  sir  ;  I  do  not. 

Question.  There  is  no  general  understanding  to  that  effect  ? 

Answer.  No,  sir. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  freedmen  ? 

Answer.  That  I  never  heard  anybody  talk  about  I  do  not  suppose  they  would  object  to 
it  if  it  did  not  interfere  with  them  or  tax  them  too  much.  Our  communities  hare  never  been 
taxed  much  for  educating  our  white  poor,  and  I  suppose  they  wrould  not  like  to  be  taxed 
much  to  educate  the  negroes,  especially  in  the  present  state  of  poverty  in  the  south ;  but  I 
believe  the  disposition  on  the  part  of  the  people  there  would  be  to  treat  them  kindly,  and 
give  them  every  justice  that  they  are  entitled  to,  and  all  the  rights  they  are  competent  to 
exercise. 

Question.  Suppose  the  negro  should  be  allowed  to  vote  ? 

Answer.  Well,  of  course,  there  would  be  opposition  to  it ;  but  the  opposition  would  not 
amount  to  resistance  to  any  law. 

Question.  You  think  not  ? 

Answer.  I  should  think  not. 

Question.  Would  it  not  be  likely  to  lead  to  scenes  of  violence  and  riot  ? 

Answer.  No  more  than  in  any  election — in  the  city  of  Baltimore  for  instance — where  there 
might  be  some  drunken  rowdies  righting  at  the  polls.  I  do  not  think  there  would  be  any 
concert  of  action  on  the  part  of  the  intelligent  and  respectable  portion  of  the  community  to 
interfere  with  the  negroes'  voting. 

Question.  How  do  the  negroes  generally  behave ;  are  they  orderly  and  submissive  to  the 
law? 

Answer.  They  are  very  respectful  to  me,  and  I  cannot  say  that  I  have  seen  any  bad  mis 
behavior  on  the  part  of  the  negroes  in  Alexandria.  The  trouble  on  Christmas  day  was  more 
of  a  drunken  frolic  than  anything  else.  I  do  not  think  there  was  any  concert  of  action  or 
purpose  on  either  side. 

Question.  How  did  this  violence  at  Alexandria  break  out  ? 

Answer.  My  impression  is,  that  it  arose  from  drunken  parties  meeting  each  other  in  the 
street. 

Question.  Did  the  blacks  give  any  provocation,  so  far  as  you  know  ? 

Answer.  I  do  not  know  who  gave  the  provocation.  I  suppose  that  it  just  arose  from 
drunken  people  meeting  on  the  street.  I  think  it  was  whiskey,  not  design,  on  the  part  of 
either  party.  I  have  seen  just  as  much  disturbance  in  Alexandria  on  other  Christmas  days; 
certainly  I  have  dressed  as  many  wounded  men  on  other  Christmas  days  as  on  that  day. 
Down  at  Fishtown  I  have  dressed  more  wounds  in  a  day  in  the  fishing  season.  There  used 
to  be  always  rows  there.  There  was  some  alarm  expressed  by  white  persons  in  regard  to 
negroes  breaking  out  in  insurrection  that  day  ;  but  I  had  no  apprehension  of  it.  I  am  very 
certain  there  was  no  intention  on  the  part  of  the  whites  to  make  any  disturbance  that  day. 
In  a  community  there  will,  of  course,  be  some  men  fond  of  kicking  up  a  fuss  or  disturbance. 
I  believe  the  people  of  the  south  would  be  better  citizens  than  ever  they  were  if  they  were 
just  allowed  to  assume  their  old  position  under  the  government.  Of  course  they  have  feel 
ings  which  they  cannot  divest  themselves  of  as  yet ;  but  those  feelings  would  be  soothed 
down  very  much  by  a  restoration  to  their  former  relations  with  the  government. 

Question.  What  are  your  personal  feelings  now  towards  the  government  of  the  United 
States? 

Answer.  My  personal  feelings  are  for  the  success  and  prosperity  of  the  government.  I 
have  no  unkind  feeling  towards  the  government,  and  never  had  any,  so  far  as  that  is  con 
cerned. 

Question.  Suppose  the  United  States  should  have  a  war  with  some  foreign  power,  such  as 
England  or  France,  do  you  not  fancy  that  a  considerable  portion  of  the  secessionists  would 
be  ready  to  embrace  the  cause  of  the  common  enemy  ? 

Answer.  That  is  a  question  which  I  have  often  thought  of,  but  which  I  am  not  prepared 
to  answer.  I  think  it  is  very  doubtful.  Of  course  there  would  be  some  who  would  do  so. 
As  to  my  own  feeling,  I  would  be  very  willing  to  be  let  alone,  to  stay  at  home,  or  to  accept 
a  position  in  the  United  States  as  in  the  confederate  army. 


78  RECONSTRUCTION. 

Question.  You  would  be  willing  to  fight  the  common  enemy  7 

Answer.  Yes,  sir ;  as  a  surgeon,  in  my  profession.  But  I  believe  that  feeling  would  dis 
sipate  very  thoroughly,  or  certainly  very  quickly,  by  a  speedy  acceptance,  on  the  part  of 
the  federal  government,  of  the  States  back  into  the  Union.  I  think  they  are  harassed  a 
little. 

Question.  Was  there  not,  during  the  rebellion,  a  very  strong  desire  to  have  the  govern 
ment  involved  in  a  war  with  France  or  England  ? 

Answer.  Oh,  certainly  there  was. 

Question.  Was  there  not  a  pretty  prevalent  feeling  that,  rather  than  submit  to  the  govern 
ment  of  the  United  States,  they  would  prefer  to  be  under  the  protection  of  France  ? 

Answer.  That  was  expressed  by  a  good  many  persons ;  not  that  the  objection  was  so  much 
to  the  government  of  the  United  States  under  its  Constitution,  but  to  being  under  the  con 
trol  of  the  black  republican  party. 

Question.  They  did  not  like  that  party  at  all  ? 

Answer.  No,  sir. 

Question.  How  do  they  feel  towards  the  black  republican  party  now  ? 

Answer.  I  do  not  know  that  they  have  any  very  kind  feeling  towards  them. 

Question.  How  do  they  feel  towards  the  majority  of  both  houses  of  Congress  ? 

Answer.  I  think  they  would  rather  see  the  black  republican  party  out  of  power,  and  some 
other  party  in  power. 

Question.  You  think  it  probable  they  have  more  respect  and  attachment  for  President 
Johnson  than  they  have  for  the  majority  in  Congress  ? 

Answer.  Probably  they  may,  simply  from  the  fact  that  President  Johnson  is  disposed  to 
view  their  present  condition  more  leniently,  and  is  more  anxious  to  restore  them  to  their 
original  rights ;  whereas  the  black  republican  party  is  not  disposed  to  do  so. 

Question.  Have  they  not  an  idea  that  Mr.  Johnson  is  willing  to  have  them  readmitted  to 
both  houses  of  Congress  without  any  further  delay  ? 

Answer.  So  far  as  my  information  goes,  I  should  suppose  that  they  may  be  under  that 
impression ;  that  President  Johnson  is  somewhat  anxious  to  have  them  restored  immediately. 

Question.  And  they  suppose  that  the  black  republican  party  is  opposed  to  that  ? 

Answer.  I  suppose  so.  They  think  this :  that  when  they  went  out  of  the  Union,  as  they 
thought  legally  and  constitutionally,  and  as  they  submitted  that  to  the  arbitration  of  the 
sword,  which  arbitration  has  been  decided  against  them,  they  are  willing  to  abide  by  the 
decision  ;  and  as  the  republican  party  never  acknowledged  that  they  were  out  of  the  Union, 
they  do  not  see  now  why  they  should  be  compelled  to  bring  about  another  war  to  fight  their 
way  back  into  the  Union.  That  party  never  admitted  that  they  were  out  of  the  Union. 

Question.  It  is  a  very  general  impression  among  the  secessionists,  is  it  not,  that  they  were 
out  of  the  Union  ? 

Answer.  There  were  certain  men  who  believed  in  the  doctrine  of  secession,  and  certain 
men  who  did  not  believe  in  it.  Those  who  believed  in  the  right  of  secession  believed,  of 
course,  that  they  were  legally  and  constitutionally  out  of  the  Union,  and  were  no  longer  sub 
ject  to  the  authority  of  the  United  States. 

Question.  Did  you  belong  to  that  school  ? 

Answer.  Yes,  sir,  I  belonged  to  that  school.  I  believed  we  had  a  perfect  right  to  go  out. 
I  went  out,  not  because  I  objected  to  the  government  of  the  United  States,  but  because  I  was 
engaged  with  that  party.  I  belonged  to  that  school  and  entertained  that  opinion. 

Question.  Have  you  changed  that  opinion  now  ? 

Answer.  I  have  changed  it  so  far  as  the  practicability  of  it- 
Question.  Have  you  changed  it  as  a  legal  principle  .' 

Answer.  I  believe,  sir,  that  the  States,  according  to  their  understanding  of  the  constitution, 
had  a  right  to  go  out. 

Question.  Do  you  hold  also  that  the  people  of  a  county  in  Virginia  have  a  right  to  secede  ? 

Answer.  No,  sir  ;  that  is  a  different  proposition  altogether. 

Question.  Different  in  what  respect  ? 

Answer.  The  States  have  delegated  to  a  government  certain  powers.  Beyond  those  pow 
ers  the  government  has  no  control. 

Question.  Did  not  the  county  also  delegate  powers  to  the  State  government  ? 

Answer.  No,  sir. 

Question.  How  did  the  State  government  obtain  its  powers  except  from  the  counties  ? 

Answer.  The  State  government  organized  the  counties.  The  States  were  organized  before 
the  Union,  and  the  State  was  organized  before  the  counties.  The  States  created  the  Union, 
but  the  counties  did  not  create  the  State. 

Question.  Who  created  the  State  ? 

Answer.  The  people  created  the  State.     The  people  voted  in  mass. 

Question.  At  the  time  the  people  created  the  State,  to  what  government  did  they  belong  ? 

Answer.  The  old  States  belonged  to  themselves. 

Question.  Did  they  not  belong  to  England  ? 

Answer.  They  belonged  to  England ;  but  when  they  achieved  their  independence  they 
were  acknowledged  as  sovereign  and  independent  States. 

Question.  Who  achieved  their  independence  ? 

Answer.  They  did  it  jointly. 


VIRGINIA— NORTH   CAROLINA — SOUTH    CAROLINA.  79 

Question.  Then  they  all  achieved  the  independence  of  each  ? 

Answer.  Yes. 

Question.  And  hence  you  derive  the  right  of  each  to  secede  from  the  rest  ? 

Answer.  Yes ;  there  was  no  Union  at  that  time.  The  Union  existed  for  the  accomplish 
ment  of  a  certain  purpose. 

Question.  Do  you  think  of  anything  else  you  want  to  say  on  this  examination  ? 

Answer.  No,  sir.  As  far  as  my  individual  self  is  concerned,  I  am  anxious,  and  I  believe 
everybody  is  anxious,  to  get  back  and  to  go  into  the  old  routine  and  condition  of  affairs.  I 
believe  that  if  the  southern  States  were  restored  they  wrould  be  as  loyal  and  true  and  as  obe 
dient  to  the  laws  of  the  country  as  any  State  in  the  Union.  So  far  as  the  negroes  are  con 
cerned,  I  expect  the  people  would  like  to  get  rid  of  them.  The  south  is  in  a  verv  bad  condi 
tion  now  to  take  care  of  so  large  a  population,  but  I  believe  she  would  give  them  just  as  much 
rights  as  any  other  class  of  people. 

Question.  How  do  the  secessionists  look  upon  the  copperhead  party  of  the  north  ? 

Answer.  I  suppose  they  look  upon  them  more  favorably,  as  being  disposed  to  sympathize 
with  them  more  than  the  other  party. 

Question.  Do  they  not  generally  look  to  the  copperhead  party  for  support  and  encourage 
ment? 

Answer.  They  look  to  what  we  call  the  democratic  party,  I  suppose. 

Question.  Do  they  not  look  toward  a  reunion  of  the  democratic  party  for  success  in  politics  ? 

Answer.  I  suppose  that  politicians  generally  look  to  their  friends  for  support,  but  I  do  not 
pretend  to  say  what  politicians  intend  to  do. 

Question.  Do  not  secessionists  entertain  a  very  peculiar  respect  for  that  class  of  northern 
men,  now  known  as  copperheads,  who  discouraged  the  war  on  the  part  of  the  government  ? 

Answer.  It  would  be  natural  for  them  to  do  so ;  I  suppose  they  do. 


WASHINGTON,  February  8,  1866. 
Dr.  J.  B.  Johnson  sworn  and  examined. 
By  Mr.  HOWARD: 

Question.  Where  do  you  reside  ? 

Answer.  Alexandria,  Virginia. 

Question.  Are  you  a  practicing  physician  in  Alexandria  ? 

Answer.  Yes. 

Question.  How  long  have  you  resided  in  Virginia? 

Answer.  I  am  a  native  of  Virginia. 

Question.  What  was  your  occupation  during  the  war  ? 

Answer.  That  of  a  physician. 

Question.  Were  you  practicing  at  Alexandria  ? 

Answer.  Yes. 

Question.  What  political  party  were  you  connected  with  during  the  war  or  since  the  war? 

Answer.   The  States-rights  party. 

Question.  Did  you  take  any  part  in  the  war  7 

Answer.  No,  sir,  none. 

Question.  Are  you  well  acquainted  with  the  state  of  public  feeling  in  Virginia  toward  the 
government  of  the  United  States  ? 

Answer.  I  have  had  opportunities  since  the  cessation  of  hostilities  of  observing  the  temper 
and  character  of  the  people. 

Question.  Does  the  secession  part  of  the  people  generally  feel  kindly  toward  the  government 
of  the  United  States? 

Answer.  They  manifest  no  opposition.  They  show  perfect  obedience  to  the  laws,  procla 
mations,  and  orders  of  the  government ;  that  is,  among  that  class  of  the  people  whom  we  ex 
pect,  of  course,  to  be  law-abiding  and  good  citizens. 

Question.  Do  you  not,  habitually  or  occasionally,  hear  contemptuous  expressions  towards 
the  government  ? 

Answer.  Yes,  sir,  I  do  sometimes. 

Question.  Have  any  instances  of  violence  come  within  your  notice  growing  out  of  differ 
ences  of  political  opinion  since  the  war  ? 

Answer.  Nothing  of  any  consequence,  except  those  little  street  disturbances,  which  are 
always  liable  to  occur — mere  matters  of  police. 

Question.  Is  there  not  a  deep  feeling  of  disappointment  and  chagrin  on  the  part  of  seces 
sionists  at  the  result  of  the  war  ? 

Answer.  I  do  not  observe  it.  They  all  seem  to  be  cheerful,  and  to  take  the  result  as  a  mat 
ter  of  course.  They  seem  to  be  perfectly  reconciled,  and  to  be  returning  to  habits  of  peace 
as  rapidly  as  they  can.  I  see  no  bitterness  about  their  disappointment. 

Question.  Do  they  generally  regard  the  question  of  the  right  of  secession  as  having  been 
settled  by  the  sword  ? 


80  RECONSTRUCTION. 

Answer.  It  seems  to  me  so.  That  is  the  expression  of  the  majority  of  those  with  whom  I 
have  conversed. 

Question.  Do  they  generally  hold,  at  present,  that  a  State  has  the  right  to  secede  from  the 
Union? 

Answer.  I  have  heard  no  expressions  of  such  an  opinion,  either  public  or  private. 

Question.  You  think  that  practically  the  result  of  the  war  has  decided  that  question  in 
their  minds  ? 

Answer.  I  do  think  so,  from  my  observation. 

Question.  How  do  this  class  of  people  generally  feel  toward  the  freedmen  ? 

Answer.  Very  kindly.  We  have  had  no  difficulty  there  or  dispute  with  the  negroes, 
except  on  one  occasion,  on  Christmas  day.  A  crowd  of  drunken  white  people  got  into  a 
miscellaneous  row  with  negroes ;  but  the  negroes  are  generally  treated  kindly.  My  own 
negroes,  with  the  exception  of  one,  have  returned  to  me.  My  own  negro  boy,  whom  I  have 
owned  since  infancy,  has  returned  to  me  after  having  been  employed  in  the  commissary  de 
partment  in  Alexandria,  at  the  rate  of  thirty-five  dollars  a  month  and  rations.  He  has 
returned  to  his  old  status.  The  feeling  between  the  negroes  and  their  former  masters  seems 
to  be  perfectly  kind ;  I  see  the  negroes  working  as  usual. 

Question.  From  what  you  know  of  the  feeling  in  Virginia,  have  you  any  reason  to  sup 
pose  that  a  majority  of  Virginians  would  now,  if  left  to  their  free  choice,  decide  in  favor  of 
a  southern  independent  government? 

Answer.  I  cannot  say ;  I  am  in  that  position  of  life  that  does  not  justify  me  in  giving 
expression  to  what  public  sentiment  would  be ;  I  do  not  feel  able  to  answer  the  question 
satisfactorily,  because  I  am  not  informed  on  the  subject ;  but  I  may  say  that  I  have  scarcely 
met  a  single  person  among  the  secessionists  who  does  not  really  accept  the  matter  as  settled, 
and  seem  to  be  satisfied  with  it. 

Question.  How  do  they  regard  the  Freedmen's  Bureau? 

Answer.  We  really  have  very  little  to  do  with  the  Freedmen's  Bureau. 

Question.  You  do  not  like  it  much  ? 

Answer:  Well,  we  do  not  object  to  it ;  we  have  but  very  little  difficulty  with  the  negro. 
A  negro  occasionally  commits  a  theft,  and  is  handed  over  to  the  Freedmen's  Bureau  and  tried, 
and  that  is  the  end  of  it. 

Question.  Are  negroes  more  thievish  than  white  men  of  about  that  condition  ? 

Answer.  I  think  not.  I  really  do  think  that  the  negroes  of  the  south,  (and,  indeed,  it  has 
been  the  experience  of  a  great  many  strangers  among  us,)  as  a  class  of  sen-ants,  really  enjoy 
a  higher  morality  than  any  other  class  of  the  kind  on  the  face  of  the  earth ;  that  is  my  im 
pression.  Situated  as  they  have  been  in  slavery,  they  have  never  had  the  temptation  to 
steal ;  if  they  did  steal,  or  take  from  their  masters,  as  a  matter  of  course  it  would  be  noticed. 

Question.  Are  they  not  generally  as  veracious,  as  truth-telling,  as  the  like  condition  of 
whites  ? 

Answer.  Yes,  sir;  I  must  say  that  they  are;  there  is  as  much  honesty  and  veracity 
among  them.  Since  the  war  I  have  tried  both  white  and  black  servants,  but  I  declare  that 
I  did  not  see  any  difference  in  morality ;  my  experience  is,  that  the  negroes  are  a  great  deal 
better  than  the  same  class  of  whites ;  I  must  really  decide  in  favor  of  the  negroes. 

Question.  Is  there  any  other  statement  that  you  desire  to  make  to  the  committee? 

Answer.  No,  sir,  I  believe  not. 


WASHINGTON,  February  9,  1866. 
Dr.  Arthur  Watson  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  What  is  your  occupation,  and  where  is  your  residence  ? 

Answer.  I  have  a  temporary  residence  at  this  time  at  Petersburg,  Virginia ;  I  am  a  col 
lector  of  the  United  States  direct  tax  at  that  place ;  my  permanent  residence  is  in  Accomac 
county,  Virginia. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  I  am. 

Question.  What  are  you  by  profession  T 

Answer.  I  am  a  physician. 

Question.  How  extensive  is  your  acquaintance  in  Virginia  ? 

Answer.  I  am  acquainted  with  a  great  many  persons  in  Richmond,  having  been  a  member 
of  the  legislature  some  four  or  five  years  before  the  war.  I  am  acquainted  with  a  great  many 
persons  in  Norfolk,  and  pretty  extensively  acquainted  on  the  eastern  shore  of  Virginia,  in 
Accomac  and  Northampton  counties  ;  I  have  also  some  acquaintance  in  other  parts  of  the 
State ;  I  have  a  great  many  acquaintances  in  Alexandria,  having  been  a  member  of  the 
State  constitutional  convention  that  sat  there  in  1864 ;  and  I  have  been  there  frequently 

other  times. 


VIRGINIA NORTH   CAROLINA — SOUTH    CAROLINA.  81 

Question.  So  far  as  yon  know,  what  is  the  general  feeling  among  the  secessionists  of  Yir 
ginia  towards  the  government  of  the  United  States  ? 

Answer.  So  far  as  I  know,  the  feeling  of  the  secession  population  of  Virginia  is  hostile  to 
the  government  of  the  United  States  ;  equally  as  much  so,  I  think,  as  it  was  just  previous  to 
and  during  the  rebellion. 

Question.  Do  you  think  that  President  Johnson's  liberality  in  granting  pardons  and  am 
nesties  has  had  any  effect  in  either  increasing  or  diminishing  their  feelings  of  unfriendliness 
towards  the  government  of  the  United  States  ? 

Answer.  The  policy  of  President  Johnson  has  had  a  tendency  to  increase  the  opposition  to 
the  government. 

Question.  What  has  been  the  effect,  in  your  judgment,  of  his  liberal  policy  upon  the  minds 
of  the  people  ? 

Answer.  Directly  subsequent  to  the  surrender  of  the  confederate  forces,  the  secessionists 
were  all  claiming  to  be  very  loyal  to  the  government;  that  having  been  subdued,  they  felt  it 
their  duty  to  acquiesce  in  the  demands  of  the  government,  and  the  idea  was,  that  they  in 
tended  to  be  strictly  loyal ;  but  the  policy  of  President  Johnson  has  induced  them  to  think 
that  their  punishment,  if  any  at  all  is  inflicted  upon  them,  will  be  very  light ;  and  my  im 
pression  is,  that,  in  consequence  of  that,  they  have  become  more  defiant  and  hostile  to  the 
government  in  their  expressions  and  acts. 

Question.  What  are  their  expressions  towards  the  government  in  their  ordinary  conversa 
tion,  so  far  as  you  have  observed — respectful  or  contemptuous  1 

Answer.  Contemptuous ;  going  so  far  as  to  say  that  they  are  ready  at  any  moment,  if  the 
opportunity  presents  itself,  to  take  up  arms  against  the  government ;  that  expression  was 
used  by  one  secessionist  in  Richmond,  Virginia. 

•Question.  In  your  presence  ? 

Answer.  No,  sir;  but  it  was  told  me  by  the  gentleman  who  had  just  heard  it,  but  a  few 
moments  afterwards — a  gentleman  upon  whose  statement  I  could  rely. 

Question.  A  man  of  credit  and  of  good  character? 

Answer.  Yes,  sir. 

Question.  Have  you  reason  to  believe  that  such  expressions  are  frequent  among  the  seces 
sionists  '? 

Answer.  I  am  under  the  impression  that  they  are  among  themselves  ;  I  do  not  think  they 
are  frequent  before  loyal  men. 

Question.  Do  they  express  any  unwillingness  to  take  office  under  the  government  of  the 
United  States  ? 

Answer.  'I  have  heard  no  such  expressions  recently 

Question.  You  have  not  ? 

Answer.  No,  sir,  not  recently. 

Question.  Have  you  the  slightest  idea  that  those  leading  secessionists  would  take  office 
tinder  the  government  of  the  United  States,  if  they  had  an  opportunity  ? 

Answer.  I  think  some  of  them  would ;  some  of  them,  I  think,  would  not. 

Question.  How  do  they  feel  in  regard  to  the  federal  debt,  contracted  for  the  prosecution  of 
the  war,  and  the  suppression  of  the  rebellion  ? 

Answer.  In  my  presence,  when  coming  before  me  to  pay  the  direct  tax  which  I  have  been 
collecting,  they  have  appeared  to  pay  it  very  willingly;  but,  outside,  I  have  heard  expres 
sions  used  in  regard  to  the  matter,  different  from  what  they  express  before  me.  In  my  pres 


ence  they  seem  to  be  perfectly  willing  to  pay  the  tax. 
Question.  I  refer  to  the  general  feeling  of  t 


the  secession  party  on  the  subject. 

Answer.  I  would  add,  that  I  was  in  the  office  of  the  editor  of  the  Richmond  Enquirer 
one  day,  and  I  heard  him  say  that  he  was  opposed  to  the  assumption  of  the  direct  tax  by 
the  State  of  Virginia,  for  the  reason  that  they  had  no  representation  in  Congress,  and  there 
fore  ought  not  to  be  taxed.  Governor  Wise  was  present  at  the  time  and  acquiesced  ;  not  by 
using  such  expressions  himself,  but  he  appeared  to  acquiesce  in  the  sentiments  advanced  by 
Mr.  Tyler,  the  editor  of  the  Enquirer. 

Question.  Did  Governor  Wise  evince  any  anxiety  to  have  the  State  of  Virginia  again 
represented  in  Congress,  and  immediately  ? 

Answer.  I  never  heard  him  express  himself  on  that  point. 

Question.  He  has  not  been  pardoned  yet  ? 

Answer.  I  think  not ;  he  has  never  taken  the  oath,  I  believe.  When  addressing  the  State 
guard,  now  forming  in  Virginia — now  reviving  the  one  in  existence  before  the  war — he  is 
represented  in  the  papers  as  saying  that  he  had  not  taken  the  oath,  and  never  intended  to 
take  the  oath  of  allegiance  to  the  government  of  the  United  States;  that  was  his  public 
declaration  as  published  in  the  papers  of  Richmond. 

Question.  What  is  the  object  and  purpose  of  this  State  guard,  of  which  you  have  made 
mention  ? 

Answer.  I  believe  it  is  for  the  purpose  of  protection  to  the  capitol  and  the  public  property 
in  Richmond  principally.  The  fetate  has  always  had  a  guard  there. 

Question,  lias  there  been  a  statute  enacted  by  the  legislature  of  Virginia  to  keep  up  this 
guard,  or  is  it  only  in  contemplation  / 

6  V  MC  SC 


82  y:  RECONSTRUCTION. 

Answer.  I  have  seen  no  act  of  the  legislature  during  the  present  session  for  that  purpose. 
Question.  Upon  what  ground  does  it  stand? 

Answer.  I  presume  there  is  a  law  for  the  purpose  of  keeping  a  State  guard. 
Question.  Have  you  any  idea  when  that  law  was  passed  ? 
Answer.  I  have  not. 

Question.  Was  it  an  act  passed  by  the  secession  legislature  or  convention  ? 
Answer.  I  think  that  in  all  probability  the  act  was  in  existence  before  the  war. 
Question.  What  is  the  danger  to  be  guarded  against  by  this  State  guard  ? 
Answer.  I  do  not  know  of  any  particular  danger,  except  that  we  all  know  that  depreda 
tions  may  be  committed  upon  public  as  well  as  private  property  without  some  protection 
over  it.     The  guard  was  probably  intended  to  protect  the  public  property  in  Richmond  from 
depredations  of  any  kind. 

Question.  Of  what  class  of  persons  does  the  guard  chiefly  consist — of  rebels  or  of  Union 
men? 

Answer.  I  cannot  say ;  I  presume  they  are  reconstructed  rebels,  those  who  have  been 
secessionists,  but  I  do  not  know  their  character.  I  believe  the  guard  has  not  yet  been  fully 
organized;  it  is  in  process  of  formation. 

Question.  How  numerous  is  the  guard  to  be  ? 

Answer.  I  think  the  legislature  lias  the  naming  of  the  number;  there  have  been  various 
numbers  named,  if  I  am  not  mistaken ;  what  number  has  actually  been  fixed  upon  I  cannot 
say  ;  it  seems  to  me  it  was  sixty  to  seventy — somewhere  in  that  neighborhood. 

Question.  'Does  that  organization  extend  over  the  State,  or  is  it  confined  to  the  city  of 
Richmond  ? 

Answer.  I  do  not  think  it  extends  any  further  than  the  city  of  Richmond ;  I  think  it  is 
intended  principally  for  the  protection  of  the  public  property  there. 
Question.  It  was  this  guard  that  Governor  Wise  addressed  ? 
Answer.  Yes,  sir. 

Question.  Was  the  remark  of  his,  which  you  have  referred  to,  received  by  that  guard  with 
cheers,  or  in  silence  ? 

Answer.  I  do  not  know ;  I  was  not  present  when  it  was  made ;  I  only  saw  the  account 
published  in  the  newspapers. 

Question.  How  do  the  rebels  feel  in  regard  to  the  payment  of  the  rebel  debt  ? 
Answer.  I  have  heard  no  expression  of  opinion  in  regard  to  that  matter ;  they  are  not 
disposed  to  express  themselves  freely  before  me,  knowing  my  position;  therefore,  1  have  no 
positive  evidence  of  their  feelings,  but  I  have  my  opinion  about  it. 

Question.  What  is  the  confederate  scrip  now  worth  in  the  city  of  Richmond? 
Answer.  Nothing. 
Question.  Nothing  at  all  ? 
Answer.  No,  sir. 

Question.  Is  it  an  article  of  traffic  ? 
Answer.  I  think  not. 

Qiiestion.  When  is  that  scrip  payable  ?  , 

Answer.  I  really  cannot  answer  that  question;  I  do  not  recollect  that  I  have  examined 
into  that  matter,  for  I  have  felt  very  little  interest  in  it,  and  cannot  tell  when  it  is  made 
payable. 

Question.  Was  it  not  made  payable  within  a  certain  time  after  the  conclusion  of  a  treaty 
of  peace  between  the  government  of  the  United  States  and  the  confederate  government  ? 
Answer.  I  think  that  is  so,  now  that  you  have  recalled  it  to  my  recollection. 
Question.  You  have  no  idea,  I  suppose,  that  the  secessionists  of  Virginia  are  really  anxious 
to  pay  that  rebel  debt  ? 

Answer.  I  have  no  evidence  that  they  are  anxious  to  pay  it. 

Question.  In  your  opinion,  would  they  take  it  very  hard  if  they  should  be  absolutely  pro 
hibited  from  paying  that  rebel  debt,  or  any  part  of  it? 

Answer.  If  1  were  to  give  my  impressions  about  the  matter — I  do  not  know  that  they  are 
based  upon  any  reasonable  and  positive  foundation — I  would  say  that  they  desire  that  that 
rebel  debt  should  be  paid,  and  that  the  federal  debt  should  not  be  paid.  But  that  is  only  an 
opinion  of  mine,  from  the  fact,  simply,  that  I  know  they  are  very  disloyal,  and  opposed  to 
the  federal  government. 

Question.  In  case  of  a  war  between  the  United  States  and  any  foreign  power — say  Eng 
land  or  France,  for  instance — what  would  be  the  general  feeling  of  the  secessionists  of  Vir 
ginia  towards  the  government  of  the  Tinted  States? 

Answer.  My  impression  is,  that  if  a  favorable  opportunity  presented  itself,  when  they 
thought  they  might  be  successful,  they  would  unite  with  France  or  England  in  opposition  to 
the  federal  government. 

Question.  Suppose  we  were  thus  engaged  in  a  war,  and  the  contest  should  become  severe, 
and  the  prospect  of  a  favorable  termination  of  the -Avar  for  the  government  of  the  United 
States  should  become  doubtful,  what  course  would  the  secessionists  of  Virginia  be  likely  to 
take? 

Answer.  I  am  satisfied  they  would  take  part  with  any  foreign  power  against  the  govern- 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  83 

ment  of  the  United  States ;  or,  if  they  thought  they  had  the  power  to  succeed,  they  would 
again  take  up  arms  against  the  federal  government  in  support  of  a  government  of  their  own. 

Question.  With  reference  to  a  conflict  with  a  foreign  power,  do  you  regard  the  secession 
ists  of  Virginia  «s  an  element  of  strength  or  of  weakness  to  the  United  States? 

Answer.  I  should  regard  them  as  an  element  of  weakness. 

Question.  You  think  there  would  be  danger  of  their  joining  the  enemy? 

Answer.  I  do. 

Question.  How  do  they  feel,  generally,  towards  the  freedinen,  and  towards  the  policy  of 
the  government  which  has  made  the  negro  free  ? 

Answer.  1  think  their  feelings  are  those  of  hostility  towards  the  negro,  and  that  they  are 
opposed  to  the  policy  which  has  made  him  free. 

Question.  If  they  had  the  power,  do  you  think  they  would  again  reduce  the  blacks  to 
slavery  ? 

Answer.  My  impression  is  that  they  would. 

Question.  How  are  the  freed  men  generally  treated  by  them  ? 

Answer.  So  far  as  my  observation  has  extended,  I  have  seen  no  acts  of  cruelty  towards 
the  freed  men. 

Question.  Have  you  heard  of  any  acts  of  cruelty  from  authentic  sources  ? 

Answer.  I  have  heard  of  acts  of  cruelty  from  sources  that  I  could  rely  upon. 

Question.  Such  as  scourging  and  torturing  the  blacks  ? 

Answer.  I  have  heard  of  such  only  through  the  papers. 

Question.  Do  you  know  of  any  combinations  among  the  secessionists  to  keep  down  the 
wages  to  be  paid  the  blacks  for  their  labor  ? 

Answer.  There  was  a  meeting  held  some  weeks  ago  at  a  place  called  Turkey  Neck,  pre 
sided  over  by  a  man  named  Hill  Carter,  pretty  well  known  in  Virginia.  At  that  meeting 
resolutions  were  passed  fixing  the  wages  of  the  blacks,  and  providing  for  their  punishment 
in  case  they  did  not  come  up  to  their  contracts,  by  way  of  a  reduction  of  wages,  and  in  other 
respects,  of  which  I  do  not  now  recollect  the  particulars. 

Question.  Have  you  reason  to  believe  that  such  combinations  exist  throughout  the  State 
of  Virginia  ? 

Answer.    I  have  heard  only  of  two  instances — the  one  I  have  mentioned,  and  one  other. 

Question.  What  is  the  political  character  of  the  present  legislature  of  Virginia? 

Answer.  Their  political  character  is  that  of  secessionists ;  a  large  majority  of  them  call . 
themselves  democrats.  Indeed,  I  may  say  that  a  large  majority  of  them  were  rebels  during 
the  war.  I  know  of  but  two  or  three  members  of  that  legislature  who  are  considered  every 
where  as  unconditional  Union  men. 

Question.  What  schemes  do  those  men  entertain  in  reference  to  the  future  ? 

Answer.  My  impression  is  that  their  object  is  to  obtain  representation  in  Congress,  and 
then  unite  with  the  democratic  party  in  the  north,  and  thus  obtain  control  of  the  government 
of  the  United  States. 

Question.  And  what  do  you  think  they  propose  to  accomplish  in  that  event  ? 

Answer.  In  that,  event  I  think  they  would  endeavor  to  re-establish  slavery  and  repudiate, 
the  national  debt,  if  they  had  the  power,  and  so  legislate  as  to  endanger  the  government  of 
the  United  States. 

Question.  Suppose  that  they  should,  by  combination  north  and  south,  elect  a  President  of 
the  United  States  Avho,  like  Mr.  Buchanan,  held  that  it  was  incompetent  and  unconstitutional 
for  the  government  of  the  United  States  to  use  the  federal  army  and  navy  to  coerce  a  State  ; 
what  would  they  do  ? — would  they  again  attempt  to  go  out  of  the  Union  ? 

Answer.  My  impression  is  that  they  would. 

Question.  For  in  that  event  they  would  not  anticipate  any  war  ? 

Answer.  No,  sir. 

Question.  Have  you  any  doubt  about  that? 

Answer.  Not  in  my  own  mind. 

Question.  Do  you  think  of  anything  else  you  deem  it  important  to  state  ? 

Answer.  I  would  like  to  Taring  to  your  notice  the  action  of  the  present  legislature.  We 
had  a  legislature  which  sat  in  June,  1665.  That  legislature  was  composed  of  less  than  thirty 
members,  embracing  both  houses ;  although  the  constitution  of  Virginia  requires  that  the 
lower  house  of  the  legislature  shall  consist  of  not  less  than  eighty  nor  more  than  one  hundred 
and  four  members,  and  the  senate  shall  consist  of  not  less  than  one-third  nor  more  than  one- 
half  of  the  number  of  the  lower  house,  in  order  to  compose  a  constitutional  legislature.  That 
legislature  in  June  last,  composed  of  less  than  thirty  members,  passed  an  act  enfranchising 
those  people  of  Virginia  who  had  been  disfranchised  by  the  constitution  as  amended  in  Alex 
andria  in  1^64  ;  that  is,  they  submitted  to  the  people  of  Virginia  the  proposition  whether 
the  third  article  of  that  constitution  should  be  amended.  There  was  a  majority  of  votes  cast 
in  favor  of  amending  that  article  of  the  constitution. 

The  legislature  elected  ih  the  fall  of  1865  assembled  in  Richmond  on  the  1st  of  December, 
1865,  and  they  amended  the  third  article  of  the  constitution  of  Virginia  so  as  to  enfranchise 
and  give  to  themselves  the  right  to  hold  office  as  members  of  that  legislature ;  whereas  the 
third  article  of  the  constitution  of  Virginia  expressly  provides  that  no  man  shall  either  vote 
or  hold  office  in  Virginia  who  has  ever  held  office  under  the  government  of  th  Confederate 


84  RECONSTRUCTION. 

States,  or  under  any  State  government  in  rebellion  against  the  government  of  the  United 
States.  By  that  third  article  those  very  men  were  prohibited  either  from  voting  or  holding 
any  office  under  the  State  of  Virginia.  But  before  amending  that  third  article  of  the  consti 
tution  of  Virginia,  which  they  claimed  they  had  the  right  to  do  because  of  the  people  of  Vir- 
.ginia  voting  in  favor  of  amending  it,  they  took  their  seats  and  removed  the  prohibition  which 
•  the  constitution  placed  upon  themselves. 

Question.  That  was  ail  unconstitutional  proceeding  on  their  part  ? 

Answer.  Certainly. 

Question.  Entirely  revolutionary? 

Answer.  Yes,  sir;  and  I  claim  that  in  consequence  of  that  proceeding  they  have  not  ad- 
iministered  the  government  in  a  republican  manner — that  they  were  usurpers  ;  I  have  written 
-•an  article  to  that  effect,  which  I  intended  to  have  published,  but  which  I  have  not  yet  pub- 
.lished.  I  also  claim  that  Governor  Peirpoint,  in  recognizing  the  illegal  legislature  of  June, 
1865,  and  in  recognizing  the  present  legislature  before  the  constitutional  prohibition  was 
removed,  usurped  power  which  was  expressly  prohibited  to  him. 

Question.  And  the  result  is  that  the  government  of  the  State  of  Virginia  is  in  the  hands  of 
ithe  rebels. 

Answer.  Entirely  so ;  by  their  own  illegal  and  unconstitutional  acts. 

Question.  Are  you  aware  that  President  Lincoln  interfered  in  any  way  in  that  respect  I 

Answer.  I  am  not. 

Question.  Did  Governor  Peirpoint  remonstrate  or  protest  against  any  such  proceeding? 

Answer.  He  did  not.  I  was  told  by  a  reliable  gentleman  that  his  attention  was  called  to 
the  fact,  but  he  made  no  remonstrance.  Ho  sent  in  his  messages  to  that  legislature  as 
though  it  was  entirely  legal.  / 

Question.  He  sent  his  messages  to  it,  and  received  its  acts  for  his  signature  as  though  it 
"was  the  legal  legislature  of  the  State  of  Virginia  1 

Answer.  Yes,  sir. 


WASHINGTON,  February  9,  1866. 
.  Jaqueliu  M.  "Wood  sworn  and  examined. 

By  Mr.  HOWARD  : 

•  -Question.  Where  do  you  reside? 

Answer.  Lynchburg,  Virginia. 

Question.  What  is  your  occupation? 

Answer.  United  States  assessor.     I  was  formerly  engaged  in  the  boot  and  shoe  business. 

•Question.  Are  you  a  native  of  Virginia? 

Answer.  Yes,  sir. 

Question.  How  extensive  is  your  acquaintance  in  Virginia? 

Answer.  Not  very  extensive.  It  is  confined  to  some  two  or  three  counties.  I  have 
Tecently  travelled  through  the  western  part  of  the  State — for  the  last  twelve  mouths.  I  was 
.•at  one  time  deputy  sheriff  of  the  county  of  Culpeper. 

Question.  Are  you  acquainted  with  the  state  of  public  feeling  on  the  part  of  the  secession 
people  of  Virginia  where  you  have  been? 

Answer.  I  think  I  have  formed  some  conclusions  in  reference  to  it. 

Question.  What  is  generally  their  feeling  toward  the  government  of  the  United  States  7 

Answer.  I  rather  think  that  the  general  feeling  is  hostile  ;  that  if  they  accept  the  situation 
it  is  from  necessity  rather  than  choice.  Of  course  there  may  be  some  exceptions. 

Question.  Are,  you,  in  your  intercourse  with  them,  in  the  habit  of  hearing  expressions  of 
contempt  or  hatred  toward  the  government  of  the  United  States  ? 

Answer.  Yes.  I  have  heard  such  expressions  more  than  once,  sometimes,  when  persons 
did  not  know  my  real  sentiments.  Probably  they  would  have  refrained  from  expressing 
them  if  they  had  known.  An  instance  of  that  sort  occurred  yesterday.  A  man  said  in  my 
hearing  that  if  the  State  was  properly  organized  and  power  restored  ho  was  in  favor  of 
d/iving  out  all  such  men  as  John  C.  Underwood  and  John  Minor  Botts. 

Question.  How  do  they  feel  towards  northern  men  who  come  to  settle  among  them  and  do 
business  ? 

Answer.  I  do  not  think  they  favor  them.  They  will  tell  you  that  they  intend  to  fnvite 
immigration;  but,  the  real  feeling  of  the  people,  in  my  opinion,  is  averse  to  it;  and  the 
recent  legislation  at  Richmond,  in  regard  to  the  length  of  time  required  for  residence  in  the 
State  before  persons  are  allowed  to  vote,  confirms  me  in  that  belief. 

Question.  Would  a  northern  Union  man  be  safe  in  attempting  to  reside  among  them  and 
to  hold  property,  provided  the  military  restraint  was  taken  off  ?  . 

Answer.  That  would  depend  altogether  upon  the  locality  he  undertook  to  reside  in.  I 
think  that  in  some  localities  it  would  be  unsafe  for  such  a  man,  especially  if  he  was  firm  and 
expressed  himself  freely.  If  ho  "sold  out"  to  them,  as  they  say,  anil  decided  wirh  them, 
they  might  probably  allow  him  to  reuiuiu.  I  do  not  think  any  free-spoken,  decidedly  loyal 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  85 

man  would  be  very  safe  in  some  parts  of  the  country  if  tlie  people  were  not  tinder  restraint 
on  account  of  the  troops.  I  should  be  very  much  pleased  to  see  it  otherwise-;  but  still  facts 
are  facts. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  federal  debt  ? 

Answer.  That  is  like  their  loyalty.  They  pay  their  taxes  apparently  cheerfully  in  some 
communities,  but,  of  course,  they  do  it  because  they  think  it  is  the  best  policy  at  this  time, 
not  because  of  any  particular  love  that  they  have  for  the  government  or  its  officers. 

Question.  Suppose  the  question  were  left  to  them  to  decide,  would  they  consent  to  the 
payment  of  the  federal  debt  incurred  in  the  prosecution  of  the  war? 

Answer.  No,  sir.  I  verily  believe  that  if  they  had  the  power  they  would  repudiate  every 
dollar  of  the  public  debt,  and  assume  instead  of  it  the  confederate  debt  I  think  their  feeling 
is  ripe  for  that  thing.  I  do  not  know  that  they  contemplate  doing  it,  for  they  do  not  expect 
to  have  the  power ;  but  if  they  had  the  power  they  would  do  it.  I  believe  it  is  entirely 
unsafe  to  trust  to  these  ex-rebels.  I  do  not  think  that  the  interests  of  the  government  would 
be  safe  in  their  hands.  . 

Question.  It' they  had  an  opportunity  to  do  so,  without  danger,  do  you  tnink  they  would 
again  go  out  of  the  Union  ? 

Answer.  I  believe  that  if  they  thought  it  would  pay,  as  the  saying  is,  to  attempt  the 
thing,  they  woul'd  be  ready  for  another  rebellion — that  is,  if  they  thought  they  possessed  the 
power  and  means.  An  expression  was  made  use  of  the  other  day  by  a  very  honorable  man, 
of  Irish  birth.  Some  one  asked  him,  playfully,  if  he  was  a  Fenian.  Ho  said  he  was  not; 
that  he  did  not  want  to  weaken  Great  Britain,  for  he  was  in  hopes  that  some  time  the  British 
would  come  and  whip  the  Yankees  like  the  devil.  During  the  war  the  men  who  were 
engaged  in  the  rebellion  would  have  been  glad  to  see  a  rupture  between  the  United  States 
and  France  or  England ;  and  I  believe  that  their  sympathies,  instead  of  being  with  their 
country,  would  be  on  the  other  side. 

Question. -If  the  United  States  should  happen  to  be  engaged  in  war  with  England  or 
France,  and  the  prospect  should  become  somewhat  nattering  to  them  of  a  failure  on  the  part 
of  the  government  of  the  United  States  in  the  war,  what  course  would  they  be  likely  to 
take  ? 

Answer.  I  believe  they  would  go  against  us.  That  is  my  judgment.  In  fact,  some  of 
them  have  said  so.  There  is  no  concealment  of  it.  Several  of  the  influential  rebel  generals 
have  gone  to  Mexico,  and  have  shown  by  their  acts  that  that  was  their  feeling.  I  have  no 
doubt  they  would  have  followers. 

Question.  Having  in  view  such  an  event  as  a  foreign  war,  would  you  regard  the  secession 
people  as  an  element  of  strength  or  of  weakness  to  the  United  States  ? 

Answer.  I  do  not  know  that  I  would  be  authorized  to  say  they  would  be  a  weakness  ;  but 
I  would  not  like  to  say  the  contrary.  There  are  exceptions.  Some  of  them  are  sick  and 
tired  of  rebellion.  But  there  is,  I  fear,  a  majority  on  the  other  side ;  and  the  leading 
people,  the  people  who  can  and  do  control  public  sentiment,  .would  be  in  sympathy  with 
England  or  France,  or  any  other  government  that  could  break  up  the  government  of  the 
United  States.  Every  one  acquainted  v?ith  the  southern  people  knows  that  during  the  rel>ei- 
lion  the  constant  way  of  expressing  it  was  that  they  would  rather  be  under  any  monarchical 
power  than  under  the  power  of  the  United  States  ;  that  they  would  sooner  be  attached  to 
any  other  government  than  have  to  come  back  as  a  part  of  the  United  States  government. 
They  were  in  earnest  then  just  as  much  as  they  are  now  when  they  say  they  have  recon 
structed  and  are  loyal. 

Question.  Do  any  considerable  portion  of  the  people  of  Virginia  entertain  a  preference  for 
a  monarchical  form  of  government  ?  m 

Answer.  They  have  not,  in  my  presence,  so  expressed  themselves  recently ;  but  I  often 
hoard  it  during  the  rebellion,  and  I  occasionally  hear  it  now. 

Question.  Have  you  heard  men  of  good  condition  and  standing  in  society  make  such  a 
remark? 

Answer.  Only  very  seldom.  That  class  is  more  prudent.  They  are  not  apt  to  make 
observations  of  that  sort  if  they  know  there  is  any  person  present  who  differs  with  them  very 
materially;  but  they  occasionally  mistake  the  party  and  make  such  observations. 

Question.  Is  Jefferson  Davis  popular  with  the  secession  people  ? 

Answer.  Oh,  of  course.  They  frequently  make  expressions  like  this:  that  he  is  no  worse 
than  they ;  that  they  elected  him  and  indorsed  him.  I  sometimes  say  to  them  that,  if  that  he 
the  fact,  I  am  in  favor  of  their  having  their  rights ;  that  if  they  claim  to  be  equal  with  him 
in  every  respect,  and  want  to  be  hanged,  I  think  they  should  have  their  rights.  In  that  point 
they  do  not  exactly  agree  with  me. 

Question.  What  is  the  political  character  of  the  Virginia  legislature — of  what  materials  is 
it  made  up  ? 

Answer.  It  is  made  up  almost  entirely  of  disloyal  men — men  who  were  disloyal.    . 

Question.  Men  who  actually  served  in  the  rebellion  ? 

Answer.  Yes,  sir ;  many  of  them  were  officers  in  the  rebel  army. 

Question.  What  chance  does  a  thorough  out-and-out  Union  man  stand  to  be  elected  to  the 
legislature  of  Virginia  ? 

Answer.  None  whatever,  except  it  were  in  some  border  county.     They  take  the  broad 


86  RECONSTRUCTION. 

f round  that  no  man  who  was  a  Union  man  is  honest ;  tlmt  a  man  who  did  not  go  with  his 
tate  is  dishonest.  Sometimes  they  hint  that  a  man  who  is  H  Union  man  has  no  capacity, 
that  he  is  a  weed  upon  the  current,  that  he  has  no  stability,  and  that  there  is  nothing  honor 
able  attached  to  him. 

Question.  They  regard  him  rather  as  a  poor  devil  ? 

Answer.  Yes  ;  they  regard  him  rather  as  a  poor  devil,  and  one  who  ought  to  be  banished 
from  the  State  as  soon  as  circumstances  justify  it.  /"They  have  not  so  expressed  themselves, 
but  the  conclusion  I  have  come  to  is  that  the  leading  class  in  Virginia,  the  former  slaveholders, 
the  class  that  really  produced  this  revolution,  intend — while  they  cannot  reorganize  slavery 
exactly  as  it  was,  and  call  it  slavery,  and  buy  and  sell  as  they  did  before — by  a  hocuspocus 
arrangement  to  get  the  service  of  their  former  slaves,  and  tyrannize  over  them  and  the  poor 
white  people  as  formerly.  They  intend  to  do  so  by  legislation,  by  declaring  every  man  who 
will  not  make  a  contract  at  $4  a  month  a  vagrant,  and  selling  out  his  services  as  such. 
Under  the  general  idea  that  a  good  deal  of  thefts  are  committed  by  them,  they  will  organize 
patrol  companies  as  formerly,  and  then  the  negro  will  have  to  go  and  put  himself  under  the 
protection  of  some  white  man  who  will  take  him  as  a  sort  of  master. 

Question.  Are  those  gentlemen  who  entertain  these  schemes  generally  remarkable  for  their 
own  industry  and  love  of  industrial  habits? 

Answer.  Certainly  not.  There  is  nothing  said  about  a  white  man  being  a  vagrant  if  he 
stands  around  and  begs  for  drinks;  but  for  a  black  man  there  is  a  great  deal  of  legislation 
necessary.  I  have  generally  told  them  that  it  seemed  to  me,  when  they  were  making  so 
much  to  do  about  the  idleness  of  negroes,  I  could  see  others  who  did  not  claim  to  be  negroes 
doing  the  same  thing,  and  I  did  not  know  that  either  of  them  had  much  capital  in  bank.  In 
my  judgment  there  is  more  labor  performed  by  the  colored  people  than  by  the  oti 

Question.  Have  you  any  reason  to  suppose  that  there  are  combinations  among  the  negroes 
for  any  unlawful  purpose? 

Answer.  ]  have  seen  nothing  of  the  sort  in  my  part  of  the, country.  The  negroes  there 
are  not  so  intelligent  as  a  class  as  they  are  in  the  parts  of  the  State  nearer  Washington. 
They  hardly  realize  up  there  that  they  are  free.  In  the  towns  where  they  are  protected  by 
the  Freedmen'a  Bureau  it  is  a  little  different. 

Question.  Have  you  heard  of  ill  treatment  and  violence  by  the  secessionists  toward  freed- 
men? 

Answer.  In  many  instances.     Thousands  of  such  instances -come  up  in  that  section. 

Question.  How  do  the  secessionists  feel  in  regard  to  the  establishment  of  colored  schools 
among  them  ? 

Answer.  In  Lynchburg  General  Curtis  got  up  rather  a  good  state  of  feeling  in  regard  to 
them.  He  gave  them  to  understand  that  if  they  did  not  co-operate,  others  would  come  in ; 
that  it  should  be  done  any  how,  and  that  they  might  as  well  be  a  party  to  it  as  not.  They 
consented.  But  at  Harrisonburg,  and  other  parts  of  the  district,  rooms  could  not  be  obtained 
for  colored  schools.  The  papers  came  out  and  said  that  rooms  for  that  purpose  could  not  be 
procured.  On  one  occasion  I  heard  a  man,  who  did  not  know  who  I  was,  make  a  remark 
in  reply  to  something  that  had  been  said  about  esfablishing  a  school  at  Wytheville  for  tlae 
teaching  of  colored  children.  He  said  he  hoped  that  the  damned*  rascal  who  attempted  to 
teach  niggers  would  be  shot. 

Question.  Have  you  any  reason  to  believe  that  that  feeling  prevails  very  generally  ? 

Answer.  I  do  not  know  but  that  the  feeling  does ;  but  the  expression  of  it  is  rare,  because 
prudent  men  would  not  so  express-themselves  even  if  they  thought  so. 

Question.  How  do  the  secessionists  generally  treat  Union  men  who  are  citizens  of  the 
Suite  of  Virginia? 

Answer.  For  a  time  they  were  rather  disposed,  and  are  yet,  to  turn  a  cold  shoulder  to  them. 
They  have  treated  me  well  where  I  have  been,  but  it  is  because  they  think  it  is  policy  to  do 
so.  I  do  not  think  it  is  from  any  particular  love  for  me  or  for  the  government,  but  they 
think  it  is  the  best  policy  to  be  civil.  There  are  quite  a  number  of  men  in  tin-  western  part 
of  the  State  who  have  never  had  anything  to  do  with  the  rebellion,  and,  for  all  practical 
purposes,  were  probably  loyal,  or  would  be  if  not  ruled  by  others.  But  they  are  not  loyal 
according  to  our  standard.  They  do  not  believe  that  a  colored  man  is  fit  to  vote  or  to  be  a 
citizen.  They  do  not  think  him  fit  for  anything  except  to  perform  subordinate  serv'uvs. 
That  is  the  sentiment  of  a  great  many  people  who  claim  to  be  loyal,  and  who  would  be  very 
much  offended  if  it  was  hinted  that  they  were  not  loyal. 

Question.  Suppose  the  Constitution  of  the  United  States  should  be  so  amended  as  to  give 
to  the  negro  race,  or  certain  classes  of  them,  the  right  to  vote,  would  that  amendment  be 
acceptable  to  the  secessionists  of  Virginia? 

Answer.   By  no  means. 

Question.  What  effect  would  it  be  likely  to  produce  among  them  ? 

Answer.  I  think  they  would  submit  to  it  under  protest,  as  they  do  to  everything  else,  as 
they  do  to  paying  the  internal  revenue  tax.  I  do  not  think  there  would  be  any  particular 
difficulty  about  it,  because  the  thing  is  so  just  that  I  think  after  a  while  it  will  commend 
itself  even  to  them,  after  they  have  had  time  to  reflect. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  confederate  debt? 

Answer.  They  pretend  that  they  have  repudiated  it  by  legislation ;  but  they  did  not  do  it 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA  87 

o£  their  own  choice,  but  because  it  was  necessary  For  them  to  do  it  in  order  to  have  the  State 
reconstructed.  That  was  one  of  the  terms.  They  sometimes  say  that  as  the  rebellion  failed, 
everything1  connected  with  it  necessarily  failed.  But  I  think  that,  if  not  prevented  by  'the 
g-eneral  government,  they  will  force  the  people  of  the  counties  to  be  taxed  for  the  liabilities 
of  those  counties  in  arming  and  equipping  recruits.  At  this  time  the  bonds  issued  for  that 
purpose  are  being  held  by  the  citizens  of  the  several  counties.  The  legislature  has  already 
authorized  the  several  counties  to  borrow  money,  and  I  have  no  doubt  that  it  is  to  liquidate 
these  very  debts.  The  money  to  be  borrowed  will  be  appropriated  to  pay  the  bonds  now 
held  by  parties: — the  county  bonds. 

Question.  Do  you  know  anything  about  the  State  guard  at  Richmond — the  Richmond 
Blues  ? 

Answer.  I  do  not  know  anything  about  them,  except  that  there  is  such  a  military  organi 
zation.  I  understand  they  had  a  meeting  recently,  and  that  Ex-Governor  Henry  A.  Wise 
addressed  them. 

Question.  What  did  the  ex-governor  condescend  to  say  to  them  ? 

Answer.  The  report  I  had  of  it  was  that  he  recalled  all  the  deeds  of  valor  performed  by 
them  during  the  rebellion,  and  praised  them  very  much  for  their  constancy  and  bravery. 

Question.  Did  you  get  this  information  from  a  reliable  source  ? 

Answer.  I  thought  so. 

Question.  Did  Wise  speak  of  the  cause  itself  in  which  they  had  been  fighting? 

Answer.  That  was  the  impression  I  had  from  the  report  I  had  of  it — that  he  spoke  of  it 
as  a  holy  and  just  cause;  that  they  had  fought  bravely  for  it,  and  stood  firmly  up  to  it.  He 
praised  them  very  much.  He  referred  to  the  fact,  wherever  he  went  they  followed. 

Question.  Did  he  inform  them  particularly  of  his  performances  in  western  Virginia  as  a 
military  commander? 

Answer.  I  do  not  know  that  he  referred  to  them  in  particular ;  but  he  did  speak  of  wher 
ever  he  was  and  where  they  \were  with  him.  There  have  been  quite  a  number  of  concerts 
given  and  debates  had  in  Lynchlmrg  for  the  benefit  of  Stonewall  Jackson's  widow.  They 
say  she  is  not  as  rich  as  she  ought  to  be;  that  the  State  owes  a  great  debt  to  her  as  the 
widow  of  Stonewall  Jackson. 

Question.  Do  the  secessionists  appear  to  contribute  liberally  to  the  fund  ? 

Answer.  The  papers  say  that  the  fund  is  quite  a  success. 

Question.  Do  the  newspapers  speak  approvingly  of  that  mode  of  raising  money  for  that 
purpose  ? 

Answer.  Oh  yes,  most  assuredly ;  they  make  stong  appeals  to  the  people  to  encourage 
it  as  a  debt  of  gratitude. 

Question.  Did  you  know  Stonewall  Jackson? 

Answer.  No,  sir;  I  never  saw  him,  although  I  have  seen  all  the  other  rebel  generals  who 
have  figured  in  that  region. 

Question.  How  do  they  regard  Robert  E.  Lee? 

Answer.  They  look  upon  him  as  the  greatest  man  of  the  nation,  and  the  best  man.  That 
is  the  common  expression.  They  often  say  that  they  were  conquered  by  numbers,  by  the 
influence  of  foreigners.  They  do  not  admit  at  any  time  that  their  cause  was  a  bad  one. 
They  always  claim  superiority  both  in  the  field  and  elsewhere;  but  they  say  that  numbers 
were  against  them  and  that  they  had  to  yield. 

Question.  Do  they  seem  to  be  disappointed  in  reference  to  the  number  of  loyal  troops  that 
came  against  them? 

Answer.  Yes ;  there  was  more  than  they  calculated  upon  in  the  first  place.  They  account 
for  it  by  saying  that  foreigners  re-enforced  the  Yankees,  and  that  their  resources  gave  out. 
Consequently  they  came  under.  Sometimes  their  manner  looks  as  if  they  thought  it  was 
not  hopeless  yet;  that  something  might  turn  up  out  of  it;  that  war  between  the  United  States 
and  another  nation  might  realize  the  much  wished  for  event  at  last. 

Question.  What  is  the  confederate  scrip  worth  in  your  neighborhood  ? 

Answer.  They  have  been  buying  it  there,  but  I  never  could  ascertain  for  what  purpose. 
They  have  been  buying  it  at  a  small  price. 

Question.  It  is  not  regarded  as  a  security  of  superlative  value,  I  suppose  ? 

Answer.  No,  sir;  it  is  not  considered  as  currency  at  all.  I  do  not  think  that  anybody 
who  has  it  considers  it  of  any  real  value  at  this  time. 

Question.  Do  you  recollect  at  what  time  that  scrip  was  made  payable  on  its  face  ? 

Answer.  Yes;  all  of  it  that  I  ever  read  said  that  it  was  payable  in  six  months  after  the 
ratification  of  a  treaty  of  peace  between  the  Confederate  States  and  the  United  States.  It  is 
not  due  till  then. 

Question.  So  that  there  is  none  of  it  due  yet? 

Answer.  There  is  none  of  it  due,  and  never  will  be,  I  suppose. 

Question.  The  treaty  has  not  yet  been  ratified  ? 

Answer.  No,  sir,  and  they  say  that  they  cannot  ratify  such  a  treaty  on  account  of  the 
radicals. 

Question.  They  have  an  affection  for  the  copperheads,  have  they  not? 

Answer.  Oh, 'yes ;  and  they  are  very  fond  of  Mr.  Johnson's  policy  of  reconstruction,  p.cd 
very  much  in  the  hope  that  there  will  be  a  wonderful  breach  between  him  and  Congress  ; 


88  RECONSTRUCTION. 

that  is  their  song  now.  They  want  to  see  something  like  a  split  take  place  which  will  destroy 
the  power  of  the  radical  party. 

Question.  Do  they  seoin  to  look  upon  that  contemplated  breach  as  a  case  in  which  rogues 
fall  out  and  honest  men  get  their  own  ? 

Answer.  I  think  they  are  hoping  something  of  that  sort.  I  suppose  they  think  that  of 
two  evils,  President  Johnson  is  the  least.  They  do  not  exactly  like  him,  but  they  think  he 
is  better  than  the  radicals,  and  they  think  that  by  uniting  with  him  they  will  throw  out  of 
power  the  radicals. 

Question.  So  that,  comparatively  speaking,  Mr.  Johnson  is  popular  among  them  ? 

Answer.  Yes,  for  the  time  being,  just  as  Governor  Pierpoint  was  when  they  intended  to 
use  him ;  but  when  the  time  oame  that  it  suited  their  interests  they  abused  him.  I  think 
they  will  do  the  same  with  President  Johnson — use  him  first,  and  abuse  him  afterwards. 

Question.  What  has  been  the  general  effect  of  Mr.  Johnson's  liberal  policy  in  granting 
amnesties  and  pardons  to  rebels  :  has  it  increased  the  respect  of  those  people  for  the  govern 
ment  of  the  United  States,  or  has  it  diminished  it? 

Answer.  I  cannot  say.  Judging  of  the  future  by  the  past,  they  think  that  as  they  have 
got  so  much  in  the  past,  they  may  probably  get  more  in  the  future.  I  think  it  has  had  a  ten 
dency  to  make  them  more  impudent  and  exacting.  They  were  very  humble  at  first,  before 
any  pardons  were  granted.  They  felt  that  they  deserved  severe  punishment,  and  that  con 
fiscation  and  other  penalties  would  be  inflicted.  But  as  soon  as  they  found  a  more  lenient 
policy  adopted,  and  that  they  were  safe  in  their  persons  and  property,  they  began  to  express 
themselves  pretty  freely.  They  are  very  much  pleased,  I  suppose,  with  the  policy  of  the 
President  in  pardoning  them,  and  not  confiscating  their  property ;  but  they  insist  *upon  it 
that  they  should  get  the  power  over  the  negroes,  and  that  their  State  rights  should  be 
recognixed.  They  do  not  feel  as  though  they  had  been  treated  properly  at  all.  They  call  it 
humiliating  if  they  do  not  get  everything  they  claim.  I  suppose  they  are  Union  men  if  you 
let  them  have  their  own  way.  I  have  no  doubt  that  Jefferson  Davis  is  a  Union  man  if  he 
had  his  own  way  of  thinking.  Let  his  views  be  carried  out  in  every  particular,  and  I  would 
not  wonder  if  he  was  a  good  Union  man. 

Question.  The  Union  to  consist  of  a  government  subject  to  his  power  ? 

Answer.  Yes,  sir. 

Question.  Is  there  anything  else  which  you  wish  to  state  to  the  committee  ? 

Answer.  No,  sir. 


WASHINGTON,  D.  C.,  February  10,  1866. 
Rev.  Dr.  Robert  McMurdy  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Alexandria,  Virginia.  * 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir;  I  am  a  native  of  Kentucky.  I  have  lived  in  Virginia  during  the  war 
for  the  most  part  in  the  service  of  the  government.  I  am.  now  ofiiciating  at  Christ  church 
Alexandria.  I  am  an  Episcopal  clergyman. 

Question.  Have  you  a  pretty  extensive  acquaintance  with  the  state  of  public  feeling  in 
Virginia  ? 

Answer.  I  do  not  know  how  extensive  it  is ;  I  am  thrown  more  or  less  among  the  people 
from  my  vocation  and  position. 

Question.  Are  you  in  the  habit  of  travelling  a  good  deal  about  the  State? 

AnsAver.  No,  sir ;  I  car*not  say  that  I  am.  My  acquaintance  does  not  extend  over  the 
State,  except  through  persons  from  various  parts  of  it.  As  an  editor  of  a  paper  I  am  brought 
more  or  less  in  connexion  with  people  in  all  parts  of  the  country. 

Question.  What,  generally,  is  the  feeling  among  the  Episcopal  clergy  of  Virginia  towards 
the  government  of  the  United  States  ? 

Answer.  Well,  sir,  from  my  connexion  with  Christ  church,  I  have  had  no  personal  inter 
course  with  any  clergymen  of  the  church  in  Virginia,  and  therefore  cannot  answer  the  ques 
tion  from  conversation  with  them.  I  should  judge  not  favorably  of  it,  however,  from  the 
action  of  the  diocese  in  failing  to  do  as  Bishop  Gregg,  of  Texas,  did — that  is,  to  act  upon  the 
theory  of  a  de  facto  government,  on  the  church  theory  that  the  church,  as  a  church,  or  the 
clergy  as  clergy,  cannot  interfere  with  the  question  of  government.  Church  people  consider 
the  government  as  de  facto,  and  as  such  it  is  their  duty  to  pray  for  that  government,  and  to 
sustain  it  in  their  official  and  ecclesiastical  relations.  Bishop  Gregg  remarked  to  me  a  few 
days  ago,  in  conversation  on  the  subject:  "I  consulted  nobody  in  regard  to  my  action  in 
forming  a  southern  church,  when  I  supposed  that  the  confederate  government  was  a  de  facto 
government ;  but  the  moment  that  the  confederate  government  ceased  to  be  fi]de  facto  govern 
ment,  I  did  not  wait  to  consult  the  authorities  of  the  southern  church,  but  notified  the  pre 
siding  bishop  of  the  Episcopal  church  in  the  United  States  that  we  were  again  in  harmony 


VIRGINIA NORTH   CAROLINA — SOUTH    CAROLINA.  89 

with  the  national  church."  The  fact  that  the  diocese  of  Virginia  has  failed  to  act  on  tins 
the  church  theory,  on  which  the  bishop  of  Texas  acted,  and  on  which  the  diocese  of  Virginia 
acted  in  leaving  the  national  church,  and  on  which  every  clergyman  ought  to  act — the  faci 
that  the  diocese  of  Virginia  has  failed  to  put  itself  in  connexion  with  the  national  church, 
(the  last  that  has  failed  to  do  so  with  the  exception,  perhaps,  of  South  Carolina,)  convinces 
me  that  there  is  a  good  deal  of  very  decided  feeling  among  the  clergy  and  laity  against  har 
monizing  with  the  government,  and  cordially  sustaining  the  same.  It  indicates  strong  feel 
ing  and  sentiment  among  the  people.  This  is  the  inference  which  I  draw.  I  am  told  that 
the  bishop  of  the  diocese  has  been  for  an  immediate  Union,  and  I  am  satisfied  that  he  would 
act  promptly  and  decidedly  were  it  not  that  he  is  hampered  by  the  express  action  of  the  diocese 
of  Virginia  in  convention  assembled.  The  convention  is  composed  of  the  clergymen  of  the 
diocese,  and  three  lay  delegates  from  each  parish,  so  that  the  diocesan  convention  gives  a  fair 
representation  of  the  sentiment  of  the  church. 

Question.  Has  there  been  a  meeting  of  that  convention  recently  ? 

Answer.  There  was  a  meeting  at  the  close  of  last  September ;  since  that  time  there  has 
been  a  meeting  of  the  council,  as  it  is  called,  of  the  Episcopal  [church  of  the  Confederate 
States.  At  that  council,  the  position  of  the  clergy  of  Virginia,  I  am  informed,  was  the  most 
decided  in  sustaining  the  continuing  of  the  council,  and  most  opposed  to  any  union  with  the 
national  church.  There  is  a  series  of  articles  publishing  in  the  Southern  Churchman,  (is 
sued  at  Alexandria,  Virginia,  and  the  main  paper  of  the  southern  church,)  which  are  vindi 
catory  of  the  southern  church.  The  southern  church  is  not  satisfied  with  the  general  con 
vention  of  the  Protestant  Episcopal  church  in  the  United  States  being-  entirely  silent  con 
cerning  the  past,  but  appears  to  be  desirous  of  creating  a  sentiment  sustaining  their  own 
action.  The  laity  of  the  church,  particularly  those  who  have  suffered  by  the  war,  widow 
ladies  and  others  who  have  lost  their  children,  have,  in  a  few  instances,  begun  to  show  a 
change  of  feeling,  and  seem  now  like  looking  at  things  in  their  true  light.  As  an  evidence 
of  this  improved  feeling,  some  of  them  come  to  our  church  now ;  (it  is  the  Union  church  of 
the  place,  the  gathering  point  for  the  Union  people,  and  has  been  open  during  the  whole 
war.)  The  fact  that  there  are  some  who  attend  that  church  now,  is,  perhaps,  a  pretty  good 
evidence  of  a  change  of  feeling ;  but  they  are  very  few,  and  besides  the  other  influences  to 
produce  it,  the  fact  that  I  am  from  Kentucky  has  possibly  some  little  effect.  But  while  this 
is  the  effect  upon  a  fe\v,  they  who  are  politicians,  and  desire  to  be  poli ticians  and  the  leaders 
of  social  life,  manifest  a  more  intensified  feeling.  The  females,  those  especially  whose  pride 
has  been  humbled,  are  more  intense  in  their  bitterness  and  endeavor  to  keep  up  a  social  os 
tracism  against  Union  and  northern  people.  They  who  are  gentlemen,  and  who  have  hu 
mane  feelings,  are  disposed,  I  think,  to  treat  the  negroes  with  kindness,  and  really  to  con 
sider  what  is  best  for  them  ;  but  they  are  so  few,  as  in  every  community,  and  are  so  over 
powered  by  others',  that  their  voice  can  scarcely  be  heard,  and  is  not  heard  to  any  extent. 
The  great  trouble  about  proper  composition  of  matters  is  the  extensively  prevailing  and 
operative  sentiment  that  the  cause  of  the  Union  and  the  supporters  of  the  Union  are  not 
respectable.  The  mass,  for  fear  of  losing  social  caste,  speak  and  act  "southern,"  so  far  as 
they  may  safely. 

Question.  Have  you  formed  any  opinion  as  to  the  effect  of  President  Johnson's  liberality 
in  granting  pardons  and  amnesties  to  rebels? 

Answer.  1  think  it  has  had,  in  all  probability,  a  very  injurious  effect.  I  think  that  while 
in  some  cases,  with  the  generous  and  open-hearted,  it  has  had  the  right  effect  generally, 
men  being  selfish,  it  has  had  the  reverse  effect  from  that  which  was  intended  or  expected  by 
the  President.  I  am  also  inclined  to  think  that  the  southern  people  are  disposed  to  respect 
power  and  the  exercise  of  power,  and  too  often  mistake  leniency  as  an  evidence  of  weakness 
and  not  an  evidence  of  generosity. 

Question.  And  you  think  that  that  has  been  rather  the  prevailing  influence  of  Mr.  John 
son's  liberality? 

Answer.  Yes,  on  the  minds  of  the  masses,  but  with  some  noble  exceptions.  When  Gen 
eral  Lee  surrendered,  and  for  a  brief  period  thereafter,  the  southern  people  were  willing  to 
submit  to  any  terms,  short  of  expatriation  and  death,  that  might  have  been  proclaimed. 

Question.  Can  you  speak  in  regard  to  the  feeling  generally  among  the  other  protestant 
clergy  in  Virginia  ? 

Answer.  The  Baptists  appear,  as  a  whole,  to  be,  perhaps,  the  most  bitter,  and  the  southern 
Methodists  possibly  come  next.  The  southern  Methodists  in  Virginia  are  modified  by  the 
leaven  of  the  Baltimore  Conference,  which  conference  extended  over  the  free  States,  and  the 
preachers  of  which  were  in  connexion  with  northern  churches  till  1861,  when  they  formed  a 
separate  body,  as  it  were.  The  Baltimore  Conference  of  the  Methodist  Episcopal  church 
north,  within  the  last  few  days,  in  conference  at  Alexandria,  have  united  formally  with  tlue 
church  south.  Bishop  Early,  of  the  southern  Methodist  church,  is  now  presiding.  "While 
the  effect  of  that  union  will  be,  of  course,  to  magnify  the  southern  church,  there  is  another 
influence  that  will  necessarily  result  from  ;t,  namely:  that  that  leaven  will,  perhaps,  modify 
the  feeling  again  so  as  to  make  it  less  intense.  That  will  be  so,  except  with  those  indi- 
v4duals  who,  forsaking  one  position  and  going  to  another,  are  generally  in  advance  in  zeal 
for  their  newly  espoused  cause,  just  as  northern  men  at  the  south,  who  are  disunion  men, 
are  generally  intensely  so.  This,  perhaps,  applies  to  the  present  state  of  things  among  the 


90  RECONSTRUCTION. 

Methodists  in  Virginia.  There  is  a  small  body  of  Presbyterians  in  Alexandria  who  are  true 
Union  people ;  but  such  has  been  the  feeling1  in  the  church  that  perhaps  a  majority  of  the 
former  whole  body  of  the  old  church  have  left  the  church  in  which  they  have  been  baptized 
and  educated,  and  have  associated  themselves  with  what  is  called  now  the  Second  Presby 
terian  church — a  New  School  Presbyterian  church,  reputed  to  bo  intensely  disloyal — thus 
giving  evidence  of  their  willingness,  for  the  sake  of  their  notions  in  matters  in  issue  for  the 
last  four  years,  to  sacrifice  even  their  ecclesiastical  connexions.  This  feeling  of  sympathy 
with  the  south  has  been  even  shown  by  some  of  the  Quakers  at  Alexandria,  to  my  perfect 
Mtonishment,  I  learn  that  they  are  about  as  decided  in  regard  to  the 'respectability  of  se 
cession  as  any  other  class  of  people.  The  Protestant  Methodist  church,  I  am  told,  is  equally 
divided.  The  Roman  Catholic  church  I  know  very  little  about.  I  think,  however,  that 
the  perfect  quietness  of  the  priests,  and  their  entire  ignoring  of  the  questions  at  issue,  has 
brought  out  no  development  at  all  in  that  quarter. 

Question.  Do  you  think  that,  in  the  main,  the  Roman  Catholic  clergy  of  the  rebel  States 
can  be  called  friendly  to  the  government  of  the  Uuited  States  1 

Answer.  I  should  not  like  to  say.  My  opposition  to  know-nothingism,  as  a  principle, 
whether  political  or  religious,  led  me  to  investigate  this  subject  a  good  deal  in  former  days. 
I  am  satisfied  that  the  Roman  Catholic  clergy,  as  a  whole,  are  exceedingly  friendly  to  our 
institutions  ;  but  that  they  are  so  because  they  imagine  our  country  affords  to  those  who 
have  been  oppressed  in  Ireland  a  theatre  in  which  they  can  best  serve  their  church.  If  you 
mean  to  put  the  question  to  me,  whether  they  would  be  devoted  to  the  government  as  against 
the  papal  authorities 

Question.  I  put  the  question  in  that  form. 

Answer.  I  should  say  decidedly,  no  ;  because  their  vows,  as  well  as  their  education,  make 
obedience  to  the  papal  government  their  first  duty.  They  have  no  home  ;  they  have  no  resi 
dence  ;  the  priests  are  the  creatures  of  the  bishops,  the  bishops  of  the  archbishops,  and  the 
archbishops  of  the  Pope ;  and  thus  the  clergy  are  the  creatures  of  the  Pope. 

Question.  Suppose  a  contest  should  arise  between  the  United  States  and  any  papal  foreign 
power,  such  as  Spain  or  France,  what  would  be  the  feeling  of  the  Catholic  church  ? 

Answer.  I  think  that,  in  that  case,  the  Catholic  clergy,  if  there  was  no  positive  dictum 
from  the  Pope,  would  be  for  the  government  of  the  country,  because  the  people  would  be, 
and  they  like  to  be  sustained  by  the  people  where  official  authority  does  not  interfere. 

Question.  Suppose  there  should  be  a  dictum  from  the  Pope? 

Answer.  I  should  think  they  would  obey  the  papal  dictum. 

Question.  They  are  very  likely  to  obey  orders  from  headquarters  ? 

Answer.  I  think  so ;  but  at  the  same  time  I  cannot  conceive  of  such  an  issue. 

Question.  Had  we  not  something  of  that  kind,  during  the  war,  from  the  Pope,  in  his 
encyclical  letter  to  the  church  in  America  1 

Answer.  That  was  designed  for  consumption  in  the  Confederate  States ;  that  was  papal 
buncombe — the  Pope  supposing  the  confederacy  would  become  a  nation.  The  papacy,  how 
ever,  is  unquestionably  opposed  to  human  liberty  and  a  free  government ;  but  there  is  yet 
much  Catholic  verity  and  the  old  Catholic  love  of  liberty  among  the  people  in  the  Romish 
church.  When  the  question  was  asked  me,  whether  I  thought  the  Roman  Catholic  clergy 
were  friendly  to  the  government  of  the  United  States,  I  did  not  hear  the  modification  of  the 
question  confining  it  to  the  rebel  States.  I  answer  that  the  Roman  Catholic  clergy  were,  in 
my  opinion,  very  unfriendly  to  the  government  of  the  United  States,  and  are  now,  in  por 
tions  of  the  south,  proposing  a  monumental  church,  at  Memphis,  Tennessee,  to  General 
Polk,  once  a  Protestant  bishop. 

Question.  To  return  to  the  Episcopal  clergy  and  the  Episcopal  church  in  Virginia,  how 
do  they  feel  in  reference  to  the  education  of  the  freedruen  ? 

Answer.  The  convention  of  the  diocese  of  Virginia,  embracing  the  clergy  of  the  diocese, 
which  met  on  the  2Uth  of  September,  unanimously  adopted  resolutions,  the  purport  of  which 
was  as  follows : 

1st.  Resolved,  That,  as  a  diocese  of  the  church,  we  recognize  the  relations  which  we  now 
sustain  to  the  colored  people,  and  that  we  call  on  our  people  everywhere  to  do  their  full  duty. 

2d.  Resolved,  That  to  that  end  our  parishes  and  clergy  be  requested  and  urged  at  the  ear 
liest  possible  moment  to  organize  Sunday  schools  for  them,  and  parochial  schools,  that  they 
may  be  taught  to  read,  and  that  churches  bo  organized  for  their  benefit  everywhere.  Thie 
resolutions  were  full,  going  as  far  as  could  be  wished.  I  also  know  the  fact  that  Bishop  Johns 
is  very  favorable  to  the  education  of  the  colored  people.  So  was  Bishop  Meade,  his  prede 
cessor.  Dr.  Sparrow,  of  the  seminary,  rejoices  in  the  abolition  of  slavery,  although  he  is  a 
strong  southern  man.  The  churches  are,  however,  so  poor  that  they  are  incapable  at  present, 
and  will  be  so  perhaps  for  years,  to  do  anything  for  the  colored  people.  I  ought  also  to  state 
that  it  is  impossible  to  induce  the  colored  people  at  present  to  put  themselves  under  the  tuition 
of  the  churches  of  their  former  masters.  Bishop  Gregg  remarked  to  mo  that  it  was  the  same 
in  Texas.  The  entire  Episcopal  church  of  the  United  States,  in  general  convention  assembled, 
have  resolved  themselves  unanimously  into  a  freedmen's  commission,  so  that  they  have  their 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  91 

fostering  care  of  the  church,  especially  the  poor,  whether  white  or  black.  It  has  nothing  to 
do  with  the  <|iirstions  that  have  grown  up  lately. 

Question.  You  speak  of  the  indisposition  of  the  freedmen  to  submit  themselves  to  the  in 
struction  of  the  church  ;  do  you  mean  of  the  Episcopal  church  particularly  1 

Answer.  No,  sir;  not  particularly. 

Question.  What  does  that  indisposition  arise  from  ? 

Answer.  I  suppose  it  is  a  prejudice  created  in  their  minds  by  the  previous  state  of  things. 
They  do  not  think  that  these  churches  and  bodies  have  voluntarily  and  earnestly  gone  into 
the  advocacy  of 'their  rights.  They  suppose  it  is  simply  a  matter  growing  out  of  church  ideas, 
and  riot  growing  out  of  a  heartfelt  desire  to  advance  their  interests,  beyond  their  interests  in 
a  religious  point  of  view,  and  poor  people  are  especially  disposed  to  regard  their  minds  and 
souls  through  the  body. 

Question.  You  think  that  the  colored  people  rather  prefer  to  have  their  own  churches  and 
their  own  religious  instructors  ? 

Answer.  While  I  think  they  do  so  at  present,  I  think  there  is  a  disposition  to  advance.  I 
have  a  service  myself  on  Friday  nights  for  colored  people,  a  special  service  for  them,  although 
they  are  welcome  to  my  church  at  all  times,  and  I  have  met  with  some  encouragement.  On 
Sunday  afternoons  at  3  o'clock  I  go  out  occasionally  to  the  Soldiers'  Rest,  in  connexion  with 
agents  sent  from  the  north,  and  address  the  colored  people,  and  I  always  find  them  very  much 
disposed  to  learn,  docile  and  remarkably  anxious  to  do  right.  I  have  seen  a  great  disposition 
011  their  part  to  improve. 

Question.  You  have  always  lived  in  the  midst  of  blacks,  have  you  not? 

Answer.  I  have,  sir.  for  nearly  thirty  years. 

Question.  And,  of  course,  you  have  observed  them  in  all  their  comings  and  doings? 

Answer.  Yes ;  I  was  in  the  empire  of  Brazil  for  two  years.  I  have  also  been  in  the  West 
India  islands,  and  in  the  south. 

Question.  You  have  endeavored  to  notice  what  amount  of  capacity  they  possess  for  the  ac 
quisition  of  knowledge  generally  ;  have  you  given  especial  attention  to  that? 

Answer.  I  have  had  more  or  less  to  do  with  education  all  my  life. 

Question.  So  that  you  are  able  to  present  some  comparison  between  the  capacity  of  blacks 
and  that  of  whites  for  the  acquisition  of  knowledge  ? 

Answer.  Possibly  so. 

Question.  I  wish  you  to  state  your  ideas  on  that  subject  ? 

Answer.  In  regard  to  pursuits  where  imitation  is  concerned  the  blacks  excel  the  whites. 

Question.  You  think  so  ? 

Answer.  Yes  ;  most  unquestionably.  They  learn  to  read  more  rapidly,  they  learn  to  write 
more  rapidly,  and  they  make  better  writers.  They  learn  music  by  ear  more  rapidly.  In 
sliort,  they  acquire  everything  more  rapidly  than  whites  where  imitativeness  is  brought  into 
requisition.  But  where  ratiocination  is  concerned,  where  the  powers  of  logic  or  the  powers 
of  induction  are  concerned,  where  reasoning  is  concerned,  where  mathematics  come  in,  and 
not  mere  arithmetic,  they  are  very  inferior  to  the  whites.  Where  mere  arithmetic  is  concerned, 
adding  more  rapidly,  subtracting,  and  simple  operations,  they  perform  them  more  accurately 
than  the  whites,  and  their  results  are  more  reliable,  but  are  less  so  where  there  is  complexity 
and  where  the  logical  powers  of  mind  are  brought  to  bear.  The  slighter  association  is  vastly 
superior  in  the  black,  but  the  severer  association  is  vastly  inferior. 

Question.  And  the  result  in  your  opinion  would  be  that  they  are  probably  not  so  far-seeing 
as  the  whites  ? 

Answer.  No ;   certainly  not. 

Question.  Are  they  as  provident  in  their  nature  ? 

Answer.  No,  sir ;  necessarily  not ;  of  course  they  are  not ;  the  blacks  are  docile.  John 
Wesley,  speaking  of  the  blacks  in  connexion  with  slavery,  said  that,  were  it  not  for  their 
remarkable  docility,  they  could  not  be  kept  in  slavery.  Their  very  physical  succession,  the 
circumstances  under  which  they  have  been  always  placed,  their  education,  all  combined,  have 
made  them  improvident  and  careless.  The  black  had  no  motive  to  save ;  his  motive  was  to  eat 
and  drink  and  wear  out  all  that  he  could,  provided  there  was  prospect  of  more,  and  to  have 
overythingjie  could  in  the  way  of  enjoyment;  he  thought  it  perfectly  right  to  steal  from  his 
master,  because  he  regarded  it  as  partly  his  own,  although  he  Avould  be  conscientious  about 
objecting  to  others  stealing  from  his  master ;  he  would  protect  his  master's  interests  so  far  as 
others  were  concerned,  but  not  so  far  as  he  himself  was  concerned. 

Question.  He  would  steal  his  master's  pigs  and  chickens  when  he  got  hungry? 

Answer.  Yes  ;  the  blacks  are  necessarily  improvident,  but  I  see  no  reason  why  they  may 
not  grow  into  a  provident  people  under  care  and  protection. 

Question.  Do  they  seem  to  possess  a  love  of  money  and  property  to  a  degree  as  high  as 
that  which  characterizes  white  men  ? 

Answer.  No,  sir ;  they  appear  to  love  enjoyment,  and  I  think  ttiey  love  spiritual  enjoyment 
first;  I  use  that  word  in  its  liberal,  not  in  its  theological,  sense.  I  think  they  'love  the 
"  spirituelle,  "  as  the  French  say. 

Question.  They  love  mental  emotions  ? 

Answer.  Yes,  sir.  Dividing  the  human  being  into  three  parts — mind,  body,  and  spirit — I 
will  say  in  regard  to  the  mind,  that  they  are  exceedingly  anxious  to  learn,  like  children ;  and 


RECONSTRUCTION. 

my  idea  is  that  all  children  are  anxious  to  learn ;  and  it  requires  teachers  and  parents,  by 
their  ignorance  and  want  of  knowledge  of  the  human  mind,  to  repress  ajl  that  desire  for 
knowledge  which  now  freshly  springs  up  in  their  infantile  minds;  they  ar.'  really  dispose*!, 
like  children,  to  learn,  and  are  very  anxious  to  do  so.  Government  and  the  chord)  and 
community  may,  by  injudicious  measures,  repress  this. 

Question.  Are  they  possessed  of  much  of  that  quality  which  wo  call  political  ambition? 

Answer.  I  think  not;  I  think  they  are  perfectly  regardless  of  it;  as  a  very  raie  exception, 
there  are  those  who  possess  it.  I  think  they  desire  to  be  citizens,  as  a  matter  of  growing 
self-respect,  as  securing  their  domestic  and  personal  rights,  and  as  calculated  to  elevate  them 
in  the  scale  of  society  ;  they  would  like  to  say  who  shall  control  their  destiny,  but  they  do 
not  care  to  control  it  themselves  if  they  have  good  agents  to  control  it  for  them.  Free  negroes 
voted  in  North  Carolina  up  to^!835,  and  it  was  said  that  those  districts  in  Avhich  there  were 
most  blacks  always  sent  the  brightest  minds  to  Congress.  I  found  the  same  to  be  the  case 
in  Brazil,  where  blacks  hold  office.  It  is  provided  in  their  constitution  that  no  black  man 
can  hold  office,  yet  the  public  sentiment  has  actually  changed  the  meaning  of  the  word  so 
that  the  word  "black"  means  "slave,"  and  "white"  means  "free,"  whether  a  man  be 
black  or  white.  Here  there  is  a  fair  illustration  of  the  whole  question.  There  is  no  prejudice 
against  mere  color  now.  You  find  black  men  holding  the  office  of  juiz  do  puz,  or  justice  of 
the  peace,  an  officer  having  more  extensive  duties  to  perform  than  a  justice  of  the  peace  in 
this  country.  Black  men  are  favorite  priests  there,  and  they  are  becoming  the  mental  power 
of  the  nation,  simply  because  they  are  disposed  (especially  the  mulattoes)  to  do  more  work 
than  the  whites.  It  is  not  because  they  are  ambitious,  but  because  the  whites  put  the  mental 
work  upon  them  just  as  they  put  their  physical  work  upon  slaves.  That,  I  think,  is  the  true 
point  of  the  matter. 

Question.  Do  you  discover  often  among  them  what  we  call  the  governing  power,  the 
capacity  to  control  men  ? 

Answer.  Occasionally ;  it  is  developing ;  it  does  not  occur  often.  But  the  best  persons  to 
manage  the  blacks  of  the  south  are  those  blacks  who  have  the  capacity  to  control,  for  they 
have  so  much  suavity,  so  much  gentleness  with  them,  and  their  effort  to  govern  is  not  so 
much  by  force  as  by  expedients  and  tact ;  blacks  have  always  succeeded  most  handsomely 
when  they  had  that  power.  On  the  old  plantations  in  Kentucky  and  Virginia-  the  blacks 
Lave  never  been  governed  by  the  rod  ;  they  have  been  governed  by  tact  and  stratagem  on 
the  part  of  the  whites  ;  it  has  been  a  struggle  of  stratagem  against  stratagem  ;  it  has  been  a 
strategic  warfare  going  on  all  the  time  in  the  more  northerly  of  the  slave  States — those  nearest 
to  the  border.  This  has  cultivated,  on  the  part  of  the  blacks,  stratagem  and  cunning  to 
the  extent  we  find  it  there ;  and  this  shows  how  little  danger  there  is  from  their  desire  to 
govern. 

Question.  You  know,  of  course,  to  a  certain  extent,  what  is  the  general  feeling  among  the 
masses  of  the  secession  people  of  Virginia.  What  would  they  be  likely  to  do  in  the  event  of 
a  foreign  Avar  between  the  United  States  and  such  a  government  as  England  or  France, 
provided  they  saw,  or  thought  they  saw,  a  good  opportunity  to  establish  southern  independ 
ence? 

Answer.  In  that  case,  especially  if  they  could  secure  their  independence,  I  do  not  think 
there  is  any  doubt  at  all  about  the  course  they  would  take.  I  think  they  would  do  anything 
in  the  world  by  which  that  could  be  secured.  I  do  not  think,  however,  that  the  southern 
people  have  any  idea  that  there  is  any  possibility,  even  the  remotest,  of  anything  occurring 
through  which  they  can  do  anything  but  submit.  I  think  it  is  universal !y  the  feeling  that 
there  is  no  hope  and  no  help  for  them  in  this  regard.  Physically,  they  are  perfectly  humbled. 
It  is  impossible  to  make  their  physical  humiliation  more  complete  than  it  is.  A  lady  recently 
remarked  to  a  friend  of  mine,  "You  cannot  expect  us  to  treat  the  northern  people  well  wlto 
come  here,  or  to  have  any  intercourse  with  them.  They  have  humiliated  us,  and  we  cannoi 
buy,  or  sell,  or  have  any  intercourse  with  them."  I  can  see  no  hope  of  an  improvement  in 
that  respect  except  by  the  gradual  operation  of  those  causes  which  are  above  all  opposition — 
commercial  causes,  the  operation  of  trade,  the  demand  for  capital  to  come  from  the  north,  the 
emigration  of  persons  from  the  north  moving  southward,  the  moving  of  southern  people  to 
distant  points  and  colonizing  and  getting  into  new  scenes  and  under  new  eirciim^auces.  I 
look  for  the  gradual  operation,  of  these  causes.  I  do  not  see  why  the  south  should  witness 
any  different  results  than  those  which  Italy  witnessed  in  the  case  of  her  northern  conquerors, 
and  which  England  witnessed  in  the  case  of  the  Normans.  The  Norman?  were  the  better 
people  and  went  in  with  the  Saxons,  controlling  the  language  and  institutions  of  the  people; 
but  the  masses  of  the  people  adhered  to  the  Saxon,  and  it  took  many  years  to  effect  the 
coalescing.  So  with  the  south.  The  people  of  the  south  esteem  themselves  a  superior  peo 
ple.  Northern  men  going  among  them  with  more  activity,  more  business  relations,  with  less 
luxury,  will  control  in  sonm  departments;  and  there  will  be  dissimilarity  until  time  and  the 
various  causes,  that  are  operating  m  spite  of  everything,  produce  homogeneity.  There  is  no 
miracle  to  be  wrought  in  this  case.  Time  and  nature's  laws,  not  mere  legislation  of  any 
kind,  can  effect  it.  There  must  be  patient  waiting.  If  I  were  a  secessionist ;  if  I  had  gone 
with  the  people  of  the  south  ;  if  I  had  taken  the  same  view  of  matters  which  they  took ;  if  my 
judgment, conviction,  and  conscience  had  not  been  all  against  them;  if  my  church  education 
and  my  education  by  my  forefathers  had  not  influenced  mo  against  them  ;  if,  in  short,  I  had 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  93 

taken  the  course  they  adopted,  I  would  do  just  precisely  as  they  are  doing ;  if  it  were  a  matter 
of  principle,  I  should,  of  course,  abide  by  the  principle,  and  should  esteem  it  something  more 
£h;tn  even  dollars  and  cents,  and  political  power,  and  home,  and  everything  else. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  state  to  the  committee  ? 

Answer.  I  do  not  know  what  you  wish  to  find  out.  If  my  testimony  is  to  be  printed,  I 
Should  like  to  have  it  full  enough,  so  that  one  part  may  explain  the  other.  Therefore,  while 
I  am  not  anxious  to  testify,  except  so  far  as  may  do  good,  I  should  be  glad  to  have  you  probe 
the  matter  further. 

Question.  Doctor,  you  are  a  man  of  reflection,  thought,  education,  and  experience.  What 
is  your  idea  as  to  the  ultimate  condition  of  the  blacks  at  the  south  ?  What  will  be  their  destiny 
and  fate,  taking  into  consideration  all  the  causes  that  now  exist  and  those  that  you  may 
foresee  ? 

Answer.  Giving  my  opinion  off-hand,  I  am  inclined  to  think  that  the  immediate  result  will 
be  a  great  struggle,  which  struggle,  on  the  part  of  the  blacks,  will  have  the  effect  of  giving 
them  more  character.  God  designs  that  people  shall  grow  strong  through  suffering.  This 
suffering  will  make  the  blacks  strong  and  vigorous  ;  will  give  them  a  different  position  from 
fliat  winch  they  could  possibly  have  had  if  they  were  taken  care  of  as  mere  children.  As 
slaves  they  would  be  always  children.  They  have  got  to  grow  into  men  by  being  allowed, 
to  a  great  extent,  to  work  .out  their  own  destiny.  I  conceive  that  the  great  policy  of  the  gov 
ernment  should  be  simply  to  protect  these  people  in  their  rights,  and  let  them  be  perfectly 
free  to  work  out  the  results  just  as  white  people  work  out  results.  I  think  that  there  is  danger 
to  them  in  doing  too  much  for  them.  I  think  that  the  effect  of  it  will  be  to  keep  them  children. 
I  think  that  the  great  policy  of  the  Freedmen's  Bureau  should  be  to  keep  its  eye  on  that  point, 
not  to  do  so  much  itself,  but  to  help  the  blacks  to  do  for  themselves.  I  believe  that  this  strug 
gle  will  be  gone  through  with.  I  then  reason  that,  after  the  struggle  is  passed,  and  after 
these  blacks  are  prepared  by  God's  providence,  through  this  very  process  for  their  own  legiti 
mate  work,  they  will  then  find  their  way  over  to  the  islands,  by  the  laws  of  commercial  colo 
nization,  and  from  the  islands  to  Africa,  and  I  think  I  see  through  it  all  the  regeneration  and 
salvation  of  a  continent.  I  prepared  some  views  on  commercial  colonization,  which  were 
published  at  the  commencement  of  the  war.  I  then  said  : 

"Commercial  colonization  we  think  preferable  to  any  other,  because  it  relies  upon  the  im 
mutable  law  of  demand  and  supply — that  to  the  point  of  demand  for  laborers  will  laborers 
be  attracted.  It  will  save  the  government  of  the  United  States  the  expense  of  transporting 
the  blacks  ;  it  will  permit  direct  intercourse  and  treaty  with  the  States,  as  well  as  with  the 
general  government ;  it  will  save  the  expense  of  maintaining  colonies  and  protectorates ;  it 
will  cause  the  coalescing  of  the  blacks  of  our  country  with  those  of  their  own  race  living 
under  laws  long  tested  and  adapted  to  their  condition. 

' '  The  laws  of  political  economy  and  the  considerations  suggested  point  strongly  to  the  West 
Indies,  for  a  brief  period,  as  the  home  of  the  greater  part  of  the  blacks,  forming  a  mighty 
breakwater  of  an  island  empire  against  the  attacks  upon  us  from  the  Old  World,  if  we  majie 
the  colored  race  our  friends. 

"The  northern  States  are  not  inclined  to  receive  the  negroes.  They  cannot  go  in  great 
numbers  to  Africa,  for  Africa  is  not  prepared  to  receive  them,  and  humanity  would  revolt  at 
flieir  being  left  to  perish  on  her  ill-fated  shore,  or  to  retrograde  into  barbarism.  To  maintain 
many  governments  or  colonial  protectorates  would  be  burdensome. 

"Central  America,,  while  transportation  to  this  point  would  be  cheaper  than  to  Africa,  is 
on  the  highway  for  the  whites  from  the  east  to  the  west,  and  the  blacks  ought  to  be  removed 
from  their  incursions  and  example.  Territory  must  also  be  here  purchased,  a  government 
created,  laws  made,  and  all  the  incidents  of  pioneer  colonization  again  and  again  repeated. 

"  To  send  them  to  the  West  Indies  would  cost  infinitely  less  in  transportation  and  less  in 
early  subsistence.  It  would  involve  the  purchase  of  no  territory  and  the  creation  of  no  pro 
tectorate.  They  would,  in  their  island  home,  be  freer  from  incursions,  in  a  climate  more  sa 
lubrious,  and  in  a  more  favorable  commercial  locality. 

"The  governments  of  the  islands  are'better  suited  to  the  negroes  in  their  infantile  condition, 
and,  being  distributed  among  the  islands,  they  would  readily  coalesce  and  become  a  homo 
geneous  people,  without  the  evils  attendant  upon  colonization  in  a  new  country. 

***#*****  *** 

"Immigration  to  America  in  1851  amounted  to  500,000  souls  for  that  year,  and  to  I860 
varied  from  this  number  to  150,000  per  annum.  It  will  take  but  a  few  years  to  transport  all 
fho  slaves  to  the  islands  and  replenish  them  with  fiee  white  laborers  at  this  rate. 

"  Hay  ti  has  a  population  of  34  to  a  square  mile ;  Jamaica,  75  ;  Trinidad,  30 ;  the  Windward 
islands,  265 ;  the  Leeward  islands,  230  ;  the  French,  300  ;  the  Dutch  islands,  500  ;  the  Danish 
islands,  30 ;  the  Swedish  island,  350  persons  to  a  square  mile.  Among  the  Windward 
islands,  Barbadocs  has  900  persons  to  a  square  mile ;  the  others,  with  nearly  equal  capacity, 
only  100  to  a  square  mile.  In  the  Leeward  islands,  Bahamas  have  only  5  to  a  square  mile, 
yet  with  a  capacity  for  hundreds.  Jamaica  has  75  to  a  square  mile,  and  wants  more  laborers. 
Massachusetts  lias  J70  persons  to  a  square  mile  ;  Rhode  Island,  150  ;  New  Jersey,  100.  Leav 
ing  out  of  consideration  the  superior  fertility  of  the  islands,  their  tropical  character,  and  their 
capacity  for  population,  to  an  extent  not  to  be  equalled  in  the  northern  States,  according  to 
the  ratio  above,  llayti  can  take  1 J  million  more,  and  then  only  be  equal  to  Jamaica — take 
ail  our  blacks,  and  then  not  equal  Massachusetts  or  New  Jersey  in  density  of  population  ;  coa> 


94  RECONSTRUCTION. 

pared  with  the  Wind  ward  islands,  it  could  take  7,000, 000.  According  to  the  estimate  above,  the 
West  Indies  can  take  12,000,000  colonists,  and  then  not  equal  Maryland,  with  65  persons  to 
a  square  mile. 

"New  York  has  a  population  of  3,100,000,  and  47,000  square  miles;  the  islands,  100,000 
square  miles,  and  a  population  of  3,500,000.  The  islands  contain  more  than  twice  as  many 
square  miles  as  New  York,  with  but  one-half  of  her  population.  Thus  they  can  take  all  our 
blacks,  and  then  not  equal  New  York  in  population. 

"In  the  foregoing  remarks  we  must  not  be  understood  to  have  any  but  the  most  friendly 
feeling's  to  the  colonies  of  Africa  or  the  American  Colonization  Society.  Let  the  colonies 
have  all  they  can  take  care  of,  the  2,000  specified  by  one  of  the  secretaries,  this  year,  and 
the  5,000  for  next  year,  and  so  on.  Africa  must  be  redeemed,  and  West  India  colonization  will 
only  help  on  the  work.  The  remark  of  the  great  William  Pitt  will  be  realized,  lie  said: 
'We  may  live  to  behold  the  nations  of  Africa  engaged  in  the  calm  occupations  of  industry, 
and  in  the  pursuit  of  a  just  and  legitimate  commerce.  We  may  behold  the  beams  of  science 
and  philosophy  breaking  in  upon  their  land,  which  at  some  happier  period,  instill  later  times, 
may  blaze  with  full  lustre,  and  joining  their  influence  to  that  of  pure  religion,  may  illuminate 
and  invigorate  the  most  distant  extremities  of  that  immense  continent.' 

"It  has  been  by  commercial  colonization  that  the  Germans  and  Irish  came  to  our  shores, 
not  by  being  sent  over  here  by  the  governments  of  the  Old  World.  There  was  a  greater 
demand  here  for  their  labor  and  less  competition  in  labor.  So  when  we  do  not  need  the 
labor  of  the  blacks,  when  there  is  greater  demand  elsewhere,  as  there  soon  will  be  in  the 
Wast  Indies  and  in  Africa,  the  blacks  will  defray  their  own  colonization  there,  and  just  as 
fast  as.  there  is  such  demand.  God's  laws  obeyed  by  all,  all  wrill  be  at  peace  and  happy  and 
prosperous." 

These  views  were  adopted  and  printed  by  the  Committee  on  Emancipation  in  the 
House  of  Representatives,  and  I  was  appointed  by  the  President  to  go  to  ilayti  for  the 
purpose  of  carrying  out  these  views  in  the  islands,  arid  to  open  negotiations  with  the  south 
ern  States  directly.  It  was  not  that  I  expected  anything  from  it  except  to  show  the 
people  that  there  was  an  outlet  for  the  blacks,  and  that  they  might  be  taken  off  if  necessary, 
(not  that  I  desired  or  favored  it,  but  as  a  political  idea.)  I  have  no  doubt  that  that  is  to  be 
the  result.  I  have  been  in  Africa,  and  in  the  West  India  islands,  and  in  Brazil,  and 
although  I  was  a  mere  boy,  comparatively,  when  in  Brazil,  I  kept  a  record  of  all  the  slave 
vessels  coming  in  with  slaves  and  going  out  in  ballast.  My  attention  was  early  called  to 
these  matters,  and  I  am  inclined  to  think  that  that  will  be  the  result,  though  it  is  not  a 
result  that  I  would  attempt  to  secure. 

Question.  Then  you  rather  look  to  a  gradual  exodus  of  the  black  race  from  the  country  ? 

Answer.  Yes,  sir,  by  its  own  voluntary  act.  I  should  not  favor  that  exodus  at  present.  I 
should  prefer  to  retain  the  blacks.  I  regard  them  as  essential  to  the  present  prosperity  of 
the  country.  It  is  to  me  a  beautiful  idea  of  the  results  of  God's  providence  in  this  whole 
matter,  not  justifying  the  ways  of  man,  but  justifying  the  ways  of  God.  I  think  there  should 
be  a  kind  feeling  kept  up  everywhere.  While  any  forced  colonization  should  be  opposed 
by  the  government,  still  I  think  there  should  bo  an  entente  cordiale  created  between  all  the 
black  peoples  of  this  country  and  the  world,  as  a  matter  of  elevated  and  statesmanlike 
diplomacy.  I  may  remark  in  this  connexion  that  the  President  eventually  appointed  Mr, 
Hale,  of  New  Hampshire,  as  commissioner,  and  the  matter  hung  in  the  Senate.  This 
whole  matter  can  be  adjusted  to  the  interests  and  feeling  of  all  without  the  intervention, 
of  Congress,  and  without  the  expenditure  of  public  money.  The  principles  of  commercial 
colonization  will  regulate  it.  While  it  is  desirable  that  the  blacks  should  remain  here  for 
many  years,  on  account  of  their  importance  to  the  industrial  interests  of  the  country,  still 
causes  in  operation,  commercial  causes,  will  eventually  lead  them  to  seek  homes  elsewhere. 
These  causes  tire  aided  by  the  temperament  and  habits  of  the  blacks,  which  it  will  take  many 
years  to  eradicate  and  change.  Being  brought  into  competition  with  the  more  active, 
energetic  labor  of  the  nervous  whites,  the  blacks  will  naturally  find  egress  to  homes  where 
they  will  have  less  nervous  competition.  Thus  will  the  prejudice  of  the  white  man  bo  re 
lieved,  and  the  whole  conduce  to  the  development  of  the.  islands  of  the  ocean  and  the  waste 
places  of  Africa.  It  appears  to  mo  that  God  designs  in  his  providence  that  the  colored 
people  shall  remain  here  longer  and  free  until  they  have  become,  thus  aided  by  the  sufferings 
through  which  they  must  pass,  valuable  and  useful  to  the  immense  African  world  lying  in 
darkness.  The  colored  people  of  the  south  ought  to  be  simply  protected  in  the  exercise  of 
their  full  personal  righto,  but  should  be  inured  jko  struggle  and  labor  as  the  natural  antece- 
dents  of  strength  and  success.  It  is  impossible,  even  if  it  were  desirable,  to  make  of  the 
north  a  grand  elemosynary  institution.  The  immediate  sufferings  of  the  south  should  be 
alleviated  by  philosophical,  Christian,  earnest  minds,  who  understand  the  people  of  the 
south  and  the  blacks  of  the  south,  and  who  at  the  same  time  are  their  devoted  friends,  and 
are  unquestioned  in  their  loyalty  to  the  government. 

Question.  What  is  your  idea  in  reference  to  the  willingness  of  the  people  at  the  south  to 
pay  the  national  debt? 

Answer.  I  answer,  that  the  south  will  not  consent,  if  they  can  help  it,  to  pay  any  portion 
of  the  public  debt  created  to  humble  them,  as  they  say.  Not  only  that,  but  they  will  en 
deavor,  as  far  as  they  are  able,  some  way  or  other,  to  have  the  country  pay  all  their  debt, 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  95 

whether  State  or  confederate.  Their  struggle  now  is  to  preserve  as  much  of  the  respecta 
bility  of  secession  as  they  can,  and  they  will  do  it  in  every  way  they  can,  without  bringing 
themselves  into  conflict  with  the  government.  They  will  do  all  they  can  for  themselves, 
and  as  little  as  possible  for  the  north.  This  is  human  nature.  This  is  to  be  expected.  They 
do  not  profess  conversion  to  the  principles  and  cause  of  the  federal  government.  They  do 
not  profess  to  be  sorry  for  their  course  in  the  war.  They  regret  that  they  did  not  succeed. 
They  submit  to  the  laws  as  far  as  is  necessary,  and  mean  to  have  these  laws  as  palatable  as 
possible  to  them.  All  they  can  effect  politically,  socially,  and  ecclesiastically,  they  will. 
They  have  no  more  use  for  bullets.  They  henceforth  use  the  social,  the  ecclesiastical,  and 
the  political  ballot. 


WASHINGTON,  D.  C.,  February  10,  1866. 
Lieutenant  W.  L,  Chase  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  What  is  your  official  position? 

Answer.  I  am  on  duty  as  assistant  superintendent  of  the  Freedmeti's  Bureau,  in  Cul 
peper  county,  Virginia. 

Question.  Are  you  a  native  of  Virginia? 

Answer.  No,  sir ;  of  the  State  of  New  York. 

Question.  How  long  have  you  been  on  duty  in  Culpeper  county  ? 

Answer.  Since  the  '20th  of  December  last. 

Question.  Have  you  been  in  command  there  ? 

Answer.  Yes. 

Question.  How  do  the  secessionists  down  there  feel  toward  the  government  of  the  United 
States? 

Answer.  They  feel  very  bitter  and  very  sore. 

Question.  How  do  they  treat  you  ? 

Answer.  Officially  they  treat  me  very  politely ;  but  behind  my  back  they  are  very  dif 
ferent  ;  they  are  two-faced. 

Question.  You  think  they  look  one  way  and  row  another  way  sometimes  ? 

Answer.  Yes,  sir ;  that  is  it  exactly. 

Question.  How  do  they  treat  the  freedmen  ? 

Answer.  They  do  not  want  to  give  the  freedmen  much  of  a  chance  ;  and  if  it  were  not 
for  some  of  us  being  there  I  do  not  think  the  freedmen  would  have  any  show  of  justice  at  all. 

Question.  Would  not  the  Unionists  down  there  be  perfectly  tranquil  and  happy  in  case 
the  troops  were  withdrawn  ? 

Answer.  There  are  very  few  Unionists  there. 

Question.  Would  the  withdrawal  of  troops  increase  their  security  and  tranquillity  ? 

Answer.  No,  sir;  it  is  just  the  opposite,  in  my  experience. 

Question.  In  case  of  the  withdrawal  of  the  troops,  would.you  anticipate  scenes  of  violence 
towards  the  Unionists,  towards  the  people  who  are  loyal  ? 

Answer.  I  only  know  of  one  or  two  who  are  loyal. 

Question.  Do  you  mean  to  say  that,  substantially,  the  whole  of  the  white  people  down 
there  are  secessionists  and  rebels  ? 

Answer.  From  my  experience  I  believe  they  are  just  as  strong  rebels  to-day  as  they  were 
&t  the  beginning  of  the  war.  A  few  of  them  are  disposed  to  take  the  thing  as  it  is. 

Question.  State  whether  you  hear  any  expressions  of  disloyalty  or  discontent  against  the 
government  of  the  United  States. 

Answer.  I  have  had  a  good  many  conversations  with  citizens.  I  had  one  gentleman  tell 
me  that  if  the  government  of  the  United  States  went  to  war  with  any  foreign  country  the 
south  wrould  go  with  that  foreign  country  in  preference  to  the  Union.  I  would  like  to  say 
that  on  my  arrival  at  Culpeper  I  found  twelve  men  of  the  llth  Maine.  They  have  since 
been  withdrawn,  and  mustered  out.  Since  that  time  the  people,  as  a  general  thing — certain 
classes  of  them — have  grown  very  turbulent,  and  threaten  sometimes  ;  but  their  threats  do 
not  amount  to  much. 

Question.  Do  they  use  insolent  expressions  towards  you  and  your  little  force  ? 

Answer.  I  have  no  force  there  now.  I  am  entirely  alone.  I  hear  of  them.  I  have  been 
insulted  twice.  Both  parties  were  drunk.  The  first  time  the  party  came  and  apologized. 
The  next  time  the  man  was  of  such  a  low  character  that  I  paid  no  attention  to  it.  An  offi 
cer  without  troops  is  liable  to  insult  at  any  time.  I  have  sometimes  gone  out  of  my  way  to 
avoid  collisions.  There  is  a  class  of  young  men,  returned  from  the  army,  and  who  have 
been  with  Mosby,  who  are  very  bitter  against  the  government,  and  who  are  lying  around 
bar-rooms. 

Question.  They  are  not  a  very  industrious  portion  of  the  population  ? 

Answer.  No  ;  there  are  very  few  people  there  who  are  industrious. 


96  RECONSTRUCTION. 

Question.  Is  it  not  chiefly  that  kind  of  persons  who  cry  out  against  the  negro,  and  protest 
that  he  will  not  work  ? 

Answer.  Yes,  sir;  there  are  a  great  many  farmers  who  tell  me  that;  but  there  are  others 
who  tell  me  differently.  I  cannot  place  a  great  deal  of  confidence  in  what  any  one  tells  me, 
because  they  are  all  apparently  of  one  opinion  there. 

Question.  I  suppose  they  all  say  that  they  "accept  the  situation  ?" 

Answer.  Yes ;  they  often  come  to  me  and  want  to  have  a  confidential  talk  with  me. 
They  say, ."  We  are  good  Union  people.  We  never  voted  for  secession.  We  were  forced 
into  this."  Still  they  will  go  right  away  and  talk  differently  with  their  own  people. 

Question.  And  glory  in  having  taken  part  in  the  rebellion  ? 

Answer.  Yes;  glory  in  having  assisted  the  rebellion. 

Question.  What  has  become  of  Mosby? 

Answer.  The  last  I  heard  of  him  was  at  Warrenton,  where  he  was  practicing  law. 

Question.  In  case  of  war  between  the  United  States  and  a  foreign  power,  what  side  would 
these  men  espouse,  do  you  think  ? 

Answer.  I  think  that  a  great  many  of  those  who  entertain  these  bitter  sentiments  would 
go  with  the  foreign  country  in  preference  to  the  United  States.  My  views  were  in  accord 
ance  with  those  of  Mr.  Johnson  when  I  went  there,  believing  that  his  policy  in  reference  to 
reconstruction  of  the  States  was  just;  but,  from  my  experience,  I  am.  inclined  to  be  very 
radical. 

Question.  What  do  you  think  has  really  been  the  effect  of  that  liberal  policy  on  the  mintb 
and  hearts  of  secessionists  there  ? 

Answer.  I  think  it  has  been  the  cause  of  their  demanding  what  they  had  no  right  to  de 
mand,  and  of  making  them  more  bitter  towards  the  government  generally,  especially  to  the 
people  of  the  north. 

Question.  Does  it  make  them  more  outspoken  and  insolent  in  their  language  towards  the 
government  of  the  United  States  ? 

Answer.  Yes ;  I  believe  it  does,  from  what  I  can  learn.  After  the  fall  of  Richmond  and 
the  surrender  of  Lee's  army,  people  were  in  a  state  of  terror.  They  expected  almost  total 
annihilation.  They  found  out  that  nothing  of  that  kind  was  going  to  happen ;  and  they 
turned  right  around. 

Question.  Do  they  not  respect  the  laws  of  the  United  States  down  there? 

Answer.  They  do  not  like  to  if  they  can  avoid  it.  Anything  in  the  shape  of  military  au 
thority  they  do  not  like  to  obey. 

Question.  Still  they  have  a  certain  degree  of  respect  for  the  northern  bayonet? 

Answer.  They  are  very  much  afraid  of  the  military  ? 

Question.  How  do  they  feel  towards  the  freedmen? 

Answer.  Certain  classes  feel  very  bitter  towards  them  ;  but  the  farmers,  who  cannot  get 
labor  otherwise,  are  very  desirous  of  retaining  them.  It  is  policy  with  them.  They  use 
policy,  of  course,  but  they  are  not  willing  to  give  them  their  just  rights  as  laborers.  I  would 
state,  in  extenuation  for  these  people,  that  the  country  has  been  very  much  devastated. 
While  General  Meade's  army  wintered  there  in  1863-'b'4,  the  timber  was  cut  down,  and  a 
great  many  houses  burned  and  torn  down. 

Question.  His  encampment  down  there,  I  suppose,  was  evidenced  afterwards  by  numerous 
chimney  stacks  ?  • 

Answer.  Yes,  sir  ;  a  great  many. 

Question.  How  do  these  fellows  down  there  talk  about  the  war? 

Answer.  They  glory  in  the  success  which  they  did  have — that  with  a  small  army  they  held 
out  so  long.  A  good  many  of  them  deprecate  the  idea  of  ever  giving  up.  Others — quite  a 
number  of  Jroung  men  who  have  never  taken  the  amnesty  oath — feel  very  sore  towards  the 
north,  and  believe  still  that  they  were  right  in  fighting  for  the  south. 

Question.  Do  you  think  that  a  great  many  of  them  would,  if  they  hud  a  chance,  fight 
again  against  the  United  States  ?. 

Answer.  Not  so  many ;  a  great  many  have  got  tired  of  facing  the  music. 

Question.  They  do  not  think  that  war  is  quite  as  jolly  a  sport  as  they  did  at  the  beginning 
of  it .' 

Answer.  Not  exactly.  There  is  a  very  bitter  feeling,  though,  against  the  government 
They  tell  ine  that  they  are  willing  to  come  in  under  President  Johnson's  ideas.  They  sny 
that  they  have  done  ail  that  the  government  required  of  them,  and  now  they  want  to  come  in 
and  have  representation.  They  are  taxed,  and  they  want  representation  with  taxation. 

Question.  Suppose  it  were  left  to  these  people  down  there,  to  say  whether  the  confederate 
rebel  debt  should  lie  paid  ;  how  would  they  vote  upon  that  question  ? 

Answer.  I  believe  they  would  vote  to  pay  it. 

Question.  Suppose  the  question  was  submitted  to  them  whether  or  not  they  would  pay  the 
federal  debt  contracted  in  the  prosecution  of  the  war;  how  would  they  vote  on  that  question  ? 

Answer.  They  would  not  want  to  pay  it.  As  an  instance.  Mr.  Stiles,  the  collector,  was 
there  collecting  the  direct  tax  of  1863 ;  they  were  very  much  opposed  to  paying  it,  and  a 
great  many  refused  to  pay  it,  saying  that  the  government  had  no  right  to  tax  them  for  the 
year  J  SK!.  They  claimed  that  they  were  not  under  the  control  of  the  government  of  the 
United  States  at  that  time. 


VIRGINIA— NORTH    CAROLINA — SOUTH   CAROLINA  97 

Question.  Well,  they  paid  their  taxes,  did  they  not? 

Answer.  Yes,  sir,  a  great  many  of  them  paid ;  but  it  was  a  very  sore  thing  for  them  to  do. 
A  northern  man  is  not  called  anything  respectable  there. 

Question.  He  is  not  received  into  society,  is  he  ? 

Answer.  Well,  to  a  certain  extent  he  is. 

Question.  Is  he  invited  into  good  families  on  social  occasions  ? 

Answer.  I  cannot  complain  of  my  treatment  there.  I  have  had  invitations  to  go  to  some 
of  the  first  families,  as  they  call  themselves,  -but  I  have  not  availed  myself  of  the  privilege, 
because  my  duties  require  my  attendance. 

Question.  How  much  force  have  you  at  Culpeper  ? 

Answer.  None  at  all ;  I  am  alone. 

Question.  You  constitute  the  army  stationed  at  Culpeper  ? 

Answer.  Yes,  sir ;  the  force  has  been  taken  away  from  all  the  counties.  The  nearest  force 
to  me  is,  I  believe,  one  company  of  regulars  at  Charlottes ville,  about  fifty  miles  below,  on 
the  Orange  and  Alexandria  railroad. 

Question.  Do  they  seem  to  feel  in  terror  of  so  formidable  an  army  of  occupation  as  Lieu 
tenant  Chase  composes  dowrn  there  ? 

Answer.  They  are  afraid,  because  I  let  them  know  that  they  must  do  so-and-so,  and  must 
obey  the  instructions  I  receive,  or  else  I  should  report  them.  But  they  still  do  a  great  many 
things  which  I  do  not  know  anything  about,  and  which  are  kept  from  my  ears.  I  believe 
that  a  military  force  is  absolutely  necessary  down  there.  There  is  one  loyal  man  there  who 
is  a  resident  and  landholder,  but  who  left  when  Meade's  army  left.  He  is  looked  down  upon 
by  the  citizens,  and  is  persecuted  to  some  extent.  He  is  a  bricklayer  and  builder.  He  was 
a  bachelor,  and  had  a  colored  woman  as  housekeeper.  The  people  claim  that  he  is  living 
openly  with  that  woman.  He  defies  them  to  prove  anything  of  the  kind,  and  I  do  not  be 
lieve  myself  that  he  is.  He  is  a  man  thirty-five  or  forty  years  of  age,  a  very  industrious  man, 
a  Swiss  by  birth,  and  who  refused  to  take  the  oath  of  allegiance  to  the  rebel  confederacy,  and 
was  obliged  to  leave  when  Meade's  army  left.  He  is  the  only  resident*!  know  who  is  truly 
Union.  A  great  many  of  them  take  the  oath  of  allegiance,  but  I  do  not  think  that  the  oath 
amounts  to  much  with  a  great  many  of  them.  Some  have  taken  it  in  good  faith. 

Question.  Are  the  whites  inclined  to  go  to  work  and  repair  their  fortunes  ? 

Answer.  Some  are,  but  others  are  lying  around  and  bewailing  their  lot  and  cursing  the 
Yankees. 

Question.  Is  the  latter  class  very  numerous  ? 

Answer.  I  think  they  predominate  over  the  other  class. 

Question.  Do  you  think  of  anything  else  which  you  wish  to  state  to  the  committee  ? 

Answer.  No  ;  except  it  is  that  I  think  it  is  necessary  to  have  troops  to  carry  out  the  in 
structions  imposed  upon  officers  by  the  Freedmen's  Bureau,  and  to  keep  the  peace  and  pre 
serve  order.  I  had  a  shooting  case  in  my  county  the  week  before  last.  I  bound  the  parties 
over  to  appear  before  such  court  as  the  commanding  officer  of  the  State  of  Virginia  might 
designate.  A  woman  was  shot.  It  was  a  very  peculiar  case.  She  had  slandered  the  family 
of  the  man,  and  in  the  excitement  of  the  moment,  being  a  very  passionate  man,  he  had  shot 
her  in  the  head.  His  son  came  in  two  hours  afterwards  intoxicated  and  beat  the  woman  with 
a  pistol  on  the  head  and  stabbed  her.  That  is  her  own  statement.  I  took  the  testimony  and 
forwarded  it  to  the  proper  authority. 

Question.  Was  any  question  of  Unionism  or  secessionism  connected  with  that  case? 

Answer.  The  woman  was  a  freedwoman — a  black  woman.  She  had  been  a  servant  in  the 
family,  and  had  said  something  which  was  very  bad  about  the  family,  but  it  was  through 
jealousy  of  the  servants  that  it  came  to  the  ears  of  the  ladies  of  the  house. 

Question.  Was  the  man  who  shot  her  a  white  man  ? 

Answer.  The  person  who  shot  her  was  one  of  the  citizens  of  the  county — a  very  prominent 
citizen — Dr.  Perry. 

Question.  Are  not  the  civil  rights  of  the  people  there  protected  in  the  State  courts  ? 

Answer.  I  do  not  think  that  a  loyal  man  could  get  his  rights  in  the  courts,  there  is  such  a 
prejudice  against  refugees  and  against  the  northern  men. 

Question.  Do  you  think  that  prejudice  would  affect  the  mind  of  the  court  and  jury  ? 

Answer.  Yes,  sir;  I  think  it  would. 

Question.  Do  they  like  to  have  northern  men  come  and  settle  among  them  ? 

Answer.  They  tell  me  that  they  would  like  it;  but  on  inquiry  I  find  that  northern  men 
have  been  there  to  buy  land,  and  that  the  people  refuse  to  sell  because  they  do  not  want  any 
Yankees,  as  they  call  us,  among  them.  They  think  that  after  awhile  we  might  gain  the 
balance  of  power.  I  read  Carl  Schurz's  report  to  the  President,  and  I  thought  it  came 
nearer  the  true  state  of  affairs  than  anything  I  had  seen.  Persons  travelling  there  from  the 
north,  officially,  are  very  apt  to  have  smooth  tales  told  them. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  say  ? 

Answer.  No.  sir;  except  that  I  believe  the  rebellion  is  not  crushed  yet. 

Question.  You  believe  that  there  wasn't  fighting  enough  after  all. 

Answer.  I  believe  more  in  subjugation  now  than  I  did  ever  before. 

Question.  What  were  your  politics  before  you  went  into  the  army? 

Answer.  I  was  a  Lincoln  man ;  that  is,  I  believed  in  Mr.  Lincoln's  ideas  of  republicanism. 
7   V  NC   SC 


9  8  RECONSTRUCTION. 

Question.  Were  you  ever  an  abolitionist? 

Answer.  No,  sir  ;  never. 

Question.  You  were  an  old  democrat. 

Answer.  I  inherited  from  my  father  what  is  called  the  old  Hunker  democratic  principles , 
but  after  I  became  old  enough  to  think  for  myself  I  cast  them  aside.  I  became  what  is  called 
a  Native  American,  and  attached  myself  to  that  party.  I  was  in  Illinois  at  the  time  that  Mr. 
Lincoln  and  Mr.  Douglas  were  canvassing  the  State,  and  I  then  became  a  supporter  of  Mr. 
Lincoln's. 

Question.  Are  you  a  citizen  of  Illinois  now?" 

Answer.  No,  sir ;  New  York  is  my  native  State. 


WASHINGTON,  February  10,  1866. 
Dale  Carter  sworn  and  examined : 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  Russell  county,  Virginia,  in  the  extreme  southwest  part  of  the  State,  between 
Tennessee  and  Kentucky. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  Yes,  sir,  I  was  born  there,  and  have  remained  there  a  great  part  of  the  time 
since. 

Question.  Do  you  hold  any  public  office  in  Virginia  ? 

Answer.  I  am  the  senator  from  that  district  in  the  Virginia  senate. 

Question.  Have  you  a  pretty  general  acquaintance  with  the  people  of  Virginia? 

Answer.  I  was  in  the  convention  assembled  to  frame  the  constitution  in  185U-'51,  which 
formed  the  constitution  of  the  State  previous  to  the  Alexandria  constitution  ;  then  I  have  been 
in  the  legislature  of  Virginia ;  I  was  in  the  legislature  in  1857-'58 ;  I  was  then  in  the  heuse 
of  delegates  ;  I  am  now  in  the  senate.  I  can  say  that  I  have  a  tolerable  acquaintance  with 
the  people  of  Virginia. 

Question.  What  is  the  general  feeling  among  that  class  of  the  people  of  Virginia  who 
have  been  hitherto  known  as  secessionists  (I  call  them  secessionists  for  brevity's  sake) 
towards  the  government  of  the  United  States  1 

Answer.  So  far  as  I  am  informed  on  that  subject  I  know  of  no  man  anywhere  in  that 
quarter  who  desires  to  encourage  anything  like  the  doctrine  of  secession.  On  the  contrary, 
1  think  that  all  are  heartily  tired  of  any  resistance  to  the  government  of  the  United  States  in 
any  form  or  shape. 

Question.  Do  they  generally  feel  friendly  to  the  government  of  the  United  States  ? 

Answer.  I  think  so,  except  this  fact — that  the  people,  those  who  pretend  to  examine  into 
and  know  anything  about  the  matter  at  all,  complain  some  that  they  are  not  allowed  into 
the  possession  of  their  original  rights,  the  right  of  representation,  &c.  They  think,  as  they 
say,  that  they  are  at  present  toward  the  government  of  the  United  States  as  they  should  be, 
and  that  they  ought  to  be  reinstated,  and  that  the  government  ought  not  to  suspect  theni 
from  anything  they  have  done  at  all  since  the  surrender. 

Question.  How  are  the  Unionists  proper — I  mean  those  who  have  been  steadfast  in  their 
attachment  to  the  government  of  the  United  States  during  the  war  and  before  the  war — how 
are  they  treated  generally  by  the  secessionists  ? 

Answer.  The  offices  are  nearly  all  filled  by  Unionists;  that  is,  by  men  who  incline  that 
way,  and  who  never  gave  sanction  to  the  rebellion,  but  who  were  opposed  to  it  very  often. 
Out  of  prudence,  men  said  nothing ;  I  was  one  of  that  description  myself,  I  said  little  and 
had  very  little  to  do  with  the  matter.  I  was  over  age.  I  have  been  a  whig  since  1824.  Still, 
when  the  south  went  off  in  mass  in  that  way,  men  were  compelled  to  join  in  the  movement 
or  be  silent. 

Question.  Have  you  heard  of  any  scenes  of  violence  that  have  occurred  between  old 
Unionists  and  secessionists  since  the  war,  growing  out  of  disputatious  about  politics? 

Answer.  I  have  heard  of  nothing  of  the  kind,  except  this:  I  live  in  the  vicinity  of  where 
that  class  of  men  who  were  called  secessionists  have  almost  all  been  banished  by  the  original 
Union  men.  There  was  a  good  deal  of  violence  at  one  time  in  East  Tennessee  on  the  part 
of  secessionists,  and  that  made  some  bitter  enemies  among  the  Unionists,  because  they 
banished  some  of  them.  I  believe  they,  did ;  at  any  rate  this  thing  reverted  in  the  other 
direction,  and  these  Union  men  have  got  possession  of  the  country  again,  and  have  expelled 
a  great  many  of  those  who  were  once  secessionists.  However,  there  is  no  taking  up  of  arms 
or  anything  of  that  kind,  because  these  secessionists  have  pretty  generally  left  there  or  tried 
to  conceal  themselves.  In  the  State  of  Kentucky,  on  the  other  side  of  me,  where,  except 
those  who  came  out  and  joined  the  army,  they  attempted  to  be  neutral,  and  did  not  want  to 
have  anything  to  do  with  the  war  at  all,  in  any  way,  they  are  perfectly  quiet.  In  the  State 
of  Virginia,  however,  we  have  had  nothing  of  that  kind.  1  am  very  well  acquainted  with 
the  State  of  Virginia,  from  where  I  live  to  Cumberland  Gap.  Whenever  the  war  ceased  every- 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  99 

body  seemed  to  want  to  get  rid  of  it,  to  be  done  with  it,  and  to  return  to  the  Union ;  when  I 
say  everybody,  I  think  I  may  use  that  strong  expression,  almost  everybody,  at  least,  desired 
it.  The  truth  is,  that  the  war  was  gotten  up  and  forced  upon  the  masses  of  the  people  in 
that  region  by  a  few  persons.  That  region  of  country  is  not,  or  was  not,  a  very  slaveholdiug 
region.  They  cared  very  little  about  slaves,  except  a  few  men.  Therefore  the  masses 
regarding  the  war  as  a  war  somewhat  about  slavery,  were  not  disposed  to  join  the  movement 
at  all,  if  they  could  help  it.  A  great  many  were  brought  into  it  in  that  way,  and  a  great 
many  were  not  brought  into  it  at  all.  I  live  in  a  district  which  was  not  very  loyal  to  seces- 
sionism. 

Question.  How  are  nothern  men  treated  in  that  part  of  Virginia  who  come  there  to  settle  ? 

Answer.  I  do  not  think  any  have  come  there;  if  they  have,  I  do  not  recollect  it;  but  I 
will  say  more :  if  they  were  to  come  there  they  would  be  received  and  treated  kindly.  There 
are  large  landholders'in  that  part  of  the  country  who  are  anxious  to  encourage  immigration. 
I  am  one  of  them  ;  I  am  trying  to  get  northern  men  to  come  into  my  neighborhood.  There 
is  no  hostility  towards  northern  men  there ;  I  can  say  that  in  truth. 

Question.  How  do  they  regard  the  abolition  of  slavery  ? 

Answer.  I  can  say  in  truth  that  they  have  given  up  slavery. 

Question.  And  do  not  expect  to  reinstate  it  ? 

Answer.  Never,  sir ;  I  can  say  most  positively,  so  far  as  my  acquaintance  goes,  that  they 
have  no  hopes  or  desires  at  all  ever  again  to  make  an  effort  of  the  kind  in  any  way. 

Question.  How  do  they  generally  treat  the  emancipated  blacks  ? 

Answer.  I  was  a  slaveholder  to  the  amount  of  about  thirty-eight  or  thirty-nine  slaves. 
My  neighbors  and  myself,  so  far  as  my  acquaintance  went,  had  a  sort  of  common  understanding, 
perhaps  owing  to  the  proclamation  issued  by  Governor  Peirpoint,  that  the  negroes  were  free, 
and  we  kept  our  negroes  in  this  way  a  long  while,  until  they  became  so  thoroughly  aware  of 
their  condition,  and  until  everybody  became  so  well  informed  of  their  condition  that  they 
were  told,  "Here  you  are  as  free  as  I  am.  I  will  keep  you  as  you  have  been  living  with 
me,  if  you  stay."  Some  would  say,  "If  you  stay  with  me  I  will  pay  you  wages."  Others 
would  say,  "  If  you  do  not  stay  with  me  as  you  have  been  staying  I  cannot  keep  you  at  all." 
A  great  many  did  leave  their  old  homes.  The  negroes  seemed  to  get  it  into  their  heads  that 
they  would  not  be  free  unless  they  left  where  they  had  been  living;  they  seemed  to  regard  it 
that  they  were  only  then  free.  None  of  my  acquantances  have  since  had  any  slaves.  About 
the  1st  of  August  my  negroes  and  myself  had  a  sort  of  treaty  on  the  subject,  and  they  agreed 
to  stay  with  me  until  the  harvest  was  over;  they  told  me  that  they  would  lease  my  lands;  I 
did  lease  land  to  three  of  them  ;  they  were  going  on  to  prepare  houses,  and  I  was  to  aid  them 
in  preparing  log-cabins  to  live  in  and  in  fencing  some  land  to  cultivate,  which  was  clear,  and 
other  laud  which  they  could  clear  and  open  up  ;  but  an  acquaintance  of  mine  induced  my 
negroes  to  believe  that  they  could  do  better  about  fifteen  miles  up  the  country,  and  they  left 
and  went  up  there ;  they  are  now  leasing  lands  up  there  and  intend  to  farm  it.  In  fact,  it 
was  a  brother-in-law  of  my  own  to  whose  lands  they  went :  he  had  a  large  tract  of  country 
and  owned  slaves,  about  as  many  as  I  did  ;  I  do  not  know  whether  his  own  negroes  rented 
land  from  him,  but  mine  went  up  there  and  rented  land  from  him,  and  are  there  yet.  I  have 
one  old  woman  and  two  small  children  (colored)  who  have  staid  at  my  house,  and  are  there 
yet ;  but  they  are  as  free  as  I  am,  and  are  so  treated. 

Question.  The  rest  will  probably  come  back  to  you  ? 

Answer.  I  believe  so  ;  I  think  they  will  come  back  whenever  they  can  better  their  condi 
tion  by  doing  so. 

Question.  How  do  the  whites  feel  in  that  section  of  the  country  in  reference  to  the  education 
of  freedmen — is  there  any  repugnance  to  it  ? 

Answer.  None  at  all,  if  it  could  be  done  without  expense  to  them.  If  the  blacks  could  do 
it  themselves,  or  if  it  could  be  done  by  any  other  authority,  the  whites  have  no  objection  to 
it ;  but  at  the  same  time  the  country  is  so  ground  down  that  they  cannot  educate  their  own 
children. 

Question.  And  they  would  therefore  feel  an  unwillingness  to  contribute  out  of  their  own 
funds  to  educate  the  freedmen  ? 

Answer.  They  would,  I  think,  because  they  do  not  consider  themselves  able  to  do  it. 

Question.  Suppose  that  particular  difficulty  were  removed,  and  that  they  were  in  possession 
of  their  property,  as  ordinarily,  would  they  be  willing  then  to  assist  in  the  education  of  the 
freedmeu  by  a  general  tax  upon  property? 

Answer.  Well,  now,  sir,  1  cannot  answer  that  question  whether  they  would  or  not ;  per 
haps  if  the  tax  were  a  general  one — one  on  whites  and  blacks  both. 

Question.  Suppose  it  were  imposed  on  whites  and  blacks  both? 

Answer.  I  do  not  know ;  I  cannot  say  what  change  that  might  produce,  nor  can  I  say 
that  the  whites  are  opposed  to  educating  them  at  all,  except,  asl  said  before,  they  do  not  feel 
able  to  educate  even  their  own  children.  There  are  no  schools  in  the  country,  and  there  is 
very  little  personal  property  in  the  country  ;  fences  are  burned  a  great  deal  and  destroyed  ; 
the  country  is  in  a  desolate  and  unproductive  condition  everywhere. 

Question.  Would  a  person  who  should  come  among  them  and  undertake  to  become  an 
instructor  of  the  freedmeu  be  treated  with  respect  by  the  whites,  provided  his  character  was 
good? 


100  RECONSTRUCTION. 

Answer.  Well,  now,  I  cannot  answer  that  either.  As  I  said  before,  if  a  teacher  was  sent  there 
to  teach  them  in  a  free  school,  I  do  not  think  there  would  be  any  objection  to  it  by  the  people. 

Question.  Would  they  receive  the  teacher  of  a  colored  school  into  society,  provided  he  was 
worthy  of  it  in  other  respects  ? 

Answer.  I  cannot  say  about  that. 

Question.  You  think  there  is  some  doubt  about  it? 

Answer.  There  might  be.  I  dare  say  that,  in  some  places,  remarks  would  be  made  about 
it,  particularly  if  the  expenses  of  the  schools  had  to  be  defrayed  by  the  white  men  of  the 
country.  If  it  could  be  done  by  taxes  levied  upon  property  common  to  whites  and  blacks, 
I  do  not  think  they  would  make  any  objection.  As  to  the  fact  that  the  man  was  a  teacher 
of  colored  people,  I  do  not  think  that  would  make  much  difference  to  the  people.  However, 
I  live  where  there  never  have  been  a  great  many  slaves,  and  I  am  speaking  now  of  what  I 
know  about  the  sentiments  of  my  own  acquaintances  in  my  own  district. 

Question.  Have  not  a  large  proportion  of  the  members  of  the  Virginia  legislature,  now  in 
session,  been  elected  by  the  votes  of  secessionists  ? 

Answer.  Well,  sir,  I  suppose  that  a  majority  of  them  were  so  elected.  I  suppose  that  they 
were  almost  all  elected  by  a  majority  of  secession  votes,  because  there  were  a  majority  of 
secession  voters  almost  everywhere  in  the  State.  But  although  the  voters  themselves  were 
once  secessionists,  they  were  not  so  when  they  voted  for  members  of  the  present  legislature. 

Question.  Have  you  not  actually  in  the  legislature  of  Virginia  a  large  proportion 
of  secessionists? 

Answer.  I  do  not  think  so  at  all. 

Question.  I  mean  men  whose  political  proclivities  were  decidedly  in  favor  of  southern  in 
dependence  at  any  time  ? 

Answer.  I  do  not  know  that  I  can  answer  that.  I  can  say  this— that  so  far  as  my 
acquaintance  goes  in  the  Virginia  legislature  the  members  are  pietry  much  of  the  character 
of  men  which  I  described  myself  to  be — men  who  were  not  actively  engaged  in  the  war  at 
all,  and  who  kept  out  of  it  as  much  as  they  could. 

Question.  Have  you  not  in  the  legislature  some  members,  either  in  the  senate  or  house  of 
delegates,  who  actually  took  part  in  the  rebellion  on  behalf  of  the  rebels  ? 

Answer.  Yes,  sir  ;  but  they  took  the  oaths  required  by  the  reformed  government  of 
Virginia. 

Question.  What  proportion  of  such  members  do  you  fancy  are  in  the  legislature? 

Answer.  There  are  very  few  of  them.  I  do  not  know  so  much  about  the  lower  ho.use  ; 
but  I  know  that  in  the  senate  the  members  are  men  who  were  principally  over  age,  and  did 
not  take  any  part  any  way  in  the  war.  As  to  the  house  of  delegates,  so  far  a^l  know,  I 
cannot  say  that  a  majority  of  them  were  men  who  took  an  active  part  at  any  time  in  the 
rebellion.  I  can  say  that  some  of  them  were,  and  that  some  of  them  were  men  who  took  an 
active  part  the  other  way. 

Question.  Have  you  any  reason  to  believe  that  any  portion  of  the  people  of  Virginia,  of 
the  influential  classes,  still  entertain  the  project  of  southern  independence  and  ultimate 
secession? 

Answer.  I  have  not  any  such  impression.  I  do  not  believe  any  such  idea  is  enter 
tained  in  the  south.  I  have  no  idea  of  it.  I  have  been  in  the  legislature  since  the  first  Mon 
day  in  December,  and  I  have  no  thought  that  the  remotest  idea  of  that  sort  exists  in 
Virginia  anywhere.  You  hear  it  from  the  speakers  on  all  occasions,  and  you  hear  it  in  con 
versation  everywhere,  that  slavery  is  at  an  end,  and  that  secessionism  is  at  an  end,  that  the 
south  has  been  badly  whipped,  and  that  they  give  it  up,  and  are  determined  to  be  loyal. 

Question.  They  consider  that  the  question  has  been  settled  by  the  sword  ? 

Answer.  Yes,  sir.     These  are  the  sentiments  I  hear  uttered. 

Question.  How  do  they  talk — I  mean  those  who  were  advocates  of  secession,  the 
preachers  of  the  doctrine,  and  the  dialecticians  who  have  talked  to  the  people  on  the  subject? 
How  do  they  regard  now  the  abstract  question  of  the  right  of  a  State  to  secede  and  with 
draw  ? 

Answer.  That  is  a  question  which  you  hardly  ever  hear  discussed.  Men  say  nothing 
about  it,  because  no  issue  can  be  ever  made  about  it  again,  as  they  think,  and  never  will. 

Question.  You  do  not  think  it  ever  will  be? 

Answer.  I  do  not  believe  it  ever  will  be  in  the  United  States.  There  is  no  other  matter  of 
controversy  which  can,  as  it  seems  to  me,  bring  up  any  such  state  of  things,  the  slavery 
question  being  disposed  of.  It  seems  to  me  that  there  is  no  other  question  which  can  pro 
duce  any  very  material  difference  in  the  various  sections  of  the  country.  And  when  I  say 
that  men  seceded  and  advocated  the  doctrine  of  secession  I  must  be  permitted  to  say  that  at 
the  time  a  great  many  of  them  thought  it  was  right ;  they  thought  that  the  State  had  the 
.power  to  secede;  they  had  heard  so  much  of  their  State-rights  doctrine  preached  to  them 
that  they  believed  it,  and  they  believed  that  the  government  itself  had  not  given  them  their 
rights  under  the  Constitution,  and  therefore  thej  went  into  the  movement.  But  those  dis 
putes  about  what  the  government  had  done  and  was  doing  were  almost  altogether  in  relation 
to  slaves,  so  that  when  you  give  up  slavery  the  whole  thing  is  at  an  end ;  and  that  we  are 
willing  to  do,  I  think. 

Question.  You  have,  of  course,  given  a  great  deal  of  thought  and  reflection  to  the  causes 


VIRGINIA NORTH   CAROLINA — SOUTH    CARO.LINA.  101 

of  the  rebellion  on  the  part  of  the  south.  Do  you  think  that  the  great  cause  of  making  war 
upon  the  United  States  was  a  fear  on  the  part  of  the  southern  people  that  they  should  lose 
their  slaves  by  the  action  of  Congress  ? 

Answer.  I  do,  sir,  think  so,  and  I  will  tell  you  why  I  think  so.  Politicians  would  argue 
in  this  way:  the  government  has  done  this,  and  the  government  has  done  that,  and  this 
thing  will  be  carried  on  to  an  extreme  which  will  amount  to  this.  For  instance,  these  per 
sonal  liberty  bills  that  were  passed  in  the  States  all  over  the  country  had  a  powerful  effect  in 
producing  that  impression.  I  would  say  further,  in  relation  to  that  matter,  that  I  believe 
that  it  was  that  almost  alone  that  made  them  go  into  the  movement  at  the  time  they  did. 

Question.  They  intended  to  save  slavery  by  withdrawing  from  the  Union  1 

Answer.  I  have  no  doubt  that  the  south  did. 

Question.  Suppose  this  contemplated  amendment  to  the  Constitution  should  pass  which 
fixes  the  basis  of  representation  according  to  the  number  of  persons  in  each  State,  but  de 
clares  that  where  a  State  shall  refuse  the  right  of  suffrage  to  any  person  on  account  of  race 
or  color,  then  the  whole  number  of  people  of  that  race  shall  be  deducted  from  the  number 
which  forms  the  basis  of  representation,  is  it  your  opinion  that  the  people  of  Virginia  would 
ever  grant  the  right  of  suffrage  to  the  Slacks  ? 

Answer.  That  is  a  question  which  I  cannot  answer,  for  it  would  be  really  giving  an 
opinion  without  the  data.  I  think,  however,  that  a  great  many  of  the  people  of  Virginia  do 
not  believe  that  the  present  generation  of  negroes  in  the  State  are  sufficiently  intelligent  to  be 
intrusted  with  the  right  of  suffrage.  In  fact,  that  is  the  sentiment  prevailing  in  the  State  of 
Virginia  pretty  extensively  at  this  day  in  relation  to  a  great  many  white  people;  but  as  to 
the  effect  this  regulation  would  have  if  engrafted  upon  the  Constitution  I  cannot  say.  I  be 
lieve,  however,  that  if  the  sentiment  of  the  country  should  at  any  future  time  change  in  that 
respect  from  some  material  change  in  the  condition  of  the  negro,  in  order  to  gain  this  addi 
tional  share  of  representation  which  that  ratio  would  entitle  them  to,  they  would  grant  suf 
frage  to  the  negroes.  They  would  be  inclined,  I  suppose,  to  get  all  the  representation  they 
could.  I  imagine,  however,  that  it  would  depend  upon  the  fact  whether  colored  people 
should  become  improved  to  the  extent  that  some  people  think  they  will  improve.  I  do  not 
think  there  will  then  be  a  disposition  in  Virginia  to  pay  so.  dearly  for  excluding  colored  men 
from  the  polls — that  is,  to  pay  by  losing  that  portion  of  the  representation. 

Question.  Would  not  the  enactment  of  that  amendment  imposing  this  necessity  upon  the 
once  slaveholding  communities  create  great  discontent  and  dissatisfaction  with  the  federal 
government  ? 

Answer.  So  far  as  I  can  answer  that  question  I  will.  I  think  that  having  for  our  first 
object  to  limit  the  right  of  suffrage  to  those  who  have  some  pretensions  to  exercise  it,  and 
guarding  it  somewhat,  would  have  an  influence  no  doubt.  I  think  that  if  the  government 
of  the  United  States  were  to  exclude  a  part  of  the  representation  in  that  way,  it  is  probable 
that  some  portions  of  the  south  would  regard  it  as  an  improper  exclusion,  because  it  has 
generally  been  the  doctrine  that  the  basis  of  representation  is  upon  all  the  people  together : 
but  still,  in  regard  to  the  right  of  suffrage,  the  States  have  generally  looked,  to  some  extent, 
to  qualifications  of  some  sort  or  other.  I  cannot  say  how  they  would  consider  it;  I  think  it 
probable  they  would  object  to  it,  of  course  ;  they  Would  go  for  the  old  doctrine,  basing  repre 
sentation  on  the  entire  population. 

Question.  They  would  gain  several  members  by  extending  the  right  of  suffrage  to  all  ? 

Answer.  Yes,  sir  ;  but  I  do  not  see  that  In  order  to  get  that  they  Avould  give  up  their  pro 
visions  in  regard  to  the  qualifications  of  the  voters ;  I  do  not  know  what  they  would  do 
about  that. 

Question.  This  very  amendment,  in  its  very  nature,  would  operate  as  a  sort  of  constraint 
upon  the  southern  States  to  give  the  right  of  suffrage  to  the  negro  ;  would  not  that  produce 
heartburnings,  as  being  an  exercise  of  absolute  power  without  reason  and  without  necessity  ? 

Answer.  In  that  way  it  would.  The  political  sentiment  is,  that  the  basis  of  representa 
tion  ought  to  be,  as  I  think,  upon  all  the  people  of  the  State.  At  the  same  time,  whenever 
you  begin  to  fix  the  right  of  suffrage,  the  States,  having  that  matter  to  regulate,  ought  to 
have  the  power  to  say  who  of  their  people  shall  have  the  right  to  vote,  and  who  shall  not 
have  the  right ;  this  would  be  a  setting  aside  of  that  doctrine,  and  it  might  be  regarded  as  an 
unkind  imposition  ;  I  think  it  would. 

Question.  Do  you  not  think  that  the  Henry  A.  Wises  and  that  class  of  speakers  would 
make  a  noise  about  it  on  the  stump  1 

Answer.  I  dare  say  they  would. 

Question.  Do  you  think  of  anything  else  you  desire  to  state  to  the  committee? 

Answer.  No,  sir ;  I  do  not. 


1 02  RECONSTRUCTION. 

WASHINGTON,  D.  C.,  February  10,  1866. 
John  B.  Baldwin  sworn  and  examined. 

By  Mr.  HOWARD: 

Question.  You  are  now  speaker  of  the  Virginia  house  of  delegates  ? 

Answer.  I  am. 

Question.  Are  you  a  native  of  Virginia? 

Answer.  I  am. 

Question.  Have  you  resided  in  Virginia  during  the  war? 

Answer.  Yes,  sir;  I  have  resided  all  my  life  in  Stauuton,  Augusta  county. 

Question.  I  think  you  were  an  original  Union  man? 

Answer.  I  was ;  the  most  thorough-going  I  ever  knew. 

Question.  Were  you  a  member  of  the  so-called  secession  convention  in  Virginia  ? 

Answer.  I  was. 

Question.  Did  you  attend  all  its  sittings  ? 

Answer.  I- did. 

Question.  Open  as  well  as  secret  ? 

Answer.  I  did  attend  its  sessions,  except  after  the  ordinance  of  secession  had  passed ;  I 
was  withdrawn  by  other  duties  a  good  deal  from  the  session ;  but  I  was  kept  advised,  and 
aware  substantially  of  all  that  passed. 

Question.  Did  you  sign  that  ordinance? 

Answer.  I  did. 

Question.  Can  you  tell  what  has  become  of  it,- or  where  it  is  now  deposited? 

Answer.  I  have  understood  that  it  is  in  the  city  of  Washington,  in  the  possession  of  the 
government,  having  been  taken  when  the  Union  troops  entered  Richmond. 

Question.  Did  you  make  a  journey  to  Washington  before  the  firing  on  Fort  Sumter? 

Answer.  I  did.  I  came  here  on  the  night  of  the  3d  of  April,  1861 ;  I  was  here  on  the  4th 
day  of  April,  1861. 

Question.  Did  you  have  an  interview  with  President  Lincoln  ? 

Answer.  I  did  have  a  private  interview  with  him,  lasting  perhaps  an  hour. 

Question.  Do  you  fed  at  liberty  to  state  what  transpired  at  that  interview? 

Answer.  I  do,  sir ;  I  know  of  no  reason  why  I  should  not. 

Question.  Have  the  goodness  to  state  it. 

Answer.  On  the  3d  of  April,  1861,  I  was  in  the  convention.  I  was  called  out  by  Judge 
Summers,  a  member  of  the  convention,  who  informed  me  that  there  was  a  messenger  in  Rich 
mond,  sent  by  Mr.  Seward,  asking  him  (Summers)  to  come  on  to  Washington,  as  the  President 
wanted  to  have  an  interview  with  him,  and  stating  that  if  for  any  reason  he  was  unable  to 
come,  he  would  be  glad  if  the  Union  men  of  the  convention  would  select  and  send  on  some 
one  of  their  number  who  enjoyed  their  confidence,  and  who  would  be  regarded  as  a  repre 
sentative  man,  competent  to  speak  their  sentiments,  as  the  President  wished  to  have  some 
communication  with  them.  Mr.  Summers  told  me  that  he  and  a  number  of  other  members 
of  the  convention,  Union  men,  (calling  their  names  over, )  had  concurred  in  the  opinion  that 
I  was  the  proper  man  to  go,  and  that  he  wanted  me  immediately  to  get  ready  and  return  with 
the  special  messenger.  I  consented  to  come.  A  Mr.  Allen  B.  Magruder,  who  was  at  that 
time  a  lawyer  in  the  city  of  Washington,  turned  out  to  be  the  messenger.  We  came  to 
Washington,  and  arrived  here  about  breakfast  time.  I  went  to  Mr.  Magruder's  house. 
About  10  or  11  o'clock  we  called  at  the  Department  of  State,  and  I  was  introduced  to  Mr. 
Seward  Mr.  Magnider  informed  him  that  I  was  the  gentleman  selected  by  the  members  of 
the  Virginia  convention — the  Union  men — in  accordance  with  his  request,  and  that  I  came 
indorsed  by  them  as  a  person  authorized  to  speak  their  sentiments.  Mr.  Seward  said  he 
would  not  anticipate  at  till  what  the  President  desired  to  say  to  me,  but  would  take  me  im 
mediately  to  his  house.  We  went  to  the  President's  house,  and  I  was  taken  to  the  audience 
chamber.  The  President  was  engaged  for  some  time;  and  at  last  Mr.  Seward,  when  the  Presi 
dent  became  disengaged,  took  me  up  and  introduced  me  to  him  in  a  whisper,  indicating,  as  I 
thought,  that  it  was  a  perfectly  confidential  affair.  As  nearly  as  I  can  recollect,  the  language 
In  used  was — "Mr.  Baldwin,  of  the  Virginia  convention."  Mr.  Lincoln  received  me  very 
cordially,  and  almost  immediately  arose  and  said  that  he  desired  to  have  some  private  con 
versation  with  me  ;  he  started  through  into  the  backroom,  opening  into  the  other  room  ;  but 
on  getting  in  there,  we  found  two  gentlemen  sitting  there  engaged  in  writing,  and  he  seemed 
to  think  that  that  would  not  do,  and  passed  across  the  hall  into  a  corresponding  small  room 
opposite,  and  through  that  into  a  large  front  room — immediately  corresponding  with  the  pri 
vate  audience  hall — in  which  there  was  a  bed;  he  locked  the  door,  and  stepping  around  into 
a  space  behind  the  bed,  drew  up  two  chairs,  and  asked  me  to  take  a  seat.  Mr.  Seward  did 
not  go  in  with  us.  As  I  was  about  sitting  down,  said  he,  "Mr.  Baldwin,  I  am  afraid  you 
have  come  too  late."  "Too  late  for  what?  "  said  I.  Said  he,  "  I  am  afraid  you  have  come 
too  late;  I  wish  you  could  have  been  here  three  or  four  days  ago."  "Why,"  said  I,  "Mr. 
President,  allow  me  to  say  I  do  not  understand  your  remark ;  you  sent  a  special  messenger 
to  Richmond" 

Question.  You  got  the  request  to  Mr.  Summers  on  tho  3d  of  April? 

Answer.  Yes,  sir. 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  103 

Question.  And  you  started 

Answer.  Within  three  hours. 

Question.  And  you  arrived  on  the  morning  of  the  4th  f 

Answer.  Yes;  and  my  interview  with  Mr.  Lincoln  was  about  11  o'clock  that  day.  Said  I, 
**  I  do  not  understand  you ;  you  sent  a  special  messenger  to  Richmond,  who  arrived  there 
yesterday;  I  returned  with  him  by  the  shortest  and  most  expeditious  mode  of  travel  known  ; 
it  was  physically  impossible  that  I  or  any  one  else,  answering  to  your  summons,  could  have 
got  here  sooner  than  I  have  arrived  ;  I  do  not  understand  what  you  mean  by  saying  that  I 
have  come  too  late."  Said  he,  "Why  do  you  not  all  adjourn  the  Virginia  convention?" 
Said  I,  "Adjourn  it! — how  ?  do  you  mean  sine  die?  "  "Yes,"  said  he,  "sine  die;  why  do 
you  not  adjourn  it;  it  is  a  standing  menace  to  me,  which  embarrasses  me  very  much."  Of 
course  you  will  understand  that  I  do  not  pretend  to  recollect  the  language  at  all,  but  this  is 
about  the  substance  of  it.  Said  I,  "  Sir,  I  am  very  much  surprised  to  hear  you  express  that 
opinion;  the  Virginia  convention  is  in  the  hands  of  Union  men;  we  have  in  it  a  clear  and 
controlling  majority  of  nearly  three  to  one ;  we  are  controlling  it  for  conservative  results ; 
we  can  do  it  with  perfect  certainty,  if  you  will  uphold  our  hands  by  a  conservative  policy 
here.  I  do  not  understand  why  you  want  a  body  thus  in  the  hands  of  Union  men  to  be  dis 
persed,  or  why  you  should  look  upon  their  sessions  as  in  any  respect  a  menace  to  you  ;  we 
regard  ourselves  as  co-operating  with  you  in  the  objects  which  you  express  to  seek ;  besides," 
said  I,  "I  would  call  your  attention  to  this  view :  If  we  were  to  adjourn  that  convention 
sine  rfte,  leaving  these  questions  unsettled  in  the  midst  of  all  the  trouble  that  is  on  us,  it 
would  place  tho  Union  men  of  Virginia  in  the  attitude  of  confessing  an  inability  to  meet  the 
occasion ;  the  result  would  be,  that  another  convention  would  be  called  as  soon  as  legisla 
tion  could  be  put  through  for  the  purpose." 

Question.  Was  the  legislature  of  Virginia  then  in  session  in  the  same  city,  Richmond  ? 

Answer.  Yes,  sir;  that  is  my  impression.  Said  I,  "As  soon  as  the  necessary  legislation 
can  be  gotten  through,  another  convention  would  be  called,  and  the  Union  men  of  Virginia 
could  not,  with  a  proper  self-respect,  offer  themselves  as  members  of  that  convention;  having 
had  the  full  control  of  one,  and  having  adjourned  without  having  brought  about  any  sort  of 
settlement  of  the  troubles  upon  us.  The  result  would  be  that  the  next  convention  would  be 
exclusively  under  the  control  of  secessionists,  and  that  an  ordinance  of  secession  would  be 
passed  in  less  than  six  weeks.  Now,  said  I,  sir,  it  seems  to  me  that  our  true  policy  is  to  hold 
the  position  that  we  have,  and  for  you  to  uphold  our  hands  by  a  conservative,  conciliatory, 
national  course.  We  can  control  the  matter,  and  will  control  it  if  you  help  us.  And,  sir,  it 
is  but  right  for  me  to  say  another  thing  to  you,  that  the  Union  men  of  Virginia,  of  whom  I 
am  one,  would  not  be  willing  to  adjourn  that  convention  until  we  either  effect  some  settlement 
of  this  matter  or  ascertain  that  it  cannot  be  done.  As  an  original  proposition,  the  Union  men 
of  Virginia  did  not  desire  amendments  to  the  Constitution  of  the  United  States  ;  we  were  per 
fectly  satisfied  with  the  constitutional  guarantees  that  we  had,  and  thought  our  rights  and  in 
terests  perfectly  safe.  But  circumstances  have  changed :  seven  States  of  the  south,  the  cotton 
States,  have  withdrawn  from  us  and  have  left  us  in  an  extremely  altered  condition  in  reference 
to  the  safe-guards  of  the  Constitution.  As  things  stand  now,  we  are  helpless  in  the  bauds  of 
the  north.  The  balance  of  power  which  we  had  before  for  our  protection  against  constitu 
tional  amendment  is  gone.  And  we  think  now  that  we  of  the  border  States  who  have  adhered 
to  you  against  all  the  obligations  of  association  and  sympathy  with  the  southern  States  have 
a  claim  on  the  States  of  the  north  which  is  of  a  high  and  very  peculiar  character.  You  all 
say  that  you  do  not  mean  to  injure  us  in  our  peculiar  rights.  If  you  are  in  earnest  about  it 
there  can  be  no  objection  to  your  saying  so  in  such  an  authentic  form  as  will  give  us  the  force 
of  constitutional  protection.  And  we  think  you  ought  to  do  it,  not  grudgingly,  not  reluctantly, 
but  in  such  a  way  as  that  it  would  be  a  fitting  recognition  of  our  fidelity  in  standing  by  you 
under  all  circumstances — fully,  and  generously,  and  promptly.  If  you  will  do  it  in  accord 
ance  with  what  we  regard  as  due  to  our  position,  it  will  give  us  a  stand-point  from  which  we 
can  bring  back  the  seceded  States."  I  cannot  follow  the  conversation  through  ;  but  he  asked 
me  the  question.  "What  is  your  plan?"  Said  I,  "Mr.  President,  if  I  had  the  control  of  your 
thumb  and  forefinger  five  minutes  I  could  settle  the  whole  question."  "Well,"  said'  lie, 
"that  would  seem  to  be  a  simple  process."  Said  I,  "I  can  settle  it  as  surely  as  that  there  is 
a  God  in  heaven,  if  you  just  give  me  the  control  of  your  thumb  and  forefinger  five  minutes. 
To  let  you  understand  how  earnestly  I  believe  it,  as  God  is  my  judge,  if  I  could  get  the  con 
trol  of  that  thumb  and  forefinger  for  five  minutes,  I  would  be  willing,  unless  my  weak  flesh 
would  fail  me,  that  you  should  take  me  out  within  the  next  five  minutes  and  knock  me  on 
the  head  on  Pennsylvania  avenue."  "Well,"  said  he,  "  what  is  your  plan  ?"  Said  I,  "Sir, 
if  I  were  in  your  place  I  would  issue  a  proclamation  to  the  American  people,  somewhat  after 
this  style:  I  would  state  the  fact  that  you  had  become  President  ot  the  United  States  as  the 
result  of  a  partisan  struggle  partaking  of  more  bitterness  than  had  usually  marked  such 
struggle ;  that,  in  the  progress  of  that  struggle,  there  had  naturally  arisen  a  great  deal  of 
misunderstanding  and  misrepresentation  of  the  motives  and  intentions  of  both  sides ;  that  you 
had  no  doubt  you  had  been  represented,  and  to  a  large  extent  believed,  to  be  inimical  to  the 
institutions  and  interests  and  rights  of  a  large  portion  of  the  United  States,  but  that,  however, 
you  might,  in  the  midst  of  a  partisan  struggle,  have  been  more  or  less  (as  all  men)  excited  at 
times,  occupying  the  position  of  President  of  the  United  States,  you  had  determined  to  take 


1 04  RECONSTRUCTION. 

your  stand  on  the  broad  platform  of  the  general  Constitution,  and  to  do  equal  and  exact  fus 
tice  to  all,  without  regard  to  party  or  section;  and  that,  recognizing  the  fact  without  admit 
ting  the  right,  but  protesting  against  the  right,  that  seven  States  had  undertaken  to  withdraw 
themselves  from  the  Union,  you  had  determined  to  appeal  to  the  American  people  to  settle 
the  question  in  the  spirit  in  which  the  Constitution  was  made— American  fashion — by  consul 
tation  and  votes  instead  of  by  appeal  to  arms.  And  I  would  call  a  national  convention  of 
the  people  of  the  United  States  and  urge  upon  them  to  come  together  and  settle  this  thing. 
Arid  in  order  to  prevent  the  possibility  of  any  collision  or  clash  of  arms  interfering  with  this 
effort  at  a  pacific  settlement,  I  would  declare  the  purpose  (not  in  any  admission  of  want  of 
right  at  all,  but  with  a  distinct  protest  of  the  right,  to  place  the  forces  of  the  United  States 
wherever  in  her  territory  you  choose)  to  withdraw  the  forces  from  Sumter  and  Pickens,  de 
claring  that  it  was  done  for  the  sake  of  peace,  in  effort  to  settle  this  thing;  and  that  you  were 
determined,  if  the  seceded  States  chose  to  make  a  collision,  that  they  should  come  clear  out 
of  their  way  and  do  it.  Sir,  said  I,  if  you  take  that  position  there  is  national  feeling  enough 
in  the  seceded  States  themselves  and  all  over  the  country  to  rally  to  your  support',  and  you 
would  gather  more  friends  than  any  man  in  the  country  has  ever  had."  He  said  something 
or  other,  I  do  not  recollect  what,  but  it  created  the  impression  upon  me  that  he  was  looking 
with  some  apprehension  to  the  idea  that  his  friends  would  not  be  pleased  with  such  a  step, 
and  I  said  to  him,  "  Mr.  President,  for  every  one  of  your  friends  whom  you  would  lose  by 

1     national  standard  of 
am  thinking  about, 
not  care  whether  peo- 

rmow  of  you  as  a  poli- 
tiave  fallen  into  the  error  of  addressing  you  by 

the  motives  which  are  generally  potent  with  politicians,  the  motive  of  gaining  friends.  I 
thank  you  that  you  have  recalled  to  me  the  higher  and  better  motive,  the  motive  of  being 
right;  and  I  assure  you  that,  from  now  out,  I  will  address  you  only  by  the  motives  that 
ought  to  influence  a  gentleman."  • 

Question.  You  drew  a  distinction  between  a  politician  and  a  gentleman? 

Answer.  Yes,  sir ;  he  laughed  a  little  at  that.  He  said  something  about  the  withdrawal  of  the 
troops  from  Sumter  on  the  ground  of  military  necessity.  Said  I,  "  That  will  never  do,  under 
heaven.  You  have  been  President  a  month  to-day,  and  if  you  intended  to  hold  that  position 
you  ought  to  have  strengthened  it,  so  as  to  make  it  impregnable.  To  hold  it  in  the  present 
condition  of  force  there  is  an  invitation  to  assault.  Go  upon  higher  ground  than  that.  The 
better  ground  than  that  is  to  make  a  concession  of  an  asserted  right  in  the  interest  of  peace." 
'J  Well,"  said  he,  "  what  about  the  revenue?  "What  would  I  do  about  the  collection  of  du 
ties  ?"  Said  I,  "  Sir,  how  much  do  you  expect  to  collect  in  a  year?"  Said  he,  "Fifty  or 
sixty  millions."  "Why,  sir,"  said  J,  "four  times  sixty  is  two  hundred  and  forty.  Say 
$'250,000,000  would  be  the  revenue  of  your  term  of  the  presidency  ;  what  is  that  but  a  drop 
in  the  bucket  compared  with  the  cost  of  such  a  war  as  we  are  threatened  with  ?  Let  it  all  go, 
if  necessary ;  but  I  do  not  believe  that  it  will  be  necessary,  because  I  believe  that  you  can 
settle  it  on  the  basis  I  suggest."  He  said  something  or  'other  about  feeding  the  troops  at 
Sumter  I  told  him  that  would  not  do.  Said  I,  "  You  know  perfectly  well  that  the  people 
of  Charleston  have  been  feeding  them  already.  That  is  not  what  they  are  at.  They  are  as 
serting  a  right.  They  will  feed  the  troops,  and  fight  them  while  they  are  feeding  them.  They 
are  after  the  assertion  of  a  right.  Nowr,  the  only  way  that  you  can  manage  them  is  to  with 
draw  from  them  the  means  of  making  a  blow  until  time  for  reflection,  time  for  influence  which 
can  be  brought  to  bear,  can  be  gained,  and  settle  the  matter.  If  you  do  not  take  this  course, 
if  there  is  a  gun  fired  at  Sumter — I  do  not  care  on  which  side  it  is  fired — the  thing  is  gone." 
"Oh,"  said  he,  "sir,  that  is  impossible."  Said  I,  "Sir,  if  there  is  a  gun  fired  at  Fort  Sumter, 
as  sure  as  there  is  a  God  in  heaven  the  thing  is  gone.  Virginia  herself,  strong  as  the  Union 
majority  in  the  convention  is  now,  will  be  out,  in  forty-eight  hours."  "  Oh,"  said  he,  "  sir, 
that  is  impossible."  Said  I,  "Mr.  President,  I  did  not  come  here  to  argue  with  you;  I  am 
here  as  a  witness.  I  know  the  sentiments  of  the  people  of  Virginia,  and  you  do  not.  I  un 
derstood  that  I  was  to  come  here  to  give  you  information  of  the  sentiments  of  the  people,  and 
especially  of  the  sentiments  of  the  Union  men  of  the  convention.  I  wish  to  know  before  we 
go  any  further  in  this  matter,  for  it  is  of  too  grave  importance  to  have  any  doubt  of  it,  whether 
I  am  accredited  to  you  in  such  a  way  as  that  what  I  tell  you  is  worthy  of  credence."  Said 
he,  "You  come  to  me  introduced  as  a  gentleman  of  high  standing  and  talent  in  your  State." 
Said  I,  "That  is  not  the  point  I  am  on.  Do  I  come  to  you  vouched  for  as  an  honest  man, 
who  will  tell  you  the  truth  ?"  Said  he,  "  You  do."  "  Then,"  said  I,  "  sir,  I  tell  you,  before 
God  and  man,  that  if  there  is  a  gun  fired  at  Sumter  this  thing  is  gone.  And  I  wish  to  say  to 
you,  Mr.  President,  with  all  the  solemnity  that  I  can  possiblv  summon,  that  if  you  intend  to 
do  anything  to  settle  this  matter  you  must  do  it  promptly.  I  think  another  fortnight  will  bo 
too  late.  You  have  the  power  now  to  settle  it.  You  have  the  choice  to  make,  and  you  have 
got  to  make  it  very  soon.  You  have,  I  believe,  the  power  to  place  yourself  up  by  the  side  of 
Washington  himself,  as  the  savior  of  your  country,  or,  by  taking  a  different  course  of  policy, 
to  send  down  your  name  on  the  page  of  history  notorious  forever  as  a  man  so  odious  to  the 
American  people  that,  rather  than  submit  to  his  domination,  they  would  overthrow  the  best 
government  that  God  ever  allowed  to  exist.  You  have  the  choice  to  make,  aud  you  have, 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  105 

in  QIT  judgment,  no  more  than  a  fortnight  to  make  it  in."  That  is  about  as  much  as  I  can 
gather  out  of  the  conversation  now.  I  went  to  Alexandria  that  night,  where  I  had  telegraphed 
an  acceptance  of  an  invitation  to  make  a  Union  speech,  and  made  a  speech  to  a  large  audi 
ence,  which,  I  believe,  was  the  last  Union  speech  made  in  Virginia  before  the  war ;  and  I 
went  on  to  Richmond  and  reported  to  these  gentlemen. 

Question.  You  received  from  Mr.  Lincoln  no  letter  or  memorandum  in  writing  ? 

Answer.  Nothing  whatever. 

Question.  No  pledge  ?  no  undertaking? 

Answer.  No  pledge  :  no  undertaking ;  no  offer;  no  promise  of  any  sort.  I  went  back  to 
Mr.  Reward's  from  the  President's  house  that  afternoon  and  had  a  long  talk  with  him.  I 
found  Mr.  Seward  extremely  earnest,  as  far  as  mortal  man  could  judge  from  his  manifesta 
tions,  in  the  desire  to  settle  the  matter.  He  seemed  to  have  a  shrinking  from  the  idea  of  a 
clash  of  arms,  and  the  impression  that  he  made  upon  me  was,  that  he  thought  the  days  ot 
philosophic  statesmanship  about  to  give  way  to  the  mailed  glove  of  the  warrior,  and  that  he 
was  earnestly  engaged  in  the  effort  to  secure  peace  and  union,  as  the  means  of  averting  the 
military  era  which  he  thought  he  saw  dawning  upon  the  country.  I  had  a  good  deal  of  in 
teresting  conversation  with  him  that  evening.  I  was  about  to  state  that  I  have  reason  to  be 
lieve  that  Mr.  Lincoln  himself  has  given  an  account  of  this  conversation,  which  has  been 
understood — but,  lam  sure,  misunderstood — by  the  persons  to  whom  he  talked,  as  giving  the 
representation  of  it  that  he  had  offered  to  me,  that  if  the  Virginia  convention  would  adjourn 
sine  die  he  would  withdraw  the  troops  from  Sumter  and  Pickens.  I  am  as  clear  in  my  recol 
lection  as  it  is  possible  to  be  under  the  circumstances  that  he  made  no  such  suggestion,  as  I 
understood  it,  and  said  nothing  from  which  I  could  infer  it,  for  I  was  so  earnest  and  so  excited — 
the  matter  involving  what  I  thought  would  give  a  promise  of  settlement  to  the  country — that 
I  am  sure  no  opening  of  that  sort,  (although  I  would  not  have  thought  it  a  practicable  scheme, ) 
no  overture  of  any  sort  could  have  escaped  me.  I  am  sure  that  I  would  have  made  it  the 
foundation,  if  not  of  direct  negotiation,  at  least  of  temporizing,  in  connexion  with  others. 
But  I  have  reason  to  believe  that  persons  have  derived  that  impression  from  conversation  with 
Mr.  Lincoln.  Whether  Mr.  Lincoln  intended  to  convey  that  impression  to  them  or  not,  of 
course  I  have  no  means  of  judging. 

Question.  Did  Mr.  Seward  send  by  you  any  letter  or  memorandum  in  writing  ? 

Answer.  None  whatever — no  letter  or  memorandum  in  writing,  nor  any  message  to  any 
body,  except  his  respects  and  compliments  to  Judge  Summers. 

Question.  One  object  of  your  visit  to  the  President  was  to  obtain  from  him  some  assurance 
that  he  would  take  some  step  in  the  interest  of  peace,  or  to  prevent  a  collision  of  arms  ? 

Answer.  No,  sir.  That  was  one  of  the  objects  of  the  interview;  but  my  visit  there  was 
at  the  instance  of  the  President  himself,  who,  without  at  all  indicating  the  purpose  of  con 
ference,  expressed  a  desire  to  have  a  conference  with  some  gentleman  who  would  be  a  recog 
nized  exponent  of  the  Union  sentiment  .in  the  Virginia  convention. 

Question.  You  entertained  the  hope,  at  that  interview,  of  getting  from  him  some  assur 
ance,  some  encouragement,  by  which  the  collision  of  arms  might  be  prevented? 

Answer.  That  was  my  object  and  purpose  earnestly. 

Question.  Was  it  not  your  main  object  and  purpose  ? 

Answer.  It  was  the  only  object  that  I  had.  The  object  I  had  in  going  on  was  to  meet  what 
I  regarded,  and  what  our  friends  in  the  convention  regarded,  as  an  overture  to  what  we  had 
long  desired — an  understanding  with  Mr.  Lincoln.  We  thought  that  if  we  could  get  into 
communication  with  him,  and  could  convey  to  him  a  clear  and  honest  exposition  of  the  sen 
timents  prevailing  in  Virginia,  we  could  influence  his  policy  in  such  a  way  as  to  enable  us 
to  bring  about  a  settlement  of  the  affair.  At  the  time  I  was  here  I  saw,  and  was  intro 
duced  to,  in  the  President's  room,  a  number  of  governors  of  States.  It  was  at  the  time  the 
nine  governors  had  the  talk  here  with  the  President — the  time  when  there  was  an  immense 
outside  pressure  brought  to  bear  upon  the  President.  We  thought  in  Virginia  that  if  we 
could  only  present  fairly  to  the  mind  of  Mr.  Lincoln  the  necessities  of  our  situation,  the  dif 
ficulties  with  which  we  were  surrounded,  and  the  prospect  of  success  on  the  line  of  policy 
which  we  could  suggest,  that  we  could  accomplish  something  towards  settling  the  question. 
I  came  on  to  Washington,  not  with  any  denned  purpose  at  all,  but  with  the  general  purpose 
of  trying  to  establish  a  good  understanding  with  him,  and  inducing  him,  as  far  as  possible, 
to  take  the  views  which  universally  prevailed  among  Union  men  in  the  Richmond  conven 
tion. 

Question.  Do  you  possess  a  good  memory  ? 

Answer.  My  literal  memory  is  not  good.  I  cannot  say  that  it  is  peculiarly  bad ;  but,  in 
reference  to  results,  as  bearing  on  a  line  of  policy  or  argument  which  I  pursued,  I  think  my 
memory  is  unusually  good. 

Question.  You  are  by  profession  a  counsellor-at-law  ? 

Answer.  Yes, 

Question.  Accustomed  to  listen  to  the  details  of  testimony? 

Answer.  I  am,  sir.  My  habit  is  to  take  no  notes  of  testimony  at  all:  and  I  habitually 
conduct  cases  with  forty  or  fifty  witnesses,  taking  no  minute  whatever  except  of  the  name 
of  the  witness.  My  memory  is  sufficiently  accurate,  and  is  so  recognized  by  my  associates 
at  the  bar,  that  when  a  bill  of  exceptions  in  regard  to  facts  developed  on  the  trial  is  tu  be 


106  RECONSTRUCTION. 

made,  they  very  often  call  upon  me  to  write  the  testimony  from  my  memory  in  preference 
to  writing1  it  from  such  notes  as  were  taken  by  the  bar.  But  I  do  not  recollect  it  iri  the  way 
the  witnesses  gave  it.  I  recollect  it  as  it  clusters  around  the  course  of  argument  which  I  am 
preparing  in  my  own  mind  during  the  case  as  it  fits  upon  the  line  of  my  own  thought.  I 
recollect  all  that  a  number  of  witnesses  said  on  the  same  subject,  and  not  a  continuous 
recollection  of  what  each  witness  said. 

Question.  You  recollect  the  substance  and  the  result  ? 

Answer.  Yes,  sir ;  the  substance  and  result. 

Question.  Is  it,  in  your  opinion,  in  any  degree  likely  that  in  this  narrative  you  are  mis 
taken  as  to  any  material  fact  that  transpired  in  the  conversation? 

Answer.  I  think  not.  I  may  have  omitted  entire  branches  of  what  occurred.  It  may  be 
that  entire  subjects  which  I  have  not  mentioned  at  all  might  be  brought  to  my  mind  ;  but  as 
to  the  subjects  which  I  have  touched  I  have  as  much  confidence  in  the  recollection  which  I 
have  of  them  as  I  can  have  in  my  recollection  of  anything  transpiring  that  far  off.  It  was 
a  subject  of  more  interest  to  me  than  anything  that  ever  happened  to  me,  and  when  I  re 
turned  I  repeated  it  over  and  over  again  to  the  gentlemen  who  had  concurred  iu  sending 
me,  and  it  impressed  itself  deeply  on  my  mind. 

Question.  You  think  you  cannot  be  mistaken  when  you  say  that  Mr.  Lincoln  did  not 
assure  you,  in  any  form,  that  it  was  his  purpose  to  withdraw  the  garrison  from  Sumter  and 
Pickens  at  that  time  ? 

Answer.  Of  course  I  would  not  be  willing  to  say,  if  I  heard  that  Mr.  Lincoln  had  given 
a  different  representation  of  it,  that  it  was  impossible  he  should  have  done  so.  I  have 
no  reason  to  believe  that  Mr.  Lincoln' was  a  man  capable  of  intentional  misrepresentation  in 
a  matter  of  that  sort ;  therefore  I  would  not,  of  course,  undertake  to  say  that  it  was  impos 
sible  he  could  have  intended  to  convey  that  impression.  If  I  were  certified  that  Mr.  Lincoln 
had  said  he  intended  to  give  me  that  impression  I  should  be  bound  to  concede  it,  although 
at  the  same  time  I  should  be  bound  to  say  that  the  idea  never  occurred  to  me,  and  that  when 
I  first  heard  that  such  an  idea  had  been  suggested  I  was  as  much  surprised  as  I  was  ever  in 
my  life? 

Question.  What  is  the  state  of  feeling  on  the  part  of  the  secessionists  of  Virginia  towards 
the  government  of  the  United  States  ? 

Answer.  Well,  sir,  I  believe  the  feeling  that  it  is  and  is  to  be  our  government  is  universal. 
If  there  is  any  feeling  of  dissatisfaction,  (and  there  is  a  feeling  of  dissatisfaction  in  refer 
ence  to  the  dela}7"  and  the  refusal  of  representation,)  it  is  more  like  the  feeling  which  a  po 
litical  party  out  of  power  has  toward  the  political  party  in  power,  in  a  government  recog 
nized  by  both  and  intended  to  be  recognized  by  both,  than  anything  else.  It  has  no  kinship 
whatever  with  the  idea  of  resisting  or  overthrowing  the  government. 

Question.  You  have  no  ground  to  suspect  any  combination  as  still  existing  in  Virginia, 
having  in  view  the  overthrow  of  the  government  ? 

Answer.  Not  only  have  I  no  ground  to  suspect  it,  but  I  think  I  can  say  I  know  it  is  not 
so,  because  I  have  been  in  intercourse  with  the  most  bitter,  determined,  obstinate,  and  violent 
of  all  the  men  in  Virginia  who  were  concerned  in  the  whole  affair,  and  I  not  only  do  not 
know  of  such  a  thing,  and  do  not  suspect  it,  but  anybody  who  would  tell  me  that  he  did 
know  it  I  would  suspect  of  being  a  liar. 

Question.  You  understand  the  contemplated  amendment  of  the  Constitution  relating  to 
the  basis  of  representation  now  pending  in  the  United  States  Senate. 

Answer.  Yes,  sir;  I  think  I  do. 

Question.  If  that  amendment  should  be  ratified,  and  become  a  part  of  the  Constitution  ot 
the  United  States,  would  the  people  of  Virginia,  in  your  apprehension,  ever  be  willing  to 
grant  the  blacks  the  right  of  voting  ? 

Answer.  Of  course  no  man  can  tell  what  would  be  the  wearing  effect  of  generation,  or 
agitation  of  a  subject  of  that  sort ;  but  I  think  it  is  clear  as  any  proposition  in  the  world, 
that  if  you  place  the  people  of  Virginia  in  the  attitude  that  they  arc  to  oe  diminished  in  con 
sideration  and  in  influence,  and  in  their  due  power  in  the  government,  because  of  their 
unwillingness  to  place  the  negro  on  the  ground  of  political  equality,  it  will  plant  a  root  of 
bitterness  such  as  has  not  been  known  even  in  the  bitterness  of  the  war.  That  is  my  judg 
ment  and  belief.  It  would  lead  to  political  combinations  of  every  sort.  We  would  have 
advocates  of  suffrage  of  women,  of  minors,  and  foreigners,  and  negroes,  in  every  shade  of 
combination  and  confusion.  I  would  regard  it  as  being  the  entering  Avedge  of  more  mischief, 
more  trouble,  more  ill  Avill,  more  dissatisfaction  and  disloyalty  to  the  government  of  the 
United  States,  than  all  other  causes  that  have  ever  combined  together. 

Question.  So  that  you  are  fully  of  opinion  that,  instead  of  being  a  measure  of  peace, 
conciliation,  and  tranquillity,  it  would  be  a  renewal  of  the  agitation  in  another  form  still 
more  bitter  than  that  which  existed  before  the  war? 

Answer.  So  thorough  is  my  conviction  on  that  subject  that,  while  I  believe  I  have  local 
attachment  and  State  attachment  as  strong  as  any  man  living,  the  moment  that  amendment 
was  adopted  I  should  feel  bound,  as  a  matter  of  ordinary  self-protection,  to  quit  Virginia,  to 
avoid  every  southern  State  as  I  would  a  pest  house,  and  to  seek  to  make  my  living  some 
where  else. 

Question.  Would  not  the  State,  in  case  of  such  a  ratification,  evade,  in  some  degree,  the 
effect  of  it  by  prescribing  property  qualification  for  voters,  or  the  qualification  of  intelligence  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  107 

Answer.  I  have  no  doubt  at  all  that  if  that  constitutional  amendment  were  adopted,  all 
the  expedients  which  ingenuity  and  chicane  could  suggest  would  be  resorted  to  to  get  around 
it  and  evade  it  in  every  possible  way ;  and  I  do  consider  that  one  of,  by  no  means  the  least 
of,  the  objections  to  it. 

Question.  Do  you  think  that  in  old  Virginia  a  convention  or  legislature  could  be  assembled 
which  would  restrict  the  right  of  suffrage,  narrow  it  from  what  it  is  now,  in  the  case  of 
whites  ? 

Answer.  I  do  not  think  there  could.  After  the  passage  of  the  ordinance  of  secession, 
when  the  people  were  all  engaged  in  war,  the  convention  went  on  and  tried  that  thing  to 
some  extent,  not  so  much  in  reference  to  suffrage  as  in  reference  to  elections,  &c. — at  all 
events  going  back  on  the  track — and  it  failed,  even  with  all  the  advantages  they  had  then. 
I  do  not  believe  that,  if  you  give  fair  notice,  you  can  go  back  of  universal  suffrage.  The  fact 
is  that  a  great  many  of  the  most  conservative  men  in  Virginia,  as  far  as  I  know,  are  universal 
sujTrage  men,  as  a  conservative  idea — the  idea  of  getting  to  the  bottom  and  knowing  what  is 
under  you.  I  am  one  of  them  myself.  I  have  been  always  a  universal  suffrage  man. 

Question.  Has  therje  ever  existed  any  considerable  party  at  the  south  that  has  favored  the 
establishment  of  a  monarchical  form  of  government  at  the  south  ? 

Answer.  I  do  not  think  I  ever  saw  more  than  one  or  two  men — and  they  were  generally 
these  old  fellows  with  ruffled  shirts  and  knee-breeches — who  were  of  that  opinion,  until 
during  the  war.  During  the  war  we  could  hear  a  great  many  suggest  monarchy  and  every 
thing  else,  as  a  means  of  escaping  from  the  Yankees.  They  were  fighting  us,  and  the  idea 
was  if  we  could  not  whip  them  we  would  dodge  them ;  do  anything  in  the  world  for  that 
purpose.  I  heard  that  sort  of  talk,  but  I  never  regarded  it  as  anything  serious,  because  I 
suppose  that  a  monarchy  would  be  just  as  easily  planted  in  this  country  as  you  could  get  a 
cactus  to  grow  in  Canada. 

Question.  Have  you  not  an  idea  that  Jefferson  Davis  rather  contemplated  to  make  himself 
a  monarch  ? 

Answer.  Not  the  least  in  the  world.  Jefferson  Davis  is  one  of  the  most  curious  men  I 
ever  studied.  I  never  was  intimate  with  him,  but  I  had  opportunities  of  observing  him  a 
good  deal.  He  was  a  thorough  tyrant  in  the  sense  that  he  exercised  to  the  full  extent  every 
power  that  he  thought  he  had.  But  he  was  the  least  of  a  usurper  of  any  man  I  ever  saw. 
He  had  no  desire  to  extend  his  powers ;  on  the  contrary,  he  rather  desired  that  they  should 
be  diminished.  I  think  he  was  a  conscientious  man ;  a  man  of  rather  narrow,  (as  I  thought, ) 
contracted  views  of  constitutional  construction.  A  straw  of  construction  across  his  path 
would  stop  him  from  the  most  darling  wish  of  his  heart. 

Question.  In  his  temper  I  suppose  he  was  arbitrary  ? 

Answer.  I  think  he  was.  I  do  not  know  his  personal  peculiarities  on  that  point.  I  have 
had  very  little  personal  intercourse  with  him.  You  (Mr.  Howard)  take  the  distinction  I  draw 
between  a  man  who  exercises  what  he  believes  to  be  his  powers,  fully,  and  the  man  who 
seeks  to  have  other  powers. 

Question.  Do  you  think  he  could  be  convicted  of  treason  in  Virginia? 

Answer.  Well,  sir,  I  do  not  see  why  he  could  not  be  convicted  of  treason  in  Virginia  just 
as  well  as  any  other  man  could  be  convicted  of  any  other  offence,  if  the  law  is  laid  down 
distinctly  to  the  jury,  and  if  you  happen  to  get  an  honest  jury.  I  do  not  see  why  not.  In 
Virginia  999  out  of  every  ],000  people,  at  least,  were  in  the  same  boat  with  Jefferson  Davis. 
I  do  not  exaggerate  when  I  say  999  out  of  every  1,000.  And,  of  course,  you  would  find  it 
difficult  to  get  any  confederates  of  his,  those  who  were  with  him,  and  fighting  for  him,  and 
hurrahing  for  him  all  the  time,  to  desire  to  convict  him.  They  would  not  do  it  if  they  could 
help  it ;  but  that  you  can  find  enough  honest  men  in  Virginia  or  any  other  southern  State  to 
respond  to  a  question  of  fact,  I  am  as  well  satisfied  as  I  am  of  anything.  Take  my  own 
case :  I  never  believed  in  the  right  of  secession.  I  do  not  believe  in  it  now.  I  always 
looked  upon  the  whole  thing  as  an  absurdity  and  humbug.  I  always  believed,  and  believe 
now,  that,  as  a  question  of  law,  right,  and  pOAver,  the  government  had  a  right  to  hang  Jeff. 
Davis  and  me  too.  The  question  of  power  and  the  question  of  policy  are  different  questions. 
If  I  were  to  sit  as  a  juror  on  Jeff.  Davis' s  case,  or  my  own,  or  Keen's,  I  would  not  need  any 
instructions  from  a  judge  to  make  me  say  that  he  ought  to  be  hanged — not  a  bit.  These  are 
my  views  of  the  law  and  of  the  facts.  There  are  a  great  many  people  in  Virginia  of  the 
same  way  of  thinking.  I  went  into  the  rebellion  as  a  rebel,  with  my  eyes  wide  open,  to 
take  the  consequences.  I  was  not  a  secessionist.  I  never  acknowledged  the  name  of  seces 
sionist.  I  was  a  rebel. 

Question.  You  never  set  up  the  right  of  a  State  to  secede  ? 

Answer.  I  never  thought  of  it. 

Question.  You  put  it  simply  on  the  ground  of  revolution  ? 

Answer.  Of  revolution.     I  thought  if  we  succeeded  that  it  would  bo  all  right ;  and  if  not, 

expected  to  have  a  hard  road  to  travel. 

Question.  You  really  found  a  much  easier  one  than  you  expected  ? 

Answer.  Yes,  sir.  I  expected  to  be  hanged ;  and  all  that  I  have  saved  over  and  above 
that  1  consider  as  clear  profit. 

Question.  Please  make  a  statement  to  the  committee  in  reference  to  the  acts  of  your  legis 
lature. 


108  RECONSTRUCTION. 

Answer.  There  is  a  general  feeling  manifested  in  the  legislature  to  go  over  our  laws  and 
to  strike  out  the  peculiar  distinctive  features  separating  the  black  and  white  races  before  the 
law.  That  is  the  tendency  of  the  legislature.  For  instance,  the  other  day  the  subject  of 
apprentices  was  brought  up,  and  apprentices,  white  and  black,  were  placed  on  the  same 
footing,  and  in  respect  to  both  the  employer  is  required  to  have  them  taught  reading, 
writing,  and  arithmetic,  including  the  rule  of  three.  There  is  no  discrimination  at  all.  In 
reference  to  rape,  abduction,  and  offences  of  that  sort,  all  discrimination  has  been  withdrawn 
as  between  offences  committed  on  persons  of  one  or  the  other  color.  And  so,  as  you  go  on, 
we  are  wiping  out  gradually  all  distinctions  ;  they  are  not  very  numerous  in  our  laws.  You 
would  be  surprised,  in  going  over  our  legislation,  to  find  how  thoroughly  the  free  negro  has 
been  the  equal  of  the  white  man  before  the  law  in  Virginia.  He  has  always  had  the  same 
right  to  sue,  to  sue  as  a  pauper  or  as  a  paying  suitor.  His  cases  have  been  all  tried  in  tlie 
same  way.  He  has  always  had  the  same  right  to  call  witnesses  as  a  white  man.  He  has 
had  the  same  right  to  acquire  property,  except  in  slaves ;  and  it  is  only  of  late  years  that  he 
has  been  prohibited  from  acquiring  slaves.  That  was  one  of  those  retaliatory  or  preventive 
measures  that  were  adopted. 

Question.  Did  the  right  of  inheritance  attach  to  the  colored  man  ? 

Answer.  Yes,  sir;  there  was  no  distinction  whatever.  The  free  negro  had  all  the  rights 
pf  a  free  man.  There  was  some  difference  in  regard  to  the  mode  of  trying  minor  offences 
committed  by  a  free  negro  ;  but  the  distinction  was  in  favor  of  the  negro.  As,  for  instance, 
it  requires  the  verdict  of  a  jury  to  acquit  a  white  man  of  an  offence  in  a  capital  case ;  but 
in  the  case  of  a  negro,  slave  or  free,  tried  before  the  court  of  oyer  and  termiuer,  the  dissent 
of  one  magistrate  out  of  five  cleared  him.  It  is  a  matter  perfectly  well  understood  by  law 
yers,  who  have  practiced  as  criminal  lawyers  in  Virginia,  that  a  slave  or  a  free  negro  had 
always  the  decided  advantage  over  a  white  man  in  criminal  defences.  // 

[Mr.  W.  T.  Joynes,  heretofore  examined  as  a  witness,  mentioned  here,  as  an  illustration 
of  this  fact,  that  in  a  capital  case  which  he  once  tried,  and  where  one  of  the  magistrates 
refused  to  find  a  verdict  of  guilty,  he  had  sentenced  the  accused,  a  colored  man,  to  transpor 
tation,  and  that  the  court  of  appeals  had  set  aside  the  sentence,  and  discharged  the  prisoner.] 

Witness:  A  white  man,  who  is  tried  before  a  jmy,  in  case  the  jury  disagree,  is  tried  over 
again;  but  a  negro,  tried  before  the  court  of  oyer  and  terminer,  where  one  of  the  five  judges 
dissents,  is  acquitted.  /  Wherever  you  come  to  a  class  of  offences  in  regard  to  tampering 
with  slaves,  or  withdrawing  them  from  their  obligations  to  their  masters,  or  anything  of  that 
kind,  the  laws  were  severe,  and  the  free  negro  was  placed,  in  some  respects,  in  a  worse  con 
dition  than  a  white  man,  but  those  cases  are  very  few ;  and  now  the  universal  sentiment  and 
feeling  of  the  people  is  to  give  to  the  negro,  in  law,  all  the  results  of  the  fact  of  his  freedom. 
In  regard  to  negro  testimony  there  is  a  diversity  of  sentiment  among  our  people.  I  believe 
everybody  agrees  that  one  of  the  effects  of  freedom  will  be,  sooner  or  later,  to  place  the  ne 
gro  and  the  white  man,  in  this  matter  of  testimony,  on  a  perfect  equality  before  the  law,  and 
that  this  ought,  and  necessarily  will  be  so  ;  but  there  is  a  diversity  of  opinion  in  reference 
to  the  expediency  and  safety  of  undertaking  to  do  that  thing  all  at  one  job.  I  think  tire 
more  prudent  of  our  people  are  disposed  to  do  that  gradually,  taking  a  step  at  the  time,  and 
ascertaining  how  it  works.  I  think  the  feeling  now  is  to  place  in  the  hands  of  the  negro 
the  right  to  testify  in  all  matters  affecting  his  person,  his  property,  or  his  family  ;  to  testify 
in  his  own  case,  as  a  white  man  would  do  ;  and  to  testify  in  criminal  prosecutions  for  of 
fences  against  his  person,  his  property,  or  his  family.  I  think  that  the  disposition  is  to  let 
that  be  the  first  step,  and  to  go  on  gradually.  '  You,  gentlemen  of  the  north,  who  have  not 
a  mass  of  300,000  or  400,000  suddenly  emancipated  negroes  in  your  midst,  can  hardly  appre 
ciate  the  caution  which  we  feel  to  be  necessary  in  dealing  with  any  of  these  problems. 
However  much  we  may  be  determined  to  do  them  justice,  there  are  questions  of  safety  and 
expediency  which  nwst  be  considered  by  prudent  and  discreet  men.  I  have  no  hesitation  in 
saying  that  the  desire  and  determination  is,  as  rapidly  as  possible,  to  remove  all  those  dif 
ferences  before  the  law,  and  to  place  the  blacks  on  an  equal  footing  of  equality  before  the 
law.  That  is  my  judgment  and  the  temper  of  the  legislature — to  allow  them  all  the  civil 
rights,  the  same  as  white  men.  There  are  several  things  to  be  taken  into  consideration.  In 
the  first  place,  we  must  let^the  public  feeling  of  the  white  people  mature.  Our  local  govern 
ment  must  conform  to  the  judgment  and  opinion  of  our  own  people,  and  they  must  have 
time  to  make  up  their  mind  to  this  thing.  If  you  attempt  to  force  the  matter,  you  will  see 
that  it  will  bring  about  an  enmity  between  the  races.  There  is,  as  Mr.  Grattan  remarked, 
no  unkind  feeling  towards  the  negro  in  a  position  where  he  is  not  asserting  an  equality ;  but 
the  best  friend  a  negro  ever  had  in  the  world,  the  kindest  friend  he  ever  had,  a  young  boy 
or  girl  raised  by  a  negro  mammy,  and  devotedly  attached  to  her,  would  become  ferociously 
indignant  if  the  old  mammy  were  to  claim  equality  for  a  moment.  This  feeling  is  found  in 
the  northern  people  as  well  as  in  the  southern  people.  The  idea  that  this  equality  was  now 
to  be  asserted  and  claimed  would  have  a  bad  effect ;  but  go  on  gradually  to  remove  these 
different  distinctions,  and  the  people  will  find  that  it  amounts  to  nothing  in  the  end  but  what 
is  just  and  right  in  itself,  and  they  will  come  to  it  without  any  shock  to  their  feelings.  I 
think  I  can  say  with  perfect  confidence  that  our  people  will  deal  with  the  negro  in  all 
respects  as  kindly,  and  extend  privileges  to  him  as  rapidly,  as  if  he  had  been  manumitted 
by  the  judgment  of  our  own  people,  without  any  foreign  influence  at  all :  that  is  my  belief. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  109 

I  do  not  like  the  negro  as  well  free  as  I  did  as  a  slave,  for  the  reason  that  there  is  now  be 
tween  us  an  antagonism  of  interest  to  some  extent,  while,  before,  his  interest  and  mine  were 
identical.     Then,  I  was  always  thinking  of  how  I  could  fix  him  comfortably.     Now,  I  find 
myself  driving  a  hard  bargain  with  him  for  wrages  ;  and  I  find  that  sort  of  feeling  suggested 
directly  by  motives  of  interest  coming  in  between  the  employer  and  the  employed. 
Question.  You  find  the  negro  loves  money  as  well  as  the  white  man  ? 
Answer.  Certainly;  he  loves  money  ;  but  he  knows  nothing  about  taking  care  of  it.     My 
negroes,  when  they  draw  their  month's  wages  now,  give  a  blow-out  and  have  a  dance  in  my 
kitchen,  and  we  find  it  necessary  to  put  a  clause  in  our  contracts  with  them,  giving  the 
employer  the  right  to  procure  them  decent  clothes  out  of  their  wages. 

(Mr.  W.  T.  Joynes  here  stated  as  a  remarkable  fact  that  when  negroes  get  money  they 
cease  working  till  their  money  is  all  spent.  Hence  they  flock  into  towns,  where  they  can 
work  by  the  job.  They  have  not  got  the  idea  of  laying  up  anything  for  a  rain}-  day,  and 
they  always  spend  their  wages  before  their  next  wages  come  due,  to  which  the  witness 
assented.) 

Question.  Do  you  think  that  this  results  in  a  great  degree  from  the  fact  that  they  have 
been  slaves  ? 

Answer.  It  is  to  some  extent  the  intrinsic  character  of  the  animal.  It  is  characteristic  of 
the  free  negroes  as  a  class,  although  there  are  here  and  there  exceptions. 

Question.  In  the  case  of  a  compulsory  change  in  the  constitution  or  laws,  by  which  the 
right  of  suffrage  should  be  given  to  the  blacks  of  Virginia,  would  you  anticipate  scenes  of 
violence  between  the  two  races  there? 

Answer.  It  is  very  difficult  to  anticipate.  I  think  that  in  the  absence  of  interference  from 
the  government  there  is  not  much  prospect  of  anything  like  armed  collision  betwen  the  two 
races.  I  think  that  the  white  and  black  races  are  so  intermingled  in  the  business  of  life  that 
the  black  race  is  under  the  influence  of  the  white,  and  I  think  that  as  a  result  they  like  the 
white  people  better  than  they  do  their  own.  I  think  it  would  be  hard  to  unite  the  blacks 
together  as  a  race.  I  think  the  greatest  danger  they  are  in  is  that  they  will  be  oppressed  by 
the  keenness  of  competition  for  employment,  and  by  the  superior  sharpness  of  white  persons  in 
individual  cases  getting  the  advantage  of  them.  I  do  not  think  there  is  any  prospect  of  armed 
collisions,  except  the  negroes  are  organized  for  some  aggressive  movement  from  without.  If  , 
that  is  the  case  I  believe  there  would  be. 

Question.  Have  you  any  reason  to  believe  that  any  such  organization  exists  in  Virginia 
oil  the  part  of  the  blacks  ? 

Answer.  There  are  organizations  of  a  benevolent  character ;  but  I  have  no  reason  to  believe 
that  they  have  any  organization  for  any  sinister  purpose. 

Question.  Have  you  any  idea  that  they  have  collected  arms  together  for  protection? 
Answer.  I  have  not  the  least  idea  of  anything  of  the  sort.     I  think  they  would  be  very 
slow  to  do  it.     They  are  the  best  and  kindest  people  I  know  of. 

Question.  Is  not  the  negro,  after  all,  in  the  main,  submissive  to  authority  and  inclined  to 
be  orderly  ?  Is  he  not  as  truthful  as  the  same  class  of  whites  ? 

Answer.  It  is  extremely  hard  to  compare  classes.  fMy  own  impression  is  that  in  the 
moral  and  affectionate  dispositions  the  negro  is,  perhaps,  the  equal  of  the  white  person  up  to 
a  certain  point  and  under  similar  circumstances.  As,  for  instance,  the  negro  nurse  is  more 
affectionate,  more  attached,  and  more  devoted  than  the  white.  The  negro  servant  is, 
perhaps,  more  faithful  and  has  less  thought  of  self  in  his  devotion  to  his  master  and  em 
ployer.  I  believe  that  in  reading,  and  writing,  and  spelling,  negroes  learn  almost  as  quickly 
as  whites;  but  I  believe  that  when  you  have  said  that,  you  have  given  them  about  the  highest 
position  they  can  get.  I  do  not  believe  that,  as  a  race,  they  will  ever  have  the  persistence 
of  purpose,  or  the  energy,  or  the  intellectual  vigor  to  rise  to  anything  like  intellectual 
equality  with  the  white  race.  I  think  that  they  will  get  along  very  well  in  the  ordinary 
domestic  relations,  as  servants  and  inferiors. 

Question.  You  think,  then,  that  in  point  of  intellect  they  are  inferior  to  the  white  race? 
Answer.  I  do,  decidedly ;  that  is,  in  certain  qualities  of  the  mind,  the  qualities  which  go 
to  build  up  a  government,  or  to  build  up' a  race,  or  to  accomplish  any  great  results  requiring 
persistent  effort  and  combinations,  I  believe  they  are  greatly  inferior  to  the  white  race.  But 
in  the  little  affectionate  and  moral  attributes  which  go  to  make  them  amiable  in  their  inter 
course,  kind,  indulgent,  obedient  to  the  orders  of  other  persons,  I  think  they  are  just  as  good 
as  white  men. 

Question.  What  is  their  capacity  tor  acquiring  a  knowledge  of  music  and  painting? 
Answer.  I  do  not  know  about  painting  ;  but  a  negro  is  a  born  musician,  after  a  certain 
fashion.  I  have  rarely  known  a  negro  who  ever  acquired  any  great  excellence  as  a 
musician.  They  learn  to  play  the  fiddle  by  ear  and  to  pick  the  barijo,  and  they  do  it  re 
markably  well ;  but  I  never  knew  a  negro  who  made  a  really  fine  musician,  except  Blind 
Tom,  who  wras  an  idiot.  Blind  Tom  is  the  best  performer  I  ever  heard  on  the  piano,  except 
Thalberg  himself;  but  that  is  an  exception,  for  Blind  Tom  has  not  sense  enough  to  take 
care  of  himself.  He  is  blind  and  idiotic.  I  do  not  think  negroes  have  intellect  enough  to 
acquire  superiority  in  any  art  requiring  continuity  of  purpose. 


110  RECONSTRUCTION. 

WASHINGTON,  D.  C.,  February  14,  1866. 
William  J.  Dews  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  State  your  residence  and  occupation. 

Answer.  Staunton,  Virginia;  professor  of  music. 

Question.  Are  you  a  native  Virginian  ? 

Answer.  Yes  ;  I  was  bom  in  Isle  of  Wight  county,  near  Richmond. 

Question.  Have  you  been  a  secessionist  ? 

Answer.  No,  sir ;  thank  Heaven. 

Question.  You  have  been  uniformly  a  Union  man  ? 

Answer.  I  have. 

Question.  What  hare  been  your  opportunities  for  observing  the  state  of  feeling  in  that 
part  of  Virginia  where  you  reside,  during  the  war  and  since  the  war  ? 

Answer.  I  remained  in  the  south  until  July,  1864,  when  I  left  Richmond  and  got  through 
the  lines  into  West  Virginia. 

Question.  And  since  the  close  of  hostilities  you  have  been  residing  at  Staunton  ? 

Answer.  Yes,  sir;  I  went  there  as  soon  as  communication  was  open. 

Question.  What  is  the  feeling  among  the  ex-rebels  there  towards  the  government  of  the 
United  States  ? 

Answer.  As  a  general  thing,  the  feeling  is  one  of  opposition,  as  far  as  my  knowledge  extends. 

Question.  How  are  they  in  the  habit  of  speaking  of  the  government  ? 

Answer.  Disrespectfully.     Of  course  there  are  exceptions. 

Question.  Are  they  understood  as  speaking  against  the  present  administration,  or  against 
the  government  as  a  government  ? 

Answer.  I  understand  that  it  is  against  the  United  States  government.  Some  have  refer 
ence  to  the  present  administration ;  but  generally — my  impression  is  from  observation — it  is 
directed  against  the  United  States  government. 

Question.  Do  you  hear  expressions  among  them  indicating  their  wish  for  a  renewal  of  the 
war? 

Answer.  Well,  sir ;  I  cannot  say  that. 

Question.  Or  a  wish  for  southern  independence  ? 

Answer.  Yes,  sir. 

Question.  Are  such  expressions  frequent  among  them  ? 

Answer.  They  are  not  very  frequent  in  my  presence.  A  good  many  things  of  that 
character  do  reach  rny  ears  from  those  who  are  bold  enough  to  say  what  they  think  on  all 
occasions,  but  from  others  I  hear  them  indirectly.. 

Question.  How  do  they  feel  in  regard  to  the  emancipation  of  their  slaves  ? 

Answer.  Generally  speaking,  they  do  not  recognize  it,  only  just  so  far  as  they  are  com 
pelled.  Some  few  do. 

Question.  How  do  the  ex-rebels  treat  Union  men  ? 

Answer.  As  a  general  tiling,  they  look  upon  them  with  contempt. 

Question.  Do  they  exhibit  in  their  intercourse  bitterness  and  hostility  towards  the  Union 
men? 

Answer.  They  do. 

Question.  Are  you  aware  of  any  scenes  of  violence  recently  growing  out  of  feelings  of 
Unionism  and  rebelism  ? 

Answer.  I  am ;  of  attempted  violence  and  of  direct  violence. 

Question.  Narrate  such  circumstances  as  occur  to  you  as  illustrations  of  the  state  of  feeling. 

Answer.  A  gentleman  named  Davis,  a  returned  refugee  and  well-known  Union  man,  was 
insulted  on  the  cars  about  three  weeks  ago,  near  the  village  of  Mount  Sydney,  and  a  tight  got 
up.  Two  Union  men  were  attacked  at  Mount  Sydney  (quite  a  strong  Union  place  too)  on  the 
day  of  an  election  for  magistrates,  and  an  attempt  was  made  to  put  them  out  of  the  hotel. 
They  had  been  both  in  the  federal  army  and  had  been  discharged.  But  they  drew  their 
revolvers  and  held  their  assailants  at  bay.  Some  government  officers  who  were  passing  at 
the  time  (the  assistant  superintendent  of  the  Freedmen's  Bureau  among  them)  were  insulted. 
Some  of  them  were  for  stopping  and  settling  it  then,  but  better  counsels  prevailed.  Several 
other  cases  have  been  reported  to  me,  but  the  names  have  escaped  my  memory.  I  have  not 
heard  a  complaint  against  a  Union  man  for  having  attempted  reviling  against  secessionists, 
or  anything  of  that  sort. 

Question.  How  is  it  in  regard  to  social  intercourse  between  ex-rebels  and  Unionists  ? 

Answer.  There  is  not  much.  There,  is  some.  Where  ex-rebels  regard  a  Union  man  as 
having  simply  exercised  his  judgment  and  acted  conseieutiotisly,  they  look  at  the  matter  fairly. 

Question.  State  whether  the  ex-rebels  in  your  vicinity  outnumber  the  Unionists? 

Answer.  Yes,  sir;  probably  eight  or  ten  to  one  in  the  county. 

Question.  The  Unionists  are  in  a  very  small  minority  ? 

Answer.  Yes,  sir. 

Question.  Can  Unionists  be  elected  to  any  office  in  that  county  ? 

Answer.  Oh  no,  sir;  on  the  occasion  when  the  difficulty  occured  at  Mount  Sydney  the 
magistrates  who  were  elected  were,  as  I  was  informed,  ex-rebela. 


VIRGINIA — NORTH    CAROLINA SOUTH   CAROLINA.  Ill 

Question.  How  are  northern  men  treated  in  that  vicinity  by  ex-rebels  ? 

Answer.  They  are  regarded  pretty  much  in  the  same  light  as  Union  men  of  the  county ; 
perhaps  the  latter  are  thought  even  less  of. 

Question.  Are  northern  men  welcome  as  settlers  down  there,  when  they  go  to  transact 
business  or  to  purchase  property  ? 

Answer.  They  are,  to  a  certain  extent,  as  a  matter  of  ^business. 

Question.  What  chance  does  a  Unionist  stand  to  get  justice  in  the  State  courts  ? 

Answer.  I  should  not  suppose,  with  perhaps  a  few  exceptions,  that  he  would  have  any 
chance ;  that  is  the  impression  of  all  the  Union  men.  Union  men  are  preparing  a  petition  to 
Congress  to  have  all  their  lawsuits,  of  every  description,  referred  to  a  military  court  or  some 
other  tribunal,  because  they  are  convinced  that  they  cannot  have  justice  done  them  on 
account  of  the  prejudice  against  them ;  probably  two  hundred  and  fifty  persons  in  the  county 
have  already  signed  the  petition. 

Question.  Is  that  feeling  very  extensive  among  the  Union  people  there  ? 

Answer.  Yes,  sir;  it  is  universal.  I  learn  that  there  are  only  two  Union  men  in  the 
county  who  refuse  to  sign  the  petition,  and  they  decline  from  a  fear  of  being  interfered  with. 

Question.  What  effect  has  the  President's  liberality  in  granting  amnesties  and  pardons  to 
rebels  had  upon  their  minds  generally  ? 

Answer.  So  far  as  my  knowledge  extends,  I  cannot  say  that  it  has  had  any  good  effect;  it 
has  made  them  more  contemptuous,  if  anything. 

Question.  How  do  they  generally  regard  the  oath  of  amnesty,  when  they  take  it? 

Answer.  With  some  few  exceptions  they  feel  as  if  they  were  simply  constrained  to  do  it, 
just  as  a  man  might  be  compelled  to  give  his  money  to  a  robber  to  save  his  life. 

Question.  Have  you  any  reason  to  suppose  that  there  exists  in  Virginia,  or  elsewhere  in 
the  rebel  region,  any  secret  society  or  combination  having  in  view  southern  independence,  in 
any  future  contingency  ? 

Answer.  I  have  no  positive  reason  to  suppose  that  such  exists  in  the  form  of  combinations 
or  associations,  although  I  have  heard  such  intimations. 

Question.  That  such  clubs  did  exist? 

Answer.  No ;  but  that  such  was  the  feeling  in  individual  cases  ;  for  instance,  speaking  of 
the  probable  disagreement  of  the  north  in  relation  to  acts  of  Congress,  and  hoping  that  such 
differences  might  arise  and  might  produce  an  appeal  to  arms  in  the  north. 

Question.  L)o  you  mean  to  say  that  the  apprehension  is  entertained  by  anybody  in  the 
south  that  there  is  to  be  an  appeal  to  arms  at  the  north  ? 

Answer.  Yes,  sir ;  that  it  is  to  eventuate  in  that,  from  disagreement  between  the  republican 
party  and  the  President. 

Question.  And  in  that  case,  the  secessionists  are  going  to  do  what  ? 

Answer.  They  would  then  havp  a  chance  for  another  trial  for  independence.  Such  an 
opinion  was  advanced  to  me  by  the  corporation  attorney  of  Staunton,  not  two  weeks  since ; 
he  avowed  himself  as  a  secessionist,  and  that  he  was  proud  of  it. 

Question.  What  do  they  say  generally  in  reference  to  a  war  between  the  United  States  and 
some  foreign  power  ? 

Answer.  In  many  cases  they  intimate  their  desire  for  it. 

Question.  From  what  you  know  of  their  temper  and  inclinations,  have  you  reason  to 
apprehend  that,  in  the  case  of  a  foreign  war,  many  of  them  would  join  the  common  enemy 
of  the  United  States  ? 

Answer.  My  opinion  is,  that  very  many  would ;  but  as  to  what  proportion  of  them  I  am 
not  prepared  to  state ;  I  think  that  a  great  many  of  the  thinking  men  would  discourage  it. 

Question.  Suppose  it  should  become  apparent  that  the  rebel  States  stood  a  pretty  good 
chance  to  succeed  in  establishing  their  independence  by  allying  themselves  with  a  foreign 
enemy,  in  the  course  of  a  foreign  war,  what  would  they  do  ? 

Answer.  I  am  of  opinion  that  many  of  them  would  ally  themselves  with,  the  foreign 
enemy.  I  do  not  know  what  feeling  might  arise  when  such  a  contingency  occurred ;  the 
feeling  might  change,  and  all  might  rally  around  the  flag. 

Question.  How  do  they  feel  toward  the  freedmeu  ? 

Answer.  Very  bitter ;  but,  to  use  their  own  terms,  they  regard  the  Union  man  about  as 
they  do  the  nigger.  Since  I  went  back  to  Stauutou  I  have  been  invited  to  act  as  a  commis 
sioner  in  the  bureau  of  refugees,  in  my  leisure  time.  Some 'five  days  since,  Mr.  Tukey, 
assistant  superintendent,  was  absent  in  Kichmond  on  business,  and  the  business  of  the 
office  was  left  in  my  charge.  I  had  some  difficulty  with  a  magistrate  there,  an  ex-rebel,  who 
interfered  with  me ;  I  threatened  him  with  the  military  if  he  did  not  desist ;  he  refused  to 
desist,  and  I  went  to  the  mayor  and  requested  him  to  do  what  I  wanted,  and  he  instantly  did 
so;  it  was  to  take  a  man  out  of  jail,  who  had  been  put  in  without  a  hearing;  there  was 
nothing  at  all  against  the  man,  and  he  was  simply  held  in  a  small  amount  to  keep  the  peace  ; 
the  same  corporation  council  appeared  there,  and  argued  that  they  should  arrest  me  for  in 
terfering  ;  the  town  sergeant,  who  is  a  loyal  man,  spoke  up  and  said,  that  I  had  done  nothing 
in  the  world  but  my  duty ;  the  corporation  attorney  suggested  that  I  should  be  arrested  first 
and  examined  afterwards ;  the  magistrate,  after  hearing  the  town  sergeant,  said  there  was 
nothing  against  me  ;  the  attorney  seemed  very  much  chopfallen,  and  used  some  insolent 
language  towards  me,  which  stirred  up  my  anger ;  he  offered  to  make  a  test  case  of  it  in 


RECONSTRUCTION. 

some  other  manner,  and  I  told  him  just  walk  out  of  the  office  and  make  a  test  case  of  it  in 
any  way  he  chose,  which  settled  the  matter. 

Question.  Whereupon  he  did  not  walk  out? 

Answer.  He  did  not,     Another  man,  named  Bunch,  a  well-known  rebel,  also  appealed 


disturb  the  peace,      me  anair  [jiuuuc  "*  •«— —  -•  — rr~- 

commander  of  the  troops  at  Charlottesville,  asking  him  whether  if  it  became  necessary   he 
would  be  prepared  to  start  some  troops  up  to  Staunton  by  the  tram.  tely 

answered  that  he  was  prepared. 

Question.  The  ex-rebels  have  no  special  fondness  for  the  Union  troops  in  their  rnids 

QoMtton.  Would  the  whites  in  that  part  of  Virginia  willingly  contribute  for  the  educa 
tion  of  all  classes,  blacks  and  whites  ? 

Answer.  My  impression  is  that  they  would  not.  The  papers  discountenance  it,  and  make 
fun  of  the  negro  schools  and  school  teachers  and  Freedmen's  Bureau. 

Question    How  are  teachers  of  colored  schools  treated  by  ex-rebels  ? 

Answer.  They  are  not  treated  with  any  respect,  with  some  few  exceptions ;  tl 
probably  not  more  than  one  or  two  families  where  they  visit. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  blacks  ?  Are  they  willing  to 
promote  it,  or  do  they  discourage  it  ? 

Answer.  They  discourage  it.  A  collection  was  being  made  to  build  a  church  for  the 
blacks ;  Mr.  Sandy  (Alex.  H.  H. )  Stuart  subscribed  five  dollars,  but  remarked  to  the  colored 
man  that  he  would  give  five  dollars  toward  building  the  church,  and  would  give  nve  dollars 
niore  if  the  bureau  would  leave,  and  if  Mr.  Tukey  would  leave;  it  was  either  Mr.  Stuart  or 
Mr  John  B.  Baldwin  who  said  this ;  I  believe  it  was  Mr.  Stuart. 

Question.  Mr.  Stuart  ran  for  Congress  on  the  secession  ticket  ? 

Answer.  Yes,  sir. 

Question.  Who  was  his  competitor? 

Answer.  Mr.  Lewis,  a  Union  man. 

Question.  Which  was  elected  ? 

Question.  Did  Mr.  Stuart  issue  a  card  during  the  canvass  in  reference  to  the  test  oath  ? 

Answer.  Yes,  sir. 

Question.  What  did  he  say  in  that  card  ? 

Answer.  He  said,  in  substance,  that  he  could  not  and  would  not  take  t 

Question.  That  was  before  the  election? 

Answer.  -Yes,  sir,  if  I  am  not  mistaken. 

Question.  By  the  oath,  you  refer  to  what! 

Answer.  To  the  test  oath. 

Question.  Contained  in  the  President's  proclamation? 

Answer.  I  presume  so. 

Question.  By  what  majority  was  Stuart  elected  over  Lewis? 

Answer.  I  am  not  aware ;  but  if  my  memory  serves  me  right,  it  was  a  pretty  goo 

J°lQuestion.  Are  you  able  to  say  whether  or  not  Mr.  Stuart  took  any  part  in  the  war,  on  the 
nart  of  the  rebels,  encouraged,  aided,  or  abetted  it  ? 

Answer.  I  do  not  think  he  was  in  the  army,  because  his  age  kept  him  out;  he  was  re- 
eavded  as  a  tolerably  good  Union  man  during  the  war;  but  the  Union  men  were  ieartu 
him ;  they  did  not  give  him  their  confidence  entirely,  but  he  was  looked  upon  as  a  li 
friendly  to  the.Union  men. 

Question.  Was  he  trusted  by  either  party? 

Answer.  I  cannot  say  positively. 

Question.  Did  either  party  look  upon  him  with  any  reliance  ? 

Answer.  My  impression  is,  that  men  who  changed,  like  him,  were  not  looked  upon  witl 
confidence,  except  they  took  up  arms  direct  in  defence  of  secessionism ;  they  wen 
upon  with  such  respect  as  if  they  had. 

Question.  Do  you  think  a  jury  could  be  got  together  in  that  county  that  would  convict  a 
ringleader  traitor  of  making  war  against  the  United  States  ? 

Answer.  I  do  not  think  so. 

Question.  Is  your  opinion  founded  on  your  knowledge  of  public  feeling  » 

Answer.  Yes,  sir,  on  my  knowledge  and  on.what  I  hear  daily.     I  was  told  of  a  man  the 
other  day  in  the  country  who  said  he  would  not  sit  as  juror  in  a  case  between  a  Union  n 
and  an  ex-rebel,  because  he  would  be  prejudiced  against  the  Union  man. 

Question.  Does  any-other  matter  occur  to  your  mind  which  you  wish  to  stat    . 
Answer.  I  may  state  that  the  signers  of  the  petition  of  which  I  spoke  feel  so  tully  c« 
dent  that  thoy  can  get  no  justice  in  the  State  courts  that  they  refuse  to  take  any  case  there, 
waitino-  for  something  to  turn  up  in  their  favor.     Knowing  the  position  that  I  hold,  I  have 
received  hundreds  of  messages  from  Dunkards  and  other  Union  men  to  that  effect. 
Question.  Are  the  Duukards  numerous  in  that  county  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  113 

Answer.  Yes ;  they  are  quite  numerous ;  and,  possibly,  ninety-nine  out  of  every  hundred 
of  them  are  Union  men,  except  that  they  paid  $500  each  to  the  confederate  government  for  ex 
emption  from  military  service ;  they  were  required  to  pay  it. 

Question.  How  do  the  ex-rebels  feel  down  there  towards  General  Lee? 

Answer.  They  regard  him  as  a  saint,  so  far  as  my  knowledge  extends. 

Question.  How  do  they  feel  towards  Jefferson  Davis  ? 

Answer.  They  regard  him  as  a  persecuted  friend,  as  a  general  thing.  I  do  not  know  that 
I  ever  heard  one  say  he  was  justly  punished. 

Question.  Did  you  ever  hear  anything  said  about  his  connexion  with  the  assassination  of 
Mr.  Lincoln? 

Answer.  I  have  not,  further  than  what  I  saw  in  the  newspapers. 

Question.  How  do  the  most  pronounced  among  the  secessionists  feel  in  regard  to  the 
assassination  of  Mr.  Lincoln?  Do  they  think  it  was  an  atrocious  act  or  a  justifiable  act? 

Answer.  So  far  as  my  knowledge  extends,  they  consider  it  an  atrocious  act  generally ;  it 
would  be  exceedingly  dangerous  to  express  any  different  feeling,  if  they  felt  it ;  I  am  not 
prepared  to  say  whether  they  mean  what  they  say,  or  not.  I  heard  a  few  say  that  they  had 
no  regret  about  it,  but  the  generality  of  them  denounce  the  act.  A  lawyer  named  Hill,  from 
Highland  county,  came  into  the  office  recently  and  made  a  complaint  that  a  white  man  who 
had  been  arrested  for  theft,  tried,  found  guilty,  and  punished  by  the  provost  marshal,  and 
who  had  received  a  certificate  of  the  fact,  had  been  brought  before  one  of  the  civil  courts  on 
the  same  charge,  and  that  the  court  had  refused  to  recognize  the  certificate  of  the  provost 
marshal,  indorsed  by  Colonel  Clay,  commanding  the  post.  The  corporation  counsel  got  up 
and  asked,  contemptuously,  who  Colonel  Clay  was ;  and  he  treated  the  certificate  with  the 
utmost  contempt.  The  trial  is  in  progress  now.  The  man  managed  to  get  bail,  and  his 
lawyer  applied  to  the  office  of  the  Freedmen's  Bureau. 

Question.  What  was  the  ruling  of  the  court? 

Answer.  Mr.  Hill,  the  counsel  for  the  prisoner,  said  that  the  certificate  was  disregarded 
entirely. 

Question.  Is  Mr.  Hill  a  credible,  respectable  man  ? 

Answer.  Yes,  so  far  as  my  knowledge  extends.  The  facts  are  now  being  laid  before  General 
Terry.  In  reference  to  the  popular  feeling  I  will  give  another  illustration  :  After  my  return 
to  Staunton,  about  a  month  or  six  weeks  since  an  article  appeared  in  the  Staunton  Spectator, 
copied  from  the  Metropolitan  Record,  in  reference  to  Union  men,  returned  refugees,  &c. — 
very  bitter  and  outrageous.  Several  Union  men  applied  to  me  to  reply  to  it.  The  editor  of 
the  Spectator  reluctantly  agreed  to  publish  my  reply,  and  in  the  same  number  of  the  paper 
he  came  out  with  a  violent  editorial  in  regard  to  the  petition  of  which  I  have  spoken.  The 
other  two  papers  took  it  up  and  pitched  into'me  in  regard  to  the  petition  and  other  matters. 
I  waited  upon  the  editors  of  those  papers  and  requested  permission  to  reply  to  their  articles, 
which  permission  they  accorded  me  ;  but  the  editor  of  the  Spectator  refused  me  the  same  priv 
ilege,  treating  my  letter  with  contempt,  and  telling  the  bearer  that  he  would  receive  nothing 
from  me. 

Question.  Is  the  Spectator  a  secession  journal  ? 

Answer.  It  is  ;  and  probably  the  most  bitter  in  Staunton. 

Question.  How  large  a  place  is  Staunton  ? 

Answer.  A  place  of  probably  seven  thousand  inhabitants.  The  other  day  a  flour  inspector 
remarked  to  a  white  man,  who  had  appealed  to  the  Freedmen's  Bureau  against  an  unjust  im 
prisonment,  that  any  white  man  who  would  go  to  the  bureau  was  no  better  than  a  nigger, 
nor  so  good.  This  man  holds  the  position  of  flour  inspector  at  Staunton  under  the  State 
government,  and  is  known  as  a  notorious  rebel. 

Question.  By  whom  was  he  appointed  ? 

Answer.  By  Governor  Peirpoint. 

Question.  What  is  the  political  character  of  the  Virginia  legislature  ? 

Answer.  From  all  I  can  learn  they  seem  to  be  rebels — inclined  that  way. 

Question.  What  public  service  has  Mr.  John  B.  Baldwin  rendered'? 

Answer.  He  was  a  member  of  the  rebel  Congress. 

Question.  House  of  representatives  or  senate  ? 

Answer.  I  cannot  say. 

Question.  How  long  did  he  serve  ? 

Answer.  I  presume  he  served  all  the  time.     He  was  serving  when  I  left  the  confederacy. 

Question.  Did  he  serve  in  the  rebel  army  at  all  ? 

Answer.  I  do  not  think  he  did.  I  may  state  in  this  connexion,  that  during  General  Hun 
ter's  raid  I  was  within  ten  miles  of  Staunton,  hiding,  and  happened  to  be  in  the  vicinity  of 
the  battle-field  at  Piedmont.  When  the  wagon  train  came  along  I  made  the  acquaintance  of  a 
colonel  and  stated  my  position.  He  advised  me  to  go  to  the  mountains,  as  they  would  probably 
have  a  heavy  fight  at  Lynchburg.  I  went  to  Staunton  with  him,  and  rode  in  front  of  the 
column  into  the  town,  where  my  little  boy  was.  Next  morning  Mr.  Baldwin  came  down  out  of 
the  mountains,  coming  from  Richmond,  and  harangued  the  people  in  Stauntou,  advising  them 
to  resistance,  and  to  make  all  efforts  to  rally.  He  said  that  the  President  had  told  him  that  the 
valley  should  be  held  at  all  hazards ;  that  the  people  should  have  no  fear  of  Hunter  or  any  one 
else.  A  large  crowd  had  gathered  around  him.  He  was  on  horseback  near  the  hotel.  He 
did  not  make  any  loud  speech,  but  it  was  conversation.  This  was  in  the  summer  of  1864. 
8  V  NC  SC 


114  RECONSTRUCTION. 

WASHINGTON,  D.  C.,  February  15,  1866. 
Jolin  Minor  Botts  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  the  county  of  Culpeper,  State  of  Virginia. 

Question.  Were  you  a  member  of  the  secession  convention  of  Virginia? 

Answer.  No,  sir. 

Question.  Where  were  you  at  the  time? 

Answer.  I  was  ran  for  the  convention  as  a  Union  candidate,  but  was  beaten  by  a  secession 
candidate,  the  late  rebel  secretary  of  war,  G.  W.  Randolph. 

Question.  Where  were  you  during  the  session  of  that  convention? 

Answer.  I  was  in  Richmond. 

Question.  Were  you  well  acquainted  with  their  proceedings  ? 

Answer.  I  was  tolerably  familiar  with  them.  I  very  seldom  attended  their  discussions, 
but  I  had  a  good  deal  of  intercourse — constant  intercourse — with  the  Union  members  of  the 
convention. 

Question.  Are  you  acquainted  with  George  W.  Summers,  of  Virginia? 

Answer.  Very  well. 

Question.  Was  he  a  member  of  the  convention? 

Answer.  Yes,  sir. 

Question.  Was  he  a  Union  member? 

Answer.  He  was. 

Question.  Have  you  any  recollection  of  John  B.  Baldwin,  of  Virginia,  who  was  a  member 
ol  that  convention,  paying  a  visit  to  President  Lincoln  just  before  the  firing  on  Fort  Sumter? 

Answer.  I  know  nothing  of  it  except  what  I  derived  from  Mr.  Lincoln  himself,  and  from  a 
subsequent  interview  with,  and  admission  on  the  part  of,  Mr.  Baldwin,  of  the  material  por 
tions  of  Mr.  Lincoln's  statement  to  me. 

Question.  Go  on  and  state  the  substance  of  Mr.  Lincoln's  statement  to  you. 

Answer.  I  arrived  in  Washington  on  the  5th  day  of  April,  1 861.     On  Sunday  afternoon,  the 
7th,  I  received  a  note  from  Mr.  Lincoln,  saying  he  would  be  glad  to  see  me  during  the  evening. 
I  went  up  to  his  house  and  spent  from  seven  o'clock  until  eleven  o'clock  in  company  with 
Mr.  Lincoln,  during  which  time  we  had  a  great  deal  of  conversation  upon  the  general  affairs 
of  the  country,  and  especially  in  reference  to  the  condition  of  things  in  Virginia.    During  the 
conversation  Mr.  Lincoln  said  to  me  that  he  had,  about  a  week  or  ten  days  before  that,  pos 
sibly  a  fortnight,  written  to  Mr.  Summers,  with  whom  we  had  both  served  in  Congress  to 
gether,  asking  him  to  come  to  Washington  without  delay,  as  he  had  a  most  important  prop 
osition  to  make  to  him,  and  that  if  he  could  not  come  himself  he  would  send  some  other 
prominent  influential  Union  man  of  the  convention  to  him  ;  that  he  had  not  heard  from  Mr. 
Summers  until  the  Friday  preceding,  which  was  the  5th  ;  that  on  that  day  Mr.  John  B. 
Baldwin,  a  member  of  the  convention,  had  presented  himself  to  him  as  having  been  sent  up 
by  Mr.  Summers  on  the  invitation  of  Mr.  Lincoln ;  that  when  he  made  this  announcement 
Mr.  Lincoln  said  to  him:     "Ah,  Mr.  Baldwin,  why  did  you  not  come  here  sooner?     I  have 
been  waiting  and  expecting  some  of  you  gentlemen  of  that  convention  to  come  to  me  for 
more  than  a  week  past.     I  had  a  most  important  proposition  to  make  to  you.     I  am  afraid 
you  have  come  too  late.     However,  I  will  make  the  proposition  now."     Said  he,  "  Mr.  Bald 
win,  we  have  in  Fort  Sumter  with  Major  Anderson  about  eighty  men,  and  I  learn  from  Ma 
jor  Anderson  that  his  provisions  are  nearly  exhausted — that  he  has  so  much  beef,  so  much 
pork,  so  many  bushels  of  beans,  potatoes,  &c.,  but  that  his  bread  will  not  last  longer  than  ti 
particular  day.     I  forget  whether  he  said  the  next  Wednesday  or  the  Wednesday  after,  but 
at  that  time  his  bread  would  give  out.     I  have  not  only  written  to  Governor  Pickens,  but  I 
Lave  sent  a  special  messenger  to  him  to  say  that  if  he  will  allow  Major  Anderson  to  obtain 
his  marketing  at  the  (Jharleston  market,  or  if  he  objects  to  allowing  our  people  to  land  at 
Charleston,  if  he  will  'have  it  sent  to  him,  that  I  will  make  no  effort  to  provision  the  fort ; 
but  that  if  he  does  not  do  that,  I  will  not  permit  these  people  to  starve,  and  that  I  shall  send 
provisions  down — that  I  shall  send  a  vessel  loaded  with  bread,"  (that  was  his  expression,  by 
which,  of  course,  I  understood  provisions  generally,)  "and  that  if  he  tires  on  that  vessel  he 
will  fire  upon  an  unarmed  vessel  loaded  with  nothing  but  bread  ;  but  I  shall  at  the  same  time 
send  a  fleet  along  with  her,  with  instructions  not  to  enter  the  harbor  of  Charleston  unless 
that  vessel  is  fired  into ;    and  if  she  is,  then  the  fleet  is  to  enter  the  harbor  and  protect  her. 
Now,"  said  he,  "  Mr.  Baldwin,  that  fleet  is  now  lying  in  the  harbor  of  New  York,  and  will 
be  ready  to  sail  this  afternoon  at  five  o'clock ;  and  although  I  fear  it  is  almost  too  late,  yet  I 
will  submit,  anyway,  the  proposition  which  I  intended  when  I  sent  for  Mr.  Summers.     Your 
convention  in  Richmond,  Mr.  Baldwin,  has  been  sitting  now  nearly  two  months,  and  all 
that  they  have  done  has  been  to  shake  the  rod  over  my  head.     You  have  recently  taken  a 
vote  in  the  Virginia  convention  on  the  right  of  secession,  which  was  rejected  by  ninety  to 
forty-five,  a  majority  of  two-thirds,  showing  the  strength  of  the  Union  party  in  that  conven 
tion  ;  and  if  you  will  go  back  to  Richmond  and  get  that  Union  majority  to  adjourn  and  go 
home  without  passing  the  ordinance  of  secession,  so^auxious  am  I  for  the  preservation  of  the 

peace  of  this  country,  and  to  save  Virginia  and  the  'other  border  States  from  going  out,  that 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  115 

I  will  take  the  responsibility  of  evacuating  Fort  Sumter,  and  take  the  chance  of  negotiating 
with  the  cotton  States  which  have  already  gone  out."  "Well,"  said  I,  "Mr.  Lincoln,  how 
did  Mr.  Baldwin  receive  that  proposition  ?"  Raising  his  hands  up  in  this  way,  (illustrating, ) 
he  said  :  "  Sir,  he  would  not  listen  to  it  for  a  moment ;  he  hardly  treated  me  with  civility. 
He  asked  me  what  I  meant  by  an  adjournment ;  did  I  mean  an  adjournment  sine  die.  '  Why, 
of  course,  Mr.  Baldwin,'  said  I,  'I  mean  an  adjournment  sine  die.  I  do  not  mean  to  assume 
such  a  responsibility  as  that  of  surrendering  that  fort  to  the  people  of  Charleston  upon  your 
adjournment,  and  then  for  you  to  return  in  a  week  or  ten  days  and  pass  your  ordinance  of 
secession  after  I  have  given  up  the  fort.'  " 

As  a  matter  of  course  I  felt  very  much  incensed  that  Mr.  Baldwin  should  have  rejected  a 
proposition  which,  it  was  manifest,  as  I  thought  at  that  time,  would  be  the  only  means  of  saving 
the  country  from  the  calamities  through  which  it  has  passed;  and  I  said  at  once:  "Mr. 
Lincoln,  will  you  authorize  me  to  make  that  proposition  to  the  Union  men  of  the  convention  ? 
I  will  take  the  steamboat  to-morrow  morning  and  have  a  meeting  of  the  Union  men  to-mor 
row  night,  and  I  will  guarantee,  with  my  head,  that  they  will  adopt  your  proposition,  and 
adopt  it  willingly  and  cheerfully."  "Oh,"  said  Mr.  Lincoln,  "  it  is  too  late;  the  fleet  has 
sailed,  and  I  have  no  means  of  communicating  with  it."  "Well,"  said  I,  "will  you  au 
thorize  me  to  mention  this  circumstance  for  your  own  benefit  ?  because  the  attempt  will  be 
made  by  all  the  demagogues  in  the  southern  country  to  impose  the  responsibilities  of  this  war 
upon  your  shoulders  ;  and  they  will  say  that  you  have  come  here  for  the  purpose  of  making 
war  upon  the  institutions  of  the  south,  and  that  you  cannot  be  driven  from  it."  His  reply 
was:  "Well,  not  just  now,  Botts;  after  awhile  you  may."  The  inference  I  drew  from  it 
was  this :  that  Mr.  Lincoln  was  assuming  a  responsibility  which  would,  at  that  day,  have 
been  extremely  distasteful  to  those  who  had  elevated  him  to  the  presidency,  but  which  I 
think  it  is  due  now  to  history  and  to  the  character  of  Mr.  Lincoln  to  make  known,  for  it 
should  elevate  him  in  the  minds  of  all  men,  to  see  how  anxious  he  was,  and  what  personal 
sacrifices  he  was  prepared  to  make,  in  order  to  save  the  countiy  from  that  ruinous  and  de 
structive  war  which  he  foresaw. 

Question.  Did  you  take  any  memorandum  of  that  conversation  ? 

Answer.  I  did  not.  There  was  no  necessity  for  it.  It  was  impressed  so  strongly  upon 
my  mind  that  it  could  never  be  obliterated. 

Question.  Was  anybody  else  present  at  that  conversation  ? 

Answer.  There  was  not ;  but  Mr.  Lincoln  has  made  the  same  statement  to  others,  whose 
names  I  will  give  you  before  I  conclude. 

Question.  Did  Mr.  Lincoln  say  anything  about  issuing  a  proclamation,  calling  a  conven 
tion  of  the  States,  with  a  view  to  settle  these  difficulties  ? 

Answer.  He  did  not. 

Question.  Are  you  quite  sure  of  that  ? 

Answer.  I  am  quite  sure  he  did  not. 

Question.  Are  you  perfectly  sure,  according  to  your  best  recollection,  that  Mis,  Lincoln 
told  you  that  he  had  made  that  proposition  to  Mr.  Baldwin  to  evacuate  Fort  Suniter  on  this 
condition  ? 

Answer.  I  know  it  as  well  as  I  know  you  are  standing  before  me  and  that  I  am  answering 
your  question. 

Question.  Are  you  blessed  with  a  good,  retentive  memory  ? 

Answer.  I  think  that  is  pretty  generally  conceded  by  those  who  know  me  best ;  but  it 
needs  no  distinct  recollection  on  that  subject,  for  I  will  proceed  to  show  that  the  truth  of  this 
conversation  was  admitted  to  me  in  the  presence  of  another  gentleman.  Although  there 
was  no  person  present  when  Mr.  Lincoln  made  this  communication  to  me,  there  was  another 
gentleman  present  when  Mr.  Baldwin  admitted  iU 

Question.  Go  on  with  your  narrative. 

Answer.  Of  course,  as  Mr.  Lincoln  had  declined  to  give  me  authority 

Question.  He  did  not  wifih  you  to  mention  the  conversation  just  then  ? 

Answer.  Just  at  that  time ;  after  awhile  I  might.  I  was  very  much  surprised  that,  after 
we  got  into  the  war,  he  did  not  make  it  known.  I  thought  Mr.  Lincoln  would  introduce 
the  subject,  and  make  that  representation  in  his  first  communication  to  Congress.  I  thought 
it  was  due  to  himself  that  he  should.  Inasmuch  as  Mr.  Lincoln  expressed  a  desire  that  I 
should  not  say  anything  about  it  at  that  time,  of  course  I  did  not,  in  a  general  way.  I  re 
mained  in  Washington  until  Monday  morning,  the  15th  day  of  April,  which  was  the  day  his 
proclamation  was  issued.  The  next  evening — my  house  in  Richmond  being,  as  it  were, 
something  like  the  headquarters  of  the  Union  party  when  I  was  at  home — quite  a  number 
of  gentlemen  called  upon  me.  In  the  course  of  conversation  I  mentioned  it  in  rather  a  pri 
vate  way,  because  I  did  not  feel  myself  at  liberty  then  to  make  it  a  general  communication 
to  the  gentlemen  in  the  room.  I  mentioned,  in  a  private  way,  to  Mr.  J.  F.  Lewis,  of  Eock- 
ingham  county,  who  was  a  very  warm  and  zealous  friend  of  Mr.  Baldwin,  and  who  had  the 
most  unlimited  confidence  in  his  loyalty  and  patriotism,  this  conversation  that  I  had  with 
Mr.  Lincoln,  and  I  asked  Mr.  Lewis  if  he  had  heard  anything  of  it.  He  said  he  had  not 
heard  a  word  of  it,  and  "moreover,"  said  he,  "I  do  not  believe  it.  I  would  not  believe 
any  man  that  I  was  not  entirely  familiar  with,  who  would  charge  that  John  Baldwin  had 
taken  upon  himself  such  a  responsibility  as  to  have  rejected  the  proposition,  or  to  have  with- 


116  RECONSTRUCTION 

held  it  from  his  Union  colleagues  ifi  the  convention,  who  would  most  gladly  have  adopted 
it.  And,"  said  he,  "if  you  do  not  object  to  it,  I  would  like  to  ask  Mr.  Baldwin  about  it." 
Said  I,  "so  far  from  my  objecting  to  it,  I  prefer  that  you  would  ask  him,  as  you  have  inti 
mated  a  doubt  of  the  veracity  of  Mr.  Lincoln."  Mr.  Lewis  left  my  house  at  the  usual  bed 
hour,  and  I  think  he  visited  Mr.  Baldwin  that  night ;  whether  it  was  that  night  or  the  next 
morning,  I  am  not  prepared  to  say  ;  but  before  I  was  out  of  bed  the  next  morning  Mr.  Lewis 
came  to  my  room  and  told  me  that'  he  had  seen  Mr.  Baldwin,  and  that  Mr.  Baldwin  had 
acknowledged  to  him  that  the  proposition  was  made,  and  that,  Upon  his  telling  him  that  I 
felt  very  much  concerned  about  his  having  taken  such  a  responsibility  upon  himself,  Mr. 
Baldwin  said  he  would  like  to  see  Mr.  Botts  and  make  an  explanation  on  the  subject,  and 
of  the  reason  why  he  had  rejected  it.  "  And,"  said  Mr.  Lewis,  "he  has  consented  to  come 
up  with  me  immediately  after  breakfast,  and  as  soon  as  I  can  have  breakfast  I  shall  bring 
him  up  here  in  a  hack."  Shortly  after  I  had  finished  my  breakfast,  Mr.  Lewis  and  Mr. 
Baldwin  were  announced.  I  went  into  the  front  room,  and  Mr.  Lewis,  Mr.  Baldwin  being 
present,  said  to  me,  after  the  exchange  of  salutations,  "Well,  Mr.  Botts,  Mr.  Baldwin  has 
come  up  here  to  make  some  explanation  to  you  about  the  circumstances  connected  with  the 
conversation  with  Mr.  Lincoln,  and  why  he  declined  to  accept  the  proposition."  "Well," 
said  I,  "  Mr.  Baldwin,  is  it  true  that  Mr.  Lincoln  did  propose  to  you  that  if  the  convention 
would  adjourn  and  go  home  without  passing  the  ordinance  of  secession,  he  would  evacuate 
Fort  Sumter?"  "Yes,"  said  Mr.  Baldwin,  "he  did."  "My  God,"  said  I,  "Mr.  Baldwin, 
wiry  did  you  reject  such  a  proposition  as  that?"  The  only  answer  he  made  me  was  by 
taking  out  his  watch  and  saying,  "it  only  wants  twenty  minutes  of  the  hour  of  meeting  of 
the  convention,  when  a  most  important  vote  is  to  be  taken,"  (which  I  knew  to  be  the  vote  on 
the  ordinance  of  secession ;)  "  I  arn  obliged  to  be  there  punctually  at  the  hour,  and  I  have  not 
time  to  make  the  explanation  I  desire,  but  I  will  avail  myself  of  the  earliest  opportunity  to 
make  a  full  explanation  of  the  whole  of  it."  From  that  day  to  this  I  have  not  laid  my  eyes 
on  Mr.  Baldwin,  nor  have  I  heard  any  explanation  from  him,  nor  have  I  had  directly  any 
communication  from  him.  I  have  been  informed  that  Mr.  Baldwin  gets  very  much  excited 
whenever  the  subject  is  mentioned  in  his  presence;  and  I  have  also  been  told  that  his 
brother-in-law,  Mr.  Robert  Gray,  of  Rockinghaui  county,  has  said  that,  on  one  occasion, 
when  he  spoke  to  Mr.  Baldwin  about  it,  he  became  very  much  excited  indeed,  and  threat 
ened  what  he  would  do  towards  Mr.  Botts  if  Mr.  Botts  should  attempt  to  use  that  against 
him.  It  was  not  until  about  two  or  three  weeks  ago  that  I  ever  heard  of  any  denial  on  the 
part  of  Mr.  Baldwin.  Mr.  Alexander  Rives  was  at  my  house  and  communicated  the  fact  to  me 
that  Mr.  Baldwin's  friends,  in  his  neighborhood,  (Charlottesville,)  were  saying  that  Mr.  Bald 
win  denied  this  conversation  between  Mr.  Lincoln  and  himself,  when  I  replied,  "I do  not  be 
lieve  it.  I  believe  that  John  Baldwin  is  too  honorable  a  man  to  make  a  denial  of  anything  so 
palpable  and  so  true,  and  which  he  knows  could  be  proved  upon  him."  But  on  hearing  this 
from  Mr.  Rives,  I  immediately  wrote  to  Mr.  Lewis,  saying  to  him,  in  substance,  "You 
know,  Lewis,  that  I  have  written  a  history  of  this  war  for  thirty  years  before  it  broke  out, 
and  that  I  have  given  this  circumstance  as  an  incident  connected  with  the  war,  as  due  to 
history  and  due  to  the  memory  of  Mr.  Lincoln,  which  I  think  will  go  to  elevate  him  in  the 
eyes  of  all  good  men  for  the  sacrifice  he  was  willing  to  make  for  the  good  of  his  country  ; 
and  you  are  the  only  person  by  whom  I  can  prove  Mr.  Baldwin's  admission;  therefore  I 
want  to  fortify  myself  with  the  proof  in  the  event  that  hereafter  Mr.  Baldwin  may  deny  it. 
You  must  write  me  a  letter  giving  me  substantially  everything  that  you  recollect  about  it.'' 
Mr.  Lewis  promised  me  to  do  it ;  but  he  has  never  done  it.  I  have  met  with  him  once  or 
twice  since,  and  have  said  to  him,  "  You  have  forgotten  to  write  me  that  letter,  and  I  must 
be  fortified  with  proof."  One  day  during  last  week  I  met  with  Mr.  Lewis  at  Willard's 
hotel,  and  in  the  course  of  our  conversation  I  said,  "Lewis,  you  have  never  written  me 


coming 

tain  me,  I  am  now  coming  here  to  sustain  Mr.  Lewis.  I  want  to  mention  further,  that  there 
was  some  other  gentleman  whom  I  met  here  during  the  winter,  whose  name  I  blame  myself 
very  much  for  forgetting,  (names  and  figures  I  never  can  recollect,  but  circumstances  and 
conversations  that  come  under  my  observation,  if  they  leave  an  impression  upon  my  mind 
at  all,  are  very  distinct,  and  are  as  fresh  in  my  memory,  I  believe,  for  forty  years  past,  as 
they  would  have  been  had  they  occurred  yesterday, )  and  who  told  me  that  Mr.  Lincoln  had 
mentioned  the  same  thing  to  him.  Within  the  last  four  weeks,  in  conversation  with  Gov 
ernor  Peirpoiut  on  this  subject,  expressing  my  surprise  at  having  it  intimated  that  Mr. 
Baldwin  denied  it,  Governor  Peirpoiut  remarked  to  me  that  Mr.  Lincoln  made  the  same 
statement  to  him.  I  may  have  confounded  the  conversation  of  Governor  Peirpoint  with  that 
of  the  gentleman  who  spoke  to  rue  at  Willard's;  but  it  was  one  or  the  other  of  them,  and  I 
think  Governor  Peirnoint,  who  said  that  Mr.  Lincoln  communicated  the  same  facts  to  him, 
with  this  addition,  that  Mr.  Baldwin  also  demanded  the  surrender  of  Fortress  Monroe;  to 
which  I  replied,  "Mr.  Lincoln  made  no  such  communication  as  that  to  me." 

Question.  There  are  two  circumstances,  then,  tending  to  corroborate  your  statement — 
that  made  by  the  gentleman  at  the  hotel,  and  that  made  by  Governor  Peirpoint.     Is  there 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  117 

any  other  circumstance  of  a  corroborative  nature  ?  Did  Mr.  Lincoln  repeat  this  conversa 
tion  to  anybody  else? 

Answer".  Not  that  I  am  aware  of.  I  have  talked  very  little  about  this  thing,  There  was 
no  occasion  for  it  during-  the  existence  of  the  rebellion.  I  always  intended— for  the  book 
which  I  have  written  was  written  in  1861 — communicating  it  in  that  history  of  the  war,  or 
the  antecedents  of  the  war,  and  there  has  been  little  opportunity  to  do  it  since.  I  have  con 
versed  with  very  few  persons  on  the  subject. 

Question.  If  there  be  any  other  circumstance  connected  with  that  particular  transaction 
going  to  corroborate  the  statement  Avhich  you  have  made,  will  you  relate  it  ? 

Answer.  I  do  not  recollect  any,  except  I  believe  that  the  fleet  did  sail  about  that  time, 
and  it  can  be  readily  ascertained  whether  Mr.  Lincoln  did  send  a  messenger  to  Governor 
Pickens  with  that  communication,  which  would  be  a  corroborating  circumstance. 

Question.  Have  you  ever  heard  of  the  existence  of  such  a  communication? 

Answer.  I  think  I  have  seen  some  mention  of  it  in  the  papers ;  but  I  do  not  recollect 
exactly  when  or  by  whom.  There  is  another  circumstance  which  is  partially  corroborative. 
In  an  interview  which  I  had  with  Mr.  Chase,  then  Secretary  of  the  Treasury,  now  Chief 
Justice  of  the  United  States,  I  made  some  allusion  to  Mr.  Lincoln's  proposition,  and  Mr. 
Chase  asked  me  what  proposition  I  alluded  to.  I  said  "his  proposition  relative  to  the 
action  of  the  Virginia  convention."  Said  he,  "I  do  not  know  what  that  is;  what  is  it?" 
To  which  I  replied,  "Well,  Mr.  Chase,  if  you  don't  know  it,  it  is  not  forme  to  communi 
cate  it."  I  had  taken  it  for  granted  that  it  had  been  mentioned  ;  but  I  suppose  that  Mr. 
Lincoln  had  forbore  to  mention  it  to  his  cabinet  until  he  ascertained  whether  it  would  be  suc 
cessful  or  not.  Another  circumstance  presents  itself  at  this  moment  to  my  mind  which  does 
serve  to  corroborate  this  statement.  Mr.  John  Lewis  was  the  colleague  in  the  convention 
of  Mr.  Algernon  S.  Gray,  and  they  occupied  the  same  room.  Mr.  Lewis  told  me  that  when 
he  mentioned  to  Mr.  Gray  the  conversation  which  had  passed  between  him  and  myself  in 
reference  to  Mr.  Lincoln's  proposition  to  Mr.  Baldwin,  Mr.  Gray  exhibited  the  most  extra 
ordinary  surprise,  that  he  sprang  out  of  bed  and  said,  "Where  in -the  world  did  you  get  that 
from?"  Mr.  Lewis  told  him  that  Mr.  Botts  had  just  returned  from  Washington,  and  had 
communicated  it  to  him  that  night,  to  which  Mr.  Gray  replied,  "I  did  not  suppose  there 
were  more  than  three  men  in  the  city  of  Richmond  who  knew  of  it."  Mr.  Gray  has 
informed  me  that  he  has  been  summoned  to  appear  before  this  committee,  and  that  would  be 
a  very  proper  subject  of  interrogation.  You  asked  me  if  I  were  certain  that  Mr.  Lincoln 
said  nothing  about  a  proclamation  calling  a  national  convention.  I  am  sure  of  it,  because 
it  was  a  proposition  which  I  had  myself  submitted  to  Mr.  Lincoln  at  an  early  day.  I  came 
here — I  do  not  recollect  the  date — during  the  agony  under  which  we  were  laboring  every 
where,  and  I  submitted  to  Mr.  Bates,  the  Attorney  General,  with  whom  I  was  very  intimate, 
a  proposition  which  he  requested  me  to  submit  at  once  to  Mr.  Seward.  I  submitted  it  to 
Mr.  Seward,  and  Mr.  Seward  requested  me  at  once  to  lay  it  before  the  President,  and  he 
gave  me  a  note  to  the  President,  saying  that  I  had  a  most  important  suggestion  to  make  to 
him.  I  went  at  once  to  Mr.  Lincoln,  and  I  made  the  suggestion.  It  was  this :  that  he 
should  issue  his  proclamation  calling  a  national  convention  so  to  amend  the  Constitution  as 
to  give  to  the  cotton  States  that  had  already  seceded  leave  to  go  out,  and  thereby  to  save  the 
question  of  the  right  of  secession ;  the  object  of  which  was,  as  I  explained  to  Mr.  Lincoln, 
to  make  this  a  foreign  and  not  a  civil  war,  to  save  Virginia,  and  the  other  border  States 
wrhich  would  be  influenced  by  her  action,  to  the  Union,  and  that  if  they  did  not  come  to 
their  senses  and  ask  for  readmission  within  a  certain  limited  time,  it  would  be  a  capital  occa 
sion  to  apply  the  principle  of  the  Monroe  doctrine  or  the  doctrine  of  the  Ostend  manifesto 
to  them,  to  give  them  a  little  of  their  own  physic,  to  conquer  them  and  hold  them  as  con 
quered  provinces  until  they  were  fit  to  come  in  again  as  States.  This  I  afterwards  sub 
mitted  in  a  correspondence  to  Mr.  Bates.  Therefore,  if  Mr.  Lincoln  had  said  anything 
about  the  proclamation,  it  would  have  been  so  -entirely  in  accordance  with  the  proposition 
submitted  by  me  to  him  that  I  could  not  have  forgotten  it.  When  I  mentioned  the 
matter  to  Mr.  Lincoln  he  said  that  it  was  a  proposition  worthy  of  the  highest  consideration, 
and  that  it  should  have  his  attention. 

[The  testimony  of  John  B.  Baldwin,  hitherto  taken  before  this  committee,  in  reference  to 
his  interview  with  President  Lincoln,  was  here  read  to  the  witness.] 

Question.  Do  you  wish  to  say  anything  in  reference  to  the  statement  of  Mr.  Baldwin? 

Answer.  I  cannot  undertake  to  account  for  the  discrepancy  between  Mr.  Baldwin's  recol 
lection  and  Mr.  Lincoln's,  or  between  Mr.  Baldwin's  recollection  and  that  of  Mr.  Lewis 
and  myself;  nor  will  I  undertake  to  express  an  opinion  on  the  question  of  veracity  which 
would  be  raised  between  Mr.  Lincoln's  statement  and  Mr.  Baldwin's  admission,  about 
which  I  do  not  think  it  is  possible  that  either  Mr.  Lewis  or  myself  can  be  mistaken.  I  have 
had  so  little  disposition  to  do  Mr.  Baldwin  an  injury  by  making  a  public  statement  of  this 
terrible  responsibility,  which  I  have  always  felt  rested  on  his  shoulders,  that  in  the  historical 
account  I  have  given  of  it  I  had  left  the  name  of  Mr.  Baldwin  in  blank,  and  should  not  have 
given  the  name,  as  it  was  not  material  to  the  truth  of  history  that  the  name  should  be  given, 
until  I  heard  that  Mr.  Baldwin  had  denied  it,  and  then  I  determined  to  give  Mr.  Baldwin  the 
benefit  of  a  public  denial  by  inserting  his  name,  which  I  have  doue, 

Question.  You  then  resided  in  Richmond  ? 


118  RECONSTRUCTION. 

Answer.  Yes,  sir. 

Question.  You  were  personally  known,  perhaps,  to  every  member  of  the  convention ;  they 
w  ere  your  acquaintances,  were  they  not  ? 

Answer.  I  was  living-  in  Richmond,  and  I  suppose  that,  either  personally  or  politically,  I 
was  known  to  every  member  of  the  body,  although  1  think  that  tbere  were  perhaps  some 
members  in  the  convention  with  whom  I  had  formed  no  particular  personal  acquaintance, 
but  my  acquaintance  with  both  parties  was  very  general. 

Question.  If  Mr.  Baldwin  had  returned  to  Richmond,  arid,  as  he  remarks  in  his  testimony, 
had  reported  the  interview  which  he  had  with  President  Lincoln  to  many  persons,  members 
of  the  convention,  is  it  not  likely  you  would  Have  known  of  that  report  ? 

Answer.  If  he  had  reported  it  as  Mr.  Lincoln  had  reported  it  to  me,  I  unquestionably 
should  have  known  it ;  and  I  think  there  is  no  doubt  whatever  that  if  it  had  been  mentioned 
to  those  gentlemen  with  whom  I  had  communication,  the  Union  men  of  the  convention,  it  is 
scarcely  possible  it  would  have  been  withheld  from  me.  But  Mr.  Gray's  declaration,  who 
was  on  terms  of  as  close  intimacy  with  Mr.  Baldwin  as  any  gentleman  in  the  convention, 
shows,  I  think,  that  it  could  not  have  been  mentioned,  as  Mr.  Gray  expressed  the  supposition 
that  it  had  not  been  known  to  more  than  three  persons  in  the  city  of  Richmond. 

Question.  And  if  the  report  of  that  interview  of  Mr.  Baldwin  with  President  Lincoln  had 
been  made,  as  he  has  given  it  here  in  his  testimony,  would  you  not  have  been  just  as  likely 
to  have  known  it? 

Answer.  I  think  that  in  the  event  of  any  communication  of  that  kind  being  made  to  the 
Union  men  I  was  obliged  to  have  heard  it,  because  they  came  to  my  house  every  night  to 
consult  and  confer  together  as  to  the  condition  of  things  in  the  convention,  and  as  to  the 
course  to  be  pursued  in  reference  to  the  various  questions  constantly  arising.  It  is  hardly 
possible  to  suppose  that  some  one  or  more  of  them  would  not  have  mentioned  the  interview. 
But  I  never  have  heard  any  member  of  that  convention  speak  of  the  interview,  except  Mr. 
Lewis,  Mr.  Gray,  and  Mr.  Baldwin  himself,  that  I  recollect. 

Question.  Can  you  fix  the  date  on  which  you  first  heard  of  Mr.  Baldwin  having  had  an 
interview  with  President  Lincoln  ? 

Answer.  Most  distinctly ;  it  was  on  Sunday  night,  the  7th  of  April,  1861. 

Question.  Then  you  first  heard  of  it  ? 

Answer.  Then  I  first  heard  of  it. 

Question.  From  Mr.  Lincoln  ? 

Answer.  Yes. 

Question.  You  had  not  heard  of  it  before  ? 

Answer  I  had  not  heard  of  it  before.  I  knew  that  Mr.  Baldwin  was  here  to  see  Mr. 
Lincoln,  but  under  what  circumstances  and  for  what  purpose  I  did  not  know. 

Question.  You  heard  it  on  the  7th  ? 

Answer.  Yes 

Question.  Mr.  Baldwin  testified  that  the  interview  took  place  on  the  4th  of  April ;  where 
were  you  on  the  5th  and  6th  ? 

Answer.  I  reached  the  city  of  Washington  on  the  morning  of  the  5th  or  the  evening  of  the 
5th,  I  cannot  recollect  which ;  but  my  impression  is  that  I  left  home  on  the  night  of  the  4th, 
and  reached  here  on  the  morning  of  the  5th. 

Question.  Suppose  that  proposition  had  been  made  fairly  and  openly  to  the  Unionists  of 
the  Virginia  convention,  what  effect  would  it  have  had — I  mean  Mr.  Lincoln's  proposition  as 
stated  to  you  ? 

Answer.  I  have  no  hesitation  in  saying  that  it  would  have  met  with,  in  my  opinion,  the 
very  general  concurrence  of  the  Union  men,  with  whom  I  was  in  constant  association ;  and 
that  the  democratic  members  themselves,  not  knowing  the  cause  of  the  movement  to  adjourn, 
would  all  have  voted  for  an  adjournment,  for  the  very  reason  that  they  had  just  been  beaten 
so  very  badly  on  the  resolution  touching  the  right  of  secession  that  they  'were  themselves 
anxious  for  an  adjournment,  having  despaired  of  being  able  to  carry  an  ordinance  of  seces 
sion  through  the  convention. 

Question.  Do  you  apprehend  that  the  adjournment  of  that  convention  would  have  pre 
vented  the  State  of  Virginia  from  going  out  of  the  Union  and  joining'  the  southern  con 
federacy  ? 

Answer.  Most  unquestionably.  I  have  no  idea  that  a  majority,  or  anything  approximating 
a  majority,  of  the  people  of  Virginia,  were,  at  the  time  of  the  passage  of  the  ordinance  of 
secession  in  convention,  in  favor  of  it. 

Question.  Suppose  that  proposition  had  been  made,  and  suppose  the  convention  had  ad 
journed  sine  die,  do  you  think  that  the  calling  of  a  national  convention  by  the  President 
would  have  prevented  war  ? 

Answer.  1  do,  sir.  I  do  not  know  that  it  would  have  prevented  it  ultimately  between  the 
United  States  and  the  States  which  had  already  seceded;  but  I  think  it  would  have  pre 
vented  Virginia  from  going  6ut,  iind  I  think  that  the  action  of  North  Carolina,  Tennessee, 
Kentucky,  Arkansas,  and  Missouri  all  depended  in  a  very  material  degree  on  the  action  of 
Virginia. 

Question.  If  this  whole  proposition  had  been  communicated  to  the  Unionists  of  the  Vir- 


VIRGINIA — NORTH.    CAROLINA — SOUTH   CAROLINA.  119 

ginia  convention,  together  with  a  call  for  a  national  convention,  would  that  have  prevented 
the  breaking  out  of  civil  war? 

Answer.  I  think  it  would,  for  the  reason  that,  although  the  democracy,  which  never  meant 
to  be  satisfied  with  anything  but  war,  despairing  of  being  able  to  carry  the  ordinance,  would 
have  voted  for  the  adjournment ;  whilst  the  Union  men,  who  wanted  peace,  would  also  have 
voted  for  an  adjournment. 

Question.  You  are  well  acquainted  with  Mr.  Baldwin  ? 

Answer.  I  never  had  any  personal  intimacy  with  Mr.  Baldwin.  I  have  known  him  for  a 
number  of  years,  but  we  have  had  no  particular  personal  intimacy. 

Question.  How  did  he  vote  in  the  convention  upon  the  final  question  of  secession? 

Answer.  On  the  first  vote  on  the  ordinance  of  secession  he  voted  against  it. 

Question.  State  what  his  general  course  was  ? 

Answer.  Mr.  Baldwin  voted  against  the  ordinance  of  secession  on  the  17th  of  April,  1861. 
Within  some  two  or  three  days  after  the  passage  of  the  ordinance,  and  before  the  ordinance 
had  been  submitted  to  the  people,  (who  had  reserved  to  themselves  the  right  to  pass  upon 
any  ordinance  of  the  convention  touching  the  organic  law  of  the  land,  by  a  vote  of  56,OuO 
majority,)  which  did  not  take  place  till  some  five  weeks  afterwards,  Mr.  Baldwin,  as  I  al 
ways  understood,  accepted  a  military  commission  in  the  service  of  the  confederate  govern 
ment,  which  he  retained  till  the  close  of  the  war.  He  subsequently  signed  his  name  to  the 
ordinance  of  secession,  which  was  characterized  at  that  day  as  a  second  declaration  of  inde 
pendence,  and  which  I  had  always  characterized  as  a  declaration  of  war  against  the  United 
States.  He  also,  I  believe,  voted  for  the  ordinance  when  it  was  submitted  to  the  people,  and 
he  was  then  elected  to  the  confederate  congress,  and  was,  as  I  learned,  by  a  special  act  of  the 
confederate  congress,  permitted  to  occupy  that  seat  without  surrendering  his  military  com 
mission. 

Question.  Did  he  serve  in  the  congress  during  the  war  ? 

Answer.  Throughout  the  war,  from  that  time  until  the  close  of  it.  I  think  he  was  elected 
in  1861  a  member  of  congress,  and  occupied  that  position  until  the  end  of  the  war. 

Question.  What  post  did  he  occupy  on  committees  in  congress  ? 

Answer.  I  did  not  pay  sufficient  attention  to  the  matter  to  know. 

Question.  Do  you  know  what  his  general  course  was  as  a  member  of  that  congress  ? 

Answer.  As  far  as  I  saw  or  heard  anything  about  it,  I  always  considered  him  as  being  as 
ultra  in  his  hostility  to  a  restoration  of  peace  without  its  being  accompanied  by  a  recogni 
tion  of  the  independence  of  the  southern  States,  as  any  gentleman  in  the  body. 

Question.  Such  was  his  reputation  ? 

Answer.  That  was  the  position  he  occupied,  so  far  as  I  could  draw  an  inference  from  the 
proceedings  in  congress  when  I  saw  them;  and  I  think  it  Avas  his  general  reputation  among 
the  loyal  and  disloyal  men  in  Virginia.  At  the  time  of  the  passage  of  the  ordinance  of  seces 
sion  by  the  convention,  I  thought  a  large  majority  of  the  people  were  utterly  opposed  to  seces 
sion,  while  it  was  voted  for  five  weeks  afterwards.  If  you  would  like  to  know  the  reason  of 
the  change  in  public  sentiment  between  the  passage  of  the  ordinance  by  the  convention  and 
its  being  submitted  to  the  people,  I  will  state  it. 

Mr.  HOWARD.  Certainly,  sir,  proceed. 

WITNESS.  Notwithstanding  the  people  had  decided,  by  a  majority  of  56,000,  to  make  this 
a  convention  of  limited  powers,  over  which  they  reserved  a  revisory  power,  the  authorities — 
whether  by  direction  of  the  convention  or  the  State  authorities  I  am  not  informed — proceeded 
next  day  after  the  passage  of  the  ordinance  by  the  convention  to  involve  the  State  of  Virginia 
in  actual  and  active  war  with  the  United  States  by  seizing  Harper's  Ferry,  the  post  office 
and  custom-house  in  Richmond,  the  custom-house  and  post  office  in  Norfolk  and  Portsmouth, 
the  Gosport  navy  yard  and  all  the  material  of  war  therein  contained,  and  by  sinking  vessels 
in  the  channel  of  Elizabeth  river  to  prevent  the  escape  of  United  States  vessels  then  lying  at 
or  near  Gosport  navy  yard,  and  thereby  securing  them  to  their  own  purposes,  and  then  by  in 
troducing  a  large  number  of  troops  from  other  southern  States  and  making  a  general  camping 
ground  throughout  Eastern  Virginia.  They  then  very  quietly  turned  to  the  people,  when 
they  had  to  vote  on  the  ordinance,  and  said:  "Now  we  are  involved  in  war,  and  the  rejection 
of  the  ordinance  will  not  stop  the  war ;  so  you  can  vote  for  the  ordinance  of  secession  or 
against  it,  as  you  like.  But,  in  the  language  of  the  Emperor  Napoleon's  friends,  we  advise" 
you  to  vote  for  the  Emperor."  You  know  that  expression  was  made  use  of  when  Louis 
Napoleon  was  voted  an  imperial  diadem.  The  people  found  that  it  would  be  utterly  useless, 
and  at  the  same  time  extremely  dangerous  for  them  to  exercise  the  privilege  of  freemen ;  and 
there  was  a  general  and  almost  universal  acquiescence  in  what  they  could  not  prevent. 

Question.  Was  the  final  vote  of  the  people  on  the  ordinance  as  large  as  usual  ? 

Answer.  I  never  saw  the  vote,  and  I  have  often  inquired  why  the  vote  was  not  published. 
If  it  ever  was  published  I  have  not  seen  it. 

Question.  Where  are  the  returns  kept? 

Answer.  Among  the  select  few,  I  suppose. 

Question.  They  never  have  been  published  ? 

Answer.  I  do  not  say  that.  I  have  never  seen  the  vote,  nor  have  I  seen  anybody  who 
has  seen  it.  I  have  no  doubt  that  a  large  majority  of  those  who  did  vote  voted  for  the  ordi 
nance  ;  but  whether  that  vote  constituted  a  majority  of  the  legal  voters  of  the  State  of  Vir- 


120  RECONSTRUCTION. 

ginia  I  have  never  had  any  means  of  ascertaining.  I  know  that  the  vote  against  it  was 
very  small,  because  in  the  city  of  Richmond,  which  had  given  me  some  seventeen  or 
eighteen  hundred  votes  against  my  competitor,  and  could  therefore,  I  suppose,  have  given 
some  fifteen  or  sixteen  hundred  votes  against  the  ordinance  of  secession,  actually  gave  only 
two  votes  against  it.  To  illustrate  the  farce  and  mockery  of  the  vote  taken  at  that  time,  I 
will  mention  that  there  were  assembled  at  that  time  a  large  body  of  troops  at  and  around 
Norfolk,  among  them  a  regiment  then  commanded  by  Colonel  Roger  A.  Pryor.  This  regi 
ment  was  composed  principally,  if  not  entirely,  of  Union  men,  and  when  it  was  found  they 
were  voting  against  the  ordinance,  they  were  disbanded  and  not  allowed  to  vote.  This  was 
the  statement  frequently  made,  and  I  have  never  heard  contradicted,  and  I  believe  it  to  be 
true. 

Question.  What  is  the  present  feeling  of  the  ex-rebels  in  Virginia  generally  towards  the 
government  of  the  United  States? 

Answer.  At  the  time  of  the  surrender  of  General  Lee's  army  and  the  restoration  of  peace  I 
think  there  was,  not  only  a  general,  but  an  almost  universal,  acquiescence  and  congratulation 
among  the  people  that  the  war  had  terminated,  and  a  large  majority  of  them  were  at  least 
contented,  if  not  gratified,  that  it  had  terminated  by  a  restoration  of  the  State  to  the  Union. 
At  that  time  the  leadtrs,  too,  seemed  to  have  been  entirely  subdued.  They  had  become 
satisfied  that  Mr.  Lincoln  was  a  noble,  kind-hearted,  generous  man,  from  whom  they  had 
little  to  fear ;  but  when  he  was  assassinated,  and  Mr.  Johnson  took  his  place,  they  remem 
bered  Mr.  Johnson's  declarations  in  the  Senate  of  the  United  States  before  the  war,  his  own 
treatment  during  the  war  by  the  secession  party,  and  his  declarations  after  he  came  to  Wash- 
ton  as  the  Vice-President  of  the  United  States,  in  one  or  more  speeches,  but  especially  in  a 
speech  in  which  he  declared  that  treason  was  a  crime  which  must  be  punished.  They  felt 
exceedingly  apprehensive  for  the  security  of  their  property,  as  well  as  for  the  security  of 
their  lives ;  and  a  more  humble,  unpretending  set  of  gentlemen  I  never  saw  than  they  were 
at  that  time.  But  from  the  time  that  Mr.  Johnson  commenced  his  indiscriminate  system  of 
pardoning  all  who  made  application,  and  from  impositions  which,  I  have  no  doubt,  were 
practiced  upon  Mr.  Johnson  in  pardoning  the  worst  class  of  secessionists  among  the  first, 
they  became  bold,  insolent,  and  defiant ;  arid  this  was  increased  to  a  very  large  extent  by 
the  permission  which  was,  immediately  after  the  evacuation  of  Richmond,  given  by  General 
Patrick,  the  democratic  copperhead  provost  marshal  of  the  army  of  the  Potomac,  to  the 
original  conductors  of  the  public  press  before  the  rebellion  to  re-establish  their  papers,  I  be 
lieve,  without  restriction  or  limitation,  upon  any  of  the  proprietors  ;  since  which  time,  I 
think,  the  spirit  of  disloyalty  and  disaffection  has  gone  on  increasing  day  by  day,  and  hour 
by  hour,  until  among  the  leaders  generally  there  is  as  much  disaffection  and  disloyalty  as 
there  was  at  any  time  during  the  war,  and  a  hundred-fold  more  than  there  was  immediately 
after  the  evacuation  and  the  surrender  of  the  army.  This  is  the  conclusion  to  which  my 
mind  has  been  brought  by  the  licentiousness  of  the  press,  and  by  communications  which  are 
made  to  me  from  all  parts  of  the  State,  either  verbally  or  by  letter,  from  the  most  prominent 
and  reliable  Union  sources.  If  I  were  to  judge  from  anything  I  have  ever  heard  personally 
from  these  gentlemen,  I  should  not  think  there  was  any  very  great  difference  between  their 
loyalty  and  yours  or  mine;  but  I  hear  of  it  elsewhere,  and  I  see  evidence  of  it  daily,  not  only 
in  the  public  press,  but  in  the  proceedings  of  the  so-called  legislature  of  the  State.  It  is  no 
more  a  body  of  legislature  than  we  compose  one  here  now.  I  believe  if  the  leaders  and  the 
public  press  could  be  restrained  in  their  expressions  and  inculcations  of  disloyalty,  with  the 
masses  of  the  people  we  should  have  no  trouble  whatever.  As  indicative  of  the  character  of 
the  letters  I  often  receive,  I  give  you  the  following  extract  of  a  letter  from  a  prominent  Union 
man  of  the  State,  received  last  night : 

"As  an  individual,  and  I  think  not  a  very  timid  one,  I  have  no  hopes  of  future  loyalty 
unless  the  President  and  Congress  can  relieve  the  masses  of  the  political  incubus  now  w'eigh- 
ing  them  to  the  ground.  Hour  after  hour  the  democracy  here  are  becoming  more  bold,  more 
intolerant,  more  prescriptive.  Was  the  war  in  all  its  horrid  consequences  designed  to 
establish  a  democratic  oligarchy  here  in  the  south  and  eventually  turn  over  the  general 
government  with  all  its  patronage  and  power  to  this  pack  of  bloodhounds?  Or  was  it  de 
signed  to  preserve  the  Union,  maintain  liberty,  and  wipe  out  forever  all  sectional  parties?  If 
for  the  former,  then  the  prevailing  policy  will  soon  effect  it;  and  when  it  does,  I  pray  that  God 
will  cause  a  universal  earthquake  and  blot  out  that  portion  of  his  footstool  comprised  within 
the  United  States.  Under  democratic  rule  again,  hell  would  be  a  garden  of  Eden  com 
pared  to  the  southern  States,  and  I  should  assuredly  select  it  as  a  permanent  place  of  abode 
if  forced  to  choose  between  the  two." 

In  this  latter  conclusion  I  think  I  should  rather  dissent  from  my  friend.  Bad  as  democratic 
rule  is,  I  would  rather  bear  the  ills  we  have  than  fly  to  others  that  we  know  not  of.  But  it 
is  bad  enough  in  all  conscience;  and  from  the  tone  of  that  and  other  letters,  of  a  similar 
character  to  a  great  extent,  received  from  different  parts  of  the  State,  and  conversations  which 
I  have  had  with  gentlemen  from  every  portion  of  the  State,  whose  opinions  are  reliable  and 
trustworthy,  there  must  be,  I  conclude,  a  very  intolerable  state  of  things  existing. 

Question.  Have  you  any  reason  to  believe  that  there  are  in  existence  now,  among  the 
leaders  of  the  late  rebellion,  any  schemes,  secret  or  open,  for  renewing  the  war  or  agaiu 
asserting  the  principle  of  secession  ? 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  121 

Answer.  I  have  no  idea  that  there  is  any  purpose  of  renewing  the  war,  without  money, 
without  arms,  without  men,  and  without  materials  of  war;  but  that  there  are  many  political 
leaders  who,  in  the  event  of  a  war  with  any  foreign  power,  would  throw  every  obstacle  and 
every  impediment  in  the  way  of  the  success  of  the  United  States,  if  they  did  not  join  that 
foreign  power  outright,  I  can  entertain  no  doubt,  from  all  the  representations  which  have 
been  made  to  me  by  those  who  have  heard  such  opinions  expressed,  although  I  have  heard 
no  such  opinion  expressed  in  my  presence. 

Question.  In  the  event  of  a  war  between  the  United  States  and  any  foreign  power,  such  as 
France  or  England,  and  under  circumstances  which  would  seem  to  hold  out  a  fair  hope  of 
success  on  the  part  of  the  rebels,  would  you  anticipate  that  many  of  them  would  join  the  army 
of  the  enemy  against  the  United  States  ? 

Answer.  I  have  no  reason  to  suppose  that  the  enemy  would  be  joined  by  any  except  some 
of  the  more  reckless  and  mortified,  chagrined  political  leaders,  and  who  claim  that  their 
vocation  exempts  them  from  participating  in  the  fight,  and  who  would  always  be  able  to  carry 
with  them  a  portion  of  the  masses  who  have  been  for  so  many  years  under  their  influence,  if 
not  under  their  absolute  control ;  but  among  the  officers  of  the  late  rebel  army,  and  among 
the  masses  of  the  people,  who  do  the  fighting  as  a  general  thing,  I  have  no  reason  to  believe 
that  any  such  feeling  exists.  I  believe  that  the  most  constant  and  earnest  pi'ayer  of  many  of 
these  political  leaders  is  that  the  United  States  shall  be  involved  in  a  foreign  war;  and  they 
hope  for  it  from  some  indiscretion  on  the  part  of  the  civil  authorities  in  Washington,  or  from 
some  inadvertent  step  that  may  be  taken  by  the  military  authorities  on  the  Rio  Grande. 

Question.  You  would  regard  the  southern  States  in  their  present  condition  and  with  their 
present  feeling  towards  the  United  States  as  a  source  of  weakness  to  the  government,  and  not 
of  strength,  in  the  event  of  a  foreign  war  ? 

Answer.  I  should  consider  those  who  manage  the  affairs  of  state,  generally,  as  very  unsafe 
custodians  of  the  public  liberty  or  the  public  interests,  and  that  you  would  be  a  great  deal 
better  off  if  they,  were  in  France  instead  of  in  this  country. 

Question.  You  are  acquainted  with  the  proposed  amendment  of  the  Constitution  now  pending 
in  the  Senate  of  the  United  States  ? 

Answer.  I  understand  it. 

Question.  What  is  your  opinion  about  any  of  the  southern  States  ever  adopting  that 
amendment  by  their  legislature  ? 

Answer.  I  have  no  idea  that  any  one  of  them  would  in  the  present  temper  of  the  public 
mind. 

Question.  Is  it  probable  that  they  would  during  future  ages  ? 

Answer.  Oh,  yes;  1  think  that  the  fact  of  the  slaves  being  emancipated  will  lead  to  their 
ultimate  education  and  improvement  and  fit  them  for  the  exercise  of  qualified  suffrage  in  the 
course  of  years,  and  that  then  the  States  would  be  very  glad  to  avail  themselves  of  the  in 
creased  representation  which  could  be  based  on  that  population,  but  not  uo\v. 

Question.  Is  it  practicable  in  Virginia,  either  by  act  of  legislation  or  by  an  amendment  of 
her  constitution,  to  restrict  the  right  of  suffrage  in  the  case  of  white  persons ;  for  instance,  to 
introduce  a  property  qualification  or  an  intelligence  qualification  ? 

Answer.  I  think  there  is  a  very  general  desire  to  do  it,  and  for  the  reason  that  I  think 
that  class  of  voters  which  would  be  excluded  constitutes  by  far  the  most  loyal  portion  of  the 
State — the  men  who  have  seen  service  and  have  had  enough  of  war. 

Question.  Would  those  who  might  be  excluded  vote  for  it  ? 

Answer.  No :  but  the  leaders  would  adopt  a  constitution  without  submitting  it  to  the  people 
in  order  to  get  rid  of  them. 

Question.  How  would  it  be  in  regard  to  numbers;  would  they  have  numbers  enough  to 
adopt  such  a  restriction  ? 

Answer.  Of  course  a  very  large  majority  of  the  people  have  been  involved  in  the  rebellion. 

Question.  Is  there  any  contemplated  purpose  to  hold  a  convention  in  Virginia? 

Answer.  I  have  been  informed  by  many  persons,  embracing  members  of  the  present  so- 
called  legislature  of  Virginia,  that  if  was  the  purpose  of  some  leaders  of  that  body,  before 
they  adjourned,  to  call  a  convention  which  would,  under  regulations  to  be  adopte'd  by  the 
legislature,  insure  an  overwhelming  majority  of  those  persons  who  sympathized  with  or 
participated  in  the  war,  Avhich  would  lead  to  the  most  violent  proscription  that  they  dared  to 
practice  toward  all  Union  and  loyal  men  who  had  not  participated  in  the  war,  as  has  been 
exhibited  by  the  action  of  that  body  now  in  session,  in  removing  from  office  every  loyal  man 
whom  they  could  reach,  and  putting  in  their  places  men  who  had  no  other  recommendation 
than  their  sympathy  for,  or  participation  in,  the  rebellion.  Their  purpose  is  supposed  to  be, 
if  he  has  not  more  wisdom  than  to  lend  his  assent  to  it,  to  place  General  Robert  E.  Lee,  who 
was  at  the  head  of  the  rebellion,  in  the  gubernatorial  chair.  This  was  indicated  by  an  ex 
pression  of  Mr.  John  B.  Baldwin,  of  whom  we  have  been  speaking,  and  who  is  now  speaker 
of  the  house  of  delegates,  when  he  descended  from  his  chair  a  shor?  time  back,  on  the  election 
of  a  subordinate  officer,  and  declared  that  he  hoped  the  day  was  near  at  hand  when  General 
Robert  E.  Lee  would  fill  that  position ;  which,  the  papers  stated,  was  received  with  great 
applause,  both  in  the  galleries  and  on  the  floor. 

Question.  How  are  Unionists  treated  generally  in  the  State,  whether  native  Unionists  or 
parties  from  other  States  which  have  come  there? 


122  RECONSTRUCTION. 

Answer.  During  the  war  they  were  treated  generally  with  great  unkindness  by  the  govern 
ment,  and  there  were  a  great  many  political  prisoners  kept  in  the  same  prison  house,  or  negro 
jail,  with  me;  they  were  treated  very  harshly  and  unkindly,  Since  the  rebellion,  I  have 
known  of  no  instance  of  actual  violence  having  been  resorted  to  on  the  part  of  any  portion 
of  our  people  towards  any  Union  man,  whether  of  northern  or  southern  birth;  but  there  is  a 
social  ban  put  upon  them  ;  there  is  scarcely  a  recognition  of  acquaintanceship,  to^say  nothing 
of  friendly  feeling,  on  the  part  of  secessionists  and  their  families  towards  the  Union  people 
in  the  cities.  And  when  the  officers  now  stationed  at  Richmond,  under  command  of  General 
Terry,  have, on  several  occasions,  given  social  parties,  or  "hops"  as  they  are  called,  with 
the  hope  and  for  the  purpose  of  introducing  a  better  state  of  feeling  among  these  two  classes 
of  people,  the  parties  were  not  only  not  attended  by  the  ladies  of  Richmond  generally,  but 
even  those  of  Union  families  seemed  to  be  apprehensive  of  presenting  themselves  at  such 
places,  because  of  the  effect  it  would  produce  on  their  social  position,  and  because  it  was  the 
custom  of  a  part  of  the  press  of  the  city  to  attach  ridicule  and  discredit  to  every  lady  who 
attended  these  parties,  and  who  were  mentioned  by  name.  There  is  a  good  deal  more  of  this 
feeling  in  the  cities  than  in  the  country.  In  my  immediate  neighborhood  there  is  not  a  great 
deal  of  it. 

Question.  How  much  chance  does  a  Union  man  stand  in  your  State  courts  to  obtain 
justice  ? 

Answer.  Well,  sir,  I  have  no  reason,  from  anything  that  has  yet  transpired  there,  to  think 
that  the  courts  would  not  do  justice  to  a  Union  man.  I  think  it  would  create  a  decidedly 
unfavorable  effect  upon  the  standing  and  character  of  any  magistrate  upon  the  bench  who 
would  be  supposed  to  be  influenced  by  such  a  consideration. 

Question.  How  would  it  be  with  the  juries  ? 

Answer.  Well,  sir,  I  have  nothing  to  do  with  the  courts,  and  cannot  speak  with  any  cer 
tainty  on  that  subject  further  than  this :  I  received  a  letter  from  a  gentleman  a  short  time 
since,  who  was  not  personally  known  to  me,  but  who  represented  himself  to  T>e  a  native 
Virginian,  a  refugee  during  the  war,  and  to  be  now  connected  with  the  Freedmen's  Bureau 
in  Stauriton,  saying  that  they  had  gotten  up  a  memorial  in  Augusta  county,  which  had  been 
signed  by  some  five  hundred  of  the  most  respectable  people  of  the  county,  asking  that  Con 
gress  should  require  that,  in  all  cases  coming  before  the  courts  in  which  Union  men  were 
concerned,  they  should  be  transferred  to  a  military  court,  for  the  reason  that  a  Union  man 
could  not  obtain  justice  in  the  State  courts,  and  asking  me  whether,  if  that  memorial  was  sent 
to  me,  I  would  indorse  it ;  to  which  I  replied  that  I  could  not  promise  my  indorsement  to  a 
paper  which  I  had  not  seen,  and  without  knowing  the  character  of  the  "persons  who  had 
signed  the  memorial;  but  that,  if  he  thought  proper  to  send  his  memorial  to  me,  I  would 
give  it  the  proper  direction,  and  let  the  parties  to  whom  it  was  sent  make  those  inquiries  for 
themselves. 

Question.  What  is  the  political  character  of  the  present  legislature  of  Virginia  ? 

Answer.  My  opinion  is,  from  observations  made  during  my  recent  visit  to  Richmond,  that 
that  body  is  composed  of  a  majority  of  respectable,  orderly,  intelligent  farmers,  and  others 
who  have  not  heretofore  had  any  experience  in  legislation,  who  are  wholly  unaccustomed  to 
meeting  in  debate  with  practiced  politicians  and  lawyers  of  reputation,  and  that,  although 
they  constitute,  if  they  had  any  organization  among  themselves,  a  majority  of  conservative 
men,  yet  from  the  want  of  that  organization,  and  from  the  want  of  a  leader,  they  suffer  them 
selves  to  be  carried  away  on  every  question  of  party  interest  by  a  few  leading  and  designing 
politicians  on  the  other  side.  I  found  gentlemen,  when  I  went  there,  sitting  side  by^side, 
day  by  day,  who  knew  nothing  of  the  political  sentiments  of  each  other.  I  think  that  if  the 
people  at  the  elections  in  October  last  meant  any  one  thing  more  particularly  than  another, 
it  was  that  they  were  tired  of  the  misrule  to  which  they  had  been  so  long  subjected,  and  for 
which  they  had  paid  so  dearly  by  the  results  of  the  war,  and  were  determined,  so  far  as  their 
action  was  concerned,  to  place  the  control  of  the  government  in  safer  and  better  hands,  but 
that  their  views  and  desires  had  been  entirely  frustrated,  from  the  causes  I  have  already 
mentioned. 

Question.  What  is  the  general  feeling  of  the  white  people  of  Virginia  in  regard  to  the  edu 
cation  of  the  blacks  ? 

Answer.  I  think  that  the  more  intelligent  classes  of  the  people  would  be  very  glad  to  see 
information  and  education  diffused  among  the  blacks,  as  being  calculated  not  only  to  beiient 
their  own  condition,  but  to  make  them  better  citizens  among  themselves. 

Question.  Would  they  consent  to  contribute  of  their  own  means  to  educate  the  blacks? 

Answer.  There  are  a  great  many  who  would,  and  a  great  many  who  would  not.  I  think, 
as  a  general  thing,  however,  that  it  would  be  a  difficult  matter  to  get  up  a  very  large  sub 
scription  for  that  purpose. 

Question.  I  mean  in  the  form  of  legislation  and  taxation. 

Answer.  That  comes  in  a  different  shape,  and  men  do  not  feel  it  so  sensibly  as  when  it 
comes  directly  out  of  their  pockets. 

Question.  Do  they  generally  feel  kindly  towards  the  freedmen,  and  willing  to  allow  mm 
the  privileges  of  his  industry  ? 

Answer.  I  think  that  among  the  educated,  well-informed,  and  better  classes  of  the  people 
there  is  a  disposition  to  do  them  justice.  But  there  are  other  classes  with  whom,  as  u  mat- 


VIRGINIA — NORTH   CAROLINA SOUTH    CAROLINA.  123 

ter  of  course,  there  are  very  strong  prejudices  existing,  which  time  alone  can  probably  cure, 
and  which  may  be  increased  or  diminished  according  to  circumstances.  I  think  that  one  of 
the  great  difficulties  in  Virginia,  in  regard  to  the  colored  people,  arises  from  the  organization 
of  the  Freedmeu's  Bureau — not  that  the  Freedmen's  Bureau  is  not  in  itself  a  proper,  and 
perhaps  in  some  localities  an  indispensable  institution,  but  that  it  stands  very  greatly  in  need 
of  reformation. 

Question.  In  its  administration  ? 

Answer.  In  its  administration,  and  in  its  officers.  I  have  heard  of  a  great  many  difficult 
ies  and  outrages  which  have  proceeded  in  some  instances,  if  the  truth  has  been  represented 
to  me,  from  the  ignorance  and  fanaticism  of  persons  connected  with  the  Freedmen's  Bureau, 
who  do  not  understand  anything  of  the  true  relation  of  the  original  master  to  the  slave,  and 
who  have,  in  many  instances,  held  out  promises  and  inducements  which  can  never  be  real 
ized  to  the  negroes,  which  have  made  them  entirely  indifferent  to  work,  and  sometimes  ill- 
behaved.  On  the  other  hand,  there  are  many  of  the  persons  connected  with  the  Freedmen's 
Bureau  who  have  conducted  themselves  with  great  propriety  ;  and  where  that  has  been  so^' 
there  has  been  no  difficulty  between  the  whites  and  blacks  that  I  know  of. 

Question.  Do  you  think  that  the  liberality  of  President  Johnson,  in  granting  pardons  and 
amnesties,  and  using  other  measures,  which  appertain  to  him  personally,  towards  the  rebel 
community,  has  had  a  greater  tendency  to  restore  peace  and  harmony  there,  than  the  con 
trary  ? 

Answer.  Very  far  from  it.  I  think  that  if  Mr.  Johnson  had  held  his  pardons  up  until  the 
State  was  reorganized  and  placed  in  the  hands  of  the  loyal  men  of  the  State,  there  would 
have  been  no  difficulty;  but  they  have  seemed  to  think,  when  they  got  the  pardons,  that 
they  not  only  had  the  penalties  of  death  and  confiscation  of  property  remitted  to  them,  but 
that  they  were  resjtored  to  all  their  political  rights,  State  constitution  and  congressional  en 
actments  to  the  contrary  notwithstanding,  which  were  all  overridden  and  trampled  down  by 
Mr.  Johnson's  pardons,  Mr.  Johnson  has  said,  in  his  recent  interview  with  the  delegation 
from  the  Virginia  legislature,  that  he  thought  if  there  were  five  thousand  loyal  men,  or  even 
a  smaller  number,  in  a  State,  they  were  entitled  to  exercise  a  controlling  influence  over  that 
State  in  its  legislation,  in  which  I  entirely  concur  with  him.  But  Mr.  Johnson's  opinions 
on  that  subject  do  not  help  the  loyal  men  much  unless  he  will  help  to  put  them  on  the  track » 
when  they  will  keep  the  machinery  in  motion. 

Question.  The  difference  being  the  difference  between  saying  and  doing  ? 

Answer.  If  he  will  carry  that  view  into  effect,  to  the  extent  of  his  civil  and  military  power, 
they  will  bring  the  State  back  to  its  proper  moorings,  but  they  can  do  nothing  without  either 
the  aid  of  Mr.  Johnson  or  of  the  law-making  power  of  the  United  States. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  state  to  the  committee  ? 

Answer.  I  should  like  to  say  that  I  think  Mr.  Johnson  has  been  actuated  in  his  policy  by 
too  much  confidence  and  liberality  towards  people  who  did  not  appreciate  it,  and  did  not 
meet  it  in  the  spirit  in  which  his  liberality  was  tendered,  and  that  the  sooner  he  retraces  his 
steps,  so  far  as  is  possible,  in  that  particular,  in  holding  out  hopes  of  aid  from  him  to  thos  e 
who  have  brought  all  these  calamities  upon  the  country,  the  better  it  will  be  for  himself,  the 
better  for  the  south,  and  the  better  for  the  nation. 


WASHINGTON,  D.  C.,  February  15,  1866. 
Colonel  Orlando  Brown  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

Answer.  My  home  is  in  Massachusetts. 

Question.  Where  have  you  been  recently  residing? 

Answer.  I  have  been  residing  since  the  15th  of  June  in  Richmond,  Virginia.  Previous  to 
that  time  I  had  resided  in  Norfolk.  I  had  been  on  duty  in  Norfolk  since  February,  1862. 

Question.  What  official  position  do  you  hold? 

Answer.  Assistant  commissioner  in  the  Bureau  of  Freedmen,  Refugees,  and  Abandoned 
Lands. 

Question.  And  as  such  you  have  been  stationed  at  Richmond  ? 

Answer.  Yes. 

Question  How  do  you  find  the  state  of  feeling  in  Richmond  towards  the  freedmen?  How 
are  they  treated  ? 

Answer.  There  is  a  disposition  on  the  part  of  citizens  to  secure,  as  far  as  possible,  the 
same  control  over  the  freedmen  by  contracts  which  they  possessed  when  they  held  them  as 
slaves. 

Question.  Is  there  much  ill-feeling  towards  the  freedmen  in  that  vicinity? 

Answer.  I  hardly  know  how  to  answer  that  question.  It  seems  to  me  more  a  feeling  of 
irritation,  perhaps,  than  of  hatred.  They  seemed  disposed  to  regard  the  freedmen  almost 
universally  as  unfit  to  care  for  themselves.  They  think  that  a  wrong  has  been  done  them  in 


124  RECONSTRUCTION. 

taking  their  slaves.  They  have  not  lost  the  feeling  that  they  have  a  right  to  hold  slaves, 
and  they  are  not  disposed — a  large  number  of  them — to  forgive  the  negro  for  being  free. 
But,  on  the  other  hand,  there  is  a  class— numerically  small,  but  comprising  some  of  the 
ablest  and  best  men  in  the  State — who  are  disposed  to  acknowledge  them  as  free  and  to  treat 
them  as  free  men. 

Question.  Do  they  entertain  generally  an  expectation  that  they  will  get  pay  for  their 
slaves  ? 

Answer.  No,  sir;  I  think  not.  In  a  few  instances  I  have  heard  men  who  have  been  loyal 
throughout  express  that  expectation,  that  they  were  entitled  to  compensation  for  their  slaves. 

Question.  Are  the  freedinen  willing  to  work  generally  for  fair  wages  ? 

Answer.  Yes,  sir;  for  what  any  northern  man  would  consider  fair  wages. 

Question.  Is  there  a  disposition  on  the  part  of  their  white  employers  to  allow  them  fair, 
living  wages  ? 

Answer.  That  disposition  might  exist  if  they  had  the  means.  They  have  not  the  means  to 
allow  them  what  would  be  considered  living  wages — wages  to  support  a  man  and  his  family. 
It  is  unnecessary  to  say  that  they  are  wholly  exhausted.  A  great  deal  of  the  land  in  Vir 
ginia  is  very  poor,  and  on  that  poor  land  the  farmer  cannot  afford  to  pay  more  than  ten  dol 
lars  per  month  to  a  laborer,  even  with  the  disposition  to  pay  more.  There  is  little  other 
business  in  the  State  than  agriculture. 

Question.  Do  you  find  an  abundance  of  money  and  personal -property  down  there  in  Vir 
ginia  among  the  secessionists  ? 

Answer.  No,  sir. 

^Question.  What  is  the  state  of  things  in  that  respect? 

-  Answer.  Most  of  the  State  having  been  overrun  by  our  troops,  the  fences  destroyed,  the 
farming  utensils  used  up  during  the  war,  the  currency  that  they  had  worthless,  and  not  being 
able  to  collect  their  notes,  they  have  not  the  means  to  carry  on  agricultural  pursuits  so  as  to 
afford  to  pay  the  freedmen. 

Question.  Are  they  sufficiently  supplied  with  horses,  mules,  &c.  ? 

Answer.  No,  sir  ;   they  are  not,  although  large  numbers  have  been  supplied  by  our  army. 

Question.  Do  you  not  find  there  great  destitution  in  point  of  stock? 

Answer.  Yes,  sir.  Some  of  the  best  laud  on  the  James  river  will  remain  uncultivated  this 
season  because  the  owners  have  not  the  means  to  buy  stock,  hire  laborers,  buy  tools,  seeds, 
&c.,  and  put  the  land  under  cultivation. 

Question.  How  is  it  with  the  whites  ?  Do  they  go  to  work  individually  and  try  to  retrieve 
their  fortunes,  or  do  they  lead  a  lazy,  idle  life  ? 

Answer.  I  do  not  think  they  have  fully  settled  yet  what  they  will  do. 

Question.  Do  they  go  to  work  as  our  people  at  the  north  do  ? 

Answer.  No,  sir ;  it  is  not  in  them  to  go  to  work  as  our  people  at  the  north.  They  have 
not  so  much  energy. 

Question.  As  a  general  thing,  they  and  work  do  not  particularly  agree  ? 

Answer.  No,  sir.  As  for  manual  labor,  that  is  out  of  the  question.  The  owners  of  planta 
tions  are  not  disposed  to  go  to  work  with  their  hands;  but  they  are  being  forced  to  do  it,  and 
they  do  it  very  unwillingly.  They  choose  that  rather  than  suffer. 

Question.  Is  that  generally  the  case  wherever  you  have  been  acquainted  among  the  farm 
ing  community? 

Answer.  Yes,  sir. 

Question.  How  much  loyalty  is  there  down  there  in  Richmond,  and  how  are  loyal  people 
treated  ? 

Answer.  If  you  mean  a  willing  submission  to  the  government 

Question.  I  mean  loyalty  in  its  general  acceptation,  a  friendship  for  the  government  under 
which  they  live,  and  a  disposition  to  uphold  and  maintain  it. 

Answer.  They  consider  themselves  in  the  Union  by  compulsion.  A  majority  of  them 
think  that  the  cause  they  fought  for  was  just ;  that  in  failing  to  accomplish  their  object  they 
have  been  defrauded  of  their  just  rights,  and  that  they  had  a  right  to  secede.  That  sentiment 
has  been  expressed  to  me  a  great  many  times. 

Question.  Do  you  hear  among  them  many  regrets  for  having  taken  up  arms  against  Uncle 
Sain  ? 

Answer.  Not  so  much  as  regret  at  the  result.  That  seems  to  be  the  cause  of  regret. 
Governor  Wise  says  he  has  been  for  the  Union  all  through,  and  he  adds:  "  Had  we  suc 
ceeded,  we  would  have  shown  you  what  the  Union  was."  He  said  to  me  a  day  or  two  ago, 
"  I  never  fought  under  the  confederate  flag.  It  may  have  been  carried  in  my  brigade;  but 
I  have  gone  under  the  Virginia  flag."  And  he  showed  me  his  buttons,  Virginia  buttons, 
which  he  said  he  had  worn  ail  through  the  war. 

Question.  Is  there  generally  prevalent  down  there  a  feeling  of  disaffection  or  dislike 
towards  the  government  of  the  United  States? 

Answer.  Yes,  sir,  I  think  there  is. 

Question.  In  what  class  is  it  strongest  ? 

Answer.  I  think  in  the  higher  class.  The  lower  classes,  I  think,  are  thankful  to  be  out  of 
the  war  under  any  consideration. 


VIRGINIA — NORTH    CAROLINA SOUTH    CAROLINA.  125 

Question.  Have  you  any  reason  to  believe  that  there  are  any  combinations  among  the  seces 
sionists  there  to  renew  the  war  or  to  make  another  attempt  to  secure  southern  independence  ? 

Answer.  No,  sir,  I  have  not.  A  conversation  was  repeated  to  me  on  the  cars  last  night  of 
Mr.  Pollard's,  whose  paper  has  just  been  suppressed  in  Richmond.  He  stated  that  three 
hundred  men  had  wished  to  drive  the  guard  from  his  office  and  take  possession  of  it,  but  that 
he  dissuaded  them  from  the  attempt.  This  is  hearsay  evidence.  It  was  reported  to  me  by 
a  gentleman  from  Philadelphia. 

Question.  Of  what  paper  was  he  the  editor  ? 

Answer.  The  Richmond  Examiner. 

Question.  What  is,  or  has  been,  the  political  character  of  that  paper? 

Answer.  Violent  and  saucy  against  the  government  of  the  United  States  ;  insolent,  defiant, 
and  false.  It  has  carried  along  this  vein  of  submission — that  they  submitted  to  the  govern 
ment. 

Question.  Is  its  editor  related  to  the  historian  Pollard? 

Answer.  He  is  a  brother. 

Question.  Do  you  know  whether  both,  or  either  of  them,  served  in  the  rebel  army  ? 

Answer.  I  do  not. 

Question.  Both  of  them  have  been  traitors,  I  suppose  ? 

Answer.  I  think  there  is  no  doubt  about  that. 

Question.  What  was  the  Examiner  stopped  for? 

Answer.  I  heard  here  to-day  that  it  was  stopped  by  orders  from  General  Grant  for  its  dis 
loyalty. 

"Question.  Has  that  paper  a  large  circulation? 

Answer.  I  am  unable  to  say  what  its  circulation  is.  The  true  feeling  in  Virginia  is  well 
illustrated  by  an  interview  which  I  had  with  a  gentleman  in  Richmond.  I  had  received  a 
letter  from  a  gentleman  in  Boston,  Mr.  Stearns,  in  regard  to  the  purchase  of  real  estate  in 
Virginia.  I  called  upon  a  gentleman  belonging  to  a  very  wealthy  firm  in  Richmond,  which 
held  a  large  quantity  of  real  estate,  and  inquired  of  him  whether  he  had  such  property  for 
sale  He  said  yes,  and  that  he  was  obliged  to  sell  it.  I  said  that  northern  capital  was  look 
ing  for  investment  in  Virginia  ;  and  I  added  that  I  thought  that  it  would  be  for  the  best  good 
of  the  country  to  get  northern  capital  down  there,  as  northern  men  would  come  with  it ;  and 
that,  from  constant  business  intercourse,  the  feeling  of  hostility  caused  by  the  war  would 
more  readily  pass  away.  He  replied :  "That  can  never  be,  sir  ;  we  have  suffered  too  much. 
The  atrocities  and  barbarities  practiced  by  your  army  can  never  be  forgotten  by  any  true 
southern  man.  I  have  on  file  now  a  copy  of  one  of  Sheridan's  official  reports,  and  I  expect 
when  my  children  grow  up  they  will  read  it,  and  will  feel  toward  you  northern  men  just  as 
1  do."  It  was  shortly  after  the  publication  of  Mr.  Beecher's  sermon,  taking  conservative 
ground.  I  referred  him  to  that,  showing  him  what  the  feeling  of  the  men  who  had  been  con 
sidered  radical  in  the  north  was.  Said  he,  "  Were  I  drowning  in  the  most  filthy  ditch,  and 
were  Henry  Ward  Beecher  to  hold  out  his  hand  to  draw  me  out  I  would  not  take  it." 

Question.  He  was  the  " last-ditch"  man? 

Answrer.  No ;  I  think  Ruffin  was  the  only  "  last-ditch"  man — the  only  consistent  one. 

Question.  Did  this  person  refuse  to  sell  land  to  you  ? 

Answer.  No,  sir,  he  did  not.     Their  necessities  were  such  that  they  were  obliged  to  sell. 

Question.  How  are  northern  men  treated  in  Virginia? 

Answer.  Northern  men  are  treated  better  than  Union  Virginians.  I  do  not  think  they  would 
be  well  treated  if  the  troops  were  withdrawn. 

Question.  Would  they  not  be  generally  driven  out  by  threats,  violence,  and  mobs? 

Answer.  I  think  they  would  in  isolated  localities.  I  might  refer  you  to  Norfolk,  which  has 
been  for  a  long  time  in  our  possession.  A  great  many  northern  men  had  come  down  there 
and  commenced  business.  After  the  surrender  of  General  Lee  the  owners  of  property  imme 
diately  put  up  their  rents  so  high  that  nearly  all  the  Union  men  were  compelled  to  leave. 

Question.  Did  the  owners  afterwards  rent  their  premises  to  southern  persons  ? 

Answer.  The  premises  then  fell  into  the  hands  of  southern  men. 

Question.  At  lower  rates  ? 

Answer.  Perhaps  at  lower  rates,  but  I  cannot  say.  The  feeling  among  the  northern  men 
seemed  to  be  that  this  was  a  plan  to  get  rid  of  them  ;  otherwise  I  can  hardly  conceive  that 
the  owners  would  be  so  blind  to  their  own  interests.  Still  it  may  have  been  simply  an  at 
tempt  at  extortion. 

Question.  Are  northern  men  and  ladies,  who  happen  to  be  visiting  at  Richmond,  invited 
into  society' by  the  residents  ? 

Answer.  I  think  not  to  any  extent. 

Question.  Have  you  ever  been  invited  to  visit  a  secession  family? 

Answer.  I  cannot  say  that  I  have. 

Question.  And  you  have  been  there  how  long? 

Answer.  I  have  been  there  eight  months.  I  am  not  inclined  to  go  much  into  society  under 
any  circumstances.  I  am  not  aware  that  the  officers  generally  have  been  invited  into  fami 
lies.  I  think  they  have  not  been. 

Question.  You  think,  so  far  as  your  observation  goes,  that  there  is  a  feeling  of  unfriendliness 
toward  the  government  of  the  United  States  among  the  people  of  Virginia  ? 


126  RECONSTRUCTION. 

Answer.  Yes,  sir. 

Question.  Do  you  hear  anything  said  among  them  in  regard  to  a  foreign  war  ? 

Answer.  Yes,  sir. 

Question.  And  as  to  what  they  would  do  in  that  case  ? 

Answer.  I  recollect  that  one  gentleman,  Captain  Pegram,  formerly  of  our  navy,  who  com 
manded  the  Nashville  and  some  other  rebel  vessels,  seemed  to  think  that  a  foreign  war  would 
cement  the  relations  between  the  two  sections.  I  think  that,  in  case  of  a  foreign  war,  they 
would  take  up  arms  with  the  federal  government,  unless  there  was  a  chance  of  securing  their 
independence. 

Question.   But  suppose  there  were  such  a  chance  ? 

Answer.  Well,  sir,  they  would  avail  themselves  of  it.  I  do  not  think  their  sentiments 
are  at  all  changed  in  that  respect.  They  are  loyal  by  compulsion. 

Question.  What  effect  has  President  Johnson's  liberal  policy  in  giving  pardons  and  amnes 
ties  to  them  had  upon  their  minds  and  hearts? 

Answer.  It  has  had  the  effect  of  making  them  admire  President  Johnson. 

Question.  Has  it  made  them  more,  or  less,  friendly  to  the  government  of  the  United  States  ? 

Answer.  They  are  disposed  to  think  that  Mr.  Johnson  stands  between  them  and  the  Con 
gress  of  the  United  States. 

Question.  They  look  to  him  ? 

Answer.  Yes,  sir. 

Question.  Do  they  talk  about  running  him  for  the  next  presidency  ? 

Answer.  I  have  not  heard  talk  of  that. 

Question.  How  do  they  seem  to  regard  General  Lee? 

Answer.  With  the  hignest  affection.  I  know  no  man  who  has  more  fully  the  hearts  of  a 
people  than  he  has  the  hearts  of  Virginians. 

•s    Question.  Suppose  the  Freedmen's  Bureau  were  discontinued  and  the  troops  withdrawn, 
what  would  be  the  treatment  of  the  secessionists  towards  the  black  people  ? 


ble  to  them;  I  hear  the  expression  frequently  that  they  would  prefer,  now  that  the  blacks 
are  free,  that  they  should  remain  so ;  there  maybe  something  that  smacks  of  dollars  and 
cents  in  that.  The  slave  system  in  Virginia  has  been  such  as  to  exhaust  very  largely  the 
able-bodied  laborers ;  I  have  been  informed  that  twenty  thousand  of  that  class  were  annually 
sold  from  Virginia ;  consequently,  a  very  large  proportion  of  the  colored  population  there  is 
composed  of  the  aged,  infirm,  women  and  children,  and  the  being  freed  from  the  necessity 
of  supporting  them  is  really  a  great  relief  in  the  present  poverty  of  the  people— a  relief  to 
their  former  owners. 

Question.  Do  they  appear  to  be  willing  that  the  negro  should  acquire  property,  and  have 
houses  and  homes,  and  school-houses  ? 

Answer.  I  think  they  are  coming  to  feel  that  the  negro  will  make  a  better  citizen  educated ; 
that  is  not  generally  the  sentiment,  but  it  is  improving  in  that  direction.  We  have  now 
some  fifteen  thousand  children  in  school,  and  there  is  very  little  hostility  evinced  to  the 
teachers ;  occasionally  there  are  unpleasant  remarks  made  about  them,  but  still  there  is 
comparatively  little  hostility.  We  have  schools  now  in  localities  remote  from  troops  which 
are  not  broken  up.  They  recognize  the  freedom  of  the  negro  as  a  fixed  fact. 

Question.  If  they  had  an  opportunity,  would  they  reduce  the  negro  again  to  slavery  ? 

Answer.  If  I  can  believe  their  assertions,  I  should  hardly  think  they  would ;  I  think  they 
would  prefer  to  hold  him,  by  their  laws,  &c.,  in  a  situation  which  would  be  slavery  in  effect 
but  not  in  name,  so  as  to  have  the  benefit  of  his  labor  without  the  responsibility  of  support 
ing  him. 

Question.  That  smacks  of  a  piece  of  Yankee  ingenuity? 

Answer.  Why,  sir,  in  that  respect,  they  out-Herod  Herod. 

Question.  How  do  the  secessionists  feel  in  regard  to  the  payment  of  the  debt  of  the  United 
States  contracted  in  prosecuting  the  war? 

Answer.  I  have  not  heard  them  express  any  opinion  in  that  regard,  nor  have  1 
them  on  that  subject. 

Question.  Are  they  nervously  anxious  to  pay  the  confederate  debt  contracted  m  the  prose 
cution  of  the  rebellion  ? 

Answer.  I  think  not  in  Virginia. 

Question.  You  do  not  think  it  would  distress  them  much  if  they  should  be  relieved  from 
payment  of  that  debt  ? 

Answer.  I  think  not,  I  do  not  think  that  repudiation  would  trouble  any  of  these  southern 
men ;  I  think  that  they  would  prefer  to  pay  the  southern  debt  rather  than  the  northern  debt. 

Question.  Do  you  hear  frequent  complaints  among  them  that  they  are  not  admitted  to 
participation  in  the  political  power  of  the  government  ? 

Answer.  Yes ;  they  attribute  that  to  your  radical  Congress ;  they  seem  to  hope  for  a  more 
conservative  state  of  things  hereafter— what  they  term  "conservative." 


VIRGINIA NORTH    CAROLINA — SOUTH    CAROLINA.  127 

Question.  They  seem  to  regard  themselves  as  entirely  fit  for  readmission  into  the  govern 
ment  which  they  have  been  endeavoring  to  overthrow  ? 

Answer.  I  think  they  do ;  I  have  heard  of  no  case  in  which  the  ministers  who  preached 
secession  during  the  war  have  publicly  acknowledged  the  error. 

Question.  Do  their  ministers  pray  for  the  President  of  the  United  States,  or  for  Congress, 
or  for  any  other  functionary  of  the  government? 

Answer.  I  have  not  attended  their  churches,  because  there  is  not  one  of  their  ministers,  to 
my  knowledge,  who  has  publicly  renounced  his  error  as  publicly  as  he  has  preached  it. 

Question.  Do  you  hear,  in  your  intercourse  with  secessionists,  expressions  of  dislike  and 
contempt  towards  the  government  of  the  United  States  ? 

Answer.  No  sir. 

Question.  Do  you  hear  of  them  ? 

Answer.  I  hear  of  them. 

Question.  Frequently? 

Answer.  Perhaps  I  may  say  frequently. 

Question.  How  are  they  pleased  with  the  Freedmen's  Bureau  ? 

Answer.  I  think  they  are  anxious  to  have  it  out  of  the  way. 

Question.  Would  they  be  likely  to  oppress  the  freedmen  if  that  bureau  were  removed  and 
the  troops  were  removed  ? 
.  Answer.  I  think  they  would. 

Question.  Would  the  negro  stand  any  chance  of  obtaining  justice  in  the  courts  ? 

Answer.  I  have  the  assurance  of  one  of  the  first  lawyers  in  the  city  of  Richmond  that 
his  opinion  is  that  the  negroes  could  not  obtain  justice  before  a  Virginia  jury  ? 

Question.  Justice  to  the  negro  and  justice  to  the  white  man  are  different  articles,  I  sup 
pose  ;  it  changes  with  the  complexion  ? 

Answer.  Yes,  sir. 

Question.  Your  bureau  exercises  jurisdiction  over  cases  in  which  freedmen  are  parties  ? 

Answer.  Yes,  sir ;  in  all  cases  where  his  rights  are  involved. 

Question.  Is  much  of  the  time  of  the  bureau  at  Richmond  occupied  in  settling  these  con 
troversies  ? 

Answer.  Yes,  sir ;  it  is  occupied  most  of  the  time  in  every  county  in  the  State  in  settling 
controversies  and  aiding  the  negroes  to  make  contracts ;  but  it  is  very  largely  occupied  in 
settling  controversies. 

Question.  Have  you  heard  of  any  cases  of  violence  between  whites  and  blacks  down  there  ? 

Answer.  Yes,  sir,  I  have. 

Question.  Are  they  of  frequent  occurrence  ? 

Answer.  Of  nearly  every  day  occurrence  in  the  State 

Question.  Can  you  relate  some  instances  of  violence  .on  the  part  of  whites  towards  the 
blacks? 

Answer.  A  case  came  before  me  yesterday.  A  negro  was  shot  through  the  head  and  killed 
while  sitting  by  his  fire  in  his  cabin,  near  Suffolk;  circumstantial  evidence  points  very 
strongly  toward  a  white  man  with  whom  he  had  had  an  altercation,  and  who  had  shot  at 
him  before. 

Question.  Was  the  white  man  arrested  ? 

Answer.  I  sent  officers  for  him  at  once.  A  few  weeks  ago,  near  Fredericksburg,  a 
negro,  who  had  been  a  soldier,  wTas  making  some  remarks  in  a  boasting  manner  of  his  having 
served  in  the  federal  army ;  he  was  overheard  by  a  citizen,  who  said  he  would  not  allow  him 
to  boast  of  having  served  in  the  federal  army — that  he  considered  it  an  insult.  The  negro 
said  he  had  served,  and  was  not  ashamed  to  say  so ;  that  he  felt  it  something  to  be  proud  of. 
The  man  drew  a  revolver  and  fired  at  him,  the  ball  going  through  the  negro's  clothing ;  then 
he  overtook  him  and  struck  him  over  the  head  writh  the  but  end  of  the  revolver,  laying  the 
skull  bare.  A  physician  who  was  sent  for  said,  in  the  preliminary  examination  before  the 
Freedmen's  Bureau,  that  he  considered  the  insult  strong  enough  to  justify  the  outrage ;  we 
have  arrested  the  physician,  but  have  not  been  able  to  catch  the  other  yet. 

Question.  Was  the  physician  a  secessionist  ? 

Answer.  Oh !  of  course,  yes.  1  might  multiply  instances  of  the  kind  to  any  extent.  Out 
rages  have  increased  very  much  since  the  diminution  of  our  troops  in  the  State;  perhaps 
there  is  a  little  holding  up 'now  as  they  find  that,  even  with  few  troops,  we  are  determined  to 
reach  them ;  the  bureau  has  not  the  power  to  reach  all  cases  that  occur ;  it  wants  more  men ; 
it  wants  the  opportunity  of  selecting  its  officers,  which  it  now  has  not ;  it  has  to  take  such 
as  it  can  get. 

Question.  In  case  of  the  removal  of  that  bureau,  would  you  apprehend  a  great  increase  of 
those  scenes  of  violence  towards  the  blacks  ? 

Answer.  I  should. 

Question.  What  would  it  result  in  ? 

Answer.  I  think  it  would  eventually  result  in  an  insurrection  on  the  part  of  the  blacks ; 
the  black  troops  that  are  about  being  mustered  out,  and  those  that  have  been  mustered  out, 
will  all  provide  themselves  with  arms ;  probably  most  of  them  will  purchase  their  arms ;  and 
they  will  not  endure  those  outrages,  without  any  protection  except  that  which  they  obtain 


128  RECONSTRUCTION. 

from  Virginia ;  they  have  not  confidence  in  their  old  masters,  notwithstanding  their  great 
love  for  them,  in  which  they  have  tried  to  make  us  believe. 

Question.  Are  there  many  arms  among  the  blacks  ? 

Answer.  Yes,  sir;  attempts  have  been  made,  in  many  instances,  to  disarm  them. 

Question.  Who  have  made  the  attempts? 

Answer.  The  citizens,  by  organizing  what  they  call  "patrols" — combinations  of  citizens. 

Question.  Has  that  arrangement  pervaded  the  State  generally  ? 

Answer.  No,  sir ;  it  has  not  been  allowed  ;  they  would  disarm  the  negroes  at  once  if  they 
could. 

Question.  1^  that  feeling  extensive? 

Answer.  I  may  say  it  is  universal ;  they  have  no  confidence  in  the  negroes,  and  they  have 
every  reason  for  not  having  it.  They  apprehended  very  much  an  insurrection  during  the 
holidays;  I  was  called  on  by  gentlemen  from  every  section  of  the  State  about  it,  but  there 
was  at  that  time  no  disposition  at  all  on  the  part  of  the  negroes  to  make  any  difficulty. 

Question.  Have  you  reason  to  believe  that  there  have  been  combinations  among  the 
negroes  with  a  view  to  insurrection  ? 

Answer.  No,  sir,  I  am  satisfied  there  were  no  such  combinations ;  there  have  been  combi 
nations  to  secure  their  suffrage,  and  other  things  of  that  kind,  but  nothing  farther.  They 
have  a  great  disposition  to  form  secret  combinations  for  very  trivial  objects ;  for  instance,  I 
recollect  one  charitable  association  called  "The  Holy  Sons  of  God  ;"  they  get  up  such  names* 
Their  object  was  simply  to  take  care  of  the  sick  and  helpless,  bury  the  dead,  &c. ;  their 
meetings  were  all  secret. 

Question.  Have  you  ever  seen  negro  troops  under  fire  ? 

Answrer.  No,  sir,  I  have  not. 

Question.  What  is  your  idea  about  their  courage  in  active  operations  in  the  field  ? 

Answer.  I  can  only  base  my  opinion  on  what  I  have  heard  and  read;  I  think  they  make 
good  soldiers ;  1  think  that  in  case  of  insurrection,  they  would  fight  desperately. 

Question.  How  would  they  fight  the  Union  troops,  in  case  Union  troops  were  brought 
against  them  to  put  down  an  insurrection  ? 

Answer.  They  were  examined  on  that  subject  by  my  officers  when  there  was  talk  of  an 
insurrection  at  the  holidays,  fearing  that  they  might  have  such  ideas,  although  we  had  no 
confidence  in  the  report ;  but  there  was  so  much  alarm  expressed  that  we  took  occasion  to 
talk  to  them  on  that  subject,  and  told  them  that  federal  troops  would  be  brought  against 
them  if  any  such  attempt  were  made.  I  think  that  a  regiment  of  federal  troops  would  create 
more  demoralization  among  them  than  a  brigade  of  confederates  would — far  more. 
"^  Question.  Do  you  hear  anything  said  among  the  whites  in  Virginia  about  expelling  the 
blacks  from  their  midst? 

Answer.  No,  sir ;  I  think,  though,  they  would  prefer  to  have  them  away ;  they  would 
not  expel  them,  but  it  would  be  their  fancy  to  have  theai  away. 

Question.  With  what  kind  of  people  would  they  supply  their  places? 

Answer.  An  attempt  was  made  a  few  months  ago  to  introduce  foreign  labor,  but,  from  the 
best  evidence  I  can  get,  it  proved  a  failure ;  those  who  employed  foreigners  were  perfectly 
willing  to  go  back  to  the  negroes ;  still  the  feeling  was  very  general  when  they  were  first 
freed,  and  is  not  done  away  with  yet,  that  "if  we  cannot  have  them  as  slaves,  take  them 
away ;  we  don't  want  them." 

Question.  Is  not  that  rather  the  result  of  a  feeling  of  mortification  that  the  negroes  are 
made  free — mere  spite  ? 

Answer.  1  do  not  know  how  to  analyze  the  feeling  they  seem  to  have;  they  have  been 
always  in  the  habit  of  having  this  control  over  them,  and  now  the  negro  comes  and  asserts 
his  rights  and  says,  "  I  am  free  as  well  as  you ;"  that  creates  an  irritation,  a  dislike ;  I  hardly 
know  what  it  is. 

Question.  And  they  think  they  would  be  glad  to  get  rid  of  the  negro  ? 

Answer.  Yes,  sir. 

Question.  And  when  they  think  of  the  labor  which  they  find  it  necessary  to  have  per 
formed,  they  want  the  negro  to  stay  with  them  ? 

Answer.  Yes,  sir  ;  that  is  it. 

Question,  So  that  really,  between  the  twro  motives — the  motive  of  spite,  ill-will,  and  disap 
pointment,  and  the  other,  a  sort  of  respect  for  him  because  he  is  a  good  laborer — they  are 
divided  .' 

Answer.  That  is  it,  sir. 

Question.  They  do  not  propose  to  do  the  labor  themselves? 

Answer.  No,  sir;  and  they  do  not  propose  to  break  up  their  large  estates  if  they  can  help 
it.  That  is  one  thing  which  keeps  them  back;  they  seem  indisposed  to  sell  their  real  estate; 
they  do  not  like  to  part  with  it.  I  remember  seeing  an  editorial  article  in  one  of  the  Rich 
nioud  papers  containing  such  an  expression  as  this:  "If  the  estates  were  to  be  broken  up 
so  as  to  destroy  the  old  Virginia  gentleman,  Virginia  would  cease  to  be  Virginia." 

Question.   "  One  of  the  olden  time?  " 

Answer.   "One  of  the  olden  time." 

Question.  Do  you  think  of  anything  else  that  you  wish  to  state  ? 

Answer.  No,  sir. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  129 

WASHINGTON,  D.  C.,  February  17,  1866. 
Robert  E.  Lee  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  is  your  present  residence  ? 

Answer.  Lexington,  Virginia. 

Question.  How  long  have  you  resided  at  Lexington? 

Answer.  Since  the  first  of  October  last ;  nearly  five  months. 

Question.  Are  you  acquainted  with  the  state  of  feeling  among  what  we  call  secessionists 
in  Virginia,  at  present,  toward  the  government  of  the  United  States  1 

Answer.  I  do  not  know  that  I  am.  I  have  been  living  very  retired,  and  have  had  but 
little  communication  with  politicians.  I  know  nothing  more  than  from  my  observation,  and 
from  such  facts  as  have  come  to  my  knowledge. 

Question.  From  your  observation,  what  is  your  opinion  as  to  the  feeling  of  loyalty  towards 
the  government  of  the  United  States  among  the  secession  portion  of  the  people  of  that  State 
at  this  time  1 

Answer.  So  far  as  has  come  to  my  knowledge,  I  do  not  know  of  a  single  person  who  either 
feels  or  contemplates  any  resistance  to  the  government  of  the  United  States,  or,  indeed,  any 
opposition  to  it.  No  word  has  reached  me  to  either  purpose. 

Question.  From  what  you  have  observed  among  them,  is  it  your  opinion  ^tliat  they  are 
friendly  toward  the  government  of  the  United  States,  and  that  they  will  co-operate  to  sustain 
and  uphold  the  government  for  the  future  ? 

Answer.  I  believe  that  they  entirely  acquiesce  in  the  government  of  the  United  States, 
and,  so  far  as  I  have  heard  any  one  express  an  opinion,  they  are  for  co-operating  with  Presi 
dent  Johnson  in  his  policy. 

Question.  In  his  policy  in  regard  to  what  ? 

Answer.  His  policy  in  regard  to  the  restoration  of  the  whole  country.  I  have  heard  per 
sons  with  whom  I  have  conversed  express  great  confidence  in  the  wisdom  of  his  policy  of 
restoration,  and  they  seem  to  look  forward  to  it  as  a  hope  of  restoration. 

Question.  How  do  they  feel  in  regard  to  that  portion  of  the  people  of  the  United  States 
who  have  been  forward  and  zealous  in  the  prosecution  of  the  war  against  the  rebellion  ? 

Answer.  Well,  I  do  not  know.  I  have  heard  nobody  express  any  opinion  in  regard  to  it. 
As  1  said  before,  I  have  not  had  much  communication  with  politicians  iu  the  country,  if  there 
are  any.  Every  one  seems  to  be  engaged  in  his  own  affairs,  and  endeavoring  to  restore  the 
civil  government  of  the  State.  I  have  heard  no  expression  of  a  sentiment  toward  any  par 
ticular  portion  of  the  country. 

Question.  How  do  the  secessionists  feel  in  regard  to  the  payment  of  the  debt  of  the  United 
States  contracted  in  the  prosecution  of  the  war  / 

Answer.  I  have  never  heard  any  one  speak  on  the  subject.  I  suppose  they  must  expect  to 
pay  the  taxes  levied  by  the  government.  I  have  heard  them  speak  in  reference  to  the  pay 
ment  of  taxes,  and  of  their  efforts  to  raise  money  to  pay  the  taxes,  which  I  suppose  are  for 
their  share  of  the  debt.  I  have  never  heard  any  one  speak  in  opposition  to  the  payment  of 
taxes,  or  of  resistance  to  their  payment.  Their  whole  effort  has  been  to  try  and  raise  the 
money  for  the  payment  of  the  taxes. 

Question.  From  your  knowledge  of  the  state  of  public  feeling  in  Virginia,  is  it  your  opinion 
that  the  people  would,  if  ttoe  question  were  left  to  them,  repudiate  and  reject  that  debt  / 

Answer.  I  never  heard  any  one  spe^,k  on  that  subject,  but  from  my  knowledge  of  the 
people  I  believe  that  they  would  be  in  tavor  of  the  payment  of  all  just  debts. 

Question.  Do  they,  in  your  opinion,  regard  that  as  a  jiut  debt? 

Answer.  I  do  not  know  what  their  opinion  is  on  the  subject  of  the  particular  debt.  I  have 
never  heard  any  opinion  expressed,  but  I  have  never  heard  any  expressed  contrary  to  it. 
Indeed,  as  I  said  in  the  beginning,  I  have  had  very  little  discussion  or  intercourse  with  the 
people.  I  believe  that  the  people  would  pay  the  debts  they  are  called  upon  to  pay.  I  say 
that  from  my  knowledge  of  the  people  generally. 

Question.  Would  they  pay  that  debt,  or  their  portion  of  it,  with  as  much  alacrity  as  people 
ordinarily  pay  their  taxes  to  their  government  ? 

Answer.  I  do  not  know  that  they  would  make  any  distinction  between  the  two.  The 
taxes  laid  by  the  government,  so  far  as  I  know,  they  are  prepared  to  pay  to  the  best  of  their 
ability.  I  never  heard  them  make  any  distinction. 

Question.  What  is  the  feeliug  of  that  portion  of  the  people  of  Virginia  in  regard  to  the 
payment  of  the  so-called  confederate  debt? 

Answer.  I  believe,  so  far  as  my  opinion  goes,  (I  have  no  facts  to  go  upon,  but  merely  base 
my  opinion  on  the  knowledge  I  have  of  the  people,)  they  would  be  willing  to  pay  the  con 
federate  debt  too. 

Question.  You  think  they  would? 

Answer.  I  think  they  would  if  they  had  the  power  and  ability  to  do  it.  I  have  never  heard 
any  one  in  the  State  with  whom  I  have  conversed  speak  of  repudiating  any  debt. 

Question.  I  suppose  the  confederate  debt  is  almost  entirely  valueless,  even  in  the  market 
of  Virgiuia  ? 

9  V  NC  SC 


130  RECONSTRUCTION. 

Answer.  Entirely,  as  far  as  I  know.  I  believe  the  people  generally  look  upon  it  as  lost 
entirely.  I  never  heard  any  question  on  the  subject. 

Question.  Do  you  recollect  the  terms  of  the  confederate  bonds — when  they  were  made 
payable  ? 

Answer.  I  think  I  have  a  general  recollection  that  they  were  made  payable  six  months 
after  a  declaration  of  peace. 

Question.  Six  months  after  the  ratification  of  a  treaty  of  peace  between  the  United  States 
and  the  confederate  government? 

Answer.  I  think  they  ran  in  that  way.  m    • 

Question.  So  that  the  bonds  are  not  due  yet  by  their  terms  ? 

Answer.  I  suppose,  unless  it  is  considered  that  there  is  peace  now,  they  are  not  due. 

Question.  How  do  the  people  in  Virginia,  the  secessionists  more  particularly,  feel  toward 
the  freedmen? 

Answer.  Every  one  with  whom  I  associate  expresses  kind  feelings  towards  the  freedmen. 
They  wish  to  see  them  get  on  in  the  world,  and  particularly  to  take  up  some  occupation  for  a 
living  arid  to  turn  their  hands  to  some  work.  I  know  that  efforts  have  been  made  among 
the  farmers,  near  where  I  live,  to  induce  them  to  engage  for  the  year  at  regular  wages. 

Question.  Do  you  think  there  is  a  willingness  on  the  part  of  their  old  masters  to  give  them 
fair,  living  wages  for  their  labor? 

Answer.  I  believe  it  is  so.  The  farmers  generally  prefer  those  servants  who  have  been 
living  with  them  before.  I  have  heard  them  express  their  preference  for  the  men  whom  they 
know,  who  h*ad  lived  with  them  before,  and  their  wish  to  get  them  to  return  to  work. 

Question.  Are  you  aware  of  the  existence  of  any  combination  among  the  whites  to  keep 
down  the  wages  of  the  negroes  ? 

Answer.  I  arn  not.  I  have  heard  that,  in  several  counties,  land  owners  have  met  in  order 
to  establish  a  uniform  rate  of  wages ;  but  I  never  heard,  nor  do  I  know,  of  any  combination 
to  keep  down  wages,  or  establish  any  rate  which  they  did  not  think  fair.  The  means  of  pay 
ing  wages  in  Virginia  are  very  limited  now,  ahd  there  is  a  difference  of  opinion  as  to  how 
much  each  person  is  able  to  pay. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  blacks  ?  Is  there  a  general 
willingness  or  a  general  unwillingness  to  have  them  educated? 

Answer.  Where  I  am,  and  have  been,  the  people  have  exhibited  a  willingness  that  the 
blacks  should  be  educated,  and  they  express  an  opinion  that  that  would  be  better  for  the 
blacks  and  better  for  the  whites. 

Question.  General,  you  are  very  competent  to  judge  of  the  capacity  of  black  men  for  ac 
quiring  knowledge :  I  want  your  opinion  on  that  capacity,  as  compared  with  the  capacity  of 
white  men? 

Answer.  I  do  not  know  that  I  am  particularly  qualified  to  speak  on  that  subject,  as  you 
seem  to  intimate ;  but  I  do  not  think  that  he  is  as  capable  of  acquiring  knowledge  as  the 
white  man  is.  There  are  some  more  apt  than  others.  I  have  known  some  to  acquire  knowl 
edge  and  skill  in"  their  trade  or  profession.  I  have  had  servants  of  my  own  who  learned  to 
read  and  write  very  well. 

Question.  Do  they  show  a  capacity  to  obtain  knowledge  of  mathematics  and  the  exact 
sciences  ? 

Answer.  I  have  no  knowledge  on  that  subject.  I  am  merely  acquainted  with  those  who 
have  learned  the  common  rudiments  of  education. 

Question.  General,  are  you  aware  of  the  existence  among  the  blacks  of  Virginia,  any 
where  within  the  limits  of  the  State,  of  combinations  having  in  view  the  disturbance  of  the 
peace,  or  any  improper  and  unlawful  acts? 

Answer  I  am  not.  I  have  seen  no  evidence  of  it,  and  have  heard  of  none.  Wherever  I 
have  been  they  have  been  quiet  and  orderly,  not  disposed  to  work,  or  rather  not  disposed  to 
any  continuous  engagement  to  work,  but  just  very  short  jobs,  to  provide  them  with  the  im 
mediate  meajjs  of  subsistence. 

Question.  Has  the  colored  race  generally  as  great  a  love  of  money  and  property  as  the 
white  race  possesses  ? 

Answer.  I  do  not  think  it  has.  The  blacks  with  whom  I  am  acquainted  look  more  to  the 
present  time  than  to  the  future  ? 

Question.  Does  that  absence  of  a  lust  of  money  and  property  arise  more  from  the  nature  of 
the  negro  than  from  his  former  servile  condition? 

Answer.  WTell,  it  may  be,  in  some  measure;,  attributable  to  his  former  condition.  They 
are  an  amiable,  social  race.  They  like  their  ease  and  comfort,  and,  I  think,  look  more  to 
their  present  than  to  their  future  condition. 

Question.  In  the  event  of  a  war  between  the  United  States  and  any  foreign  power,  such  as 
England  or  France,  if  there  should  be  held  out  to  the  secession  portion  of  the  people  of  Vir 
ginia,  or  the  other  recently  rebel  States,  a  fair  prospect  of  gaming  their  huli-pi-mlt-iav,  and 
shaking  off  the  government  of  the  United  States,  is  it,  or  is  it  not,  your  opinion  that  they 
would  avail  themselves  of  that  opportunity  ? 

Answer.  I  cannot  speak  with  any  certainty  on  that  point.  I  do  not  know  how  far  they 
might  be  actuated  by  their(feelings.  I  have  nothing  whatever  to  base  an  opinion  upon.  So 
far  as  I  know,  they  contemplate  nothing  of  the  kind  now.  What  may  happen  in  the  future 
I  cannot  say. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  131 

Question.  Do  you  not  frequently  hear,  in  your  intercourse  with  secessionists  in  Virginia, 
expressions  of  a  hope  that  such  a  war  may  break  out  ? 

Answer.  I  cannot  say  that  I  have  heard  it.  On  the  contrary,  I  have  heard  persons  (I  do 
not  know  whether  you  would  .call  them  secessionists  or  not — I  mean  those  people  in  Virginia 
with  whom  I  associate)  express  a  hope  that  the  country  may  not  be  led  into  a  war. 

Question.  In  such  an  event,  do  you  not  think  that  many  of  that  class  of  persons  whom  I 
call  secessionists  would  join  the  common  enemy? 

Answer.  It  is  possible.     It  depends  upon  the  feelings  of  the  individual. 

Question.  If  it  is  a  fair  question,  (you  may  answer  it,  or  not,  as  you  choose,)  what,  in 
such  an  event,  might  be  your  own  choice? 

Answer.  I  have  no  disposition  now  to  do  it,  and  I  never  have  had. 

Question.  And  you  cannot  foresee  that  such  would  be  your  inclination  in  such  an  event  ? 

Answer.  No.  I  can  only  judge  by  the  past.  I  do  not  know  what  circumstances  may 
produce.  I  cannot  pretend  to  foresee  events.  So  far  as  I  know  the  feeling  of  the  people  of 
Virginia,  they  wish  for  peace. 

Question.  During  the  civil  war,  was  it  not  contemplated  by  the  government  of  the  con 
federacy  to  form  an  alliance  with  some  foreign  nation,  if  possible? 

Answer.  I  believe  it  was  their  wish  to  do  so  if  they  could.  It  was  their  wish  so  have  the 
confederate  government  recognized  as  an  independent  government.  I  have  no  doubt  that,  if 
it  could  have  made  favorable  treaties,  it  would  have  done  so.  But  I  knew  nothing  of  the 
policy  of  the  government.  I  had  no  hand  or  part  in  it.  I  merely  express  my  own  opinion. 

Question.  The  question  I  am  about  to  put  to  you  you  may  answer,  or  not,  as  you  choose: 
Did  you  take  an  oath  of  fidelity  or  allegiance  to  the  confederate  government  ? 

Arswer.  I  do  not  recollect  having  done  so;  but  it  is  possible  that,  when  I  was  commis 
sioned,  I  did.  I  do  not  recollect  whether  it  was  required.  If  it  was  required,  I  took  it;  or, 
if  it  had  been  required^!  would  have  taken  it ;  but  I  do  not  recollect  whether  it  wa  or  not. 

By  Mr.  BLOW: 

Question.  In  reference  to  the  effect  of  President  Johnson's  policy,  if  it  were  adopted, 
would  there  be  anything  like  a  return  of  the  old  feeling?  I  ask  that  because  you  used  the  ex 
pression  "acquiescing  in  the  result." 

Answer.  I  believe  it  would  take  time  for  the  feelings  of  the  people  to  be  of  that  cordial 
nature  to  the  government  that  they  were  formerly. 

Question.  Do  you  think  that  their  preference  for  that  policy  arises  from  a  desire  to  have 
peace  and  good  feeling  in  the  country,  or  from,  the  probability  of  their  regaining  political 
power  ? 

Answer.  So  far  as  I  know  the  desire  of  the  people  of  the  south,  it  is  for  the  restoration  of 
their  civil  government,  and  they  look  upon  the  policy  of  President  Johnson  as  the  one  which 
would  most  clearly  and  most  surely  re-establish  it. 

Question.  Do  you  see  any  change  among  the  poorer  classes  in  Virginia  in  reference  to  in 
dustry  ?  Are  they  as  much,  or  more,  interested  in  developing  their  material  interests  than 
they  were  ? 

Answer.  I  have  not  observed  any  change.  Every  one  now  has  to  attend  to  his  business 
for  his  support. 

Question.  The  poorer  classes  are  generally  hard  at  work,  are  they  ? 

Answer.  So  far  as  I  know,  they  are ;  I  know  nothing  to  the  contrary. 

Question.  Is  there  any  difference  in  their  relations  to  the  colored  people — is  their  prejudice 
increased  or  diminished? 

Answer.  I  have  noticed  no  change.  So  far  as  I  do  know  the  feelings  of  all  the  people  of 
Virginia,  they  are  kind  to  the  colored  people.  I  have  never  heard  any  blame  attributed  to 
them  as  to  the  present  condition  of  things,  or  any  responsibility. 

Question.  There  are  very  few  colored  laborers  employed,  I  suppose? 

Answer.  Those  who  own  farms  have  employed  them  more  or  less — one  or  two.  Some  are 
so  poor  that  they  have  to  work  themselves. 

Question.  Can  capitalists  and  workiugmen  from  the  north  go  into  any  portion  of  Virginia 
with  which  you  are  familiar  and  go  to  work  among  the  people? 

Answer.  1  do  not  know  anything  to  prevent  them.  Their  peace  and  pleasure  there  would 
depend  very  much  on  their  conduct.  If  they  confined  themselves  to  their  own  business,  and 
did  not  interfere  to  provoke  controversies  with  their  neighbors,  I  do  not  believe  they  would 
be  molested. 

Question.  There  is  no  desire  to  keep  out  labor  and  capital  ? 

Answer.  Not  that  I  know  of.  On  the  contrary,  they  are  very  anxious  to  get  capital  into 
the  State. 

Question.  You  see  nothing  of  a  disposition  to  prevent  such  a  thing? 

Answer.  I  have  seen  nothing,  and  do  not  know  of  anything.  As  I  said  before,  the  manner 
in  which  they  would  be  received  would  depend  entirely  upon  the  individuals  themselves. 
They  might  make  themselves  obnoxious,  as  you  can  understand. 

By  Mr.  HOWARD  : 

Question.  Is  there  not  a  general  dislike  of  northern  men  among  secessionists  ? 


132  RECONSTRUCTION. 

Answer.  I  suppose  they  would  prefer  not  to  associate  with  them.  I  do  not  know  that  they 
would  .select  them  as  associates. 

Question.  Do  they  avoid  and  ostracise  them  socially  ? 

Answer.  They  might  avoid  them.  They  would  not  select  them  as  associates,  unless  there 
was  some  reason  for  it.  I  do  not  know  that  they  would  associate  with  them  until  they  became 
acquainted.  I  think  it  probable  they  would  not  admit  them  into  their  social  circles. 

By  Mr.  BLOW  : 

Question.  What  is  the  position  of  the  colored  men  in  Virginia  with  reference  to  the  persons 
they  work  for  ?  Do  you  think  they  would  prefer  to  work  for  northern  men  or  for  southern 
men? 

Answer.  I  think  it  very  probable  that  they  would  prefer  the  northern  man,  although  I  have 
no  tacts  to  go  upon. 

Question.  That  having  been  stated  very  frequently  in  reference  to  the  cotton  States,  does 
it  result  from  a  fear  of  bad  treatment  on  the  part  of  the  resident  population,  or  from  the  idea 
that  they  will  be  more  fairly  treated  by  the  new-comers  ?  What  is  your  observation  in  that 
respect  in  regard  to  Virginia? 

Answer.  I  have  no  means  of  forming  an  opinion ;  I  do  not  know  any  such  case  in  Virginia ; 
I  know  of  numbers  of  the  blacks  engaging  with  their  old  masters,  and  I  know  of  a  good 
many  who  prefer  to  go  off  and  look  for  new  homes.  Whether  it  is  from  any  dislike  of  their 
former  masters,  or  from  a  desire  of  change,  or  that  they  feel  more  free  and  independent,  I  do 
not  know. 

Question.  What  is  your  opinion  in  regard  to  the  material  interests  of  Virginia?  Do  you 
think  they  will  be  equal  to  what  they  were  before  the  rebellion  under  the  changed  aspect  of 
affairs  > 

Answer.  It  will  take  a  long  time  for  them  to  reach  their  former  standard.  I  think  that  after 
some  years  they  will  reach  it,  and  I  hope  exceed  it ;  but  it  cannot  be  immediately,  in  my 
opinion. 

Question.  It  will  take  a  number  of  years  ? 

Answer.  It  will  take  a  number  of  years,  I  think. 

Question.  On  the  whole,  the' condition  of  things  in  Virginia  is  hopeful,  both  in  regard  to  its 
material  interests  and  the  future  peace  of  the  country? 

Answer.  I  have  heard  great  hope  expressed,  and  there  is  great  cheerfulness  and  willingness 
to  labor. 

Question.  Suppose  that  this  policy  of  President  Johnson  should  be  all  that  you  anticipate, 
and  that  you  should  also  realize  all  that  you  expect  in  the  improvement  of  your  material  in 
terests,  do  you  think  that  the  result  of'that  would  be  the  gradual  restoration  of  the  old  feeling  ? 

Answer.  That  would  be  the  natural  result,  I  think,  and  I  see  no  other  way  in  which  that 
result  can  be  brought  about. 

Question.  There  is  a  fear  in  the  public  mind  that  the  friends  of  the  policy  in  the  south 
adopt  it  because  they  see  in  it  the  means  of  regaining  the  political  position  which  they  lost 
in  the  recent  contest:  do  you  think  that  that  is  the  main  idea  with  them,  or  that  they  really 
look  to  it,  as  you  say,  as  the  best  means  of  restoring  civil  government  and  the  peace  and 
prosperity  of  their  respective  States  ? 

Answer.  As  to  the  first  point  you  make,  I  do  not  know  that  I  ever  heard  any  person  speak 
upon  it.  I  never  heard  the  points  separated.  I  have  heard  them  speak  generally  as  to  the 
eftect  of  the  policy  of  President  .Johnson.  The  feeling,  so  far  as  I  know,  now  is  that  there 
is  not  that  equality  extended  to  the  southern  States  as  is  enjoyed  by  the  north. 

Question.  You  do  not  feel  down  there  that  while  you  accept  the  result,  that  we  are  as  gen 
erous  as  we  ought  to  be  under  the  circumstances  ? 

Answer.  They  think  that  the  north  can  atford  to  be  generous. 

Question.  That  is  the  feeling  down  there  ? 

Answer.  Yes,  and  they  think  it  is  the  best  policy — those  who  reflect  upon  the  subject  and 
are  able  fo  judge. 

Question.  1  understand  it  to  be  your  opinion  that  generosity  and  liberality  towards  the  en 
tire  south  would  be  the  surest  means  of  regaining  their  good  opinion  ? 

Answer.  Yes,  and  the  speediest. 

By  Mr.  HOWARD  : 

Question.  I  understood  you  to  say,  generally,  that  you  had  no  apprehension  of  any  combi 
nation  among  the  leading  secessionists  to  renew  the  war,  or  anything  of  the  kind? 

Answer.  1  have  no  reason  in  the  world  to  think  so. 

Question.  Have  you  heard  that  subject  talked  oveij  among  any  of  the  politicians  ? 

Answer.  No,  sir  ;  I  have  not.     I  have  not  heard  that  matter  even  suggested. 

Question.  Let  me  put  another  hypothetical  state  of  things:  Suppose  the  executive  gov 
ernment  of  the  United  States  should  be  held  by  a  President  who,  l;ke  Mr.  Buchanan,' 
rejected  the  right  of  coercion,  so-called,  and  suppose  a  Congress  should  exist  heie  ei.tertain 
ing  the  same  political  opinions,  thus  presenting  to  the  once  rebel  States  the  opportunity 
again  to  secede  from  the  Union,  would  they  or  not,  in  your  opinion,  avail  themselves  of  that 
opportunity,  or  some  of  them  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  133 

Answer.  I  suppose  it  would  depend  upon  the  circumstances  existing  at  the  time.  If  their 
feelings  should  remain  embittered,  and  their  affections  alienated  from  the  rest  of  the  States,  I 
think  it  very  probable  they  might  do  so,  provided  they  thought  it  was  to  their  interest. 

Question.'  Do  you  not  think  that  at  the  present  time  there  is  a  deep-seated  feeling1  of  dislike 
towards  the  government  of  the  United  States  on  the  part  of  the  masses  of  the  secessionists  > 

Answer.  I  do  not  know  that  there  is  any  deep-seated  dislike.  I  think  it  is  probable  there 
may  be  some  animosity  still  existing  among  some  of  the  people  at  the  south. 

Question.  Is  there  not  a  deep-seated  feeling  of  disappointment  and  chagrin  at  the  result  of 
the  war  ? 

Answer.  I  think  that,  at  the  time,  they  were  disappointed  at  the  result  of  the  war. 

Question.  Do  you  mean  to  be  understood  as  saying  that  there  is  not  a  condition  of  discon 
tent  against  the  government  of  the  United  States  among  the  secessionists  generally  ? 

Answer.  I  know  of  none. 

Question.  Are  you  prepared  to  say  that  they  respect  the  government  of  the  United  States 
and  the  loyal  people  of  the  United  States  so  much,  at  the  present  time,  as  to  perform  their 
duties  as  citizens  ^of  the  United  States  and  of  the  States  faithfully  and  well  ? 

Answer.  I  believe  that  they  will  perform  all  the  duties  that  they  are  required  to  perform. 
I  think  that  is  the  general  feeling,  so  far  as  I  know. 

Question.  Do  you  think  that  it  would  be  practicable  to  convict  a  man  in  Virginia  of 
treason  for  having  taken  part  in  this  rebellion  against  the  government,  by  a  Virginia  jury, 
without  packing  it  with  direct  reference  to  a  verdict  of  gnilty  ? 

Answer.  On  that  point  I  have  no  knowledge,  and  I  do  not  know  what  they  would  con 
sider  treason  against  the  United  States.  If  you  mean  past  acts 

Mr.  HOWARD.  Yes,  sir. 

WITNESS.  I  have  no  knowledge  as  to  what  their  views  on  that  subject  in  .the  past  are. 

Question.  You  understand  my  question  :  Suppose  a  jury  was  impanelled  in  your  own 
neighborhood,  taken  up  by  lot;  would  it  be  practicable  to  convict,  for  instance,  Jefferson 
Davis  for  having  levied  war  upon  the  United  States,  and  thus  having  committed  the  crime 
of  treason  ? 

Answer.  I  think  it  is  very  probable  that  they  would^  not  consider  he  had  committed 
treason. 

Question.  Suppose  the  jury  should  be  clearly  and  plainly  instructed  by  the  court  that 
such  an  act  of  war  upon  the  United  States,  on  the  part  of  Mr.  Davis,  or  any  other  leading 
man,  constituted  in  itself  the  crime  of  treason  under  the  Constitution  of  the  United  States  ; 
would  the  jury  be  likely  to  heed  that  instruction,  and  if  the  facts  were  plainly  in  proof 
before  them,  convict  the  offender? 

Answer.  I  do  not  kno\v,  sir,  what  they  would  do  on  that  question. 

Question.  They  do  not  generally  suppose  that  it  was  treason  against  the  United  States,  do 
they? 

Answer.  I  do  not  think  that  they  so  consider  it. 

Question.  In  what  light  would  they  view  it?  What  would  be  their  excuse  or  justifica 
tion?  How  would  they  escape  in  their  own  mind?  I  refer  to  the  past. 

Answer.  I  am  referring  to  the  past  and  as  to  the  feelings  they  would  have.  So  far  as  I 
know,  they  look  upon  the  action  of  the  State,  in  withdrawing  itself  from  the  government  of 
the  United  States,  as  carrying  the  individuals  of  the  State  along  with  it;  that  the  State  was 
responsible  for  the  act,  not  the  individual. 

Question.  And  that  the  ordinance  of  secession,  so-called,  or  those  acts  of  the  State  which 
recognized  a  condition  of  war  between  the  State  and  the  general  government,  stood  as  their 
justification  for  their  bearing  arms  against  the  government  of  the  United  States? 

Answer.  Yes,  sir.  I  think  they  considered  the  act  of  the  State  as  legitimate ;  that  they 
were  merely  using  the  reserved  right  which  they  had  a  right  to  do. 

Question.  State,  if  you  please,  (and  if  you  are  disinclined  to  answer  the  question  you  need 
not  do  so, )  what  your  own  personal  view^  on  that  question  were  ? 

Answer.  That  was  my  view;  that  the  act  of  Virginia,  in  withdrawing  herself  •from  the 
United  States,  carried  me  along  as  a  citizen  of  Virginia,  and  that  her  laws  and  her  acts  were 
binding  on  me. 

Question.  And  that  you  felt  to  be  your  justification  in  taking  the  course  you  did? 

Answer.  Yes,  sir. 

Question.  I  have  been  told,  general,  that  you  have  remarked  to  some  of  your  friends  in 
conversation  that  you  were  rather  wheedled  or  cheated  into  that  course  by  politicians? 

Answer.  I  do  not  recollect  making  any  such  remark.     I  do  not  think  I  ever  made  it. 

Question.  If  there  be  any  other  matter  about  which  you  wish  to  speak  on  this  occasion, 
do  so  freely. 

Answer.  Only  in  reference  to  that  last  question  you  put  to  me.  I  may  have  said,  and  I 
may  have  believed,  that  the  position  of  the  two  sections  which  they  held  to  each  other  was 
brought  about  by  the  politicians  of  the  country  ;  that  the  great  masses  of  the  people,  if  they 
understood  the  real  question,  Avould  have  avoided  it ;  but  not  that  I  had  been  individually 
wheedled  by  the  politicians. 

Question.  That  is  probably  the  origin  of  the  whole  thing  ? 

Answer.  I  may  have  said  that ;  but  I  do  not  even  recollect  that.     But  I  did  believe  at  the 


134  RECONSTRUCTION. 

time  that  it  was  an  unncessary  condition  of  affairs,  and  might  have  been  avoided  if  forbear 
ance  and  wisdom  had  been  practiced  on  both  sides. 

Question.  You  say  that  you  do  not  recollect  having  sworn  allegiance  and  fidelity  to  the 
confederate  government? 

Answer.  I  do  not  recollect  it,  nor  do  I  know  that  it  was  ever  required.  I  was  regularly 
commissioned  in  the  army  of  the  Confederate  States,  but  I  really  do  not  recollect  that  that 
oath  was  required.  If  it  was  required,  I  have  no  doubt  I  took  it ;  or  if  it  had  been  required, 
I  would  have  taken  it. 

Question.  Is  there  any  other  matter  which  you  desire  to  state  to  the  committee  ? 

Answer.  No,  sir ;  I  am  ready  'to  answer  any  question  which  you  think  proper  to  put  to 
me. 

Question.  How  would  an  amendment  to  the  Constitution  be  received  by  the  secessionists, 
or  by  the  people  at  large,  allowing  the  colored  people  or  certain  classes  of  them  to  exercise 
the  right  of  voting  at  elections  ? 

Answer.  I  think,  so  far  as  I  can  form  an  opinion,  in  such  an  event  they  would  object. 

Question.  They  would  object  to  such  an  amendment? 

Answer.  Yes,  sir. 

Question.  Suppose  an  amendment  should,  nevertheless,  be  adopted,  conferring  on  the 
blacks  the  right  of  suffrage,  would  that,  in  your  opinion,  lead  to  scenes  of  violence  and 
breaches  of  the  peace  between  the  two  races  in  Virginia? 

Answer.  I  think  it  would  excite  unfriendly  feelings  between  the  two  races.  I  cannot  pre 
tend  to  say  to  what  extent  it  would  go,  but  that  would  be  the  result. 

Question,  Are  you  acquainted  with  the  proposed  amendment  now  pending  in  the  Senate 
of  the  United  States  ? 

Answer.  No,  sir ;  I  am  not.  I  scarcely  ever  read  a  paper.  [The  substance  of  the  pro 
posed  amendment  was  here  explained  to  the  witness  by  Mr.  CONKLING.  ]  So  far  as  I  can 
see,  I  do  not  think  the  State  ot  Virginia  would  object  to  it. 

Question.  Would  she  consent,  under  any  circumstances,  to  allow  the  black  people  to  vote, 
even  if  she  were  to  gain  a  larger  number  of  representatives  in  Congress  ? 

Answer.  That  would  depend  upon  her  interests.  If  she  had  the  right  of  determining  that, 
I  do  not  see  why  she  should  object.  If  it  were  to  her  interest  to  admit  these  people  to  vote, 
that  might  overrule  any  other  objection  that  she  had  to  it. 

Question.  "What,  in  your  opinion,  would  be  the  practical  result?  Do  you  think  that  Vir 
ginia  would  consent  to  allow  the  negro  to  vote  ? 

Answer.  I  think  that,  at  present,  she  would  accept  the  smaller  representation.  I  do  not 
know  what  the  future  may  develop.  If  it  should  be  plain  to  her  that  these  persons  will  vote 
properly  and  understandingly,  she  might  admit  them  to  vote. 

By  Mr.  BLOW  : 

Question.  Do  you  not  think  it  would  turn  a  good  deal,  in  the  cotton  States,  upon  the 
value  of  the  labor  of  the  black  people — upon  the  amount  which  they  produce? 

Answer.  In  a  good  many  States  in  the  south,  and  in  a  good  many  counties  in  Virginia, 
if  the  black  people  now  were  allowed  to  vote,  it  would,  I  think,  exclude  proper  representa 
tion  ;  that  is,  proper,  intelligent  people  would  not  be  elected ;  and  rather  than  suffer  that 
injury  they  would  not  let  them  vote  at  all. 

Question.  Do  you  not  think  that  the  question,  as  to  whether  any  southern  State  would 
allow  the  colored  people  the  right  of  suffrage  in  order  to  increase  representation,  would  de 
pend  a  good  deal  on  the  amount  which  the  colored  people  might  contribute  to  the  wealth  of 
the  State  in  order  to  secure  two  things  :  first,  the  larger  representation,  and,  second,  the  in 
fluence  derived  from  these  persons  voting? 

Answer.  I  think  they  would  determine  the  question  more  in  reference  to  their  opinion  as 
to  the  manner  in  which  those  votes  would  be  exercised,  whether  they  consider  those  people 
qualified  to  vote.  My  own  opinion  is,  that,  at  this  time,  they  cannot  vote  intelligently,  and 
that  giving  them  the  right  of  suffrage  would  open  the  door  to  a  great  deal  of  deniagogism, 
and  lead  to  embarrassments  in  various  ways.  What  the  future  may  prove,  how  intelligent 
they  may  become,  with  what  eyes  they  may  look  upon  the  interests  of  the  State  in  which 
they  may  reside,  I  cannot  say  more  than  you  can. 

Question.  Is  there  any  sympathy  felt  in  the  south  for  those  schemes  of  emigration  to 
Mexico? 

Answer.  I  believe  that  the  masses  of  the  people  have  not  any  sympathy  with  them.  There 
are  individuals  who  think  that  their  interest  would  be  benefited,  and,  touted,  that  their  pros 
pects  at  home  are  so  poor  now  that  it  is  like  losing  their  lives  to  remain.  That  feeling  was 
stronger  at  the  first  cessation  of  hostilities  than  it  is  now.  At  this  time  it  seems  to  be  sub 
siding. 

By  Mr.  HOWARD  : 

Question.  I  will  put  one  question  to  you  to  which  you  may  respond  cr  not,  as  you  please  : 
I  wish  to  inquire  whether  you  had  any  knowledge,  while  you  were  in  command  at  Rich 
mond,  of  the  cruelties  practiced  towards  the  Union  prisoners  Tit  Libby  prison  and  Belle  Isle? 

Answer.  I  never  knew  that  any  cruelty  was  practiced,  and  I  have  no  reason  to  believe 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA,  135 

that  it  was  practiced.  I  can  believe,  and  I  had  reason  to  believe,  that  privations  may  have 
been  experienced  among  the  prisoners,  because  I  know  that  provisions  and  shelter  could  not 
be  provided  them. 

Question.  Were  you  not  aware  that  those  prisoners  were  dying  from  cold  and  starvation  ? 

Answer.  I  was  not. 

Mr.  HOWARD.  I  desire  that  you  shall  speak  your  mind  fully  and  freely  on  this  subject, 
for  it  is  useless  to  conceal  from  you  the  fact  that  those  scenes  have  created  a  sad  feeling  in 
the  hearts  of  the  people  at  the  north. 

Answer.  As  regards  myself,  I  never  had  any  control  over  the  prisoners,  except  those  that 
were  captured  on  the  field  of  battle.  Them  it  was  my  business  to  send  to  Richmond  to  the 
proper  officer,  who  was  then  the  provost  marshal  general.  In  regard  to  their  disposition 
afterwards  I  had  no  control.  I  never  gave  an  order  about  it.  It  was  entirely  in  the  hands 
of  the  War  Department. 

Question.  And  not  in  your  hands  ? 

Answer.  Not  in  mine. 

Question.  Did  these  scenes  come  at  all  to  your  knowledge  ? 

Answer.  Never.  No  report  was  ever  made  to  me  about  them  ;  there  was  no  call  for  any 
to  be  made  to  me.  I  did  hear  (it  was  mere  hearsay)  that  statements  had  been  made  to  the 
war  department,  and  that  everything  had  been  done  to  relieve  them  that  could  be  done ; 
even,  finally,  so  far  as  to  offer  to  send  them  to  some  points  (Charleston  was  one  point  named) 
if  they  would  be  received  by  the  United  States  authorities  and  taken  to  their  homes  ;  but 
whether  that  is  true  or  not  I  do  not  know ;  it  was  merely  a  report  that  I  heard. 

Question.  Were  you  in  the  same  ignorance  of  the  scenes  at  Andersonville  and  Salisbury  ? 

Answer.  I  never  knew  who  commanded  at  Andersonville  until  I  saw  by  the  papers,  after 
the  cessation  of  hostilities,  that  Captain  Wirz  had  been  arrested  on  that  account,  nor  do  I 
know  now  who  commanded  at  Salisbury. 

Question.  And  of  course  you  knew  nothing  of  the  scenes  of  cruelty,  about  which  complaints 
have  been  made,  at  those  places  ? 

Answer.  Nothing  in  the  world.  As  I  said  before,  I  suppose  they  suffered  from  the  want  of 
ability  on  the  part  of  the  Confederate  States  to  supply  their  wants.  At  the  very  beginning 
of  the  war  I  knew  that  there  were  sufferings  of  prisoners  on  both  sides,  but,  as  far  as  I  could, 
I  did  everything  in  my  power  to  relieve  them,  and  urged  the  establishment  of  the  cartel  which 
was  established. 

By  Mr.  BLOW  : 

Question.  It  has  been  frequently  asserted  that  the  confederate  soldiers  feel  more  kindly 
toward  the  government  of  the  United  States  'fcan  any  other  portion  of  the  people  of  the 
south.  What  is  your  observation  on  that  point  ? 

Answer.  From  the  confederate  soldiers  I  haye  heard  no  expression  of  any  other  opinion. 
They  looked  upon  the  war  as  a  necessary  evil  and  went  through  it.  I  have  seen  them  re 
lieve  the  wants  of  federal  soldiers  on  the  field.  The  orders  always  were  that  the  whole  field 
should  be  treated  alike.  Parties  were  sent  out  to  take  in  the  federal  wounded  as  well  as  the 
confederate,  and  the  surgeons  were  told  to  treat  the  one  as  they  did  the  other.  These  orders 
have  been  given  by  me  repeatedly  on  every  field. 

Question.  Do  you  think:  that  the  good  feeling  on  their  part  toward  the  rest  of  the  people 
has  continued  since  the  close  of  the  war? 

Answer.  I  know  nothing  to  the  contrary.  I  made  several  efforts  to  exchange  the  prisoners 
after  the  cartel  was  suspended ;  I  did  not  know  why  it  was  suspended  ;  I  do  not  know  to 
this  day  which  side  took  the  initiative  ;  I  knew  that  there  were  constant  complaints  made  on 
both  sides ;  I  merely  knew  it  from  public  rumor.  I  offered  to  General  Grant,  around , 
Richmond,  that  we  should  ourselves  exchange  all  the  prisoners  in  our  hands.  There  was  a 
committee  from  the  Christian  Association,  I  think,  which  reached  Petersburg  and  made  an 
application  to  me  for  a  passport  toj  visit  all  the  prisons  at  the  south.  My  letter  to  them  I 
suppose  they  have.  I  told  them  that  I  had  not  that  authority ;  that  it  could  be  only  ob 
tained  from  the  war  department  at  Richmond,  but  that  neither  they  nor  I  could  relieve  the 
sufferings  of  the  prisoners  ;  that  the  only  thing  to  be  done  for  them  was  to  exchange  them  ; 
and  to  show  that  I  would  do  whatever  was  in  my  power,  I  offered  then  to  send  to  City  Point 
all  the  prisoners  in  Virginia  arid  North  Carolina,  over  which  my  command  extended,  pro 
vided  they  returned  an  equal  number  of  mine,  man  for  man.  I  reported  this  to  the  war 
department,  and  received  an  answer  that  they  would  place  at  my  command  all  the  prisoners 
at  the  south,  if  the  proposition  was  accepted.  1  heard  nothing  more  on  the  subject. 

Question.  Has  there  been  any  considerable  change  in  the  number  of  the  negro  population 
in  Virginia  during  the  I3st  four  years  ? 

Answer.  I  suppose  it  has  diminished,  but  I  do  not  know. 

Question.  Diminished  in  consequence  of  more  negroes  going  south  than  was  made  up  by 
the  natural  increase  ? 

Answer.  My  general  opinion  is  that  the  number  has  diminished,  and  for  the  reason  you  give. 

Question.  I  suppose  that  the  mass  of  the  negroes  in  Virginia,  at  the  present  time,  are  able 
to  work  ;  that  there  are  not  many  helpless  ones  among  them  ? 

Answer.  There  are  helpless  ones,  certainly,  but  I  do  not  know  to  what  extent. 


136  RECONSTRUCTION. 

Question.  What  is  jour  opinion  about  itn  being  an  advantage  to  Virginia  to  keep  them 
there  at  all.  Do  you  not  think  that  Virginia  would  be  better  off  if  the  colored  population  were 
to  go  to  Alabama,  Louisiana,  and  the  other  .southern  States  .' 

Answer.  I  think  it  would  be  better  for  Virginia  if  she  could  get  rid  of  them.  That  is  no 
new  opinion  with  me.  I  have  always  thought  so,  and  have  always  been  in  favor  of  eman 
cipation — gradual  emancipation. 

Question.  As  a  question  of  labor  alone,  do  you  not  think  that  the  labor  which  would  flow 
into  Virginia,  if  the  negroes  left  it  for  the  cotton  States,  would  be  far  more  advantageous  to 
the  State  and  to  its  future  prosperity  ? 

Answer.  I  think  it  would  be  for  the  benefit  of  Virginia,  and  I  believe  that  everybody  there 
would  be  willing  to  aid  it. 

Question.  Do  you  not  think  that  the  State  of  Virginia  is  absolutely  injured  and  its  future 
impaired  by  the  presence  of  the  black  population  there  ? 

Answer.  I  think  it  is. 

Question.  And  do  you  not  think  it  is  peculiarly  adapted  to  the  quality  of  labor  which 
would  flow,  into  it,  from  its  great  natural  resources,  in  case  it-  was  rimde  more' attractive  by  the 
absence  of  the  colored  race  ? 

Answer.  I  do. 


WASHINGTON,  February  17,  1866. 

Doctor  Charles  S.  Mills  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

Answer.  In  Richmond,  Virginia. 

Question.  Are  you  a  native  Virginian  ? 

Answer.  Yes. 

Question.  How  old  are  you  ? 

Answer.  Fifty-three  years. 

Question.  State  whether  you  have  been  a  Unionist  or  the  opposite  ? 

Answer.  I  was  opposed  to  secession. 

Question.  Have  you  taken  any  part  in  the  war? 

Answer.  No,  sir ;  I  have  taken  no  part  in  it. 

Question.  How  extensive  is  your  acquaintance  in  Virginia  ? 

Answer.  My  acquaintance  is  principally  local.  It  is  not  very  extensive,  having  no  con 
nexion  with  politics  in  any  manner.  1  was  a. private  citizen,  a  practitioner  of  medicine,  up 
to  the  commencement  of  the  war,  and  I  afterwards  took  charge,  as  president,  of  a  large  coal 
mining  company. 

Question.  State  what  is  the  feeling  among  the  secessionists  generally,  so  far  as  your  ob 
servation  extends,  towards  the  government  of  the  United  States  ? 

Answer.  There  is  a  feeling,  as  they  express  it,  of  acquiescence  in  the  determination  of  the 
war.  I  believe  there  is  no  disposition  at  all  on  their  part  to  recommence  hostilities.  They 
see,  in  the  first  place,  the  utter  futility  of  such  a  thing.  Their  condition  is  such  that  there  is 
no  hope  of  success,  and  no  means  to  carry  on  the  war.  As  to  their  feeling  towards  the 
United  States,  so  far  as  my  acquaintance  goes,  they  feel  very  sore  on  the  subject.  I  think 
they  have  no  real  love  for  the  Union  of  the  States. 

Question.  Suppose  they  had  another  opportunity  to  get  out  of  the  Union,  would  they 
embrace  it  ? 

Answer.  With  regard  to  the  people  generally,  uninfluenced  and  unbiased  by  the  politicians 
who  have  had  control  of  Virginia,  I  think  they  would  not;  and  the  politicians  I  think  would 
not,  provided  they  had  the  control  of  the  federal  government.  I  believe  they  would  be 
satisfied  under  any  circumstances,  provided  they  had  the  control. 

Question.  They  would  consider  that  reasonable,  I  suppose  ? 

Aii.sAver.  Yes,  sir;  but  I  believe  that  a  great  many  of  them  would  be  glad  of  an  oppor 
tunity  to  rid  themselves  of  their  allegiance  and  obligations  to  the  United  States  government. 

Question.  You  heard  the  question  put  to  General  Lee  on  the  subject  of  war  between  this 
country  and  a  foreign  power  ? 

Answer.  Yes. 

Question.  And  you  heard  his  answer  ? 

Answer.  Yes. 

Question.  What  is  your  idea  about  that  ? 

Answer.  It  is  pretty  much  the  same.  I  believe  that  many  at  the  south  would  be  very 
glad  to  embrace  an  opportunity  to  go  to  war  if  there  was  a  prospect  of  their  throwing  oft 
their  allegiance  to  the  United  States  government.  To  what  extent  that  feeling  prevails 
through  the  country  I  am  unable  to  say,  because  for  the  last  six  years  I  have  been  confined 
principally  to  Richmond  and  the  immediate  neighborhood. 

Question.  Have  you  reason  to  believe  that  that  feeling  is  pretty  extensive  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  137 

Answer.  It  is  pretty  extensive,  I  think,  in  Richmond. 

Question.  Can  a  Union  man  be  elected  to  office  anywhere  in  Virginia? 

Answer.  I  do  not  believe  that  a  man  who  has  occupied  the  position  of  a  Union  man  during 
the  war  can  be  elected  to  any  office,  either  of  profit  or  honor,  in  Virginia ;  that  is,  if  the  people 
are  left  entirely  to  exercise  their  own  preference  on  the  subject,  unrestrained  by  any  other 
influence. 

Question.  How  large  a  proportion  of  the  people  in  that  State  are  Unionists,  so  far  as  your 
observation  has  extended — one  out  of  a  hundred  ? 

Answer.  No,  sir;  I  hardly  think  as  many  as  that.  -In  Richmond  I  know  a  good  many 
who  were  Unionists,  who  were  opposed  to  secession,  but  who  were  compelled  from  necessity 
to  be  very  quiet  during  the  existence  of  the  war,  from  prudential  considerations.  Still,  they 
knew  each  other  and  spoke  their  sentiments  very  freely  to  each  other,  and  in  that  way  I 
knew  most  of  those  who  were  Union  men.  L-was  in  the  habit  of  speaking  more  freely  my 
self  than  almost  any  one  else  during  the  war,  and  consequently  I  was  generally  known  as  a 
Union  man  throughout.  In  1861,  having  occupied  some  little  position  in  Richmond,  and 
being  personally  popular  there,  I  was,  at  the  suggestion  of  some  friends,  brought  out  as  a 
Union  candidate  for  the  mayoralty  of  the  city.  I  believe  that  up  to  that  time,  and  on  any 
other  issue,  I  could  have  been  elected  to  almost  any  post  in  the  city ;  but  I  was,  of  course, 
defeated.  I  knew  that  I  would  be  on  that  issue. 

Question.  Were  you  defeated  by  a  large  majority? 

Answer.  Yes,  sir ;  by  a  very  large  majority.  Those  who  voted  for  me  were,  I  believe, 
one-third  of  the  whole  number  of  voters.  To  show  the  extent  of  the  feeling  which  existed 
at  that  time,  I  may  mention  that  a  good  many  who  voted  against  me  were  my  warmest  friends, 
arid  stated  that  on  any  other  issue  they  would  have  voted  for  me. 

Question.  Is  there  any  other  fact  or  circumstance  occurring  to,  your  mind,  and  which  you 
would  like  to  relate. 

Answer.  Nothing  at  all,  sir. 

Question.  How  do  the  secessionists  in  Virginia  feel  towards  the  freedmen? 

Answer.  I  do  not  know  that  there  is  any  feeling  of  hostility  against  them  at  all,  although 
they  think  that  they  have  been  at  a  very  heavy  loss  in  having  their  slaves  taken  from  them. 

Question.  Is  there  an  unwillingness  among  them  to  have  the  blacks  educated  ? 

Answer.  I  am  unable  to  say.  There  is  a  diversity  of  opinion  on  the  subject.  I  believe 
that  the  more  intelligent  portion  of  the  community  desire  to  have  them  educated. 

Question.  Would  they  consent  to  be  taxed  for  that  purpose  ? 

Answer.  I  would  not  like  to  say. 

Question.  You  think  not? 

Answer.  I  think  that  they  would  not  be  willing  to  be  taxed. 

Question.  Suppose  they  were  taxed  in  common  with  the  blacks,  or  suppose  the  blacks 
should  bear  their  fair  proportion,  and  even  more  than  their  fair  proportion,  of  the  taxation 
which  might  be  necessary  to  promote  education  among  the  blacks,  would  they  consent  even 
to  that?  . 

Answer.  I  do  not  know  that  I  can  answer  that  question.  I  never  had  much  conversation 
on  the  subject.  But  I  belie-ve  there  is  a  disposition  generally  among  the  former  owners  of  the 
blacks  to  have  them  educated.  I  say  that  from  the  fact  that  I  know  several  members  of 
families  who  are  now  educating  their  former  slaves,  teaching  them  to  read  and  write.  It 
generally  devolves  upon  young  ladies.  They  are  now  devoting  a  portion  of  their  time,  at 
intervals,  to  this  purpose. 

Question.  Do-  you  think  it  practicable  to  have  a  convention  called  in  Virginia,  and  your 
constitution  and  laws  amended  in  such  a  way  as  to  restrict  the  right  of  suffrage,  as  now 
exercised  among  the  whites,  by  imposing  qualifications  which  would  exclude  portions  of  the 
white  population  from  the  right  of  suffrage  which  they  now  enjoy? 

Answer.  I  do  not  know.  The  question  has  been  discussed  to  a  limited  extent  with  regard 
to  limiting  the  franchise ;  and  the  disposition  to  do  so  is  pretty  extensive — to  carry  it  back  as 
near  as  possible  to  the  basis  which  prevailed  previously  to  1829. 

Question.  What  was  that  ? 

Answer.  That  was  a  freehold  basis,  I  think,  of  twenty-five  acres  of  land,  or  the  value  of 
one  hundred  dollars.  I  am  not  sure  in  regard  to  that.  It  was  in  the  first'  constitution  that 
existed  in  Virginia  up  to  1829.  It  was  then  changed,  and  the  franchise  extended.  I  be 
lieve  there  is  a  general  disposition  now  among  the  people,  not  among  the  politicians,  to  limit 
the  franchise. 

Question.  Do  you  think  the  blacks  can  be  allowed  the  privilege  of  voting  in  Virginia  by 
any  convention  or  legislature  that  may  be  got  together  ? 

Answer.  No,  sir.  I  do  not  think  that  any  convention  would  ever  extend  the  right  of  suffrage 
to  the  blacks,  of  its  own  accord,  voluntarily. 

Question.  Is  that  feeling  of  repugnance  to  the  exercise  of  the  right  of  suffrage  by  the 
blacks  apparently  increasing  or  diminishing  among  the  people  of  Virginia  ? 
^  Answer.  I  do  not  know  that  any  change  has  taken  place.     There  has  always  been  oppo 
sition  to  the  right  of  suffrage  being  enjoyed  by  the  blacks. 

Question.  Is  that  feeling  apparently  universal  among  the  whites  ? 

Answer.   Pretty  universal.    If  the  right  were  to  be  unirersal  suffrage,  I  dare  say  the  feel- 


138  RECONSTRUCTION. 

ing  would  be  universal|;  but  if  "there  was  a  property  qualification  connected  with  it,  I  think 
a  great  many  would  probably  be  willing  to  admit  the  blacks  to  vote  on  a  property  qualifica 
tion. 

Question.  You  think  they  would  consent  to  that  far  more  freely  than  to  universal  suffrage  ? 

Answer.  Yes,  sir. 

Question.  How  would  they  regard  a  qualification  based  on  education — for  instance,  on  a 
knowledge  of  reading  and  writing  among  the  blacks? 

Answer.  I  do  not  know.  They  would  prefer  that,  of  course,  to  universal  suffrage  among 
the  blacks ;  but  I  think  that  they  would  prefer  a  propejty  qualification.  I  think  that  if 
there  should  be  any  limit  put  to  the  franchise  it  would  be  with  a  view  rather  of  excluding  the 
blacks — that  is,  to  raise  the  franchise  so  that  very  few  blacks  would  obtain  it,  although  a 
good  many  whites  might  be  excluded  with  them  ;  but  I  do  not  know  that  even  that  is  prac 
ticable  in  Virginia  at  present.  I  think  that  those  who  control  the  State  are  disposed  to  con 
tinue  the  system  of  universal  suffrage,  at  least  so  far  as  the  whites  are  concerned,  because, 
by  that  system  they  keep  in  power. 

Question.  How  are  Union  men  generally  treated  among  the  secessionists  in  Virginia— I 
mean  the  native  Unionists  ? 

Answer.  I  do  not  know  that  any  change  has  taken  place  at  all  with  regard  to  them  so 
cially,  excepting  in  a  few  instances. 

Question.  Are  they  not  almost  universally  proscribed  so  far  as  political  honors  are  con 
cerned  ? 

Answer.  Oh  yes,  completely. 

Question.  How  are  Unionists  from  the  northern  States  treated  there? 

Answer.  I  can  only  tell  you  from  what  I  know  of  the  federal  officers  who  are  there.  I 
believe  there  is  no  social  intercourse  at  all  between  them  and  the  citizens.  In  the  few  instances 
in  which  they  have  been  admitted  into  families  there  has  been  a  very  bad  feeling  created 
on  the  part  of  the  rest  of  the  citizens  towards  the  members  of  those  families.  That  I  know 
to  exist  to  a  great  extent  in  the  city  of  Richmond. 

Question.  How  do  they  feel  in  regard  to  the  settlement  of  northern  people  among  them? 

Answer.  I  think  they  would  generally  prefer  any  other  settlers.  They  would  have  no 
objection  to  them ;  but  I  think  that,  generally,  in  many  portions  of  Virginia,  their  situation 
would  be  unpleasant. 

Question.  Would  they  be  subjected  to  ill-treatment  or  violence  ? 

Answer.  No,  sir,  not  at  all ;  merely  to  social  proscription. 

Question.  What  degree  of  justice  would  northern  people  be  likely  to  obtain  in  the  State 
courts  ? 
^  Answer.  I  think  they  would  obtain  justice. 

Question.  Can  a  jury  be  impanelled  in  Virginia  which  would  convict  a  ringleader,  who 
had  been  a  traitor  during  the  past  wary  of  treason  ? 

Answer.  I  think  not. 

Question.  What  schemes  do  the  leading  secessionists  harbor  down  there  ?  What  is  their 
idea  ?  What  is  their  great  object  1 

Answer.  I  am  not  sufficiently  acquainted  with  political  men  to  say.  I  have  very  little  in 
tercourse  with  them.  They  profess  to  sustain  President  Johnson's  policy,  whatever  that  is. 

Question.  They  like  President  Johnson  much  better  than  they  do  the  loyal  people  of  the 
north  ? 

Answer.  President  Johnson  states  very  distinctly  that  none  but  loyal  men  shall  be  elected 
to  office.  I  think  he  stated  that  in  his  interview  with  the  Virginia  committee  that  came  on 
recently ;  and,  of  course,  they  sustain  President  Johnson  in  that  opinion.  At  least  they  pro 
fess  to  do  so.  But  that  depends  on  the  interpretation  put  upon  the  word  "loyal." 

Question.  What  interpretation  do  they  put  upon  it? 

Answer.  I  think  that  they  consider  a  man  who  has  taken  the  oath  of  allegiance  as  not  only 
a  reconstructed  citizen  of  the  United  States,  but  a  loyal  man. 

Question.  And  a  Unionist  who  has  not  had  occasion  to  take  that  oath  at  all,  they  consider 
as  what  ? 

Answer.  I  do  not  know.     They  proscribe  him. 

Question.  They  do  not  consider  that  he  belongs  to  the  category,  do  they? 

Answer  I  do  not' know  that  they  would  consider  him  disloyal  at  all. 

Question.  But  they  would  not  like  him  much  / 

Answer.  I  think  the  majority  of  them  would  not ;  that  is,  they  vrould  not  be  willing  to 
confer  upon  him  any  post  of  honor  or  profit. 

Question.  You  have  observed  something  of  the  effect  which  Mr.  Johnson's  liberal  policy 
towards  the  rebels  and  the  rebel  States  has  had  on  the  minds  of  the  secessionists.  State  the 
effect.  Has  it  made  them  more,  or  less,  respectful  to  the  government  of  the  United  States  ? 

Answer.  I  have  been  so  long  observant  of  the  course  of  the  politicians  of  Virginia  that  I 
expected  it  would  have  exactly  the  effect  it  has  had.  They  are  willing,  I  believe,  to  adopt 
any  policy,  almost,  that  will  keep  them  in  power,  and  give  them  power.  I  think  that  it 
would  have  been  better  (and  I  so  stated  to  Governor  Peirpoint  and  others)  to  have  kept 
things  in  abeyance,  as  it  were,  some  time  at  least;  to  have  withheld  amnesty  from  those 
who  had  been  active  in  thrusting  the  State  of  Virginia  out  of  the  Union ;  to  have  withheld 


VIRGINIA— NORTH   CAROLINA — SOUTH   CAROLINA.  139 

their  pardons  until  the  State  was  restored.  I  think  that  they  would  have  co-operated  much 
more  cordially,  would  have  worked  more  heartily,  for  a  proper  restoration  of  the  State,  than 
they  have  done  since,  or  will  do  since  they  obtained  their  pardons. 

Question.  Has  this  liberality  made  them  more,  or  less,  contemptuous  towards  the  govern 
ment  and  laws  of  the  United  States — not  towards  President  Johnson? 

Answer.  I  do  not  know  that  it  has  really  changed  their  feelings  at  all.  But  the  pardon 
has  given  them  an  opportunity  to  give  utterance  to,  and  exhibt  the  true  state  of,  their  feelings, 
more  than  they  could  have  done  or  would  have  done  had  they  not  been  pardoned. 

Question.  Have  you  any  reason  to  apprehend  that  any  portion  of  them  still  entertain  the 
scheme  of  secession  from  the  United  States,  or  the  repudiation  of  the  debt  of  the  United  States, 
or  the  assumption  and  payment  of  the  confederate  debt  ? 

Answer.  No,  sir.  I  think  there  is  no  feeling  in  favor  of  secession  now.  They  consider 
that  as  a  matter  perfectly  settled,  unless  probably  the  country  were  to  become  involved  in  a 
foreign  war.  Then,  I  think,  it  is  probable  that  a  great  many  of  them  would  like  to  embrace 
the  opportunity  of  throwing  off  their  allegiance  to  the  United  States.  To  what  extent  that 
feeling  exists  I  cannot  say.  In  my  intercourse  with  the  people  I  have  heard  it  frequently 
uttered.  With  regard  to  the  repudiation  of  the  debt,  the  people  of  the  south  are  scarcely  in  a 
condition  to  pay  taxes  at  all  at  present.  It  is  very  burdensome  on  them.  They  have  lost 
nearly  everything  they  had.  I  think  they  would  be  almost  as  willing  to  repudiate  the  con 
federate  debt  as  the  United  States  debt. 

Question.  Would  they  get  rid  of  them  both  if  they  could,  think  you  ? 

Answer.    I  think  they  would  get  rid  of  both  if  they  could. 

Question.  Do  you  think  that  that  is  their  ultimate  aim  ? 

Answer.  I  have  heard  an  expression  of  opinion  to  that  effect,  not  among  the  men  of  influ  • 
ence  but  among  the  people,  that  if  the  south  could  manage  to  get  control  of  the  government 
again  they  would  repudiate  both  debts :  that,  as  they  had  been  forced  to  repudiate  their  own 
debt,  they  would  repudiate  that  of  the  United  States. 

Question.  How  do  they  propose  to  get  possession  of  the  government  ?  What  is  to  be 
the  machinery  by  which  they  are  to  fasten  themselves  upon  it  as  engineers  ? 

Answer.  They  expect  to  get  control  of  it  by  getting  back  into  the  Congress  of  the  United 
States,  and  acting  with  that  portion  of  northern  citizens  who  have  always  been  considered 
natural  allies  of  the  south. 

Question.  What  is  the  name  commonly  given  to  that  portion  of  northern  citizens  ? 

Answer.  The  democratic  party  of  the  north. 

Question.  Sometimes  called  copperheads  1 

Answer.  The  reconstruction  of  the  democratic  party  would  probably  give  the  south  again 
control  of  the  government  of  the  United  States.  I  really  believe  that  they  think  that  by 
sustaining  President  Johnson  in  his  course  they  will  re-establish  the  democratic  party,  and, 
in  that  way,  get  control  of  the  government  of  the  United  States. 

Question.  Will  they  be  likely  to  take  up  President  Johnson  for  re-election  as  the  democratic 
candidate  ? 

Answer.  I  suppose  they  would,  sir. 

Question.  Do  they  appear  to  have  an  inclination  in  that  direction? 

Answer.  I  have  heard  no  opinion  expressed  with  reference  to  the  future,  and  therefore  I 
am  unable  to  say  what  they  would  do. 

Question.  Do  they  seem  to  regard  him  as  their  friend  ? 

Answer.  Yes,  sir ;  they  consider  him,  in  the  south,  as  peculiarly  their  friend. 

Question.  How  do  they  feel  towards  the  majority  in  the  two  houses  of  Congress  who  com 
monly  go  by  the  denomination  of  radicals  1 

Answer.  I  think  you  get  a  good  idea  in  regard  to  that  feeling  by  the  expressions  and  sen 
timents  of  almost  all  our  papers.  They  represent  pretty  extensively  the  feelings  of  the  people 
generally  in  regard  to  that. 

Question.  Describe  that  feeling  in  your  own  terms  ? 

Answer.  I  think  it  is  a  feeling  of  hostility  against  what  is  considered  the  dominant  party 
in  Congress  ? 

Question.  They  would  be  glad  to  overthrow  them? 

Answer.  Yes,  sir. 

Question.  Do  you  think  of  anything  else  which  you  desire  to  say  ? 

Answer.  Nothing  at  all.  It  was  very  unexpected  to  me  to  be  called  before  this  committee. 
I  came  to  Washington  on  business,  and  found  myself  served  with  a  summons.  I  did  not 
know  that  it  was  even  known  that  I  was  in  the  city  of  Washington. 


WASHINGTON,  D.  C.,  February  17,  1866 
John  H.  Anderson  sworn  and  examined. 

By  Mr.  HOWARD  :     • 

Question.  Where  do  you  reside  ? 
Answer.  Richmond,  Virginia. 


1 40  RECONSTRUCTION. 

Question.  How  old  are  you  ? 

Answer.  Thirty-one. 

Question.  What  is  your  position  ? 

Answer.  I  have  been  lately  storekeeper  and  general  agent  in  the  Richmond  penitentiary. 
My  business  before  the  war  was  that  ot  tobacco  manufacturer.  I  was  appointed  by  Governor 
Peirpoint,  in  July  last,  as  general  ajr«;nt  and  storekeeper  in  the  penitentiary  in  Richmond, 
and  was  turned  out  of  office  by  the  Virginia  legislature,  now  in  Cession. 

Question.  Were  you  turned  out  on  any  charge  of  misconduct  on  your  part  ? 

Answer.  None  in  the  world,  sir. 

Question.  Had  you  been  a  Union  man  during  the  war  ? 

Answer.  Yes;  1  was  one  of  the  two  men  in  the  city  of  Richmond  who  voted  against  the 
ordinance  of  secession.  In  1864  I  came  here  and  got  an  appointment  in  the  Quartermaster 
General's  office.  When  the  city  of  Richmond  was  captured  in  April  I  went  there,  when-  my 
family  lives.  I  found  there  was  no  chance  of  getting  into  business  there,  as  most  of  my 
property  was  destroyed  by  the  fire.  What  I  had  left  behind  I  had  been  robbed  of  by  an  old  man, 
a  partner  of  mine,  who  was  a  secessionist.  As  soon  as  Governor  Peirpoint  came  down  there 
I  asked  him  for  an  office,  and  he  gave  me  that  one,  which  I  held  for  seven  months. 

Question.  Have  you  any  idea  why  the  patriotic  legislature  of  Virginia  turned  you  out  of 
office? 

Answer.  Yes,  sir ;  I  know  the  reason. 

Question.  What  was  it? 

Ans.wer.  Because  I  was  a  Uuidn  man. 

Question.  Are  you  able  to  say  whether  that  was  made  a  charge  against  you  in  the  le^is- 
lature  ? 

Answer.  The  members  of  the  legislature  perfectly  understood  it.  I  was  a  marked  man  in 
Richmond  for  having  voted  against  the  ordinance  of  secession.  I  am  well  known  there,  as 
my  father  and  grandfather  before  me  did  business  there,  and  my  family  is  a  well-known 
family  there. 

Question.  Has  the  legislature  extended  that  kind  of  compliment  to  other  officers  who  are 
known  as  Union  men  ? 

Answer.  To  all  of  them,  sir.  Only  one  of  a  party  of  five  who  were  appointed  by  the  gov 
ernor  was  elected  by  the  legislature.  I  allude  to  the  first  auditor,  who  was  the  only  officer 
retained,  and  he  was  appointed  in  the  first  instance  and  retained  afterwards  because  he  was 
a  competent  man. 

Question.  He  was  not  turned  out  by  the  legislature  ? 

Answer.  No,  sir  ;  he  was  unanimously  elected. 

Question.  Have  you  heard  the  statement  made  by  Dr.  Mills  on  this  occasion  ? 

Answer.  Yes,  sir. 

Question.  And  you  understood  all  the  answers  he  has  given? 

Answer.  Yes,  sir. 

Question.  What  do  you  say  in  regard  to  the  subjects  about  which  he  has  testified  ?  Do 
you  concur  with  him  or  dissent  ?  .  , 

Answer.  I  concur  with  him. 

Question.  In  all  the  statements  he  has  made  ? 

Answer.  Yes,  sir.  I  know  that  the  secessionists  in  the  city  of  Richmond  would  not  asso 
ciate  with  me  on  account  only  of  my  being  a  Union  man.  I  know  that  they  treat  us  Union 
men  in  such  a  way  as  t(j  make  it  very  unpleasant  for  us  to  live  there.  I  have  been  associ 
ating  while,  I  have  been  there  with  some  few  Union  families  and  United  States  officers. 

Question.  Your  family  is  a  good  family  there,  is  it  not  ? 

Answer.  Yes,  sir.  My  family  has  always  been  in  the  habit  of  associating  with  good 
families  in  Richmond;  but  they  did  not  recently  associate  with  us  on  my  account.  1  knew 
the  Union  officers  there  very  well,  and  the  secessionists  have  been  more  bitter  against  me  on 
that  account,  for  associating  with  United  States  officers.  I  have  heard  sneering  remarks  made 
on  the  street  and  in  public  places  about  Union  men  associating  with  damned  Yankees. 
*'  Question.  Do  they  call  you  a  damned  Yankee  ? 

Answer.  Certainly ;  they  call  every  Union  man  a  Yankee. 

Question.  And  commonly  prefix  the  epithet  "damned  /" 

Answer.  Yes,  sir.  The  feeling  is  getting  more  bitter  every  day.  When  I  first  went  back 
they  all  met  me  kindly  and  were  very  glad  to  see  me ;  but  as  soon  as  they  found  out  the 
policy  of  the  President  of  the  United  States  they  turned,  and  then  I  was  proscribed.  I 
agree  with  Dr.  Mills,  that  no  Union  man  stands  a  chance  of  being  electee}  to  any  othVf.  I 
do  not  think  they  can  do  any  business  with  profit.  I  should  be  very  sorry  to  go  into  busi 
ness  there  to-morrow,  dependent  upon  the  citizens  of  Richmond  for  support. 

Question.  Suppose  you  had  a  suit  for  the  recovery  of  a  just  claim  in  any  of  the  State 
courts  of  Virginia;  would  you  be  prejudiced  before  the  court  on  account  of  your  Unionism  ? 

Answer.  I  think  so.     I  should  fear  it. 


VIRGINIA — NORTH   CAROLINA SOUTH    CAROLINA.  141 


WASHINGTON,  D.  C.,  February  20,  1866. 
Major  General  Alfred  H.  Terry  sworn  and  examined^ 
By  Mr.  HOWARD  : 

Question.  What  is  your  rank  in  the  army  ?  N 

Answer.  I  am  major  general  of  volunteers  and  brigadier  general  and  brevet  major  general 
in  the  United  States  army.  , 

Question.  Where  are  you  now  stationed  ? 

Answer.  In  Richmond,  Virginia. 

Question.  How  long  have  yon  been  in  command  there  ? 

Answer.  Since  about  the  middle  of  last  June. 

Question.  What  amount  of  force  have  you  in  yoiir  department  ? 

Answer.  By  the  last  return  there  were,  present  and  absent,  2,942  men.  The  number  ac 
tually  present  in  the  department,  including  officers  of  the  Veteran  Reserve  Corps,  reporting 
to  the  freedmen's  commissioner,  is  between  2,600  and  2,700. 

Question.  At  what  points  are  they  chiefly  stationed  ? 

Answer.  At  Richmond,  Fredericksburg,  Charlottesville,  Lynchburg,  Bristol,  Danville, 
Petersburg,  City  Point,  Norfolk,  Fort  Monroe,  Yorktown,  and  Williainsburg.  These  are 
mostly  one  and  two-company  posts. 

Question.  What  is  the  territorial  extent  of  your  department? 

Answer.  The  State  of  Virginia,  with  the  exception  of  Alexandria,  Fairfax,  and  London 
counties,  and  the  northern  part  of  the  Shenandoah  valley. 

Question.  Have  you  much  to  do  with  the  Freedmen's  Bureau  in  your  department? 

Answer.  I  have.  A  great  deal  of  business  comes  to  me  from  the  bureau,  and  I  am  in  con 
stant  communication  with  Colonel  Brown,  the  assistant  commissioner. 

Question.  What  are  your  means  of  knowledge  of  the  state  of  affairs  in  Virginia,  or 
throughout  your  department  ? 

Answer.  I  do  not  come  in  direct  personal  contact  with  the  people  of  Virginia  as  much  as 
many  of  my  subordinates  do.  I  have  no  social  intercourse  with  any  except  those  known  to 
be  Union  people. 

Question.  Why  not? 

Answer.  They  do  not  seek  me ;  and  it  is  neither  becoming  my  position  as  the  commanding 
officer  of  the  department,  nor  consistent  with  niy  self-respect,  to  seek  them  first.  My 
knowledge  of  affairs  is  derived  from  the  business  that  comes  to  me  officially,  from  official  re 
ports  of  my  subordinates,  and  from  unofficial  information  of  occurrences  which  I  receive 
from  those  of  my  own  people  in  whom  I  have  confidence.  It  is  derived,  also,  from  what  I 
see  in  the  public  press  of  Virginia,  and  from  what  is  brought  to  my  attention,  officially  and 
unofficially,  by  the  commissioner  of  freemen's  affairs.  I  frequently  see  citizens  on  official 
business,  but  not  as  frequently  as  my  subordinates  do.  My  business  is  done  chiefly  on 
paper. 

Question.  What,  generally,  is  the  feeling  on  the  part  of  the  secession  element  towards  the 
Unionists,  whether  native  Virginians  or  persons  from  other  States  ? 

Answer.  I  think  it  is  as  hostile  as  it  has  ever  been.  As  to  the  feeling  towards  the  people 
of  the  north,  I  do  not  think  that  it  has  essentially  changed  from  what  it  was  before  the  war 
and  during  the  war.  There  is  still  the  same  hatred  of,  and  the  same  contempt  for,  them. 

Question.   How  much  social  intercourse  is  there  between  them.      . 

Answer.  Very  little,  so  far  as  my  knowledge  goes;  very  little,  indeed. 

Question.  Are  you  prepared  to  say  that  the  state  of  feeling  between  secessionists  and 
Unionists  is  one  of  bitter  hostility  ? 

Answer.  I  think  it  is. 

Question.  Are  Unionists  secure  in  the  enjoyment  of  their  rights  in  the  midst  of  a  secession 
community  there? 

Answer.  I  do  not  think  they  are.  • 

Question.  Can  they  safely  rely  on  the  State  courts  for  justice  to  themselves  and  protection 
to  their  rights  ? 

Answer.  No,  sir ;  I  think  not. 

Question.  How  would  it  be,  for  instance,  in  a  suit  between  a  strong  Union  man,  whether 
residing  there  or  from  a  loyal  State,  and  a  secessionist  ?  Would  you  apprehend  that  a  jury, 
called  in  the  regular  way  in  Virginia,  would  be  prejudiced  against  a  Union  man? 

Answer.  While  I  do  not  know  of  any  such  case,  such  is  my  impression  in  regard  to  the 
feelings  of  secessionists  towards  Union  men  that  I  think  that  the  rights  of  the  latter,  under 
these  circumstances,  would  not  be  secured.  I  know,  from  conversation  with  Union  men, 
that  such  is  the  general  impression  among  them. 

Question.  What  do  the  secessionists  appear  to  desire  ?  What  great  object  have  they  in 
view  ? 

Answer.  In  the  first  place,  having  failed  to  maintain  the  separate  nationality  which  they 
asserted,  they  desire  to  keep  themselves  a  separate  people,  and  to  prevent,  by  any  means 
in  their  power,  our  becoming  a  homogeneous  nation ;  secondly,  they  desire  to  make  treason 
honorable  and  loyalty  infamous,  and  to  secure,  as  far  as  they  may  be  able,  political  power. 


142  RECONSTRUCTION. 

Question.  And,  of  course,  the  great  object  which  they  immediately  have  in  view  is  the 
possession  of  political  power  ? 

Answer.  Yes,  sir. 

Question.  How  do  they  regard  President  Johnson's  liberal  policy  in  reconstructing  the 
States  and  granting  pardons  and  amnesties  ? 

Answer.  They  seem  to  be  very  much  pleased  with  it.  They  would,  of  course,  regard  with 
great  favor  any  action  tending  to  restore  them  to  their  former  status. 

Question.  Do  you  hear  any  expressions  of  disloyalty  among  them  towards  President 
Johnson? 

Answer.  I  do  not. 

Question.  Suppose  they  got  into  power  again,  with  their  full  representation  in  Congress, 
and  with  a  President  who,  like  Mr.  Buchanan,  should  disavow  the  right  of  the  government 
of  the  United  States  to  coerce  a  State,  and  should  decline  to  use  the  military  force  of  the 
government  to  prevent  secession ;  would  they  or  would  they  not,  in  your  opinion,  again 
secede  from  the  Union  and  attempt  to  set  up  an  independent  government? 

Answer.  If  these  or  any  other  circumstances  should  occur,  and  they  should  be  convinced 
that,  notwithstanding  their  former  failure,  they  then  would  have  a  certainty  of  success,  I 
think  they  would  attempt  to  secede  again. 

Question.  State  whether  they  are  in  the  habit  of  speaking  contemptuously  of  the  govern 
ment  of  the  United  States  as  a  political  institution? 

Answer.  They  are. 

Question.  Do  you  know,  or  have  you  any  reason  to  believe,  that  there  are  now  existing  in 
your  department,  or  elsewhere  in  the  rebel  States,  any  combinations  or  conspiracies  among  the 
secessionists  with  a  view  to  the  ultimate  establishment  of  southern  independence,  or  a  re 
newal  of  the  rebellion,  directly  or  indirectly  ? 

Answer.  I  know  of  none. 

Question.  Have  you  any  reason  to  believe  in  the  existence  of  any? 

Answer.  I  have  none. 

Question.  In  the  event  of  a  war  between  the  United  States  and  any  foreign  government, 
such  as  England  or  France,  and  in  the  event  of  there  being  a  prospect  of  the  establishment 
of  southern  independence,  by  an  alliance  between  the  secession  element  in  the  south  and  the 
foreign  enemy,  have  you  any  reason  to  suppose  that  that  element  would  ally  itself  with  the 
foreign  enemy,  or  take  any  part  in  the  war  against  the  United  States? 

Answer.  I  think  that,  such  has  been  the  punishment  which  they  have  received  for  their 
recent  attempt  to  throw  off  the  authority  of  the  government,  unless  there  was  a  very  strong 
prospect  of  success,  they  would  be  reluctant  to  engage  in  anothef  attempt  of  the  kind,  with 
or  without  alliance ;  but,  should  a  powerful  foreign  enemy  laud  upon  the  southern  coast,  they 
would  receive  some  material  aid  and  much  sympathy,  under  all  circumstances.  Should  the 
circumstances  be  such  as  to  promise  them  their  independence,  then  a  very  large  portion  of 
the  people  of  the  south  would  join  the  enemy. 

Answer.  And,  in  view  of  the  contingency  of  a  foreign  war  with  a  powerful  nation,  and 
the  occurrence  of  such  an  invasion  of  our  territory,  do  you  regard  the  rebel  States,  one  or  al 
together,  as  an  element  of  strength  in  the  government  of  the  United  States  at  the  present  time  ? 

Answer.  No,  sir;  on  the  contrary,  most  decidedly  an  element  of  weakness. 

Question.  This  conclusion,  I  take  it,  you  have  drawn  from  a  careful  observation  of  the 
sentiments  and  feelings  of  the  southern  people,  so  far  as  you  have  had  an  opportunity  ? 

Answer.  Yes,  sir. 

Question.  What  is  their  treatment  generally  towards  the  freedmen? 

Answer.  It  is  very  various.  Many  persons  are  treating  the  freedmen  kindly  and  justly, 
endeavoring  to  accommodate  themselves  to  the  changed  cirri t instances  of  the  times,  and  to 
enter  into  the  proper  relations  with  them  as  between  employers  and  employed.  Many  others, 
on  the  contrary,  treat  them  with  great  harshness  and  injustice,  and  seek  to  obtain  their  ser 
vices  without  just  compensation,  and  to  reduce  them  to  a  condition  which  will  give  to  the 
former  masters  all  the  benefits  of  slavery,  aud^throw  upon  them  none  of  its  responsibilities. 

Question.  So  far  as  you  can  judge,  which  class  is  the  more  numerous,  those  who  treat  the 
freedmen  kindly,  or  those  who  treat  them  with  injustice  and  severity? 

Answer.  The  latter. 

Question.  Do  you  think  they  greatly  predominate  in  numbers  ? 

Answer.   I  can  hardly  estimate  the  relative  proportions;  I  think  that  they  predominate. 

Question.  Do  yon  suppose,  from  what  you  have  seen  and  heard,  and  from  what  you  know, 
that  it  would  be  safe  to  intrust  the  great  body  of  freedmen  in  Virginia,  or  elsewhere  in  the 
south,  to  the  care  of  the  local  authorities  or  the  local  legislatures  ? 

Answer.  I  do  not. 

Question.  Suppose  this  were  done,  what  consequences,  in  your  judgment,  would  be  likely 
to  follow  ?  Would  they  not  maltreat  the  black  race,  deprive  them  of  their  rights,  embarrass 
them  in  the  enjoyment  of  their  property,  if  they  should  have  any,  provoke  them,  goad  them, 
if  necessary,  to  acts  of  vioiencv,  which  the  blacks  might  suppose  they  were  performing  in 
their  own  defence,  and  in  their  wn  interests,  and  in  this  way,  within  some  short  time,  bring 
about  an  open  bloody  resistance  on  the  part  of  the  black  population? 


VIRGINIA— NORTH   CAROLINA — SOUTH   CAROLINA.  143 

Answer.  I  should  say  there  would  be  danger  that  the  blacks  would  commit  those  acts  which 
an  oppressed  people  sooner  or  later  commit  against  their  oppressors. 

Question.  Have  you  reason  to  believe  that  the  blacks  possess  arms  to  any  extent  at  the 
present  time? 

Answer.  I  have  been  told  that  they  do.  I  have  received  that  information  from  citizens  of 
Virginia,  including  State  officials,  who  have  entreated  me  to  take  the  arms  of  the  blacks 
away  from  them. 

Question.  Who  were  those  officials  ? 

Answer.  Some  were  members  of  the  present  legislature.  I  have  been  also  asked  to  do  so 
by  a  public  meeting  held  in  one  of  the  counties. 

Question.  Have  you,  in  any  case,  issued  orders  for  disarming  blacks? 

Answer.  I  have  not. 

Question.  The  blacks,  I  suppose,  are  almost  universally  loyal  ? 

Answer.  I  think  there  is  no  question  about  that  ? 

Question.  How  do  the  Virginians  feel  in  regard  to  the  education  of  the  blacks  ? 

Answer.  There  is  great  difference  of  opinion  in  that  respect  in  different  communities.  In 
some  places  the  people  approve  of  it  cordially,  and  many  have  taken  part  in  it.  In  other 
places  the  reverse  is  the  case.  Cases  have  come  to  my  knowledge  where  persons  coming  to 
teach  blacks  were  not  permitted  to  rent  a  place  either  for  a  school  or  for  their  own  personal 
occupation ;  and  it  has  been  reporteJ  to  me  that  teachers  sent  to  teach  the  blacks  have  been 
treated  with  great  contempt,  and  in  some  places  threatened.  Then,  again,  ia  the  city  of 
Lynchburg,  for  instance,  the  city  authorities  cordially  entered  into  the  arrangements  for  teach 
ing  the  blacks  in  connexion  with  the  military  authorities.  There  is  this  variation  of  feeling, 
and  what  is  the  prevailing  feeling  I  cannot  tell. 

Question.  What  is  the  political  character  of  the  present  legislature  of  Virginia? 

Answer.  Judging  by  its  actions,  and  by  the  language  used  by  many  of  its  members  in  de 
bate,  it  is  not  a  loyal  legislature. 

Question.  In  case  of  the  withdrawal  of  military  protection  from  Virginia,  what  would  be 
the  condition  of  the  loyal  people  in  Virginia  and  of  the  blacks  ?  / 

Answer.  I  think  they  would  be  in  a  lamentable  condition.  Such  is  the  prejudice  enter 
tained,  especially  against  those  who  were  faithful  to  their  obligations  to  the  govern inent  dur 
ing  the  war,  that  I  do  not  think  they  would  receive  any  adequate  protection  for  their  rights 
of  person  or  property  from  the  people  or  from  the  courts  ;  and  I  think  that  they  would  be  per 
secuted  through  the  machinery  of  the  courts  as  well  as  privately.  Even  now,  when  military 
law  prevails  in  the  State,  and  when  military  authority  is  supreme,  attempts  are  made  in  the 
courts  to  punish  Unionists  for  acts  done  by  them  under  military  authority  during  the  war, 
and  1  have  been  obliged  to  interfere  and  release  from  prison  men  thus  prosecuted. 

Question.   Has  that  been  of  frequent  occurrence  ? 

Answer.  I  have  directed  the  cessation  of  proceedings  in  some  five  or  six  cases  of  this  kind. 
In  some  of  them  the  parties  had  been  admitted  to  bail;  in  some  they  were  imprisoned.  I 
have  released  those  in  prison,  and  in  all  cases  have  taken  possession  of  the  indictments  and 
•warrants  and,  when  bonds  have  been  given,  of  the  bonds. 

Question.  Would  the  Unionists  be  safe,  so  to  speak,  in  case  of  the  removal  of  the  protect 
ing  troops  ? 

Answer.  I  think  not ;  and  in  that  opinion  I  am  supported  by,  as  I  think,  the  unanimous 
feeling  of  the  Unionists  themselves,  which  has  been  frequently,  and  still  continues  to«be,  ex 
pressed  to  me. 

Question.  Has  the  liberal  policy  of  President  Johnson  in  granting  pardons  and  amnesties 
to  the  rebels  had  the  effect,  in  your  opinion,  to  increase  or  to  decrease  the  feeling  of  respect 
towards  the  government  of  the  United  States  on  the  part  of  the  people  of  Virginia  ? 

Answer.  1  am  unable  to  trace  results  to  their  causes  in  that  matter;  but  since  the  time 
when  I  took  command,  especially  since  military  restraint  has  been  so  much  relaxed  as  it  has 
been  during  the  last  two  or  three  months,  disloyal  utterances  and  disloyal  publications  have 
very  much  increased.  They  seem  to  have  increased  in  proportion  to  the  relaxation  of  military 
restraint. 

Question  The  newspaper  known  as  the  Richmond  Examiner  has  been  recently  suppressed 
by  an  order  emanating  from  General  Grant? 

Answer.  Yes,  sir. 

Question.  For  the  utterance  of  disloyal  sentiments,  and  of  language  insulting  to  Unionists 
and  to  the  northern  section  of  the  country  ? 

Answer.  Yes,  sir. 

Question.  Has  that  paper  a  large  circulation  ? 

Answer.  I  do  not  know  its  circulation. 

Question.  How  is  it  regarded  ?  Is  it  regarded  as  one  of  the  leading  exponents  of  public 
feeling  and  opinion  in  Virginia? 

Answer.  It  seems  to  be  an  exponent  of  the  secession  feeling. 

Question.  Are  you  acquainted  with  its  publisher  or  editor? 

Answer.  I  have  seen  the  editor  and  publisher  once  or  twice. 

Question.  Did  you  execute  the  order  of  General  Grant? 


144  RECONSTRUCTION. 

Answer.  I  caused  it  to  be  executed.  I  gave  the  order  to  General  Turner,  who  commands 
in  Richmond. 

Question.  And  he  executed  it? 

Answer.  Yes. 

Question.  Has  the  order  been  revoked  or  modified  in  any  way  ? 

Answer.  It  lias. 

Question.  By  whose  order,  so  far  as  you  know? 

Answer.  So  far  as  I  know  officially,  by  General  Grant's  order. 

Question.  Has  it  been  revoked  entirely  ? 

Answer.  It  has  been  revoked  temporarily  by  order  of  General  Grant,  and,  as  I  understand, 
on  condition  that,  in  future,  it  will  not  pursue  a  course  inimical  to  the  government  or  to  the 
growth  or  expression,  in  acts  and  words,  of  Union  sentiment  among  the  people  of  the  States 
lately  in  rebellion,  or  to  the  cultivation  of  friendly  relations  between  the  people  of  those 
States,  or  any  of  them,  and  the  other  States  of  the  Union,  and  that  it  will  not  in  any  way 
fail  in  its  editorials,  correspondence,  or  transfer  of  articles  from  other  newspapers,  to  give 
support,  countenance,  and  friendship  to  acts  and  expressions  of  loyalty  to  the  L  iiiou  and  its 
supporters. 

Question.  Do  you  think  of  anything  else  that  you  desire  to  state  to  the  committee? 

Answer.  No,  sir. 


WASHINGTON,  D.  C.,  February  21,  1866. 
Charles  H.  Lewis  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Rockingham  county,  Virginia. 

Question.  Have  you  been  occupying  any  public  position  in  Virginia  ? 

Answer.  Yes,  sir.  I  was  appointed  secretary  of  the  commonwealth  by  Governor  Peirpoint 
in  Slay  last,  at  Alexandria,  under  what  is  called  the  restored  government. 

Question*  Did  you  enter  upon  the  discharge  of  your  duties  ? 

Answer.   Yes,  immediately  upon  my  appointment. 

Question.  Where? 

Answer.  At  Alexandria. 

Question.  How  long  did  you  remain  there? 

Answer.  I  remained  until  the  latter  end  of  May,  and  then  I  went  to  Richmond  with 
Governor  Peirpoint  when  the  restored  government  went  there. 

Question.  On  reaching  Richmond  what  archives  of  the  State  government  of  Virginia  djd 
you  find  remaining  ? 

Answer.  I  think  all  the  archives  of  the  State  government  connected  with  my  office  were  in 
the  office  of  the  secretary  of  the  commonwealth,  with  the  exception  of  one  box  of  papers. 
The  contents  of  that  box  I  never  learned.  The  chief  clerk  of  the  rebel  secretary  said  that 
they  were  important  documents,  but  what  they  were  I  never  was  able  to  ascertain.  In  the 
discharge  of  my  duties  I  never  found  any  papers  missing  that  I  had  occasion  to  use. 

Question    Do  you  know  what  became  of  that  box  ? 

Answer.  I  do  not.  I  took  measures  to  endeavor  to  recover  it,  but  all  the  United  States 
officers  to  whom  I  applied  reported  to  me  that  they  never  could  find  it. 

Question.  Have  you  any  reason  to  suppose  that  it  was  destroyed,  with  its  contents? 

Answer.  The  chief  clerk  of  the  secretary  of  the  commonwealth  under  the  rebel  govern 
ment  informed  me  that  it  was  taken  possession  of  by  order  of  General  Weitzel ;  but  that  was 
a  hearsay  statement  in  the  case.  He  did  not  know  the  fact  that  General  Weit/el  had  pos 
session  of  it.  He  had  derived  it  from  somebody  else. 

Question.  How  long  did  you  exercise  the  functions  of  secretary  of  state  of  the  common 
wealth  .' 

Answer.  From  the  time  of  my  appointment  in  May  until  the  1 1th  of  January,  1866.  It  is 
proper  to  state  that  I  had  discharged  the  duties  of  secretary  of  the  commonwealth  for  some 
time  at  Alexandria  before  I  had  a  regular  appointment. 

Question.  And  in  the  mean  time  the  legislature  of  Virginia  had  assembled? 

Answer.  Yes,  sir.  The  legislature  of  Virginia  assembled  the  first  Monday  in  December, 
1865 — that  is,  what  claims  to  be  the  present  legislature  of  Virginia. 

Question.  Composed,  I  suppose,  of  members  elected  under  the  laws  of  Virginia? 

Answer.  Yes,  sir.     They  so  claim. 

Question.  Were  they  elected  under  the  laws  passed  by  the  rebel  legislature  of  Virginia,  or 
under  the  old  laws  in  force  before  the  rebellion? 

Answer.  It  is  proper  that  I  should  give  some  explanation  of  that  election.  On  our  return 
to  Richmond,  what  is  called  the  Alexandria  constitution  was  in  operation — that  is,  a 
constitution  adopted  by  the  convention  assembled  at  Alexandria  in  J864.  That  consti 
tution  was  framed,  of  course,  under  what  is  called  the  restored  goveu  ment — I  ineau  the 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  145 

government  which  was  recognized  by  the  government  of  the  United  States.  It  was  called 
the  restored  government  of  Virginia  because  it  was  restored  at  Wheeling  by  a  loyal  convention 
assembled  there.  That  Alexandria  constitution  was  in  operation  and  was  recognized  as  the 
constitution  of  Virginia.  There  was  an  article  in  that  constitution  which  forbade  all  persons 
from  voting  who  did  not  take  and  subscribe  an  oath  that  they  would  be  loyal  to  the  govern 
ment  of  the  United  States,  that  they  recognized  and  would  uphold  and  defend  the  govern 
ment  of  Virginia  as  established  at  Wheeling  in  June,  IbfiJ,  and  that  since  the  1st  of  Janu 
ary,  1864,  they  had  not  been  voluntarily  engaged  in  the  rebellion  against  the  government  of 
the  United  States.  That  was  the  substance  of  the  oath.  That  article  of  the  constitution 
further  provided  that  no  person  should  hold  office  who  had  held  any  office,  military  or  civil, 
except  county  offices,  under  the  so-called  government  of  the  Confederate  States,  or  under  any 
State  government  in  rebellion  against  the  government  of  the  United  States.  The  legislature 
of  Virginia,  which  was  called  the  Alexandria  legislature,  was  convened  by  Governor  Peir- 
point  at  Richmond  in  a  called  session  in  June,  18(55  That  legislature  provided  that  the  gov 
ernor  should  submit  to  the  people  at  the  next  election  for  members  of  Congress  and  of  the 
general  assembly  the  question  whether  the  next  legislature  should  have  power  to  alter  and 
amend  that  third  article  of  the  constitution.  At  the  same  election  at  which  this  vote  was 
taken  a  number  of  persons  were  elected  as  members  of  the  general  assembly  who  were  in 
eligible  under  the  third  article  of  the  constitution.  On  the  day  of  the  assembling  of  the 
legislature  at  Richmond  the  house  of  delegates  was  organized  without  any  reference  to  the 
ineligibility  of  any  person  claiming  to  be  a  member  under  that  third  article  of  the  constitu 
tion.  The  legislature,  after  being  organized,  took  measures  to  remove  the  restrictions, 
although  a  number  of  the  persons  who  voted  for  the  removal  of  the  restrictions  were  ineligi 
ble  under  the  constitution.  Their  first  act  was  to  elect  a  speaker  who  had  been  a  member 
of  the  confederate  congress — Colonel  John  B.  Baldwin. 

Question.  Were  you  turned  out  of  office  ? 

Answer.  I  was  not  re-electedi^o  the. office  of  secretary  of  the  commonwealth. 

Question.  When  would  your  term  of  office  expire  1 

Answer.  The  legislature  proceeded  to  the  election  of  a  secretary  of  the  commonwealth,  by 
joint  ballot,  under  a  resolution  adopted  by  themselves  ;  but  for  that  resolution  my  term  of 
office  would  not  have  expired  until  January,  Irt67. 

Question.  Whom  did  they  elect  in  your  place  ? 

Answer.  Mr.  John  M.  Herndon. 

Question.  What  was  his  political  character  ? 

Answer.  I  do  not  know,  further  than  that  I  have  always  heard  and  believed  that  he  sym 
pathized  and  acted  with  the  secession  party  during  the  war. 

Question.  State  whether  the  removal  from  office,  by  joint  action  of  the  legislature,  was 
general  in  Virginia  ? 

Answer.  Every  Union  man  who  held  office  by  Governor  Peirpoint's  appointment,  whom 
the  legislature  could  reach,  was  removed. 

Question.  What  is  the  present  political  complexion  of  the  two  houses  of  the  Virginia 
legislature  ? 

Answer.  I  believe  that  the  majority  of  both  houses  is  composed  of  men  who  sympathized 
with  the  rebellion;  a  considerable  majority. 

Question.  Can  you  state  what  proportion  of  them  were  actually  engaged  in  the  rebellion  ? 

Answer.  I  cannot. 

Question,  What  proportion  of  them  had  been  pardoned  by  the  President  ? 

Answer.  I  cannot  tell  how  many  of  them  had  been  pardoned.  I  know  that  many  of  them 
had  been;  but  I  cannot  even  approximate  the  number.  I  believe  that  all  of  them  who 
owned  $20,000  worth  of  property  had  been  pardoned.  Those  who  did  not  own  so  much 
property  of  course  had  no  need  to  be  pardoned.  The  speaker  of  the  house  of  delegates,  I 
know,  had  been  pardoned  by  the  President.  He  came  under  a  different  clause,  and  I  know 
that  a  number  of  other  members  of  the  two  houses  had  been  pardoned  by  the  President,  be 
cause  their  pardons  went  through  my  office. 

Question.  What  is  the  feeling  among  the  secessionists  in  Virginia  toward  the  government 
of  the  United  States  ? 

Answer.  My  decided  impression  in  regard  to  that  matter  is,  that  the  masses  of  the  people 
(and  by  that  term  I  do  not  mean  only  the  laboring  classes,  but  I  mean  all  those  persons  who 
are  not  politicians)  were  very  favorably  disposed  toward  the  government  of  the  United 
Stnies  at  the  time  of  Lee's  surrender.  I  believe  that  very  decided  efforts  have 'been  made 
by  tlu>  politicians  to  change  that  feeling  since  that  time,  and  I  am  afraid  that  they  have  had 
a  great  deal  of  success.  I  believe  that  the  majority  of  the  people  of  Virginia  would  still 
be  loyal  to  the  government  of  the  United  States  if  it  were  not  for  the  pressure  of  the  press 
and  the  politicians,  who,  to  a  great  extent,  control  public  opinion.  I  believe  that  many  of 
the  old  secession  politicians  are  actively  engaged  in  promoting  dissatisfaction  with  the  gov 
ernment  of  the  United  States. 

Question.  How  do  these  politicians  feel  toward  President  Johnson's  policy  in  regard  to 
the  reconstruction  of  the  States  / 

Answer.  They  all  profess  to  be  decidedly  in  favor  of  President  Johnson's  policy  of  recon- 
10    V    NC    SO 


1 46  RECONSTRUCTION. 

struction,  which,  they  either  believe  or  profess  to  believe,  means  the  restoration  to  power  of 
the  men  who  have  been  disloyal  at  the  north  and  at  the  south. 

Question.  Do  you  think  that  President  Johnson's  liberal  policy  in  granting:  pardons  and 
amnesties  has  made  the  masses  of  the  people  more  or  less  respectful  to  the  government  of 
the  United  States  than  they  were  before  ? 

Answer.  When  the  restored  government  first  went  back  to  Richmond,  the  politicians  pro 
fessed  great  anxiety  to  be  pardoned  in  order  that  they  might  get  their  property  back,  resume 
their  avocations,  and  be  released  from  the  penalties  of  treason ;  and  they  made  very  loud 
professions  of  accepting  the  condition  of  things,  and  of  being  anxious  to  become  true  and 
loyal  subjects  of  the  United  States  government.  After  most  of  them  got  pardons,  I  found 
among  the  politicians  a  very  decided  change  for  the  worse. 

Question.  Have  you  reason  to  apprehend  that  schemes  are  cherished  by  any  of  the  late 
rebels  in  Virginia  for  a  renewal  of  the  war,  or  for  the  establishment  of  what  is  known  as 
southern  independence,  in  any  event  ? 

Answer.  I  have  no  reason  to  believe  that  there  is  any  organization  in  the  State  for  that 
purpose ;  but,  from  the  conversation  of  some  of  the  most  outspoken  of  the  secessionists  of 
the  State,  I  am  inclined  to  think  that  a  great  many  of  them  would  be  very  glad  to  see  the 
country  involved  in  a  foreign  war,  in  the  hope  that  they  could  again  get  up  a  secession 
party  in  the  south ;  but  I  have  no  idea  that  a  majority  or  anything  like  a  majority  of  the 
people  of  Virginia  entertain  any  such  wish  or  desire  now.  I  believe  that  feeling  is  entirely 
confined  to  the  most  ultra  secessionists. 

Question.  How  do  secessionists  generally  feel  in  regard  to  the  payment  of  the  federal  debt 
contracted  in  the  prosecution  of  the  war  ;  are  they  willing  to  pay  it,  or  would  they  prefer  to 
repudiate  and  get  rid  of  it? 

Answer.  I  believe  that  the  politicians  would,  if  they  were  encouraged  to  do  so,  gladly 
persuade  the  people  to  repudiate  the  national  debt ;  but  it  is  not  their  policy  to  profess  this 
intention  now  ;  most  of  them  declare  that  they  have  no  such  wish  or  intention  ;  but  I  have 
no  confidence  in  them.  The  masses  of  the  people  would  be^disposed  to  meet  all  their  obliga 
tions  to  the  nation.  As  to  the  assumption  of  the  confederate  debt,  I  would  say  that  I  do  not 
believe  that  the  leaders  of  the  rebellion — I  speak  of  the  majority  of  them — ever  contemplated 
the  payment  of  that  debt  even  if  the  rebellion  succeeded,  I  have  no  doubt  the  secessionists 
of  Virginia  would  gladly  vote  for  the  assumption  of  the  confederate  debt  by  the  nation. 

Question.  You  do  not  think  that  it  would  touch  their  consciences  very  deeply  to  be  de 
prived  of  the  pleasure  of  paying  the  rebel  debt  contracted  in  the  prosecution  of  the  rebellion? 

Answer.  No,  sir.  I  think  that  a  great  many  of  them,  if  the  debt  could  be  paid  without 
gaining  unpopularity  by  taxing  the  people,  would  be  glad  to  pay  it ;  but  I  do  not  think  they 
would  be  willing  now  to  impose  a  tax  upon  the  people.  That  would  make  them  unpopular. 

Question.  Where  is  the  great  mass  ot  the  confederate  bonds  and  currency  now? 

Answer.  Soon  after  we  went  to  Richmond  I  saw  a  great  number  of  them  hawked  about  the 
streets  by  the  boys  for  sale,  for  whatever  they  could  get  for  them.  The  United  States  officers, 
soldiers,  and  others  bought  them  as  curiosities.  For  some  time  past  I  have  not  seen  a  con 
federate  note  or  bond.  I  do  not  know  where  they  are  now. 

Question.  Can  you  explain  what  are  known  as  the  cotton  bonds? 

Answer.  No,  sir,  I  cannot.  I  never  knew  what  became  of  those  cotton  bonds.  I  pre 
sume  they  are  in  the  hands  of  capitalists  in  London  and  Paris.  I  never  owned  any  confede 
rate  securities,  and  never  had  anything  to  do  with  the  confederacy,  except  this :  "When  the 
ordinance  of  secession  passed,  I  was  under  forty -five  years  of  age,  and  I  was  culled  out  with 
the  militia.  .  I  could  not  get  away,  and  of  course  I  had  to  go  out.  I  was  adjutant  of  my 
regiment.  We  did  no  fighting,  and  were  only  a  short  time  in  the  service.  If  I  had  supposed 
that  our  regiment  would  have  done  any  harm  to  the  United  States,  I  should  have  endeavored 
to  keep  out  of  the  service;  but,  believing  that  we  would  not  hurt  anybody,  and  that  nobody 
would  hurt  us,  I  thought  that  it  was  best  for  us  Union  men  to  go  into  the  militia.  At  that 
time  we  were  not  without  hopes  that  we  might  be  able  to  induce  the  people  to  go  back  into 
the  Union,  and  we  thought  we  would  not  make  any  open  opposition  nor  produce  any  issue 
just  at  that  time,  but  wait  our  opportunity.  I  never  held  any  confederate  security,  and 
never  voted  at  any  election,  under  the  confederate  government,  except  county  officers,  believ 
ing  that  to  do  so  would  be  to  recognize  the  confederate  government. 

Question    Were  you  in  Richmond  at  the  time  of  the  passage  of  the  ordinance  of  secession? 

Answer.  I  was  not.     I  left  Richmond  a  few  days  before  the  ordinance  was  passed. 

Question.  While  you  were  there  at  that  time,  did  you  hear  anything  about  President 
Lincoln  making  a  proposition  to  evacuate  Fort  Sumter  or  Fort  Pickens? 

Answer.  I  did  not.  My  brother,  who  was  a  member  of  the  convention,  informed  me,  a 
very  considerable  time  after  the  convention  adjourned,  that  he  understood  that  such  a  pro 
position  had  been  made  to  Colonel  Baldwin  and  had  been  withheld  from  the  convention. 

Question.  What  is  the  general  feeling  among  the  substantial  classes  of  Virginia  towards 
the  freedmen? 

Answer.  That  depends  on  localities.  I  think  that  in  some  localities  there  is  a  disposition 
to  treat  the  freedmen  with  kindness  and  liberal  it}':  but  I  believe,  from  what  I  have  learned, 
that  in  other  localities  there  is  a  disposition  manifested  to  be  illiberal  to  them.  I  do  not  by 
any  means  believe  that  it  would  be  entirely  safe  at  present  to  leave  the  negroes  to  the  local 


VIRGINIA NORTH   CAROLINA — SOUTH    CAROLINA.  147 

officers  in  the  State  or  to  the  legislature.  I  believe  that  if  the  masses  of  the  people  were  let 
alone,  they  would  treat  the  negroes  with,  kindness  and  humanity;  but  the  turblent  portion 
of  the  community  would  be  anxious  always  to  treat  the  negroes  with  unkindness,  and  would 
try  to  create  difficulties  by  endeavoring  to  raise  rows,  and  to  excite  the  white  people  against 
them. 

Question.  Do  you  think  that  a  great  many  of  them  would  be  willing  to  reduce  the  blacks 
again  to  slavery  1 

Answer.  I  believe  that  a  large  number  of  persons  would  be  very  glad  to  do  so  if  they 
could.  I  do  not  believe  that  among  the  intelligent  people  of  Virginia  there  is  any  hope  or 
expectation  of  any  such  thing ;  I  have  heard  some  persons  who"  were  large  slaveholders 
say  that  they  would  not  have  slavery  re-established  in  Virginia ;  but  I  know  that  there  is  a 
very  large  number  of  persons  in  Virginia  who  would  be  very  glad,  if  they  had  any  meaui 
of  doing  so,  to  reduce  the  blacks  to  slavery  again.  I  do  not  think,  however,  that  they  hav 
any  idea  of  attempting  it,  or  hope  or  expectation  of  accomplishing  it.  My  impression  in  re 
gard  to  the  condition  of  things  in  Virginia  is  about  this :  The  design  of  the  politicians  and  of 
the  disloyal  press  is,  as  far  as  possible,  to  create  an  alienation  of  feeling,  and  to  inculcate  a 
spirit  of  bitterness  among  the  southern  people  against  the  north.  My  decided  impression  is 
that  the  politicians,  and  a  portion  of  the  clergy,  and  the  disloyal  press,  are  busily  engaged 
in  that  attempt. 

Question.  What  does  all  that  look  to? 

Answer.  I  think  they  have  a  double  motive  in  it.  They  wish  to  impress  the  people  with 
the  -sentiment  that  the  secessionists  are  the  only  patriots  inthe  State;  and  they  hope,  by  a 
union  with  the  disloyal  people  of  the  north,  to  be  able  to  get  control  of  the  government. 

Question.  Suppose  they  should  do  that,  and  suppose  they  should  have  a  President  of  the 
United  States  who  entertained  the  same  political  doctrines  as  James  Buchanan  entertained 
in  regard  to  the  coercion  of  a  State,  renouncing  for  the  United  States  all  power  to  coerce 
a  rebel  State,  and  suppose  we  should  have  a  Congress  of  the  same  political  stripe,  what 
would  be  the  result  in  regard  to  secession  ? 

Answer.  Then  every  intelligent  loyal  man  would  tremble  for  the  safety  of  the  nation  ;  I 
believe  the  secessionist  politicians  of  the  south  would  eagerly  avail  themselves  of  such  an 
opportunity  to  dismember  the  republic.  Whether  the  masses  of  the  people  of  Virginia  could 
be  persuaded  into  another  rebellion  is  doubtful.  When  the  restored  government  went  to 
Richmond  in  May  last,  Governor  Peirpoint  received  assurances  from  every  part  of  the  State 
of  the  earnest  loyalty  of  the  people.  I  am  sure  that  the  people  were  sincere  ;  I  regret  to 
have  to  express  the  fear  that  very  many  of  those  who  were  active  in  promoting  and  sus 
taining  the  rebellion  were  not.  Every  means  in  their  power  is  used  to  induce  the  people  to 
regard  those  who  made  themselves  conspicuous  in  their  efforts  to  destroy  the  government  of 
the  United  States  as  patriots,  and  to  render  those  who  desired  to  restore  the  Union  odious. 
The  secession  leaders  rely  very  much,  as  I  gather  from  their  conversations,  on  the  sympathy 
and  assistance  of  the  "  peace  democracy"  of  the  north  to  enable  them  to  get  into  power.  I 
have  heard  some  of  them  say  that  Ben.  Wood  had  promised  them  that  the  northern  democ 
racy  would  sustain  them. 

Question.  Should  you  or  not  apprehend,  in  such  an  event,  a  reassertion  of  the  doctrine 
of  secession  practically  ? 

Answer.  I  should. 

Question.  Have  you  any  doubt  that  the  rebel  States,  including  Virginia,  would  again  go 
out  of  the  Union  by  secession  ? 

Answer.  I  am  rather  inclined  to  think  that  there  would  be  a  pretty  hard  fight  in  Virginia. 
I  do  not  think  that  the  masses  of  our  people  want  to  go  out  of  the  Union  any  more  ;  I  be- 


~  ~  _  proper 

all  these  politicians  now  profess  loyalty  ^o  the  Union,  but  I  am  very  free  to  say  that  I  dis 
trust  their  professions  very  much. 

Question.  Have  you  ever  had  a  conversation  with  any  of  the  persons  who  were  prominent 
in  the  rebellion  on  the  subject  of  the  manner  in  which  the  oath  of  allegiance  to  the  govern 
ment  of  the  United  States,  usually  designated  as  the  "amnesty  oath,"  is  regarded  by  the 
secessionists  in  Virginia  ? 

Answer.  I  have  heard  Generals  Wickam,  Mahone,  and  some  others  repeatedly  declare  that 
they  had  taken  the  oath  in  good  faith  and  meant  to  keep  it.  I  have,  on  the  other  hand,  heard 
other  persons  who  were  engaged  in  the  rebellion  speak  of  the  oath  as  an  oath  taken  under 
compulsion,  coupled  with  the  intimation  that  it  was  not  binding.  I  remember  a  conversation 
I  had  with  Governor  Henry  A.  Wise,  in  my  office  in  December  last,  whilst  I  was  secretary 
of  the  commonwealth  of  Virginia.  A  number  of  pardons  by  the  President  were  lying  on 


enior  Peirpoint  would  recommend  it.  He  replied  that  we  were  much  more  kind  to  them 
(meaning  those  who  had  been  actively  engaged  in  the  rebellion)  than  they  would  have  been 
to  us ;  "lor,"  said  he,  "  if  /  had  caught  Governor  Peirpoint  or  yourself  whilst  I  was  in  com- 


148  RECONSTRUCTION. 

mand,  I  would  have  hanged  you,  notwithstanding  my  respect  for  the  honesty  which  I  have 
no  doubt  influenced  your  conduct.  But,  sir,  I  could  not  take  that  oath  ;  I  feel  for  my  old 
friends  when  some  of  them  tell  me,  with  tears  in  their  eyes,  that  they  feel  degraded  at  hav 
ing  taken  it  to  save  their  property,  and  others  laughingly  refer  to  it  as  'u  mere  custom-house 
oath.'  Now,  sir,  if  I  take  un  oath  I  will  keep  it."  I  do  not  pretend  to  give  the  precise  words 
of  Governor  Wise,  but  I  have  given  the  substance  of  what  he  said  on  this  subject.  I  should 
add  that  Governor  Wise,  whilst  he  complained  of  the  treatment  he  had  received  from  the 
government  of  the  United  States,  declared  his  intention  to  comply  strictly  with  the  terms  of 
his  parole,  and  said  that  even  now  he  loved  the  old  Union  better  than  most  of  those  who 
made  loud  professions  of  devotion  to  it.  The  conversation  made  a  deep  impression  on  my 
mind,  as  it  confirmed  the  misgivings  I  had  felt  for  some  time  previous  as  to  the  sincerity  of 
many  of  those  who  had  obtained  their  pardons  by  making  professions  of  a  determination  to 
be  loyal  for  the  future. 


WASHINGTON,  February  21,  1866. 
Manasseh  Blackburn  SWtfffl  and  examined, 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside1? 

Answer.  Rockingham  county,  Virginia. 

Question.  How  long  have  you  resided  there  1  9 

Answer.  I  hav.e  resided  in  the  county  since  1862,  and  in  the  valley  since  1853. 

Question.  Have  you  taken,  any  part  in  the  rebellion  ? 

Answer.  No  part,  more  than  in  connexion  with  Mr.  Lewis— we  were  compelled  to  make 
iron  for  the  rebels.  We  were  induced,  through  expediency,  to  make  a  contract  with  the 
confederate  government  to  make  iron  for  it  so  as  to  keep  hands  out  of  the  army.  We  made 
a  contract,  1  think,  in  the  fall  of  1863. 

Question.  Are  -you  an  iron  manufacturer  ? 

Answer.  Yes,  sir ;  that  is  my  profession.     I  moved  there  from  Pennsylvania. 

Question.  You  have  been  always  a  Union  man  ? 

Answer.  Yes,  sir.  We  thought  it  better  for  us  to  hold  the  works  than  to  let  the  rebel 
government  send  people  there  themselves  to  work  them.  After  consultation  we  thought  that 
we  were  doing  less  for  the  confederacy  that  way  than  if  we  let  the  government  use  the  works 
themselves. 

Question.  What  is  the  feeling  in  your  neighborhood,  on  the  part  of  the  secessionists, 
towards  the  United  States  government? 

Answer.  I  think  it  is  right  hostile.  I  do  not  think  there  is  much  change  since  the  sur 
render.  They  are  speaking  out  more  boldly  now  than  they  did  in  June  or  July. 

Question.   What  is  their  tone  now? 

Answer.  They  think  they  are  badly  treated;  that  they  are  taxed  without  representation.  I 
heard  a  remark  made  on  the  cars  yesterday,  that  only  one  scene  of  the  play  was  over  yet; 
that  the  curtain  had  fallen  when  Lincoln  was  Assassinated,  and  that  one  similar  scene  was  to 
follow,  unless  their  representatives  were  admitted,  or  unless  there  was  a  change  in  the  policy 
of  the  United  States  government. 

Question.  Did  that  person  go  on  and  inform  you  what  the  next  scene  was  to  be  ? 

Answer.  No,  sir;  he  stopped  short  at  that. 

Question.  Did  he  seem  to  be  a  man  of  consequence  ? 

Answer.  There  were  five  or  six  men  talking  together,  and  they  seemed  to  be  men  of  char 
acter.  It  is  the  general  talk,  that  the  people  are  more  disaffected  now  than  they  were  after 
the  surrender.  1  can  see  it,  too,  from  their  movements  and  conversation,  but  I  believe  that 
the  masses  of  the  people,  the  working  classes,  in  the  valley  are  loyal — partly  voluntarily, 
and  partly  compulsorily. 

Question.  How  do  they  feel  towards  the  freedmen? 

Answer.  In  the  valley  1  think  that,  as  a  general  thing,  they  treat  the  freedmen  nearly  right, 
but  in  eastern  Virginia  I  think  that  the  feeling  is  rather  against  the  freedmeu.  I  do  not 
think  they  would  do  justice  to  them.  I  am  employing  about  one  hundred  and  fifty  hands, 
and  most  of  them  are  freedmen,  and  I  find  them  very  good  bauds. 

Question.  Do  you  notice  much  idleness  and  vagabondage  among  the  freedmen  ? 

Answer.  None  at  all  in  our  neighborhood. 

Question.  If  they  are  liberally  and  fairly  paid,  will  they  not  work  and  support  themselves 
us  well  as  whikj  men  7 

Answer.  My  experience  has  been  such.  They  all  show  a  disposition  to  try  and  earn 
something,  and  to  get  homes  for  their  families.  They  come  to  me  and  say  they  want  to  get  a 
house  and  home  and  go  to  work.  They  work  with  energy,  and  seem  anxious  and  rejoiced 
that  they  are  earning  something  and  getting  their  pay.  They  show  &  disposition  to  be  good 
citizens. 


VIRGINIA — NORTH   CAROLINA— SOUTH   CAROLINA.  149 

Question.  Do  you  discover  a  disposition  among  the  whites  to  allpw  the  blacks  to  own  real 
estate  and  personal  property  ?  • 

Answer.  I  have  not  heard  anything  said  in  the  valley  as  regards  that.  East  of  the  ridge 
I  have  heard  some  gentlemen  say  that  they  should  never  be  allowed  to  have  a  roof  over  their 
heads,  or  should  not  have  any  countenance  shown  to  them  at  all.  But  I  believe  that  the 
mass  of  the  people  in  the  valley  would  treat  the  freedrnen  as  they  should  be  treated. 

Question.  Have  you  ever  held  any  public  office  ? 

Answer.  No,  sir ;  I  never  have. 

Question.  Can  you  relate  any  incident  going  to  show  the  feeling  on  the  part  of  the  whites 
towards  Union  men  or  blacks  ? 

Answer.  No  ;  I  do  not  know  that  I  can. 

Question.  What  chance  does  a  black  man  or  a  Unionist  stand  in  the  State  courts  for 
justice  and  the  protection  of  his  rights  ? 

Answer.  I  would  doubt  whether  a  Unionist  can  get  justice.  He  might  in  some  pecuniary 
matters  get  justice,  but  I  doubt  whether  in  other  things  he  could.  I  think  that,  as  far  as  the 
blacks  are  concerned  in  the  valley,  they  could  in  pecuniary  matters  get  justice — they  could 
collect  bills,  or  anything  of  that  kind. 

Question.  What,  generally,  is  the  treatment  shown  by  disunionists  toward  the  Unionists 
in  your  vicinity  ? 

Answer.  They  regard  us  as  intruders — not  their  equals.  Their  families  will  not  associate 
with  ours ;  they  consider  us  as  rebels  to  their  so-called  government. 

Question.  Do  they  speak  of  you  as  traitors  ? 

Answer.  Yes,  sir,  as  traitors  to  the  country  ;  and  they  curse  a  man  who  would  not  fight 
for  the  country,  and  for  the  government  which  supports  him — and  such  stuff.  It  has  been 
very  frequently  said,  by  neighbors  who  visited  my  family,  that  they  were  ridiculed  for  visit 
ing  "Union  trash."  They  curse  us  as  Yankees  and  intruders,  and  such  things. 

Question.  Is  that  a  general  feeling,  or  merely  occasional  1 

Answer.  That  feeling,  I  think,  has  worn  off,  in  regard  to  ourselves,  since  the  failure  of 
the  rebellion.  It  was  the  general  feeling  before ;  but  since  they  saw  they  could  not  drive  us 
away  from  the  neighborhood  they  have  given  it  up.  In  niy  case  I  suppose  it  is  a  little  dif 
ferent,  for  I  bring  a  good  deal  of  money  into  the  neighborhood,  and  they  therefore  court  my 
favor.  I  am  putting  up  works  and  introducing  a  good  deal  of  labor,  and  that  seems  to  be 
removing  some  of  the  antipathy  to  me. 

Question.  You  are  not  a  native  of  Virginia  ? 

Answer.  No,  sir ;  I  am  a  native  of  Chester  county,  Pennsylvania. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  relate  ? 

Answer.  No,  sir;  I  think  not.  , 

Question.  Are  there  any  Union  troops  in  your  neighborhood  ? 

Answer.  None  nearer  than  Charlestown 


WASHINGTON,  February  21,  1866. 
Rev.  James  W.  Hunnicutt  sworn  and  examined. 
By  Mr.  HOWARD: 

Question.  Where  do  you  reside  ? 

Answer.  Fredericksburg,  Virginia. 

Question.  What  is  your  profession  ? 

Answer.  I  am  a  minister  of  the  gospel,  and  edited  a  religious  paper  before  the  war. 

Question.  To  what  denomination  do  you  belong? 

Answer.  To  the  Baptist. 

Question.  How  long^have  you  resided  in  Fredericksburg  ? 

Answer.  I  came  to  Fredericksburg  in  April,  1847, 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  No,  sir ;  I  am  a  native  of  Pendleton  district,  South  Carolina. 

Question.  Are  you  acquainted  writh  the  state  of  feeling  in  the  neighborhood  where  you 
reside  toward  the  government  of  the  United  States  ? 

Answer.  I  think  I  am. 

Question.  Please  state  what  appears  to  be  the  prevailing  feeling  there. 

Answer.  I  think  you  have  the  religion  of  the  place,  as  it  is  called,  and  the  capital  of  the 
place,  and  the  politics  of  the  place,  and  the  social  influence  of  the  place,  all  against  the 
government  and  against  Union  men  who  are  in  favor  of  the  government.  The  Union  men 
are  virtually  disfranchised. 

Question.  Would  it  be  safe  for  a  Union  man  to  go  to  the  polls  and  vote  there  at  an  elec 
tion? 

Answer.  No,  sir,  not  even  with  the  military  there.  If  the  military  and  the  Freedmen's 
Bureau  were  removed  from  there,  we  could  neither  vote  there  nor  stay  there  in  peace  and 
safety.  That  is  the  honest  conviction  of  my  heart. 


150  RECONSTRUCTION. 

Question.  What  is  the  -feeling  generally  in  your  denomination  ? 

Answer.  I  have  not  visited  any  of  my  churches  in  the  lower  part  of  Virginia,  but  they  are 
generally  secesh — I  am  sorry  to  inform  you — so  much  so  that  I  have  not  received  an  invita 
tion  to  visit  any  church  in  Virginia  since  my  return,  and  there  are  few  members  of  my  church 
who  visit  me. 

Question.  Has  there  been  a  rupture  in  the  Baptist  church  growing  out  of  the  late  troubles  ? 

Answer.  Before  the  war  there  was  a  Methodist  Episcopal  church  and  a  Methodist  church 
south ;  since  the  war  Mr.  Conway,  who  belongs  to  the  Methodist  Episcopal  church,  took 
possession  of  the  parsonage,  and  Mr.  Lanahan  went  down  there  to  look  after  the  property. 
Mr.  Couway,  who  was  a  member  of  his  church  before  the  war,  refused  to  give  up  the 
property  to  Mr.  Lanahan,  and  would  not  let  him  into  the  church.  Mr.  Lanahan  employed 
a  lawyer,  who  got  an  order  from  headquarters  that  the  property  should  be  given  up  to  Dr. 
Green,  who  is  a -member  of  the  Baltimore  conference,  taking  it  from  that  party  which  has 
gone  over  to  the  Methodist  Episcopal  church  south.  Those  who  belonged  to  the  church 
before  the  war  have  gone  over  to  the  Methodist  Episcopal  church  south.  Any  man  who  pro 
fesses  to  be  a  Union  man  is  ignored  in  the  church.  For  instance,  the  Baptists  employed  a 
local  Methodist  preacher  named  Lentner  to  preach  for  them.  He  was  a  drum-major  in  the 
confederate  army.  I  saw  him  myself.  After  the  collapse  of  the  rebellion  the  Baptists  were 
without  a  preacher,  and  this  man  went  to  their  church  and  drummed  them  until  they  could 
get  a  minister. 

Question.  He  kept  up  his  drumming  in  the  pulpit? 

Answer.  Yes,  sir.  When  I  returned  from  the  north,  a  week  ago  last  Sabbath,  I  was  in 
formed  that  there  was  a  colored  free  school  in  Fredericksburg,  and  a  free  school  for  whites. 
I  visited  the  teachers,  and  was  told  how  difficult  it  was  for  them  to  get  board.  Myself  and 
wife  and  Dr.  Smith  paid  them  a  visit  on  Tuesday.  I  visited  the  schools  at  the  request  of 
the  teachers,  and  was  requested  to  address  the  scholars.  I  asked  the  children  if  any  of  the 
preachers  of  the  town  had  visited  them.  They  said  not.  "Has  the  mayor  visited  you?" 
"  He  has  not."  "  Have  any  of  the  councilmen  visited  you?"  "  None.''  "Have  any  of 
the  citizens  visited  you?"  "None."  And  if  the  Freedmen's  Bureau  were  removed  and  the 
military  taken  from  Fredericksburg,  that  school  would  not  continue  in  operation  a  week,  and 
northern  men  could  not  stay  there  a  week. 

Question.  Do  you  think  that  Union  men,  whether  from  the  north  or  residents  in  the  neigh 
borhood,  are  secure  in  the  civil  courts  of  justice  of  the  State  ? 

Answer.  I  do  not  believe  that  any  of  us  will  get  justice  done.  I  hate  to  give  such  a  bad 
account  of  my  fellow-citizens,  but  I  have  no  faith  in  them.  The  preachers  and  the  editors 
are  doing  more  injury  now  to  the  people  of  the  south  than  any  other  class  of  men  there. 

Question.  Do  they  not  pray  for  the  President  of  the  United  States  occasionally  ? 

Answer.  I  do  not  know.  I  do  not  go  to  hear  them  pray.  I  have  no  faith  in  their  prayers 
or  their  churches. 

Question.  What  is  the  effect  of  President  Johnson's  policy  of  reconstruction  there? 

Answer.  They  are  all  now  for  Johnson.  They  cursed  him  and  Peirpoint  and  Brownlow 
and  Hunnicutt — that  is  myself — and  all  of  us  were  alike  until  since  he  has  pardoned  every 
body  down  there ;  and  they  are  now  Johnson  men.  Peirpoint  was  their  man,  but  they  are 
eursing  him  now.  They  are  all  in  favor  of  President  Johnson's  policy  of  reconstruction. 
As  soon  as  they  get  their  ends  served  by  him  they  would  not  touch  him,  but  he  is  their  man 
now.  They  say  that  in  1868  the  south  will  be  a  unit,  and  that  with  the  help  of  the  copper 
head  party  of  the  north  they  will  elect  a  President.  They  do  not  care  to  have  slavery  back, 
but  they  will  try  and  make  the  federal  government  pay  them  for  their  slaves.  A  man  from 
Virginia  told  me  to-day  that  they  would  be  paid  for  their  negroes.  This  gentleman  lost  forty 
negroes.  This  is  their  idea  ;  they  do  not  want  slavery  back,  but  they  want  to  be  paid  for 
their  slaves.  They  say  that  unless  you  accept  their  debt  they  will  repudiate  yours.  They 
say  they  are  not  interested  in  this  government. 

Question.  They  would  be  glad  to  have  Uncle  Sam  assume  the  payment  of  the  confederate 
debt? 

Answer.  Yes,  sir,  and  to  pay  them  for  their  negroes  and  to  indemnify  them  for  their  loss  of 
property  in  the  war.  It  is  an  impression  of  most  of  them,  men,  women  and  children,  that 
they  are  going  to  be  paid  for  every  rail  burned,  for  every  stick  of  timber  destroyed,  and  for 
every  negro  lost.  One  man  told  me  in  my  house  that  as  soon  as  they  could  get  the  reins  of 
government  in  their  hands  they  would  undo  everything  that  this  administration  has  done, 
with  an  awful  adjective  prefixed  to  the  word  "administration."  He  said,  "We  have  as 
much  right  to'  undo  what  the  administration  has  done  as  they  have  to  destroy  the  govern 
ment  of  the  Constitution" — as  they  claim  the  administration  has  done. 

Question.  They  propose  to  get  back  into  the  Union  for  the  purpose  of  restoring  the  Con 
stitution  ? 

Answer.  Yes,  sir ;  and  the  testimony  of  the  negroes  will  not  be  worth  a  snap  of  your  fin 
ger,  and  all  this  is  done  for  policy.  A  negro  can  come  and  give  his  testimony,  and  it  passes 
for  what  it  is  worth  with  the  courts.  They  can  do  what  they  please  with  it ;  there  are  the 
jhidges,  the  lawyers,  and  the  jury  against  the  negro,  and  perhaps  every  one  of  them  is  snig 
gering  and  laughing  while  the  negro  is  giving  his  testimony. 

Question.  Has  not  the  liberal  policy  of  President  Johnson  in  granting  pardons  and  amnes 


VIRGINIA — NORTH   CAROLINA SOUTH   CAROLINA.  151 

ties  rather  tended  to  soothe  and  allay  their  feelings  towards  the  government  of  the  United 
States  ? 

Answer.  No,  sir,  not  towards  the  government  of  the  United  States  nor  towards  the  Union 
men. 

Question.  What  effect  has  it  had  in  that  respect? 

Answer.  It  has  made  them  more  impudent.  They  were  once  humble  and  felt  that  they  had 
done  wrong,  but  this  policy  has  emboldened  them,  and  they  are  more  impudent  to-day,  more 
intolerant,  and  more  prescriptive  than  they  were  in  1864.  They  say  that  we  are  the  traitors 
and  went  over  to  the  damned  Yankees.  Our  present  mayor,  Slaughter,  had  sixty  men  of 
Grant's  army,  who  were  wounded  in  the  wilderness  and  sent  to  Fredericks  burg,  forwarded  to 
General  Lee  as  prisouers-of-war.  When  Fredericksburg  fell  into  our  hands  Slaughter  made 
his  escape.  The  federals  arrested  sixty  citizens  of  Fredericksburg  to  be  held  as  hostages  for 
these  sixty  soldiers  whom  Slaughter  had  sent  to  the  enemy,  and  among  them  was  my  wife's 
brother,  who  was  living  in  Fredericksburg,  and  yet  that  same  Slaughter  was  re-elected  mayor 
of  Fredericksburg  last  summer  after  the  collapse  of  the  rebellion.  Old  Tom  Barton,  the  com 
monwealth's  attorney,  said  in  1861  (and  I  suppose  his  feelings  are  the  same  still)  that  all 
these  Union  shriekers  ought  to  be  hung  as  high  as  Hainan,  and  this  old  man  was  re-elected 
commonwealth  attorney  by  the  people  of  the  county.  Every  member  of  the  rebel  common 
council  was  re-elected.  One  of  the  men  who  were  elected  members  of  the  common  council 
from  that  district  stated  that  none  of  the  Union  men  who  went  over  to  the  Yankees  during 
the*  war  should  be  allowed  to  return  to  Fredericksburg  ;  he  was  also  appointed  director  of  a 
bank  there.  These  are  the  men  we  have  got  over  us,  and  what  kind  of  justice  can  we  expect 
in  the  courts  ? 

Question.  You  will  probably  get  pretty  summary  justice  ? 

Answer.  I  think  so  ;  these  are  facts. 

Question.  Where  is  Slaughter  now  ? 

Answer.  He  is  now  mayor  of  Fredericksburg  and  will  be  re-elected  next  mouth  ;  we  need 
not  run  a  Union  man  there  ;  we  are  disfranchised. 

Question4.  Is  not  Slaughter  a  good  Union  man  ? 

Answer.  Oh !  he  has  been  notoriously  Union  all  the  time,  as  the  papers  say — notoriously 
Union !  I  saw  that  stated  in  a  Fredericksburg  paper;  it  stated  that  they  had  "been  persecu 
ting  Mayor  Slaughter,  who  had  been  notoriously  Union  all  the  time. 

Question.  You  have  not  a  great  deal  of  confidence  in  the  truthfulness  of  secession  ? 

Answer.  No,  sir  ;  I  have  not. 

Question.  Where  their  political  standing  is  concerned  ? 

Answer.  I  used  to  have  some  confidence,  not  in  secession,  but  in  the  people  ;  but  it  seems 
to  me  that  their  whole  nature  and  character  has  been  changed,  and  that  when  treason  enters 
a  man's  heart,  every  virtue  lie  has  departs. 

Question.  Could  Jefferson  Davis  be  convicted  of  treason  in  that  part  of  Virginia  ? 

Answer.  As  I  went  home  last  Sunday  week  in  the  boat,  I  was  in  company  with  a  delega 
tion  from  the  Virginia  legislature  which  waited  upon  President  Johnson,  and  I  heard  one  of 
them  say  that  there  could  not  be  a  jury  obtained  south  of  the  Potomac  who  would  convict 
Jeff.  Davis,  and  that  the  man  who  would  write  down  there  that  Jeff.  Davis  should  be  punished 
would  be  in  danger.  Jeff.  Davis  cannpt  be  punished  down  there,  and  they  would  elect  Lee 
to-morrow,  if  there  were  no  difficulty  in  the  way,  governor  of  Virginia.  There  is  no  ques 
tion  about  that  in  my  mind.  •  » 

Question.  Do  you  think  of  anything  that  you  wish  to  relate  ? 

Answer.  No,  sir ;  I  simply  wish  to  state  that  I  make  these  remarks  conscientiously.  I  was 
born  and  raised  in  the  south  ;  my  interests  of  every  kind,  social,  financial,  religious  and  po 
litical,  are  in  the  south  ;  my  church  is  in  the  south,  and  I  am  going  soon  to  Richmond  to  edit 
a  paper.  Nothing  but  the  good  of  the  country,  my  own  safety,  and  the  safety  of  my  child 
ren,  and  of  Union  men  and  or  freedmen,  could  have  induced  me  to  come  before  you  and  make 
this  statement.  I  am  a  friend  of  the  south.  I  have  written  for  the  south,  and  I  shall  write 
in  behalf  of  the  south,  but  the  south  is  one  thing,  and  traitors  and  treason  in  the  south  are 
different  things. 

Question.  What  is  the  political  character  of  the  Richmond  Dispatch? 

Answer.  There  are  seven  papers  published  in  Richmond — seven  of  them  ;  and  every  one 
of  them  is  disloyal  to  the  core,  except  the  Republic,  and  you  know  the  character  of  that. 
The  Dispatch  was  one  of  the  most  devilish  sheets  in  the  State  while  the  rebellion  was  going 
on,  and  it  has  got  the  same  ring  to  it  yet,  and  so  have  all  of  them. 

Question.  What  is  the  political  character  of  the  Alexandria  Gazette  ? 

Answer.  That  is  all  secesh,  heel,  soul  and  body,  and  has  been  all  the  time.  I  used  to  ex 
change  with  the  Alexandria  Gazette  before  the  war.  I  made  speeches  in  Alexandria  in  J8&5 
and  J864,  and  they  reported  my  speeches  and  made  the  worst  they  could  of  everything  in 
order  to  make  me  odious.  It  is  a  "  notoriously  loyal"  sheet,  as  they  would  say  of  Mayor 
Slaughter. 

Question.  Loyal  on  the  p*rinciple  of  reconstruction  ? 

Answer.  Yes,  sir. 

Question.  Do  you  know  much  about  the  condition  of  South  Carolina  ? 

Answer.  I  do  not ;  but  secesh  is  the  same  everywhere. 


1 52  RECONSTRUCTION. 

WASHINGTON,  February  28,  1866. 
Frederick  H.  Bruce  sworn  and  examined. 

By  Mr.  HOWARD: 

Question.  Where  do  you  reside  ? 

Answer.  I  reside  in  Rappahannock  county,  Virginia. 

Question.  What  is  your  present  occupation  ? 

Answer.  Mail  agent,  United  States  Post  Office  Department. 

Question.  On  what  lines  in  Virginia  .' 

Answer.  From  Washington  to  Lyrichburg. 

Question.  How  long  have  you  held  that  post  ? 

Answer.  Since  July  last. 

Question.  Have  you  mingled  freely  with  the  people  of  Virginia  during  that  time? 

Answer.  I  have  in  that  portion  of  Virginia  in  which  I  have  travelled.  I  have  mingled 
very  freely  with  them. 

Question.  Were  you  raised  in  Virginia? 

Answer.  Yes,  sir. 

Question.  Were  you  in  Virginia  during  the  war? 

Answer.  Yes,  sir. 

Question.  Did  you  take  any  part  in  the  war? 

Answer.  The  part  I  took  in  the  war  is  on  record  in  the  Post  Office  Department. 

Question.  You  were  drafted,  I  suppose? 

Answer.  No,  sir ;  I  was  not  drafted ;  I  was  called  out  by  the  governor  of  the  State. 

Question.  You  never  have  been  in  active  service  ? 

Answer.  I  never  voluntarily,  or  of  my  own  free  will,  gave  any  active  service  to  the  re 
bellion. 

Question.  So  far  as  your  knowledge  and  information  extends,  what  can  you  say  as  to  the 
present  condition  of  feeling  among  the  residents  of  Virginia  towards  the  United  States;  is  it 
friendly  or  unfriendly  ? 

Answer.  I  consider  it  unfriendly.  As  to  those  politicians  whom  I  have  heard  converse,  I 
can  only  repeat  their  remarks,  from  which  I  have  in  part  made  up  my  opinion.  I  can  better 
illustrate,  perhaps,  by  these  conversations  than  in  any  other  way.  I  heard  a  man  in  Vir 
ginia,  now  commonwealth's  attorney,  a  man  of  influence  in  the  county  in  which  he  lives, 
and  of  considerable  ability,  not  ten  days  ago,  express  the  sentiment  that  he  indorsed  or  jus 
tified  the  assassination  of  President  Lincoln ;  that  he  rejoiced  at  it,  and  if  he  could  would 
build  a  monument  to  the  memory  of  Booth  as  high  as  the  skies ;  and  this  man  was  holding 
office  in  that  State. 

Question.  Appointed  under  what  administration? 

Answer.  He  was  elected  by  the  people  of  the  county. 

Question.  Do  you  regard  him  as  a  fair  type  of  the  political  class  to  which  he  belongs,  or 
as  an  extremist  ? 

Answer.  I  suppose  if  he  and  a  loyal  man  of  the  county  were  candidates  together,  he 
would  receive  the  unanimous  vote  of  the  county,  with  perhaps  fifty  or  one  hundred  excep 
tions.  He  also  stated  that  those  who  did  not  uphold  tne  President  in  his  restoration  policy, 
and  were  not  identified  with  their  people  against  the  radicals,  would  forever  be  denounced  in 
the  southern  States;  that  they  ought  not  and  could  not  expect  any  political  favors;  that  ho 
considered  it  a  crime,  politically  and  morally,  for  a  man  to  favor  the  Sumuer  and  Stevens 
policy. 

Question.  Had  this  man  been  pardoned  ? 

Answer.  I  do  not  think  he  came  under  any  of  the  exceptions  in  the  amnesty  proclama 
tion.  He  had  not  $20,000,  and  he  had  not  participated  in  tlte  rebellion  to  the  extent  of 
having  been  in  the  army.  I  heard  a  doctor,  a  man  of  influence,  last  week  make  a  remark, 
which  I  believe  is  the  general  sentiment  of  almost  every  one  in  that  part  of  Virginia.  He 
said  he  did  all  he  could  during  the  rebellion,  and  did  not  regret  it;  that  he- was  ready  and 
willing  to  resume  hostilities  at  any  time;  that  his  only  regret  was  that  he  could  not  have 
done  more.  This  ren:ark  was  made  last  Saturday. 

Question.  Was  that  doctor  a  man  of  position  and  influence  ? 

Answer.  He  was  a  man  of  position  and  of  considerable  family  influence. 

Question.  Will  you  name  any  other  instance? 

Answer.  I  will  mention  an  incident,  as  told  to  me,  that  occurred  in  the  early  part  of  the 
summer,  during  the  canvass  for  members  of  the  legislature.  One  of  the  candidates  had  just 
taken  the  amnesty  oath,  and  after  he  had  taken  it,  he  picked  up  a  Constitution,  of  the  United 
States,  spit  upon  it,  threw  it  down,  and  trampled  it  under  his  feet. 

Question.  Was  he  elected  to  the  legislature? 

Answer.  No,  sir;  lie  was  defeated  by  a  small  majority. 

Question.  Was  a  Union  man  elected  in  his  place  .' 

Answer.  No ;  he  was  not  a  Union  man;  a  Union  man  could  not  have  been  elected  in  that 
county.  This  man,  I  was  informed,  hud  made  himself  obnoxious  among  the  people  there 
during  the  war,  in  consequence  of  the  tyrannical  course  he  had  pursued  towards  poor  people, 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  153 

and  was  for  that  reason  defeated ;  but  he  was  an  influential  man,  and  a  man  of  wealth.  You 
have  perhaps  heard  of  the  difficulty  that  occurred  at  Gordonsville,  which  was  reported  in  the 
papers,  in  which  a  mail  agent  was  concerned ;  I  was  unfortunately  that  mail  agent. 

Question.  You  will  please  state  it  now. 

Answer.  In  regard  to  the  facts  of  the  case  as  they  occurred,  I  do  not  suppose  it  is  necessary 
to  mention  them;  I  only  refer  to  it  for  the  purpose  of  illustrating  the  spirit  of  the  people. 
While  they  were  abusing  me,  I  made  some  remark  to  them,  which  was  replied  to ;  and  the 
reply  seemed  to  hit  the  crowd,  who  took  off  their  hats,  shouted,  ''Jeff.  Davis  and  the  Con 
federate  States,"  and  gave  three  rounds  of  cheers.  That  was  only  last  Christmas  day. 

Question.  Did  they  commit  or  attempt  to  commit  any  violence  upon  you  ? 

Answer.  They  attempted  to  do  it,  but  failed  to  inflict  any  material  injury.  I  can  state  in 
regard  to  the  condition  of  things  in  the  city  of  Lynchburg,  that  I  have  been  informed  by 
persons  in  the  employment  of  the  government,  that  if  the  troops  were  withdrawn  from  the 
city  no  man  connected  with  the  United  States  government  would  be  safe  in  walking  in  the 
streets  after  dark,  and  I  am  fully  satisfied  of  that  fact. 

Question.  Does  this  arise  from  a  hostile  and  bitter  feeling  on  the  part  of  secessionists 
•  towards  Union  men  and  the  government  of  the  United  States  ? 

Answer.  Yes ;  towards  all  Union  men. 

Question.  Is  that  a  very  general  impression  pervading  that  district  of  country  ? 

Answer.  Yes,  though  not  especially  in  that  district.  I  may  state,  that  having  been  re 
quested  by  the  department,  in  accordance  with  my  duty,  I  endeavored  to  get  post  offices 
established  at  the  various  points  along  the  road,  and  I  succeeded,  with  the  exception  of  one 
or  two  places.  About  two  months  ago  I  asked  a  young  man  in  Amherst  county,  at  a 
station  there,  if  he  could  not  hunt  up  some  one  for  postmaster  there.  He  very  indignantly 
replied,  "  No ;  no  man  was  going  to  take  that  God  d — d  oath."  I  kept  my  temper,  not  wish 
ing  to  get  into  any  controversy  with  him,  and  said,  "  Cannot  you  find  some  lady  to  take  it; 
it  is  necessary  that  some  one  should  take  it,  if  the  post  office  is  to  be  established."  He  said, 
"No;  he  might  find  some  d — d  nigger  to  take  it."  I  replied,  "That  would  be  the  most  suit 
able  person  for  such  men."  There  is  one  matter  to  which  I  wish  to  call  your  attention. 
There  is  a  State  law  in  existence  in  Virginia  prohibiting  postmasters,  under  the  penalty  of 
fine,  from  delivering  what  are  termed  "incendiary  documents."  It  is  a  law  which,  in  my 
opinion,  has  never  been  repealed. 

Question.   Can  you  give  the  date  of  it  ?  « 

Answer.  I  cannot.  I  suppose  it  has  been  in  existence  fifteen  or  twenty  years.  There 
were  such  laws  in  most  of  the  southern  States.  If  it  has  been  repealed  in  Virginia  I  have 
never  seen  any  notice  of  it.  I  call  attention  to  it  because  I  do  not  think  such  a  law  ought 
to  remain.  The  postmasters,  I  believe,  were  made  the  judges  as  to  what  were  incendiary, 
and  they  refused  to  deliver  such  documents.  I  recollect  the  New  York  Tribune  and  Helper 
book  were  considered  as  especially  incendiary. 

Question.  Have  you  heard  ef  any  cases  where  postmasters  have  prevented  the  circulation 
of  documents  through  the  mail? 

Answer.  I  have  not  since  the  war.  About  ten  days  ago  I  heard  a  gentlemen — a  man  of 
influence  in  his  county  in  Virginia — remark  that  he  would  hail  the  day  with  joy  when  the 
extermination  of  races  came,  as  the  only  means  by  which  they  could  "get  rid  of  the  negro." 
He  made  it  in  my  presence  and  in  the  presence  of  the  postmaster,  where  I  was — a  loyal  man. 
I  begged  him  not  to  make  such  remarks.  I  said  to  him  that  he  was  a  friend  of  mine,  and 
that  if  he  persisted  in  talking  that  way  in  my  presence,  it  might  become  necessary  for  me 
to  report  the  facts.  I  did  not  want  to  hear  my  friend  make  use  of  such  language. 

Question.  Did  he  repeat  it  ? 

Answer.  Yes,  he  repeated  it. 

Question.  Is  there  any  other  incident  that  occurs  to  you  ? 

Answer.  I  do  not  know  that  there  is  any  other  leading  incident. 

Question.  How  much  chance  does  a  Union  man  stand  in  that  region  for  obtaining  justice 
iu  the  courts  of  the  State  ? 

Answer.  My  honest  impression  is  that  a  leading  Union  man — one  who  had  made  himself 
notorious  or  conspicuous  as  such,  as  against  a  southern  man  who  had  been  in  the  rebellion — 
would  not  have  an  equal  show  in  the  courts  of  justice.  The  prejudice  is  so  strong,  that  while 
they  may  think  they  are  acting  honestly  they  will  unconsciously  be  led  astray  ;  and  I  have 
no  doubt  there  are  men  there  who  would  not  under  any  circumstances  do  justice  to  a  Union 
man  in  a  controversy  between  him  and  a  secessionist.  I  believe,  however,  I  could  get  justice 
in  my  own  county. 

Question.  How  do  the  secessionists  generally  feel  there  towards  the  freedmen  ? 

Answer.  I  can  only  judge  by  the  expressions  I  have  heard  used.  A  man  who  owned 
slaves,  and  whose  slaves  remained  with  him  during  the  war  perfectly  faithful,  remarked  in 
my  hearing  that  he  had  n»  interest  whatever  in  them  now ;  that  while  they  were  his  slaves 
it  was  his  interest  to  treat  them  well,  but  he  had  no  interest  in  them  now :  that  they  might 
"rot,"  so  far  as  his  looking  after  them,  getting  a  doctor  for  them,  or  anything  of  that  kind. 
That  seems  to  be  the  general  feeling.  I  do  not  think  there  is  any  interest  taken  in  these 
people.  This  is  not,  of  course,  the  universal  feeling ;  there  are  some  good  men  who  will 
look  after  them  and  treat  them  well. 


154  RECONSTRUCTION. 

Question.  Suppose  the  federal  troops  should  be  withdrawn,  and  the  Freedmen's  Bureau  be 
withdrawn:  what,  in  your  opinion,  would  be  the  treatment  of  the  secessionists  towards  the 
negroes  ? 

Answer.  I  believe  the  condition  of  the  negroes  would  be  worse  than  it  has  ever  been  during 
the  time  of  their  servitude.  I  do  not  think  they  could  possibly  remain  in  some  portions  of 
the  country,  unless  the  secessionists  should  find  it  to  their  interest  to  retain  them.  In  some 
instances  it  may  be  so  much  for  theiri  nterest  to  retain  them  that  they  will  be  treated  well. 

Question.  Have  you  been  a  slaveholder  ? 

Answer.  No,  sir.  I  have  been  a  slave-hirer  for  a  good  many  years.  In  some  instances 
the  freed  men  behave  badly.  In  some  instances  they  will  not  keep  to  their  contract.  Of 
course,  you  will  find  sorry  negroes,  as  you  find  sorry  white  men ;  but,  as  a  general  thing, 
the  former  slaves  or  freedmen  are  behaving  remarkably  well  in  the  portion  of  Virginia  where 
I  have  been. 

Question.  If  they  are  paid  fair  or  reasonable  wages  will  not  they  work  ? 

Answer.  I  think  a  majority  of  them  will.  A  majority  of  them  seem  to  show  a  disposition 
to  work.  At  the  same  time  they  seem  to  show  a  disposition  to  assert  their  freedom,  not  by 
any  violence  of  word  or  action,  but  they  are  disposed  to  keep  to  themselves,  to  get  a  little 
land  to  work  on  for  themselves,  and  what  they  term  "  go  to  housekeeping"  and  "living  in 
dependently." 

Question.  Do  many  of  the  free  negroes  own  property  in  that  section  of  country  ? 

Answer.  No,  sir. 

Question.  Do  you  discover  a  willingness  or  unwillingness  upon  the  part  of  the  whites  to 
recognize  the  right  of  the  freedmen  to  hold  or  own  property,  real  or  personal  ? 

Answer.  I  think  there  is  a  great  unwillingness  on  the  part  of  the  people  to  allow  them  to 
own  property.  I  judge  from  the  fact  that  it  is  with  great  difficulty  that  a  negro  can  rent  land 
to  tend  himself.  They  allow  them  no  privileges  in  that  respect.  If  the  negroes  will  work 
for  them  they  will  hire  them,  but  they  are  not  willing  to  rent  them  lands  or  recognize  them 
as  citizens  in  any  respect. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  blacks  ? 

Answer.  There  is  great  animosity  against  it  in  some  localities.  I  will  mention  an  instance. 
A  man  at  a  town  in  Virginia  established  a  freedmen's  school.  I  was  asked  the  question,  did 

I  suppose,  or  did  "  the  God  d d  government "  suppose,  that  they  would  submit  to  having 

a  freedmen  s  school  there,  or  submit  to  be  taxed  to  "educate  the  d d  niggers  ?  "     I  asked 

him  how  he  was  going  to  prevent  it.     He  said  he  would  prevent  it  by  shooting  every  teacher 
they  sent  there. 

Question.  Do  you  know  of  any  instances  of  violence  committed  upon  the  teachers  of  the 
blacks  ? 

Answer.  None  of  my  own  knowledge.  I  have  heard  them  say  in  one  place,  in  boast, 
that  they  had  run  off  or  frightened  away  one  teacher  sent  there,  and  that  the  other  better  look 
out.  My  informant  said  that  he  would  be  shot ;  he  was  not  going  to  do  it,  but  he  would  be 
shot. 

Question.  How  do  they  look  upon  the  question  of  the  negroes  voting? 

Answer.  That  is  not  a  question  they  even  allow  themselves  to  debate.  They  consider  it 
too  monstrous  a  proposition  even  to  debate.  That  is  one  of  the  things  they  imagine  they 
will  never  submit  to.  They  will  suffer  confiscation  and  everything  before  they  will  endure 
that  degradation.  I  noticed  for  a  while  after  the  surrender,  and  while  the  power  of  the 
government  was  held  with  a  very  firm  grasp,  while  -they  supposed  their  property  was  in 
%  danger  of  being  taken  away  from  them,  that  most  of  the  twenty-thousand-doilar  men  were 
very  submissive  and  quiet.  You  would  not  hear  any  violent  words  from  them  ;  they  were 
willing  to  sustain  the  government,  and  perfectly  willing  to  agree  to  any  means  of  restoration. 
But  since  they  have  obtained  their  pardons,  and  their  property  is  safe,  they  are  as  violent  as 
any  other  class  of  secessionists.  I  can  see  but  very  little  difference  in  the  portion  of  Virginia 
in  which  I  have  been,  so  far  as  the  expressed  feelings  of  the  people  are  concerned,  between 
now  and  before  the  war.  The  same  reign  of  terror  for  Union  men  which  existed  then  exists 
now.  I  can  get  along,  and  any  Union  man  can  get  along  with  them  if  he  will  sit  still,  take 
all  sorts  of  abuse,  and  never  resent  it.  They  take  occasion  to  come  round  me  and  make  use 
of  all  sorts  of  taunts  and  abuse.  You  will  have  to  submit  to  it,  or,  if  you  make  any  reply, 
you  will  have  violence  on  the  spot.  That  is  the  only  way  a  loyal  man  can  get  along  in  peace 
in  that  country. 

Question.  How  do  they  fe'el  towards  northern  loyalists — towards  men  from  the  north  who 
have  favored  the  prosecution  of  the  war  against  the  rebellion  ? 

Answer.  Their  hatred  towards  them  is  just  as  great  as  it  is  towards  loyal  men  in  the  south. 
As  I  remarked,  there  is  still  the  same  reign  of  terror  there  was  before  the  war,  the  only  differ 
ence  being  that  then  they  had  it  all  their  own  way.  I  believe  now  that  if  the  army  were 
withdrawn,  and  the  Freedmen's  Bureau  were  withdrawn,  an  actively  loyal  man  could  not 
live  in  some  parts  of  Virginia.  A  great  many  of  these  men  even  claim  to  be  loyal,  and  say 
they  are  the  only  loyal  men  ;  that  Congress  is  disloyal. 

Question.  In  case  the  secessionists  of  Virginia  should  have  another  opportunity  to  go  out 
of  the  Union ;  in  case,  in  the  course  of  political  events,  they  should  imagine  they  saw  in  the 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  155 

circumstances  surrounding  thorn  a  chance  to  get  out  of  the  Union  again,  would  they  avail 
themselves  of  it  ? 

Answer.  None  of  them  deny  that  they  would  rather  live  under  some  other  government 
than  the  United  States.  They  now  complain  very  bitterly  that  their  members  are  not  ad 
mitted  to  Congress.  I  have  asked  them  the  question  whether,  if  they  had  the  opportunity, 
they  would  not  rather  live  under  a  separate  government.  None  of  them  can  deny,  or  pre 
tend  to  deny,  that  they  would.  I  then  asked  them  whether,  holding  such  sentiments,  they 
had  the  right  to  ask  to  be  admitted  to  a  full  voice  in  administering  the  affairs  of  the  govern 
ment.  These  are  th<P  sentiments  of  nearly  all  the  men  in  the  section  of  Virginia  with  which 
I  am  familiar.  There  are,  of  course,  exceptions.  There  are  some  good  loyal  men  there, 
men  who  have  never  been  secessionists,  and  there  are  men  who  were  original  secessionists, 
who  fought  through  the  war  to  establish  the  confederacy,  but,  having  failed,  are  now  willing 
in  good  faith  to  sustain  the  government.  But  the  great  mass  of  the  politicians,  who  are  the 
leaders  of  the  people,  are  not  of  that  spirit.  They  do  not  want  the  people  to  heartily  support 
the  government.  They  make  them  believe  that  the  United  States  government  is  oppressing 
them,  robbing  them  of  their  rights,  and  so  keep  them  in  ignorance,  for  a  very  large  portion 
of  the  people  have  no  other  means  of  information  upon  these  subjects.  I  would  suggest  that 
documents  ought  to  be  distributed  among  these  people.  Those  who  are  willing  and  desire  to 
be  enlightened  have  not  the  means,  and  so  remain  in  perfect  ignorance. 

Question.  Have  you  reason  to  believe  there  is  any  secret  association  or  organization  down 
there  with  the  view  of  a  renewal  of  the  war,  or  of  the  ultimate  secession  of  the  rebel  States  ? 

Answer.  No,  sir ;  I  have  no  reason  to  believe  there  is  any  such  concert  of  action. 

Question.  In  case  of  a  foreign  war  between  the  United  States  and  any  foreign  govern 
ment,  such  as  England  or  France,  what  do  you  think  would  be  the  course  pursued  by  the 
secessionists  ? 

Answer.  I  have  heard  some  of  them  say  they  had  taken  the  amnesty  oath  from  policy,  and 
they  would  only  regard  it  as  far  as  it  suited  their  policy ;  that,  if  the  United  States  should 
get  into  a  war  with  a  foreign  nation,  they  would  not  take  up  arms  against  that  government, 
but  for  it.  I  do  not  know  whether  that  sentiment  is  entertained  generally,  but  I  have  heard 
soldiers  say  it. 


WASHINGTON,  February  10,  1866. 
William  T.  Joynes  sworn  and  examined. 

By  Mr.  HOWARD: 

Question.  Where  do  you  reside  ? 
•    Answer.  Petersburg,  Virginia. 

Question.  Are  you  a  native  Virginian  ? 

Answer.  I  was  born  in  Virginia,  and  have  resided  there  all  my  life. 

Question.  What  is  your  occupation  ? 

Answer.  I  am  an  attorney-at-law. 

Question.  Do  you  hold  any  public  office  now  ? 

Answer.  I  am  a  member  of  the  house  of  delegates  of  Virginia,  and  chairman  of  the  com 
mittee  on  courts  of  justice. 

Question.  Have  the  goodness  to  state  the  effect  of  a  certain  clause  in  what  is  called  the 
Alexandria  constitution  of  Virginia,  which  has  been  repealed  or  modified  by  an  act  of  the 
legislature,  relating  to  suffrage. . 

Answer.  By  the  third  article  of  that  constitution  the  qualifications  of  suffrage  were  pre 
scribed.  In  addition  to  the  qualification  of  residence,  age,  &c.,  it  was  provided  that  no 
person  should  exercise  the  right  of  suffrage  who  did  not  take  a  certain  oath.  It  was  provided 
in  that  same  clause  that  it  should  be  in  the  power  of  the  legislature  to  remove  the  disability 
created  by  that  provision ;  that  was  a  general  provision,  applicable  to  the  whole  people. 
There  followed  that  a  clause  applicable  to  those  who  had  held  office  under  the  confederate 
government  orunder  the  rebel  State  government ;  and  it  was  provided  thatno  person  should  hold 
office  or  vote  under  the  constitution  of  the  State  who  held  office  under  the  confederate  government 
or  rebel  State  government ;  and  it  was  further  provided  that  every  officer  in  the  State  should 
take  the  oath  prescribed  in  the  preceding  part  of  that  section.  At  a  special  session  of  the 
legislature  held  in  June,  1865,  the  legislature,  acting  under  the  provision  of  the  prior  part  of 
that  clause,  modified  the  right  of  suffrage  by  changing  the  form  of  the  oath  which  the  voter 
should  take,  and  enabled  .those  who  had  taken  paTt  in  the  rebellion,  but  who  were  prepared 
to  tal$e  the  oath  of  amnesty,  to  vote :  and  provided  that,  instead  of  taking  an  oath  that  they 
had  taken  no  part  in  the  rebellion,  they  should  take  the  amnesty  oath ;  that  was  done  by 
an  act  of  June,  1865 ;  but  that  only  applied  to  the  qualifications  for  suffrage,  which  were 
applicable  to  the  whole  people,  and  had  no  application  to  those  who  had  held  office  under 
the  confederate  government  or  rebel  State  government,  and  who  were  the  subjects  of  a  special 
disqualification  in  the  latter  part  of  that  clause.  It  was  not  in  the  power  of  the  legislature 


156  RECONSTRUCTION. 

to  reach  this  by  its  own  direct  action  ;  its  power  being  confined  to  that  provision  which  was 
general,  which  applied  to  all  the  people.  The  legislature  therefore  passed  an  act  directing  the 
governor  to  submit  the  question  to  the  people  at  the  polls  whether  the  legislature  should  have 
authority  to  alter  or  amend  the  third  article  of  the  constitution';  that  question  was  submitted 
by  the  governor  in  the  election  in  October  last,  at  which  time  the  members  of  the  general 
assembly  now  sitting  were  elected  ;  and  by  a  vote  nearly  unanimous  (in  our  part  of  the  State 
it  was  entirely  unanimous,  and  there  were  perhaps  only  a  few  hundred  votes  against  it  in  all 
the  State)  power  was  given  to  the  legislature  to  alter  or  amend  that  part  of  the  constitution. 

Question.  Had  the  secessionists  a  right  to  vote  at  the  polls  on  that  question  ? 

Answer.  Every  person  could  vote  who  had  taken  the  amnesty  oath.  I  think  the  oath  is 
very  much  in  the  form  of  the  amnesty  oath ;  it  is  prescribed  in  the  act  of  23d  June,  1805. 

Question.  No  person  who  had  not  taken  the  amnesty  oath  could  vote  on  that  question? 

Answer.  No  person  who  had  not  taken  the  oath  prescribed  in  that  act  could  vote  ;  which, 
I  believe,  is  the  amnesty  oath  in  effect. 

Question.  Have  you  any  doubt  about  the  constitutionality  of  that  act  of  the  legislature 
removing  the  restriction  ? 

Answer.  None ;  because  the  terms  of  the  constitution  are  very  plain — that  it  shall  be  in 
the  power  of  the  legislature  to  remove  that  restriction.  I  have  no  doubt  of  the  constitution 
ality  of  that  act.  The  power  which  the  legislature  exercised  in  submitting  the  question  to 
the  people  at  the  October  election  was  a  power  which  is  not  to  be  found  in  any  express  grant 
of  the  constitution ;  but  it  is  such  a  power  as  we  would  say,  results  from  the  original  sov 
ereignty  of  the  people.  The  question  was  left  to  them.  Acting  under  that  authority  the 
legislature  repealed  that  particular  part  of  the  constitution  which  disqualified  all  those  who 
had  held  office  under  the  rebel  State  government  or  under  the  confederate  government,  and 
it  is  in  that  way  it  stands  now.  There  was  a  provision  in  that  constitution  for  voting  by 
ballot.  Our  mode  of  voting  has  always  been  viva  vocc;  and  there  was  a  strong  prejudice 
against  the  introduction  of  voting  by  ballot ;  it  was  a  novelty  which  the  people  did  not  un 
derstand  and  would  not  accept,  and  the  general  feeling  was  to  restore  the  old  system  of 
voting.  The  legislature  also  restored  the  period  of  residence  as  in  the  old  constitution :  two 
years  in  the  State,  and  twelve  months  in  the  county  or  corporation. 

Question.  Is  that  at  present  the  law  ? 

Answer.  I  believe  the  bill  has  been  passed  by  both  houses,  but  there  is  some  amendment 
pending  in  one  of  the  houses.  We  require  that  the  voter  shall  be  twenty-one  years  of  age ; 
shall  have  resided  two  years  in  the  State  and  twelve  months  in  the  county,  which  was  the 
term  of  residence  fixed  by  the  constitution  of  1851.  The  Alexandria  constitution  had  reduced 
the  term  of  residence  in  the  State  to  twelve  months,  and  in  the  county  to  six  months.  The 
Alexandria  constitution  provided,  also,  that  the  voter  should  pay  his  taxes  to  the  State.  The 
constitution  of  1851  did  not  require  the  payment  of  taxes,  so  that  anybody,  whether  he  paid 
his  taxes  or  not,  could  vote.  As  it  passed  the  house  of  delegates  we  required  the  payment  of 
taxes  to  the  State  as  well  as  to  the  county.  In  the  senate  they  struck  out  the  provision 
about  the  payment  of  taxes,  and  it  has  come  back  to  our  house  now  with  the  requisites  of 
age  and  residence  and  without  the  requisite  of  the  payment  of  taxes ;  and  my  impression  is 
that  our  house  has  not  acted  on  that  proposition. 

Question.  The  qualification  for  residence,  as  passed,  is  two  years  ? 

Answer.  Yes,  sir;  which  is  the  same  as  prescribed  by  the  constitution  of  1851. 

Question.  So  that  there  will  be  no  substantial  alteration  of  the  old  constitution  in  that 
respect  ? 

Answer.  None  at  all,  sir.  There  was  an  effort  made  to  raise  the  term  of  residence  to  five 
years,  but  that  was  defeated  by  an  overwhelming  vote. 

Question.  Are  there  many  members  of  the  house  of  delegates  who  have  been  rebels  during 
the  war;  who  have  taken  an  active  part  in  promoting  the  objects  of  the  rebellion,  whether 
as  officers  civil  or  military  ? 

Answer.  I  think  I  may  say  that  a  large  majority  never  held  any  office,  civil  or  military, 
during  the  war.  There  is  a  large  proportion  of,  old  men  in  the  house  of  delegates ;  I  think 
there  is  probably  a  considerable  majority  above  the  military  age.  The  speaker  of  the  house 
was  a  colonel  in  the  service  of  the  State  of  Virginia,  held  the  office  of  inspector  general  for 
awhile,  arid  was  a  member  of  the  confederate  congress ;  I  speak  of  Mr.  Baldwin.  I  was 
myself  a  judge,  but  I  had  no  other  connexion  with  the  rebel  government  in  any  form.  I  was 
elected  a  judge  to  supply  a  vacancy  during  the  war.  I  never  was  in  the  army  or  in  the  civil 
service  in  any  shape. 

Question.  Are  you  generally  acquainted  with  the  leading  men  in  the  State  of  Virginia? 

Answer.  Yes,  sir.  Take  my  own  committee,  consisting  of  fifteen  gentlemen ;  they  are 
mostly  men  above  the  military  age,  and  certainly  not  a  man  of  them  has  been  in  the  military 
service  during  the  war.  • 

Question.  Are  there  not  a  majority  in  each  of  the  two  houses  who  have  been  regarded  as 
secessionists  ? 

Answer.  Originally  the  number  of  secessionists  in  the  State  was  very  small.  I  will  state 
a  fact  that  will  probably  astonish  you.  The  first  time  that  I  ever  heard  any  man  say  that  he 
desired  a  dissolution  of  the  Union  was  during  the  session  of  the  democratic  convention  at 
Petersburg  which  nominated  Mr.  Letcher  in  1859 ;  that  is  the  first  time  in  all  my  life  that  i 


. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  157 

ever  heard  that  sentiment  expressed.  I  confess  I  was  very  much  shocked  at  it,  and  I  said  to  the 
gentleman,  "Is  it  possible?"  And  he  said  with  some  vehemence,  "Yes;  that  he  wished  the 
Union  might  go  to  flinders  before  break  fast  to-morrow  morning."  The  next  time,  so  far  as  I 
recollect,  that  I  heard  the  declaration  was  from  old  Mr.  Euffin,  which  was  some  time  in  1860  ; 
he  killed  himself  after  the  surrender  of  General  Lee.  Said  I,  "Mr.  Ruffin,are  you  in  the 
habit  of  expressing  opinions  of  that  kind  ?"  "  I  ha%e  been  in  that  habit,"  said  he,  "for  ten 
years."  I  merely  mention  this  to  show  you  what  is  not  generally  understood,  that  the  number 
of  those  who  originally  desired  secession  was  very  small ;  so  small  as  to  occasion  that  surprise 
on  my  part  when  I  heard  that  declaration.  When  the  election  of  Mr.  Lincoln  was  pending, 
when  all  these  unfortunate  questions  arose,  and  when  excitement  and  bitter  feelings  grew 
up,  of  course  the  number  of  secessionists  increased ;  some  upon  principle  and  some  upon 
policy.  After  the  election  of  Mr.  Lincoln  and  the  secession  of  South  Carolina  there  were  a 
great  many  who  thought  that  the  safest  course,  the  politic  course,  although  they  originally 
disapproved  it  and  thought  the  secession  of  South  Carolina  unnecessary  and  improper,  was 
ibr  all  the  southern  States  to  go  together  and  do  it  at  once.  In  that  stage  of  the  affair,  the 
secession  of  South  Carolina  having  taken  place  in  December,  the  election  for  members  of  the 
convention  took  place  in  Virginia,  and  a  very  large  majority  of  persons  utterly  averse  to  the 
dissolution  of  the  Union  were  elected.  This  was  in  February.  '  Some  of  the  States  further 
south  had  already  seceded  in  January.  Of  course,  as  you  may  imagine,  the  whole  caldron 
was  boiling  with  excitement,  and  there  was  great  division-  of  opinion  in  Virginia ;  some 
were  in  favor  of  an  immediate  co-operative  action  with  the  southern  States  ;  others  said,  no  ; 
that  we  were  more  identified  with  the  border  States,  and  that  we  should  act  with  them  ;  others 
insisted  that  we  should  not  act  with  either,  but  should  wait  until  some  overt  act  of  violence 
was  committed  against  the  southern  States  ;  but  after  the  attack  on  Fort  Sumter,  and  Mr. 
Lincoln's  proclamation  of  the  15th  of  April,  then  there  was  an  entire  change  of  feeling  and 
opinion  in  the  convention  and  throughout  the  State,  and  the  ordinance  of  secession,  which 
had  been  over  and  over  again  defeated  up  to  that  time,  was  passed  almost  unanimously  on  the 
17th  of  April.  There  was  a  general  concurrence  upon  the  part  of  the  people  of  the  State, 
whether  they  approved  secession  or  deprecated  it,  in  the  opinion  that  interest,  and  duty,  and 
policy  alike  required  that  they  should  stand  by  their  old  neighbors  and  friends ;  in  other 
words,  as  the  fight  was  made,  they  would  have  to  take  sides.  The  most  conservative  men, 
with  the  rarest  exceptions. ,  those  wTho  were  opposed  to  any  attempt  to  destroy  the  govern 
ment,  who  sincerely  desired  that  it  should  be  preserved,  and  did  everything  they  could  to 
avert  war,  some  of  them  voted  for  the  ordinance  of  secession  in  convention ;  they  did  not  see 
how  they  could  stand  against  the  current,  or  how  they  could  possibly  accomplish  anything  if 
they  attempted  it. 

Question.  Was  it  a  very  prevalent  opinion  among  Virginians  that  the  government  of  the 
United  States  would  abstain  from  using  military  force  against  the  secessionists  after  Sumter 
was  fired  on  1 

Answer.  The  period  for  consideration  was  very  short ;  the  firing  on  Fort  Sumter  was  on 
Friday,  and  the  proclamation  was  on  Sunday. 

Question.  There  had  been  a  series  of  acts  of  violence  committed  on  the  government  of  the 
United  States  in  South  Carolina  and  other  cotton  States,  as  you  know? 

Answer.  Yes,  sir. 

Question.  Stealing  the  property  of  the  government,  and  laying  hold  of  forts,  &c.  Was 
there  a  considerable  portion  of  the  people  of  Virginia  who  supposed  that  the  United  States 
would  abstain  from  using  force  to  recover  its  property,  and  punish  those  acts  of  violence  ? 

Answer.  I  was  myself,  I  think,  in  a  decided  minority  on  that  subject.  I  think  that  the 
impression  that  there  wouhl  be  no  war  wras  a  very  general  one ;  that  the  influence  of  dollars 
and  cents,  commercial  considerations,  and  tin;  friendly  intercession  of  foreign  powers  to  prevent 
the  breaking  up  of  all  the  interests  involved,  would  prevent  a  war  ;  and  the  idea  was,  that 
if  the  southern  States  would  stand  together  and  act  promptly,  there  would  be  no  war. 
Many  of  the  most  intelligent  men  in  the  commonwealth  will  tell  you  to-day  that  they  were 
deliberately  of  that  opinion.  They  very  often  say,  "  It  is  you,  gentlemen,  that  opposed  se-» 
cession,  who  have  brought  all  this  trouble  and  devastation  upon  the  country ;  for  it  you  had 
not  hesitated  and  halted,  and  if  all  had  stuck  together  at  once,  it  would  have  resulted  in 
some  compromise  which  would  not  have  destroyed  the  Union,  but  which  would  have  settled 
the  question  and  avoided  war."  I  have  no  doubt  that  they  were  very  sincere  in  their  belief. 

Question.  Do  you  suppose  that  there  are  at  present  any  class  of  persons  in  Virginia,  or 
elsewhere  in  the  south,  who  entertain  the  project  of  finally  seceding  from  the  Union,  and 
setting  up  southern  independence  ? 

Answer.  Not  one,  so  far  as  I  know  or  believe. 

Question.  You  have  no  reason  to  believe  that  there  is  any  such  combination  or  conspiracy 
among  any  persons  or  class  of  persons  ? 

Answer.  If  there  is,  there  is  no  fact  the  discovery  of  which  could  give  me  more  aston 
ishment.  Of  course,  there  might  be  in  some  of  the  nooks  and  recesses  which  I  know  nothing 
about,  but  so  far  as  the  people  ju  my  region  are  concerned,  I  know  that  no  idea  of  the  kind 
is  entertained. 

Question.  Do  you  not  hear  frequent  expressions  of  contempt  towards  the  government  of 
the  United  States  among  the  people  with  whom  you  intermingle  ? 


158  RECONSTRUCTION. 

Answer.  No,  sir.  In  a  matter  which  has  involved  so  deeply  the  interest  and  feelings  of 
the  people,  there  was,  of  course,  a  great  deal  of  irritation  and  a  great  deal  of  passion ;  and 
the  result  has  left  a  great  deal  of  mortification,  chagrin,  and  soreness.  Of  course,  that  is  to 
be  expected.  We  very  often  hear  hasty  expressions  which  evince  it,  but  nothing  approach 
ing  to  sentiments  of  hostility,  or  a  deliberate  desire  for  the  injury  of  the  government.  That 
is  a  wholly  different  affair. 

Question.  Suppose  the  government  of  the  United  States  should  be  involved  in  a  war  with 
any  foreign  power,  such  as  England  or  France,  and  the  war  should  be  waged,  on  the  part 
of  the  enemy,  with  such  vigor  as  to  hold  out  some  show  of  a  hope,  at  least  to  persons  of  the 
south  who  are  unfriendly  to  the  government,  of  finally  succeeding  in  their  hope,  of  estab 
lishing  their  independence;  would  you  anticipate,  in  such  a  case  as  that,  that  any  consider 
able  number  of  southern  people  would  join  the  common  enemy  ? 

Answer.  It  would  be  very  difficult  to  form  an  opinion  about  that,  so  soon  after  the  failure 
of  the  hopes  of  the  southern  people.  I  do  not  know  how  far  excitable  people — especially 
those  who  have  been  connected  with  the  army — might  be  induced  to  lay  hold  of  any  such 
prospect.  That  is  a  very  difficult  question  to  answer.  I  will  say,  however,  though  it  is  not 
exactly  called  for  by  your  question,  that  I  think  there  has  been  a  feeling  of  disappointment, 
of  very  great  disappointment,  among  our  people,  that  their  hopes  and  expectations  have  not 
been  realized.  I  think  that  the  great  mass  of  the  intelligent  people  despaired  of  the  success 
of  the  confederacy  long  before  it  broke  up.  For  myself,  I  never  had  a  doubt  of  the  result 
after  the  4th  of  July,  1863.  The  action  of  Congress  and  the  proclamation  of  the  President 
led  to  the  belief  and  the  strong  hope  that  after  the  rebellion  should  be  crushed,  and  the  power 
of  the  government  of  the  United  States  unmistakably  established,  we  should  then  be  per 
mitted  to  return  to  the  exercise  of  our  rights,  and  that  the  taking  of  the  oath  of  amnesty,  pre 
scribed  by  Mr.  Lincoln's  proclamation,  would  at  once  relieve  everybody  of  disability.*  The 
issuing  of  Mr.  Johnson's  proclamation  of  the  29th  of  May,  1865,  had  a  most  unfavorable 
effect,  accompanied  as  it  was  by  Mr.  Speed's  opinion,  because  the  effect  of  the  two  combined 
was,  that  thousands  of  persons  who  had  no  hesitation  in  supposing,  and  who  felt  themselves 
happy  in  the  belief,  that  they  were  secure  by  Mr.  Lincoln's  amnesty,  of  which  they  had 
taken  the  benefit,  found  themselves  at  once  without  the  benefit  of  the  amnesty,  and  they  felt 
irritated  about  it.  For  instance,  in  my  own  case,  I  took  the  benefit,  on  the  16th  of  April, 
of  Mr.  Lincoln's  amnesty.  I  never  had  any  doubt  that  I  was  entitled  to  do  so,  and  that  I 
was  fully  relieved,  so  far  as  that  proclamation  of  amnesty  proffered  the  relief.  Having  the 
misfortune,  so  far  as  that  is  concerned,  to  be  the  owner  of  $^0,000  worth  of  property,  I  tound 
myself,  for  that  cause  and  for  no  other,  without  the  pale,  and,  according  to  Mr.  Speed's  opin 
ion,  I  was  obliged  to  apply  again  for  a  special  pardon.  That  cast  a  gloom  over  the  minds  ot 
the  people.  It  made  the  people  exceedingly  unhappy.  It  was  a  source  of  more  distress  and 
anxiety  than  you  can  well  conceive.  Every  man  felt  that  his  property  was  uncertain. 
Then  proceedings  of  confiscation  were  commenced.  A  parcel  of  people  were  sent  noising 
throughout  the  country  to  pick  out  persons  to  be  libelled.  These  things  created  great  irrita 
tion,  a  soreness,  and  a  feeling  of  alarm  and  uneasiness.  Then  there  was  a  great  deal  of  delay 
and  difficulty  in  getting  pardons.  Then  came  the  delay  in  organizing  State  governments. 
Then  came  the  operations  of  military  governments,  military  arrests  for  ordinary  crimes,  mili 
tary  interference  in  the  decision  of  civil  disputes,  the  operations  of  the  Freedmen's  Bureau, 
and  the  exclusion  of  the  southern  States  from  representation.  All  these  things  combined  to 
create  a  feeling  of  disappointment.  We  had  nattered  ourselves  with  the  hope  that  we  should 
be  at  once  taken  under  the  protection  of  the  Constitution,  and  should  enjoy  its  advantages 
and  blessings.  The  feeling  created  by  the  course  of  the  government  has  been  one  of  disap 
pointment  and  unhappiness.  The  people  feel  unsettled.  They  do  not  know  where  they  are, 
or  whether  they  stand  upon  their  heads  or  heels.  There  is  no  disposition  in  our  part  of  the 
country  to  immigrate.  Down  further  south,  I  have  no  doubt,  there  is  a  very  extensive  dis 
position  of  that  kind,  but  we  hope  that  better  days  are  coming. 

Question.  You  understand  the  nature  of  the  constitutional  amendment  now  pending  in 
Congress  relating  to  the  basis  of  representation? 

Answer.  Yes,  sir. 

Question.  Suppose  that  amendment  should  be  passed  by  Congress,  and  should  be  ratified 
by  three-fourths  of  the  States ;  what  is  your  belief  as  to  the  final  action  of  the  insurgent 
States  on  that  subject  ?  Would  they  ever  consent  to  let  the  negroes  vote  ? 

Answer.  I  have  no  hesitation  in  saying  what  I  think  we  would  do  in  Virginia,  and  what, 
it  strikes  me,  would  be  the  obvious  policy  of  every  other  State ;  it  would  be  at  once  to  estab 
lish  qualifications  for  suffrage  which  would  exclude  nobody  on  account  of  race  or  color,  but 
would  apply  to  all  races  by  enacting  a  property  qualification,  or  a  qualification  of  reading 
and  writing  and  property  together,  which  would  give  us  the  benefit  of  the  negro  race  in 
counting  our  population,  and  under  which  white  people  would  do  all  the  voting. 

Question.  That  is  a  general  idea  throughout  the  southern  States,  is  it  ? 

Answer.  That  is  my  impression.  I  only  speak  from  my  own  personal  reflection.  We 
cannot  afford  to  allow  the  negroes  to  vote  now  in  their  present  condition,  and  this  is  not  from 
prejudice.  There  exists  a  very  different  feeling  towards  the  negro  among  us  from  that  which 
you,  gentlemen,  feel  disposed  to  suppose.  It  is  a  feeling  of  very  great  kindness;  we  were 
born  together,  raised  together,  have  lived  together,  and  played  together,  and  the  relation  of 


VIRGINIA NORTH   CAROLINA — SOUTH   CAROLINA.    .        159 

master  and  slave  has  been  a  very  much  misunderstood  one  ;  but  that  is  out  of  the  question 
now.  Our  disposition  towards  the  negro,  however,  is  entirely  kind.  By  a  single  stroke 
of  the  pen,  or  by  a  single  act  of  legislation,  you  cannot  change  the  character  of  the  negro.  You 
cannot  give  him  intelligence ;  you  cannot  give  him  a  knowledge  of  our  institutions  ;  you  can 
not  enable  him  to  comprehend  public  questions  ;  you  cannot  convert  the  darkness  of  his  mind 
into  light.  We  never  can  consent  voluntarily  to  allow  the  negro  to  vote,  until,  by  a  process 
of  cultivation — I  do  not  mean  mere  instruction  in  letters,  but  by  cultivation  of  body  and  mind, 
and  by  association — he  has  become  capable  of  appreciating  the  duties  and  understanding  the 
questions  which  the  exercise  of  that  right  would  involve. 

Question.  Then  I  understand  you  to  give  the  opinion  that  Virginia,  as  well  as  the  other 
southern  States,  would  not  reject  the  black  race  entirely  from  representation  simply  because 
they  are  black  ? 

Answer.  Not  at  all,  sir.' 

Question.  You  think  that  they  would  be  disposed  to  place  both  races  on  the  same  level  in 
regard  to  the  right  of  suffrage  ? 

Answer.  Yes,  sir ;  and  I  think  I  can  furnish  you  with  a  demonstration  of  that  fact  in  the 
action  of  our  present  legislature  at  Richmond. 

Question.  Such  qualifications  as  you  speak  of,  I  suppose,  would  exclude  a  vast  proportion 
of  the  blacks  at  present  ? 

Answer.  Yes,  sir,  nearly  all  of  them. 

Question.  The  qualifications  which  would  exclude  nearly  all  the  blacks  would  include,  I 
suppose,  nearly  all  the  whites  ? 

Answer.  Very  far  frorn  it.  It  would  exclude  a  very  large  proportion  of  the  whites  who  now 
vote.  There  is  no  property  qualification  now. 

Question.  Do  you  think  that  in  Virginia  you  could  call  together  a  convention  of  the  people 
which  would  have  the  nerve  to  disqualify  any  considerable  portion  of  the  present  white  voters  ? 

Answer.  It  is  very  hard  to  predict  anything  of  the  nerve  of  a  politician  when  the  popular 
majority  is  likely  to  be  against  him,  but  I  have  no  doubt  on  that  subject.  During  the  rebel 
lion,  (we  do  not  like  to  use  that  word  much,  but  it  is  expressive,)  a  new  constitution  of  the 
State  was  adopted  by  the  same  convention  which  passed  the  ordinance  of  secession,  and  among 
the  amendments  was  a  restriction  of  the  right  of  suffrage.  That  was  submitted  to  the  people, 
and  while  the  constitution  itself  was  rejected,  the  restriction  of  the  right  of  suffrage  was  passed 
by  a  very  large  majority. 

Question.  Is  there  anything  further  you  wish  to  state  to  the  committee  ? 

Answer.  I  want  to  make  a  statement  in  reference  to  the  legislation  of  the  present  general 
assembly  in  reference  to  negroes.  I  am,  magna  pars,  chairman  of  the  committee  on  courts 
of  justice,  and  have,  of  course,  pretty  much  the  direction  of  matter.  What  I  want»  to 
state  is  in  reference  to  this  idea  of  a  distinction  between  the  races.  In  South  Carolina  and 
Georgia,  as  you  must  have  observed,  they  have  enacted  separate  negro  codes,  going  down 
into  great  minuteness  of  detail.  We  unanimously  determined  against  that  thing.  We  thought 
that  it  was  wrong  in  principle,  and  that  it  would  work  badly  in  practice  ;  that  it  was  likely 
to  be  a  source  of  irritation  and  annoyance,  and  therefore,  as  I  say,  we  determined  against  it. 
Very  well ;  now  what  should  we  do  ?  We  determined,  therefore,  to  avoid  all  distinction  be 
tween  the  races,  except  in  such  cases,  for  instance,  as  prohibiting  the  intermarriage  of  the 
two  races,  and  that  all  the  laws  which  made  a  distinction  between  black  and  white  should 
disappear,  and  that  we  would  only  enact  such  laws  as  appeared  to  us  to  be  absolutely  neces 
sary,  leaving  time  and  experience  to  develop,  by  the  actual  operation  of  things,  any  regula 
tion  that  might  be  necessarily  applicable  to  either  race.  Now,  we  have  taken  up  the  pro 
visions  of  our  code,  and  have  repealed  all  laws  on  the  subject  of  slaves  and  slavery.  We 
propose  to  repeal  all  the  laws  in  relation  to  free  negroes  as  such.  That  bill  would  have  been 
reported  to-day.  We  have  then  modified  all  the  criminal  laws,  so  as  to  place  the  black  man 
and  the  white  man  on  the  same  footing. 

Question.  Whether  as  parties  or  witnesses  ? 

Answer.  I  will  come  to  that  directly  ;  I  am  speaking  now  as  to  crimes ;  that  is  to  say,  that 
the  same  thing  shall  constitute  a  crime  in  the  black  man  which  constitutes  a  crime  in  the 
white  man,  and  that  there  shall  be  the  same  mode  of  trial  and  the  same  punishment  precisely. 
We  have  declined  to  legislate  on  the  subject  of  labor  contracts,  except  to  this  extent :  We 
have  provided,  for  the  protection  of  the  negro,  that  no  contract  for  labor  shall  bind  a  colored 
person  for  a  longer  period  than  one  month,  (the  senate  had  it  two  months,  but  the  house  put 
it  at  one,)  except  it  is  in  writing,  and  that  no  contract  in  writing  shall  bind  a  colored  person 
unless  it  is  signed  by  him  in  the  presence  of  a  justice  of  the  peace,  a  notary  public,  an  over 
seer  of  the  poor,  or  two  respectable  witnesses,  whose  duty  it  shall  be  to  read  the  contract  to 
him,  explain  it  to  him,  and  to  set  forth  that  fact  in  the  certificate  of  acknowledgment,  the  ob 
ject  being  to  protect  the  negro  altogether.  A  motion  was  made  in  the  house  to  strike  out  the 
words  "  two  witnesses  "  and  to  insert  the  words  "  one  witness.".  I  opposed  that,  stating  that 
the  object  was  protection  to  a  helpless  and  ignorant  class  of  people  who  might  be  overreached ; 
that  a  man  might  get  one  witness  to  swear  falsely,  but  that  it  would  be  more  difficult  for  him 
to  get  two  witnesses  to  enable  him  to  commit  a  fraud ;  and  the  house  adhered  to  my  proposi 
tion,  so  that  we  have,  in  all  our  legislation,  discarded  all  idea  of  distinct  and  discriminative 
legislation  even  in  phraseology.  For  instance,  some  of  our  acts  read  that  if  any  person,  white 


1 60  RECONSTRUCTION. 

or  colored,  shall  do  so  and  so  ;  we  struck  out  the  words  "  white  or  colored  ;"  leaving;  it  "if 
any  person  "  shall  do  so  and  so,  our  object  being  to  put  the  two  races,  so  far  as  the  provisions  of 
law  and  the  phraseology  of  law  are.  concerned,  on  the  same  footing.  On  the  subject  of  evidence, 
the  only  difference  of  opinion  in  the  legislature  is  this  :  There  is  not  a  man  in  my  committee,  so 
far  as  I  know,  who  is  opposed  to  admitting  the  negro  as  a  witness.  In  some  parts  of  the 
State,  outside  of  the  legislature,  among  some  of  the  people,  there  is  opposition  to  it.  The 
poorer  classes  of  people  are  very  much  opposed  to  it.  All  intelligent  people  that  I  speak  to, 
especially  all  lawyers,  are  in  favor  of  it,  but  the  poorer  class  of  people  are  exceedingly  op 
posed  to  it  as  a  general  rule.  They  have  their  prejudices  against  the  negro.  The  only  differ 
ence  among  members  of  the  legislature  and  among  intelligent  gentlemen,  so  far  as  I  know, 
is,  whether  the  negro  shall  be  admitted  as  a  witness  to  the  extent  of  protecting  himself  and 
his  race  in  their  rights  of  person  and  property,  or  whether  he  shall  be  admitted  in  all  cases ; 
as,  for  example,  if  you  make  a  negro  a  witness  in  all  cases  he  will  be  a  witness  as  between 
two  white  persons,  which  would  not  be  necessary  for  the  protection  of  the  negro  in  any  right 
of  his,  because  it  is  a  controversy  between  A  and  13,  both  being  white  persons.  Some  think 
there  is  no  necessity  arising  out  of  the  present  state  of  things,  and  no  duty  arising  out  of  the 
present  state  of  things,  to  admit  the  negro  as  a  witness  to  that  extent,  but  that  he  ought  to  be 
admitted  to  the  extent  of  protecting  the  negro  race  in  all  civil  cases  where  any  negro  is  inter 
ested  one  way  or  the  other,  or  where  his  rights  are  affected,  and  in  all  criminal  cases  where 
the  negro  is  a  party,  or  where  the  offence  has  been  committed  upon  the  person  or  rights  of  a 
negro.  On  that  point  I  do  not  know  any  difference  of  opinion.  The  only  difference  of  opin 
ion  is  whether  the  principle  should  be  carried  a  step  further,  so  as  tp  embrace  all  cases  be 
tween  white  persons. 

Question.  What  can  be  the  objection,  as  between  two  white  persons,  to  putting  a  negro  on 
the  stand  as  a  witness  and  letting  him  testify  in  the  presence  of  the  jury,  subjecting  his  evi 
dence  to  the  same  ordeal  as  the  testimony  of  the  white  man  is  subjected?  If  he  is  a  worthless 
character  and  objectionable  on  the  ground  of  veracity,  why  not  let  the  jury  judge  of  it?  Is 
there,  in  reality,  any  objection  to  the  testimony  of  negroes  which  does  not  apply  to  the  same 
class  of  white  persons? 

Answer.  The  objection  is  really  more  of  a  practical  one  than  anything  else,  as  a  sort  of 
concession  to,  or  compromise  with,  those  who  feel  a  repugnance  to  the  idea ;  who  think  it  looks 
like  negro  equality.  If  you  go  before  that  class  of  people  with  the  absolute  admission  of  the 
negro  as  a  witness  in  all  cases  you  find  it  most  difficult  to  reconcile  them  to  it ;  but  if  you  say 
that  it  is  necessary  that  this  man  who  is  declared  a  freeman  shall  be  protected  in  his  rights 
as  such,  they  are  better  satisfied  with  that.  What  the  opinion  of  the  legislature  will  be  when 
the  matter  conies  up  for  decision  I  do  not  know  ;  but  that  is  the  only  difference  of  opinion 
in  the  committee. 

Question.  Do  you  think  that  these  bills  to  which  you  have  referred  will  pass  the  legisla 
ture  of  Virginia? 

Answer.  Two-thirds  of  them  have  already  passed. 

Question.  You  have  no  doubt  that  this  general  system  of  legislation  will  pass  ? 

Answer.  No  doubt  in  the  world.  I  propose  as  soon  as  the  system  is  completed  to  make  a 
synopsis  of  it  and  have  it  published  in  one  of  the  newspapers  of  Washington,  for  I  find  that 
nobody  here  knows  anything  about  it.  Our  effort  has  been  to  treat  the  negroes  with  justice 
and  good  faith,  so  as  to  try  and  make  something  out  of  them.  They  have  got  to  live  with  us 
as  free  people ;  they  cannot  get  away ;  there  is  no  doubt  about  that.  It  is  to  our  interest 
therefore  to  treat  them  with  kindness.  If  you  want  to  make  a  well-disposed  and  well-behaved 
people  in  the  south,  all  that  is  necessary  is  an  expression  of  a  feeling  of  kindness  on  the 
part  of  the  northern  people.  Give  us  the  benefits  ot  the  Constitution  and  let  us  go  to  work 
and  repair  our  ruined  fortunes.  You  have  no  conception  how  poor  we  are,  you  have  no  con 
ception  to  what  point  of  destitution  and  distress  the  country  has  fallen;  we  want  repose ;  we 
want  to  get  into  the  Union  for  practical  purposes,  to  be  quiet ;  we  want  to  get  rid  of  military 
government. 

Question.  Is  it  your  opinion  that  a  jury  could  be  impanelled  in  Virginia,  by  the  process  now 
prescribed  by  the  law  for  that  purpose,  that  would  find  Jefferson  Davis  or  any  other  promi 
nent  leader  of  the  rebellion  guilty  of  treason  for  acts  of  war  committed  by  him  against  the 
United  States  1 

Answer.  I  think  it  would  depend  upon  the  instructions  of  the  court.  If  the  court  should 
instruct  the  jury  authoritatively  and  distinctly  that  certain  facts  constituted  treason,  and  if 
those  facts  \\cre  clearly  proved,  the  jury  would  find  him  guilty,  but  they  would  do  so  with 
great  regret  and  great  pain.  1  think  I  have  seen  many  verdicts  found  under  instructions 
ot  the  court  which  were  very  disagreeable  to  the  jury.  I  think  they  would  do  it  under  re 
straint,  however,  from  a  solemn  sense  of  sworn  duty  to  take  the  law  from  the  court.  I  think 
that  to  a  great  mass  of  jurors  it  would  be  a  very  painful  duty,  and  one  which  they  would  sub 
mit  to  only  under  restraint,  which,  as  good  citi/ens,  they  would  be  obliged  to  do. 

Question.  Suppose  a  plea  of  justification  should  be  interposed  founded  on  the  ordinance  of 
secession  and  upon  the  laws  of  the  State  growing  out  of  that  ordinance,  commanding  the 
accused  with  others  to  prosecute  the  war  against  the  government,  and  suppose  the  judge  try 
ing  the  case  should  overrule  the  plea  and  instruct  the  jury  that  that  plea  was  unavailing  as  a 


VIRGINIA — NORTH   CAROLINA SOUTH   CAROLINA.  1G1 

justification  for  the  act,  Avould  the  jury  be  likely  to  follow  the  ruling  and  instructions  of  the 
court  on  that  subject  ? 

Answer.  Of  course  I  speak  of  juries  consisting-  of  intelligent  and  respectable  men,  and  I 
am  unable  to  conceive  by  what  series  of  reasoning1  such  men  could  refuse  to  find  a  verdict 
under  the  positive  instructions  of  the  court,  however  repugnant  to  their  feelings  and  wishes. 


WASHINGTON,  D.  C.,  February  10,  1666. 
B.  It.  Grattan  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  "Where  do  you  reside  ? 

Answer.  Richmond,  Virginia. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  Yes,  sir-:  I  was  raised  in  the  valley  of  Virginia. 

Question.  Do  you  hold  any  public  position  ? 

Answer.  I  am  a  member  of  the  present  house  of  delegates  of  Virginia. 

Question.  Is  that  the  only  public  position  you  have  held  ? 

Answer.  I  held  the  office  of  reporter  to  the  court  of  appeals  since  January,  1844. 

Question.  I  speak  of  two  classes  of  people  iu  Virginia  for  the  sake  of  convenience,  not  with 
a  view  of  offending  anybody.  I  speak  of  secessionists  and  Union  men.  By  secessionists  I 
mean  those  who  have  directly  or  indirectly  favored  the  rebellion  ;  and  by  Union  men  I  mean 
those  who  opposed  the  rebellion ;  and  by  the  rebellion  I  mean  the  war  which  has  taken  place 
between  the  two  sections  of  the  country.  What  is  the  general  feeling  among  the  secession 
ists  of  Virginia  towards  the  government  of  the  United,  States  so  far  as  your  observation  ex 
tends  ? 

Answer.  So  far  as  I  know,  the  sentiment  is  universal  that  the  war  has  decided  the  question 
of  secession  entirely,  that  it  is  no  longer  an  open  question,  and  that  we  are  all  prepared  to 
abide  by  the  Union  and  live  under  it. 

Question.  You  mean  to  be  understood  as  saying  that  they  suppose  that  the  sword  has  set 
tled  the  abstract  right  of  secession  ? 

Answer.  Yes  ;  we  consider  that  we  put  it  to  the  arbitrament  of  the  sword,  and  have  lost. 

Question.  What  proportion  of  the  legislature  of  Virginia  are  original  secessionists,  having 
in  view  the  definition  I  gave  ? 

Answer.  I  would  suppose  that  there  are  few  members  of  the  legislature  who  are  less  able 
to  judge  of  that  matter  than  myself,  for  my  acquaintance  as  a  member  is  very  limited  ;  but 
I  should  suppose,  from  the  general  sentiments  of  the  people  of  Virginia,  that  while  probably  a 
rery  large  proportion  of  those  who  are  now  members  of  the  legislature  were  not  in  favor  of 
secession  or  a  dissolution  of  the  Union  originally,  yet  nearly  all  of  them  went  with  their  State 
when  it  went  out.  They  went  heartily  with  it. 

Question.  How  have  the  results  of  the  war  affected  the  feelings  of  Virginians  generally  ? 
What  is  the  sentiment  left  in  their  hearts  in  regard  to  satisfaction  or  dissatisfaction  with  the 
government  of  the  United  States — love  or  hatred,  respect  or  contempt  ? 

Answer.  I  c*anuot  undertake  to  say  generally  ;  my  intercourse  is  very  limited.  I  would 
rather  suppose,  however,  that  while  the  feeling  against  the  government  was  originally  very 
strong,  that  feeling  has  been  very  much  modified  ;  it  is  nothing  like  as  strong  as  it  was,  and 
is  gradually  declining. 

Question.  You  think  that  the  feeling  is  gradually  changing  from  dislike  to  respect? 

Answer.  Yes,  I  think  so. 

Question.  Have  you  any  reason  to  suppose  that  there  are  persons  in  Virginia  who  still  en 
tertain  projects  of  a  dissolution  of  the  Union  ? 

Answer.  None  whatever.  I  do  not  believe  that  there  is  an  intelligent  man  in  the  State 
nho  does. 

Question.  In  case  of  a  war  between  our  country  and  any  foreign  power,  such  as  England 
or  France,  one  that  should  put  the  government  to  the  exercise  of  all  its  powers  in  order  to 
secure^its  safety,  and  in  case  it  should  become  apparent  that  there  was  a  chance  for  secession- 
ism  to  become  a  success  hereafter,  would  you  anticipate  that  any  considerable  portion  of  the 
people  of  Virginia  would  join  the  enemy  ? 

Answer.  No,  sir. 

Question.   Would  there  be  many  who  would  be  likely  to  do  so? 

Answer.  No,  sir  ;  I  do  not  think  there  would  be.  You  might  find  some  boys  who  would 
do  so.  I  think  that  the  people  have  made  up  their  minds  to  become  a  part  of  this  Union  and 
to  perform  every  duty  connected  with  that  relation.  I  speak  with  confidence  on  that  sub 
ject,  for  while  I  was  not  an  original  secessionist,  lam  certain  that  nobody  ever  suffered  more 
at  its  failure  than  I  did,  and  I  know  what  my  own  sentiments  are,  and  judge  other  peonjeby 
myselfr 

11    V   NC   SC 


162  RECONSTRUCTION. 

Question.  What  has  been,  in  your  judgment,  the  effect,  in  the  main,  of  President  Johnson  s 
liberality  in  bestowing1  pardons  and  amnesties  on  rebels  ? 

Answer.  I  think  it  has  been  very  favorable  ;  1  think  President  Johnson  has  commended 
himself  very  heartily.  There  is  a  very  strong  feeling  of  gratitude  towards  President  Johnson. 

Question.  Has  that  liberality  in  your  judgment,  increased  or  diminished  the  respect  of  these 
same  persons  towards  the  government  of  the  United  States  T 

Answer.  It  has  increased  it. 

Question.  Is  that  increase  of  respect  towards  the  government,  or  is  it  especially  towards 
President  Johnson. 

Answer.  It  is  to  Mr.  Johnson,  as  the  representative  of  the  government. 

Question.  Are  you  aware  of  the.  nature  of  the  constitutional  amendment  now  pending1  in 
the  Senate  of  the  United  States  in  reference  to  the  basis  of  representation  ? 

Answer.  Yes,  sir. 

Question.  You  know  its  effect  7  • 

Answer.  Yes. 

Question.  It  places  the  basis  of  representation  upon  numbers,  including  all  classes  and  all 
races,  but  at  the  same  time  declares  that  in  case  any  State  shall  exclude  from  the  right  of  suf 
frage  any  portion  of  its  population  on  account  of  race  or  color,  the  whole  of  the  people  of  that 
race  or  color  shall  be  excluded  from  the  count,  thus  leaving  the  entire  option  with  the  States 
whether  they  shall  exclude  or  include  persons  of  color  in  the  right  of  suffrage.  I  want  to  as 
certain  your  opinion  on  that  subject,  whether  you  think  the  people  of  Virginia  are  likely  ever 
to  consent  to  let  negroes  vote  ? 

Answer.  I  should  say  not,  sir,  under  no  circumstances. 

Question.  Do  you  not  think  that  the  interests  of  the  States  would  finally  so  operate  as  to 
induce  them  to  take  off  the  unkind  proscription  of  the  black  race  ? 

Answer.  I  do  not  think  so.  I  would  like  to  explain  that.  I,  perhaps,  ought  not  to  un 
dertake  to  express  an  opinion  for  the  people  of  Virginia.  My  intercourse  for  years  has  been 
very  limited.  I  have  been  confined  very  closely  to  my  own  duties  as  a  lawyer,  and  I  have 
mingled  very  little  with  the  people.  Perhaps  I  speak  rather  from  my  own  sentiment  and 
opinion.  My  own  opinion  about  that  is,  that  the  very  worst  thing  that  can  occur  to  the  ne 
gro,  (and  I  believe  that  will  bo  the  sense  of  the  people,)  the  very  worst  consequence  to  th« 
negro,  will  be  the  attempt  to  give  him  political  power ;  and  I  believe  that  really  the  desire 
to  preserve  the  negro  himself,  to  take  eare  of  him,  and  to  prevent  the  consequences  which 
will  arise  to  him  from  such  an  effort  would,  of  itself,  preclude  his  admission  to  political 
rights. 

Question.  What,  in  your  judgment,  would  be  the  consequences  of  such  an  enfranchise 
ment  ;  woiild  it  produce  scenes  of  violence  between  the  two  races  ? 

Answer.  I  believe  it  would.  I  have  very  great  apprehension  that  an  attempt  of  that  sort 
would  lead  to  their  extermination,  not  immediately,  but  to  their  gradual  extinction.  It  would 
set  up  really  an  antagonistic  interest,  which  would  probably  be  used  as  a  power,  because  I 
have  no  doubt  that  the  negro  vote  would  be  under  the  influence  of  white  people.  You  are 
to  recollect  that  this  is  not  simply  a  prejudice  between  the  white  and  black  races.  It  baa 
grown  to  be  a  part  of  our  nature  to  look  upon  them  as  an  inferior  ;  just  a.s  much  part  of  our 
nature  as  it  is  a  part  of  the  nature  of  other  races  to  have  enmity  to  each  other;  for  instance, 
between  the  Saxon  Irish  and  the  Celtic  Irish,  or  between  the  English  and  the  French.  You 
must  change  that  nature,  and  it  takes  a  long  time  to  do  it.  I  believe  that  if  you  place  the 
negro  on  a  footing  of  perfect  equality  with  the  white,  it  would  actually  increase  the  power 
of  the  white  race,  which  would  control  the  negro  vote;  yet  it  seems  to  me  that  nothing  can 
reconcile  the  white  people  to  that  short  of  equal  political  power,  and  I  fear,  therefore,  very 
much  the  consequences  of  any  attempt  of  that  sort  upon  the  black  race  in  Virginia. 

Question.  Would  not  that  prejudice  become  modified  a  great  deal  in  case  the  blacks 
should  be  educated  and  rendered  more  intelligent  than  they  are  now  ? 

Answer.  You  would  have  to  change  their  skin  before  you  can  do  it.  I  beg  leave  to  say 
that,  so  far  from  there  being  any  unkind  feeling  to  the  negro,  I  believe  that  there  is,  on  the 
part  of  the  white  race,  towards  the  negro,  no  feeling  but  that  of  kindness,  sympathy,  and 
pity,  and  that  there  is  every  disposition  to  ameliorate  their  condition  and  improve  it  as  mneh 
us  possible ;  but  it  is  that  difference  which  has  existed  so  long  in  their  obvious  distinction  of 
color  and  condition t 

Question.  But  suppose  the  condition  of  the  negro  should  change? 

Answer.  The  condition  is  aunexod  to  the  color.  We  are  accustomed  to  see  the  color  in 
the  condition. 

Question.  But  the  condition  may  be  changed  by  education  and  enlightenment  ? 
Answer.  You  are  to  recollect,  as  to  that,  that  they  are  a  people  who  now  have  no  property, 
•who  are  not  accustomed,  from  their  former  condition,  to  any  sort  of  providence  for  them 
selves  ;  that  th'ey  are  not  accustomed  to  take  care  of  themselves  ;  that  they  are  a  people 
who  have  always  depended  upon  others ;  and,  therefore,  unless  there  is  some  power  or  per 
son  who  is  to  give  them  wealth  and  to  educate  them,  you  can  never  expect  that  they  will  be 
in  a  condition  to  rise.  They  cannot  educate  themselves ;  they  are  not  disposed  to  educate 
themselves.  They  live  in  the  very  lowest  condition  of  life.  They  are  not  disposed  to  work 
if  they  can  help  it,  as  nobody  else  is,  I  suppose  ;  so  that  I  see  no  help  or  expectation  that 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  163 

by  their  own  exertions  they  are  going  to  acquire  that  amount  of  property  which  will  enable 
them  to  educate  themselves.  If  they  rise,  it  will  be  by  the  effort  of  the  white  race,  among 
whom  they  live,  to  raise  them. 

Question.  Is  there  a  general  repugnance  on  the  part  of  whites  to  the  acquisition  and  en 
joyment  of  property  by  the  blacks  ? 

Answer.  I  do  not  know.  I  do  not  think  there  is.  Far  from  it.  We  would  be  very  glad 
to  see  them  all  doing  well  and  improving  their  condition. 

Question.  Do  you  find  a  similar  repugnance  to  the  acquisition  of  knowledge  by  blacks  ?   , 

Answer.  No,  sir ;  far  from  it ;  on  the  contrary,  we  are  trying,  so  far  as  we  can,  to  edu 
cate  them  ;  but  we  are  too  poor  ourselves  to  do  much  in  educating  other  people,  and  they 
are  certainly  too  poor  to  educate  themselves. 

Question.  You  would,  then,  anticipate  a  struggle  of  races  in  case  the  right  of  suffrage  saw 
given  to  the  blacks? 

Answer.  Yes,  sir ;  I  think  so. 

Question.  You  would  not  anticipate  it  in  case  the  blacks  should  vote  in  the  interest  of  the 
white  race  ? 

Answer.  As  I  said  before,  I  believe  that  if  the  blacks  are  left  to  themselves,  if  all  foreign 
influence  were  taken  away,  the  whites  would  control  their  vote.  It  is  not  in  that  the  diffi 
culty  lies,  but  it  is  in  the  repugnance  which  the  white  race  would  feel  to  that  sort  of  political 
equality.  It  is  the  same  sort  of  repugnance  which  a  man  feels  to  a  snake.  He  does  not 
1'eel  any  animosity  to  the  snake,  but  there  is  a  natural  shrinking  from  it ;  that  is  my  feeling. 
While  I  think  I  have  as  much  sympathy  for  the  black  race,  and  feel  as  much  interest  in 
them  as  anybody  else,  while  I  can  treat  them  kindly  and  familiarly,  still  the  idea  of  equality 
is  one  which  has  the  same  sort  of  shrinking  for  me,  and  is  as  much  a  part  of  my  nature,  as 
was  the  antagonism  between  Saxon  and  Celt  in  Ireland. 

Question.  You  are  aware  that  that  state  of  feeling  does  not  exist  in  Ireland,  England,  or 
Scotland  towards  the  blacks  ?  . 

Answer.  No ;  because  they  never  had  them  ;  because  they  never  saw  them  in  their  con 
stant  condition.  So  that  difference  of  alienation  between  Saxon  and  Celt  does  not  exist  here, 
but  it  exists  in  Ireland.  It  is  where  that  has  been  the  feeling  operating  for  so  long  tiiat  it 
has  become  a  part  of  our  nature.  It  is  not  a  simple  prejudice,  but  it  becomes  part  of  the 
nature  of  the  man,  because  a  prejudice  may  be  removed  very  soon. 

Question.  You  have  not  much  reason  to  expect  that  the  legislature  of  Virginia  will  adopt 
this  constitutional  amendment  in  case  it  shall  pass  both  houses  of  Congress/ 

Answer.  I  cnnnot  speak  for  others,  but  for  myself  I  say  certainly  not.  No  political  power 
would  ever  induce  me  to  vote  for  it.  That  form  is  much  more  objectionable  than  even  a 
proposition  to  make  them  voters.  It  is  giving  you  all  the  advantages  of  numbers,  while  you 
are  taking  that  from  us  which,  according  to'the  original  constitution,  we  had — three-nfths 
of  the  slave  population — and  no  political  power  will  force  me  to  consent  to  that. 

Question.  It  will  be  left  to  yourselves  to  make  up  the  number  if  you  see  fit. 

Answer.  But  you  leave  us  to  do  what  3*011  know  we  will  not  do,  and  then  you  deprive  us 
of  power.  There  would  be  more  reason  in  an  amendment  basing  representation  upon  voters. 

Question.  Have  you  any  idea  that  the  people  of  Virginia  can  elect  either  a  legislature  or 
convention  that  will  impose  restrictions  on  the  right  of  suffrage  among  the  whites,  such  as 
a  property  qualification,  or  the  qualification  of  reading  or  writing? 

Answer.  I  do  not  think  so.  I  think  these  things  never  go  backward,  and  I  do  not  think 
there  ever  can  be  any  such  restrictions.  However,  perhaps  I  am  as  little  competent  to  judge 
of  these  things  as  any  intelligent  man  in  Virginia. 

Question.  How  are  people  from  the  north  received  in  communities  in  Virginia  ?  Suppose 
a  northern  man  known  to  be  an  out-and-out  Union  man,  who  lias  taken  part  in  the  war 
against  the  confederacy,  should  go  in  your  midst  to  settle  and  purchase  property,  and  become 
a  permanent  resident :  how  would  he  be  received  '/ 

Answer.  That  would  depend  very  much  upon  the  man  himself.  I  think  that  any  respect 
able  man  who  would  come  there  to  purchase  property  and  settle,  would  be  treated  very 
well  and  be  received  very  well ;  still,  of  course,  we  would  not  look  upon  him  as  wo  look  upon 
each  other.  We  do  not  look  upon  any  foreigner  coming  from  anywhere  as  we  do  upon  our 
own  people.  I  would  not  mislead  you  in  supposing  that  there  is  not  a  feeling  existing 

Question.  A  prejudice  against  northern  people  ? 

Answer.  There  always  was  before  the  war;  but  still,  when  a  man  showed  that  he  was  a 
worthy,  respectable  man,  he  was  always  treated  as  such,  and  would  be  treated  as  such  still. 
The  fact  is,  we  would  like  to  have  as  many  upright,  industrious  northern  men  among  us  as 
we  can  get,  and  of  course  we  would  treat  them  well. 

Question.  Do  Unionists,  who  are  parties  in  the  civil  courts  of  Virginia,  stand  as  good  a 
chance  for  justice  as  those  who  have  been  secessionists  and  sided  with  the  rebellion  .' 

Answer.  Yes,  sir.  I  do  not  believe  there  is  any  court  hi  Virginia,  where  secessiunistn  pre 
vails-  I  have  heard  some  complaints  of  courts  down  in  Alexandria,  while  the  Alexandria 
government  existed,  but  in  those  courts  which  have  been  lately  organized  where  we  were  all 
secessionists,  I  have  no  idea  that  the  question  ever  enters  into  the  mind  of  a  judge  or  court 
whether  a  man  took  one  side  or  the  other  in  the  war. 

Question,  Would  it  not  be  likely  to  enter  into  the  minds  of  the  jury  ? 


1G4  RECONSTRUCTION. 

Answer.  No,  sir,  I  do  not  believe  it  would. 

Question.  Do  you  believe  that  a  jury  could  be  impanelled  in  Virginia,  in  the  ordinary 
way  recognized  by  your  laws,  that  would  convict  Jefferson  Davis  or  any  other  leader  of  the 
rebellion  of  treason  ? 

Answer.  I  do  riot  know.  I  should  doubt  it  very  much;  not  because  they  would  not  con 
vict  any  man  whom  they  believed  guilty,  but  because  the  question  of  treason  in  this  rebellion 
is,  as  it  seems  to  me,  a  question  wrhich  is  to  be  decided  by  our  opinions  as  to  what  was  con 
stitutional  law,  in  the  nature  of  this  government,  at  the  time.  While  we  recognize  the  fact  that 
the  failure  of  the  rebellion  has  settled  the  question  of  secession,  we  are  not  at  all  disposed  to 
change  the  opinions  which  we  formerly  held  as  to  what  was  the  doctrine  on  the  subject ; 
and  therefore  a  man  who  believed  in  secession  before,  and  in  the  right  of  a  State  to  with 
draw  from  the  Union,  if  he  carried  out  bis  principles  and  acted  on  them,  would  say  that  up 
to  the  time  that  that  matter  was  settled  and  decided  by  the  result  of  the  war,  the  man  who 
acted  on  those  principles  was  not  guilty  of  treason.  I  believe  that  if  any  man  should  commit 
treason  now,  after  the  matter  is  settled,  he  could  be  convicted  by  a  jury  in  Virginia. 

Question.  Then  your  idea  is,  that  the  ordinance  of  secession  in  your  State  would  or  should 
stand  as  a  justification  of  the  acts  of  war  committed  against  the  United  States  1 

Answer.  With  those  who  believed  in  the  doctrine  of  secession. 

Question.  So  that  if  you  had  a  jury  impanelled  for  the  trial  of  what  wo  would  call  a 
traitor,  a  jury  who  believed  in  that  doctrine  would  not  be  likely  to  convict  him  ? 

Answer.  No,  I  think  not. 

Question.  Is  not  the  number  of  that  class  of  persons  very  great  in  Virginia? 

Answer.  I  suppose  so. 

Question.  So  that  probably  it  would  be  very  difficult  to  find  a  jury  that  would  convict  a 
man  of  treason  ? 

Answer.  That  would  depend  upon  the  judge  who  presided  and  the  instructions  he  gave. 

Question.  Suppose  that  Chief  Justice  Chase  undertook  the  trial  of  Jefferson  Davis  in 
Richmond,  and  instructed  the  jury  that  the  Virginia  ordinance  of  secession  was  no  justifica 
tion  for  acts  of  war  against  the  government  of  the  United  States,  would  the  jury  follow  his 
instructions  ? 

Answer.  That  I  cannot  say.     It  would  depend  upon  the  men  who  were  on  the  jury. 

Question.   Would  you  be  likely  to  find  twelve  men  who  would  follow  out  such  instructions  ? 

Answer.  Yes  ;  you  might  get  twelve  men  who  would  convict  him,  whether  you  gave  such 
instructions  or  not ;  but  I  speak  of  the  mass  of  the  people. 

Question.  I  do  not  mean  by  packing  the  jury,  but  by  taking  up  the  jury  in  the  ordinary 
way. 

Answer.  You  would  not. 

Question.  Do  you  not  draw  your  jurors  by  lot  in  Virginia? 

Answer.  Not  in  criminal  cases.  Twenty-four  men  are  selected,  and  out  of  that  twenty- 
four  the  prisoner  has  a  peremptory  challenge  of  eight,  leaving  sixteen,  and  out  of  the  sixteen 
twelve  arf  drawn  by  lot. 

Question.  Do  you  think  of  anything  else  which  you  wish  to  say  on  the  subject-matter  to 
which  I  have  called  your  attention? 

Answer.  Nothing  in  particular,  I  believe.  I  have  expressed  my  opinion  as  to  what  the 
judgment  and  sentiments  of  the  people  of  Virginia  are.  In  Richmond  there  are  very  few 
original  secessionists.  I  think  the  sentiment  in  Richmond  was  against  it.  I  think  it  very 
probable  that  you  can  find  men  there  who  do  not  consider  that  the  ordinance  of  secession 
was  a  valid  ordinance  at  all.  There  are  a  great  many  of  them.  But  there  are  others  who 
consider  that  the  ordinance  of  secession  was  a  power  which  the  State  had  a  right  to  exercise. 
It  seems  to  me  that  a  jury  taken  out  of  the  latter  class  would  not  be  very  apt  to.  convict  a 
man  of  treason  for  having  taken  up  arms  against  the  government.  But  there  is  a  very  large 
number  of  people  who  do  not  concur  in  the  idea  that  a  State  had  a  right  to  secede,  and  a 
jury  taken  from  this  class  would  be  governed  by  the  judgment  of  the  court  as  to  whether 
that  was  a  sufficient  justification  or  not.  *  . 


WASHINGTON,  February  10,  1866. 
E.  F.  Keen  sworn  and  examined. 
By  Mr.  HOWARD  ; 

Question.  Where  do  you,  reside  ? 

Answer.  At  Danville,.  Virginia. 

Question.  What  is  your  official  position  ? 

Answer.  I  am  a  senator  in  the  State  senate  from  the  counties  of  Halifax  and  Pittsylvania. 

Question.  Are  you  a  native  of  Virginia  ? 

Answer.  Yes,  1  was  born  and  raised  in  the  State. 

Question.  Did  the  war  extend  itself  into  your  senatorial  district  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  165 

Answer.  To  some  extent ;  less,  perhaps,  than  in  any  other  portion  of  the  State. 

Question.  What  is  the  general  feeling-,  at  present,  of  the  secessionists  in  your  senatorial 
district  towards  the  government  of  the  United  States?  Is  it  friendly  or  unfriendly? 

Answer.  I  scarcely  know  how  to  answer  that  question  of  secessionists,  for  there  are  none 
now. 

Question.  I  mean  those  who  have  favored  the  cause,  of  secession  ? 

Answer.  So  far  as  my  observation  extends,  ther  seem  to  be  more  disposed  to  try  the  United 
States  government  than  those  who  were  originally  Union  men.  I  believe  more  of  them  have 
asked  pardon  and  have  obtained  it,  and  their  expressions  of  loyalty  to  the  government  are 
more  frequent  and  more  common  than  from  the  original  Union  men. 

Question.  Have  you  taken  any  part  in  the  war  against  the  United  States  ? 

Answer.  Yes,  sir.  I  was  an  original  Union  man  and  fought  secession  as  'ong.  perhaps,  as 
he  who  fought  longest  in  Virginia.  After  Virginia  seceded  I  entered  the  army  of  the  con 
federate  States  and  was  colonel  for  fifteen  or  eighteen  months.  I  was  State's  senator  in  the 
government  of  Virginia  during  a  portion  of  the  war,  after  I  came  out  of  the  army.  I  was,  at 
the  time  of  the  evacuation  of  Richmond,  a  member  of  the  State  senate. 

Question.  Were  you  in  Richmond  at  that  time  ? 

Answer.  Yes  ;  I  was  in  Richmond  when  it  was  evacuated. 

Question.  What  effect  has  the  abolition  of  slavery  produced  on  the  minds  of  the  masses  of 
the  people  in  your  district?  Are  they  well  pleased  with  it,  or  displeased? 

Answer.  As  a  matter  of  course,  our  people  were  not  pleased  with  it.  We  had  in  the  State 
of  Virginia  some  496,000  slaves,  in  which  we  had,  as  we  had  always  been  taught,  a  vast 
amount  of  property.  The  sudden  destruction  of  that  property  could  not  be  very  pleasant  in 
the  minds  of  our  people. 

Question.  Has  it  not  left  a  deep  feeling  of  disloyalty  towards  the  government  of  the  United 
States  ? 

Answer.  I  think  not. 

Question.  Are  the  once  owners  of  that  species  of  property  looking  forward  to  the  possible 
payment  of  the  value  of  it  to  them  by  the  United  States  ? 

Answer.  I  cannot  say  that  they  are  looking  forward  to  it  with  any  confident  expectation. 
They  would  be  very  glad  to  have  it.  I  am  not  apprised  that  there  is  any  party  or  any 
respectable  body  of  men  that  are  agitating  any  such  question. 

Question.  How  do  the  secessionists  feel  in  regard  to  the  payment  of  the  federal  debt  con 
tracted  in  the  prosecution  of  the  war  ? 

Answer.  I  believe  there  is  a  general  disposition  on  the  part  of  the  people  of  Virginia  to 
sustain  the  credit  of  the  government  in  every  respect. 

Question.  Suppose  the  question  was  left  to  your  constituents  whether  or  not  they  would 
contribute  their  proper  share  to  the  payment  of  that  debt,  and  that  they  were  to  decide  that 
question  at  the  polls,  what  way  would  they  vote? 

Answer.  I  believe  that  that  would  depend  greatly  upon  the  policy  pursued  by  the  govern 
ment,  since  we  have  surrendered  the  question. 

Question.  What  line  of  policy  would  be  most  likely  to  reconcile  them  to  the  payment  of 
that  debt  ? 

Answer.  That  line  of  policy  which  would  admit  us  as  equal  participants  in  a  government 
which  we  had  tried  to  break  and  failed,  and  to  which  we  had  now  expressed  ourselves  as 
loyal.  4 

Question.  You  think  that  if  Virginia  was  admitted  by  her  senators  and  representatives  in 
Congress  at  once,  there  would  be  no  great  grumbling  or  complaint  against  paying  the  federal 
debt? 

Answer.  I  think  not.  I  think  it  would  do  more  to  allay  the  little  irritable  feeling  that 
exists  in  the  State  than  perhaps  any  other  one  act. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  confederate  debt? 

Answer.  I  think  that  no  sane  man  expects  it  to  be  paid. 

Question.  What  is  that  kind  of  security  worth  now  in  the  market,  ouvert  ? 

Answer.  There  is' no  sale  for  it,  no  market,  no  quotation. 

Question.  Can  you  state  at  what  time  these  securities  fall  due  according  to  their  face? 

Answer.  No,  sir,  I  cannot;  I  believe  six  and  twelve  months  after  the  ratification  of  the 
treaty-  of  peace  between  the  United  States  and  the  Confederate  States. 

Question.  What  is  the  general  feeling  of  the  people  of  your  district  toward  the  freedmen — 
is  it  kind,  or  otherwise  ? 

Answer.  I  think  there  is  a  general  feeling  of  kindness  naturally  from  our  people  to  the 
freedmen.  I  think  there  is  no  enmity  towards  them.  They  have,  for  the  most  part,  con 
ducted  themselves  very  well  during  the  war.  Nobody  with  us  looks  upon  them  as  having 
been  responsible  for  their  condition ;  and,  wherever  they  seem  disposed  to  behave  them 
selves  well,  there  is  a  general  feeling  of  encouragement  towards  them.  , 

Question.  Is  there  a  feeling  of  willingness  that  they  should  be  educated  in  some  degree? 

Answer.  Yes,  sir;  I  think  that  all  rational  minds  there  conclude  that  that  must  necessarily 
come.  No  rational  mind,  however,  concludes  that  it  can  be  done  in  a  day,  or  a  week,  or  a 
month,  or  a  year,  or  in  any  very  short  period.  The  masses  of  the  people  in  Virginia  are  not 
well  educated  themselves.  We  have  no  system  of  free  schools,  and  have  never  had.  The 


1 6  G  RECONSTRUCTION. 

expectation  thnt  this  large  colored  population,  turned  loose  upon  us  with  a  wild  idea  of 
freedom,  is  to  be  suddenly  educated  (and  the  Idea  is  rather  general)  is  not  so  repugnant  to 
the  feelings  of  the  people  as  it  seems  to  them  absurd  aud  ridiculous. 

Question.  Is  there  not  a  feeling  of  dislike  on  the  part  of  secessionists  in  your  district 
toward  northern  men  ? 

Answer.  None  whatever,  I  believe.  When  northern  gentlemen  come  there  and  demean 
themselves  as  gentlemen,  no  njatter  what  their  official  orders  are,  or  how  repugnant  some  of 
those  orders  may  be,  they  are  treated  as  gentlemen,  without  the  first  unkind  feeling  towards 
tilt-in. 

Question.  Are  you  aware  of  any  scenes  of  violence  between  Unionists  and  secessionists  in 
your  district  since  the  close  of  the  war  ? 

Answer.  None  whatever  in  my  district. 

Question.  Does  anything  occur  to  you,  besides  what  you  hare  stated,  which  you  wish  to 
state  ? 

Answer.  I  do  not  know  of  anything  special. 

Question'.  Are  you  aware  of  any  combinations  existing  in  Virginia,  or  elsewhere,  having 
in  view  the  ultimate  renewal  of  the  war  ? 

Answer.  I  am  not  aware  of  any,  and  I  believe  that  none  exists  in  the  commonwealth  or 
elsewhere.  I  have  been  recently,  for  four  months,  in  Georgia  and  South  Carolina,  and  I 
neither  saw  nor  heard  of  anything  of  the  kind,  nor  do  I  believe  that  any  such  thing  exists  in 
the  southern  States. 

Question.   You  think  there  is  nothing  of  the  kind  in  contemplation  ? 

Answer.  I  thiuk  not,  sir. 

Question.  You  found  them  generally  disposed  to  submit  to  Uncle  Sam? 

Answer.  I  think  that  the  further  south  I  have  gone,  the  more  disposed  they  have  been  to 
do  it. 


WASHINGTON,  January  29,  1866. 
Rev.  James  Sinclair  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Lumberton,  Robesou  county,  North  Carolina. 

Question.  About  how  long  have  you  resided  there? 

Answer.  I  have  been  in  that  county  about  nine  years. 

Question.  Are  you  a  native  of  North  Carolina  ? 

Answer.  No,  sir ;  I  am  a  native  of  Scotland,  but  a  naturalized  citizen  of  the  United  States. 

Question.  What  is  your  profession? 

Answer.  I  am  a  Presbyterian  minister  of  the  Gospel. 

Question.  How  long  have  you  been  a  minister  of  the  Gospel? 

Answer.  Some  ten  or  eleven  years.     I  was  educated  in  Pennsylvania. 

Question.  And  as  such  minister  you  have  been  settled  in  North  Carolina  ? 

Answer.  Yes,  sir. 

Question.  Where  were  you  at  the  breaking  out  of  the  rebellion? 

Answer.  I  was  in  Robeson  county,  in  the  State  of  North  Carolina. 

Question.  Attending  to  your  clerical  duties  there?- 

Answer.  Yes,  sir. 

Question.  Have  you  ever  willingly  done  any  act  to  promote  the  cause  of  the  rebellion  ? 

Answer.  Not  willingly. 

Question.  If  you  have  ever  done  any  such  act,  has  it  not  been  under  constraint,  or  fear, 
or  duress  / 

Answer.  It  has ;  I  can  show  that  from  papers  that  I  have  with  me. 

Question.  You  have  never  been  a  friend  of  the  rebellion? 

Answer.  No,  sir;  I  was  a  Douglas  democrat,  and  voted  for  Mr.  Douglas  in  I860. 

Question.  Have  you  a  family? 

Answer.   Yes,  sir  ;  I  have  a  wife  and  six  children. 

Question.  All  residing  in  North  Carolina? 

Answer.  Yes,  sir,  except  my  oldest  son.  I  married  the  second  time  about  five  years  ago. 
My  sou  by  my  first  marriage  is  now  a  clerk  in  Philadelphia. 

Question.  Have  you  ever  been  a  slaveholder? 

Answer.  Yes,  sir. 

Question.  How  is  it  with  your  wife  in  that  respect  ? 

Answer.   She  was  a  slaveholder  when  we  married. 

Question.  What  position  have  you  occupied  during  the  war,  or  any  period  of  the  war,  in 
North  Carolina  or  elsewhere  .' 

Answer.  At  one  time  I  was  considered  to  have  some  influence,  and  I  was  pressed  pretty 


VIRGINIA NORTH    CAROLINA SOUTH    CAROLINA.  167 

hard  by  the  authorities,  and  a  commission  as  colonel  in  the  rebel  service  was  given  me  at 
the  same  time  that  the  late  Hon.  Lawrence  O'B.  Branch  received  a  similar  commission.  I 
held  that  commission  from  the  8th  of  November,  1861,  until  the  23d  of  April,  1862.  I  then 
left  the  service,  and  was  proscribed  because  I  would  not  go  into  the  war. 

Question.  Why  did  you  accept  the  commission  ? 

Answer.  It  would  have  been  impossible  for  me  to  have  lived  in  the  country  if  I  had  not 
done  so  ;  my  life  had  already  been  threatened.  In  the  fall  of  1860  I  preached  a  sermon  to 
my  people  in  regard  to  the  then  condition  of  affairs,  and  warned  them  to  beware  of  the  men 
and  measures  ot  the  neighboring  State.  My  church  was  on  the  line  between  North  Carolina 
and  South  Carolina,  and  some  of  my  church  were  inhabitants  of  South  Carolina.  For  that 
sermon  some  men  in  South  Carolina  proposed  to  come  up  and  hang  me.  That  sermon  made 
a  great  noise  in  the  church,  and  I  lost  my  church  in  consequence  of  what  was  called  my  aboli 
tion  sermon.  After  that  I  was  without  any  means  of  support,  and  remained  at  home  with 
my  wife.  She  is  highly  connected,  and  has  a  great  many  friends  among  the  more  influential 
people  there.  Mr.  Queen,  formerly  a  member  of  the  United,  States  Congress,  was  her  uncle. 
He  opposed  my  leaving  the  country,  saying  that  I  would  disgrace  them  by  so  doing.  It 
was  urged  that  in  order  to  clear  myself  with  the  people  there  I  should  serve  in  the  rebel 
army,  and  the  point  was  in  what  position.  I  did  so  for  my  own  protection  and  for  the  pro 
tection  of  my  family.  While  I  held  that  commission  General  Burnside  came  to  North  Caro 
lina  on  his  expedition.  After  his  troops  landed  I  was  in  the  advance,  but  fell  back  to  our 
intrenchments  without  exchanging  shots  with  his  forces.  Two  distinct  assaults  were  made 
upon  our  lines,  which  were  repulsed.  After  those  two  assaults  General  Reno,  to  the  best  of 
my  recollection,  of  the  Union  army,  came  up  with  his  cloak  on,  and  coming  down  from  the 
extreme  left  he  rode  right  in  front  of  my  command.  My  men  at  once  pulled  up  to  their  guns 
to  shoot  him.  I  directed  them  at  once  to  bring  their  guns  to  an  order  and  to  await  orders. 
I  thereby  saved  the  life  of  General  Reno,  as  I  have  no  doubt  General  Burnside  will  testify 
if  asked.  I  was  trying  to  capture  him,  and  would  not  allow  him  to  be  shot  because  he  came 
up  so  bravely.  Shortly  afterwards  we  were  routed,  and  retired  to  Kingston.  I  was  then 
charged  by  the  Richmond  Examiner,  and  several  other  papers  in  the  south,  with  being  a 
traitor  or  a  coward  to  their  cause.  They  said  that  there  was  something  wrong  about  my 
conduct  there ;  that  I  certainly  must  have  been  with  Burnside  the  night  before,  and  that  I 
had  been  bought  with  Yankee  gold.  I  immediately  left  their  service,  and  have  not  been  in 
it  since. 

Question.  Where  did  you  then  go? 

Answer.  I  immediately  went  home  and  remained  there. 

Question.  Have  you  ever  held  any  position  in  North  Carolina  under  the  government  of  the 
United  States  ? 

Answer.  I  hav«  since  the  rebellion. 

Question.  What  position? 

Answer.  That  of  agent  of  the  Freedmen's  Bureau. 

Question.  When  were  you  appointed  agent  of  the  Freedmen's  Bureau? 

Answer.  On  the  1 1th  of  August,  1865. 

Question.  How  long  did  you  hold  that  position? 

Answer.  Until  the  21st  of'October  last. 

Question.  You  were  then  relieved  as  agent  ? 

Answer.  Yes,  sir. 

Question.  Were  there  any  charges  or  accusations  against  you  ? 

Answer.  On  the  contrary,  my  whole  course  as  such  agent  has  been  approved. 

Question.  Have  you  been  remaining  at  your  home  since  then? 

Answer.  Yes,  sir. 

Question.  Are  you  acquainted  with  Governor  Holden,  of  North  Carolina? 

Answer.  Yes,  sir,  personally. 

Question.  Have  you  ever  received  from  him  a  letter  introducing  you  to  any  person? 

Answer.  Yes,  sir;  I  received  this  letter: 

"RALEIGH,  January  20,  1866. 

"Mr  DEAR  SIR  :  Allow  me  to  introduce  Rev.  James  Sinclair,  of  the  Old  School  Presby 
terian  church  north,   who  is  connected  in  this  State  with  the  Freudian's  Bureau.     Any 
attention  you  may  show  Mr.  Sinclair  will  be  appreciated  by 
"  Your  friend, 

"W.  W.  HOLDEN. 
"Dr.  R.  J.  POWELL." 

Question.  Are  you  acquainted  with  Mr.  A.  T.  Mallette,  of  North  Carolina  ? 
Answer.  Yes,  sir. 

Question.  What  position  does  he  hold  at  Wilmington,  North  Carolina,  if  any  ? 
Answer.  He  is  a  surgeon  by  profession,  and  I  think  was  one  of  the  chief  surgeons  in  the 
rebel  Joe  Johnston's  army. 

Question.  Have  you  a  letter  from  him  ? 
Answer.  Yes,  sir  ;  here  it  is  : 


168  RECONSTRUCTION. 

"WILMINGTON,  N.  C.,  January  18,  1866. 

"DEAR  SIR:  I  take  the  liberty  of  introducing  to  you,  through  this  note,  the  Rev.  Mr. 
Sinclair,  of  this  State.     Mr.  Sinclair  is  a  gentleman  of  standing  and  influence  in  the  south. 
He  will  tell  you  how  I  am  getting  along. 
"  Veiy  respectfully,  yours, 

"A.  T.  MALLETTE. 
"Mr.  E.  S.  HUTCHINSON." 

Question.  What  position  does  Charles  J.  Wickersham  hold  in  North  Carolina  ? 

Answer.  He  is  a  brevet  major  and.  assistant  adjutant  general  on  the  staff  of  Major  General 
O.  O.  Howard,  and  superintendent  of  freedmen  for  the  district  of  Wilmington.  I  have  a  let 
ter  from  him,  of  which  I  will  read  an  extract : 

"  Mr.  Sinclair  acted  for  some  time  as  agent  of  this  bureau,  thereby  incurring  the  ill  will  of 
the  majority  of  the  secession  party ;  and  his  active  and  practical  sympathy  for  the  freedmen 
will  probably  affect  his  influence  among  the  whites,  although  he  has  the  unbounded  con 
fidence  of  the  freedmen." 

Question.  What  is  generally  the  state  of  feeling  among  the  white  people  of  North  Carolina 
towards  the  government  of  the  United  States? 

Answer.  That  is  a  difficult  question  to  answer,  but  I  will  answer  it  as  far  as  my  own 
knowledge  goes.  In  my  opinion,  there  is  generally  among  the  white  people  not  much  love 
for  the  government.  Though  they  are  -willing,  and  I  believe  determined,  to  acquiesce 'in 
what  is  inevitable,  yet,  so  far  as  love  and  affection  for  the  government  is  concerned,  I  do  not 
believe  that  they  have  any  of  it  at  all,  outside  of  their  personal  respect  and  regard  for  Presi 
dent  Johnson. 

Question.  How  do  they  feel  towards  the  mass  of  the  northern  people — that  is,  the  people 
of  what  were  known  formerly  as  the  free  States? 

Answer.  They  feel  in  this  way :  that  they  have  been  ruined  by  them.  You  can  imagine 
the  feelings  of  a  person  towards  one  whom  he  regards  as  having  ruined  him.  They  regard 
the  northern  people  as  having  destroyed  their  property  or  taken  it  from  them,  and  brought 
all  the  calamities  of  this  war*  upon  them. 

Question.  How  do  they  feel  in  regard  to  what  is  called  the  right  of  secession? 

Answer.  They  think  that  it  was  right  under  the  Constitution  as  it  was ;  that  there  was  no 
wrong  in  it.  They  are  willing  now  to  accept  the  decision  of  the  question  that  has  been  made 
by  the  sword,  but  they  are  not  by  any  means  converted  from  their  old  opinion  that  they  had 
a.  right  to  secede.  It  is  true  that  there  have  always  been  Union  men  in  our  State,  but  not 
Union  men  without  slavery,  except  perhaps  among  the  Quakers.  Slavery  was  the  central 
idea  even  of  the  Unionists.  The  only  difference  between  them  and  the  others  upon  that 
question  was,  that  they  desired  to  have  that  institution  under  the  a?gis  of  the  Constitution, 
and  protected  by  it.  The  secessionists  wanted  to  get  away  from  the  north  altogether.  When 
the  secessionists  precipitated  our  State  into  rebellion,  the  Unionists  and  secessionists  went 
together,  because  the  great  object  with  both  was  the  preservation  of  slavery  by  the  preser 
vation  of  State  sovereignty.  There  was  another  class  of  Unionists  who  did  not  care  any 
thing  at  all  about  slavery,  but  they  were  driven  by  the  other  whites  into  the  rebellion  for  the 
purpose  of  preserving  slavery.  The  poor  whites  are  to-day  very  much  opposed  to  conferring 
upon  the  negro  the  right  of  suffrage;  as  much  so  as  the  other  classes  of  the  whites.  They 
believe  it  is  the  intention  of  government  to  give  the  negro  rights  at  their  expense.  They 
cannot  see  it  in  any  other  light  than  that  as  the  negro  is  elevated  they  must  proportionately 
go  down.  While  they  are  glad  that  slavery  is  done  away  with,  they  are  as  bitterly  opposed 
to  conferring  the  right  of  suffrage  on  the  negro  as  the  most  prominent  secessionists  ;  but  it  is 
for  the  reason  I  have  stated,  that  they  think  rights  conferred  on  the  negro  must  necessarily  be 
taken  from  them,  particularly  the  ballot,  which  was  the  only  bulwark  guarding  their  superi 
ority  to  the  negro  race. 

Question.  In  your  judgment,  what  proportion  of  the  white  people  of  North  Carolina  are 
really,  and  truly,  and  cordially  attached  to  the  government  of  the  United  States  .' 

Answer.  Very  few,  sir ;  very  few. 

Question.  Judging  from  what  you  hare  observed  of  the  feelings  of  the  people  of  that  Stat<>, 
what  would  be  their  course  in  case  of  a  war  between  the  United  States  and  a  foreign  govern 
ment? 

Answer.  I  can  only  tell  you  what  I  have  heard  young  men  say  there ;  perhaps  it  was  mere 
bravado.  1  have  heard  them  say  that  they  wished  to  the  Lord  the  United  States  would  get 
into  a  war  with  France  or  England  ;  they  would  know  where  they  would  be.  I  asked  this 
question  of  some  of  them:  If  Robert  E.  Lee  was  restored  to  his  old  position  in  the  army  of 
the  United  States,  and  he  should  call  on  you  to  join  him  to  tight,  for  the  United  States  and 
against  a  foreign  enemy,  what  would  you  do?  They  replied,  "  Wherever  old  Bob  would  go 
we  would  go  with  him." 

Question.  Have  you  heard  such  remaiks  since  the  war  is  over,  as  that  they  wished  the 
United  States  would  get  into  a  war  with  England  and  France? 

Answer.  Oh,  yes,  sir;  such  remarks  are  very  common.  I  have  heard  men  say,  "May 
my  right  hand  wither  and  my  tongue  cleave  to  the  roof  of  my  mouth  if  I  ever  lift  my  arm  in 
favor  of  the  United  States." 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  169 

Question.  Did  you  ever  hear  such  sentiments  rebuked  by  bystanders  ? 

Answer.  No,  sir ;  it  would  be  very  dangerous  to  do  so. 

Question.  In  your  judgment,  would  it  be  the  inclination  of  the  mass  of  the  people  in  North 
Carolina,  in  case  of  a  foreign  war,  to  join  the  enemies  of  the  United  States  ;  would  there  be 
danger  of  that,  do  you  think? 

Answer  The  officers  who  have  been  in  the  rebellion,  and  are  of  course  disappointed  at  the 
result,  might  take  service  against  the  United  States.  But  I  think  the  mass  of  the  people  of 
North  Carolina,  the  bone  and  sinew  of  the  State,  the  quiet,  well-behaved  farmers,  could  not 
be  got  to  do  that  thing. 

Question.  Suppose  all  pressure  and  constraint  on  the  part  of  the  government  of  the  United 
States  should  be  withdrawn  from  North  Carolina,  in  such  an  event  would  or  not  the  entire 
State  go  over  to  the  enemy  ? 

Answer.  I  cannot  answer  that  question.  I  would  not  like  to  express  an  opinion  on  that 
subject.  I  know  there  is  a  hostile  feeling  of  the  most  positive  character,  which  manifests 
itself  against  all  who  were  not  true  to  the  Confederate  States  up  to  the  time  of  the  surrender 
of  General  Johnston.  There  is  a  hostile  feeling  of  a  decided  character  against  that  kind  of 
people ;  I  mean  people  who  had  been  disaffected  to  the  confederate  government.  It  is  a 
feeling  that  will  not  allow  a  man  to  say  anything,  no  matter  what  ho  may  hear  said  against 
this  government.  It  is  as  much  as  a  man's  life  is  worth  to  say  any  such  thing. 

Question.  Under  the  present  laws,  and  with  the  present  courts  in  North  Carolina,  how 
much  security  is  there  for  the  commercial  men  of  the  north  in  the  transaction  of  their  business  ? 

Answer.  I 'reckon  they  would  have  no  security  at  all  just  now,  and  as  things  are  at  pres 
ent.  At  present  there  is  inforceia  stay  law  that  has  been  passed  at  the  commencement  of 
the  rebellion.  Still  a  northern  man  would  be  secure  in  his  property  in  North  Carolina. 

Question.  Take  the  case  of  a  northern  man  who  is  a  suitor  before  the  courts  for  his  rights, 
with  a  case  that  is  to*  be  tried  before  a  jury ;  would  he  stand  a  fair  chance  against  his  oppo 
nent  should  his  opponent  be  a  rebel  ? 

Answer.  No  chance  at  all  for  a  citizen  of  the  State,  in  my  opinion,  if  he  is  obnoxious  to 
the  people  politically.  I  think  he  would  in  a  matter  of  mere  business,  where  there  was  no 
political  matter  involved  ;  that  is,  if  he  has  not  made  himself  very  obnoxious  to  the  people. 

Question.  In  y<Air  opinion,  would  it  be  practicable  in  North  Carolina  to  secure  the  con 
viction  for  treasoX  of  any  of  the  leading  rebels  who  have  participated  actively  in  the  rebel 
lion  ? 

Answer.  I  do  not  believe  it  would  be  possible. 

Question.  Have  you  any  idea  that  a  jury  of  twelve  men  could  be  found  in  North  Carolina 
who  would  convict  a  leading  traitor  of  his  crime  1 

Answer.  I  do  not  believe  you  could  get  twelve  men  in  North  Carolina  to  do  it,  outside  of 
the  Quakers  and  northern  men  there. 

Question.  I  take  it  you  must  have  mingled  very  freely  with  the  people  of  North  Carolina. 

Answer.  My  profession  has  been  such  that  I  have  had  many  opportunities  to  become  ac 
quainted  with  the  people  there.  I  have  been  with  members  of  the  legislature,  and  I  have 
discussed  the  condition  of  affairs  with  the  leading  men  of  the  State  ;  I  have  gone  through 
my  county  explaining  to  black  and  wiiite  the  nature  and  object  of  the  Freedmen's  Bureau, 
and  trying  to  reconcile  both  parties  to  it.  I  have  also  been  prominent  among  them  as  a 
clergyman ;  and  then  in  the  time  of  war  I  was  forced  to  bo  prominent  from  circumstances. 
This  I  do  not  say  from  any  egotism  ;  but  my  commission  as  colonel  of  a  regiment  was  issued 
to  me  nearly  at  the  same  time  a  similar  commission  was  given  to  Hon.  L.  O'B.  Branch.  I 
am  personally  acquainted  with  ex-Governor  Vance  and  most  of  the  leading  men  of  the 
State. 

Question.  Is  the  Freedmen's  Bureau  acceptable  to  the  great  mass  of  the  white  people  in 
North  Carolina? 

Answer.  No,  sir;  I  do  not  think  it  is  ;  I  think  the  most  of  the  whites  wish  the 'bureau  to 
be  taken  away. 

Question.  Why  do  they  wish  that  ? 

Answer.  They  think  that  they  can  manage  the  negro  for  themselves :  that  they  understand 
him  better  than  northern  men  do.  They  say,  "Let  us  understand  what  you  want  us  to  do 
with  the  negro — what  you  desire  of  us  ;  lay  down  your  conditions  for  our  re-admission  into 
the  Union,  and  then  we  will  know  what  we  have  to  do,  and  if  you  will  do  that  we  will  enact 
laws  for  the  government  of  these  negroes.  They  have  lived  among  us,  and  they  are  all 
with  us,  and  we  can  manage  them  better  than  you  can."  They  think  it  is  interfering  with 
the  rights  of  the  State  for  a  bureau,  the  agent  and  representative  of  the  federal  government, 
to  overslaugh  the  State  entirely,  and  interfere  with  the  regulations  and  administration  of  jus 
tice  before  their  courts. 

Question.  Is  there  generally  a  willingness  on  the  part  of  the  whites  to  allow  the  freedmen 
to  enjoy  the  right  of  acquiring  land  and  personal  property? 

Answer.  I  think  they  are  very  willing  to  let  them  do  that,  for  this  reason :  to  get  rid  of 
some  portion  <  f  the  taxes  imposed  upon  their  property  by  the  government.  For  instance,  a 
white  man  will  agree  to  sell  a  negro  some  of  his  land  on  condition  of  his  paying  so  much  a 
year  on  it,  promising  to  give  him  a  deed  of  it  when  the  whole  payment  is  made,  taking 
his  note  in  the  mean  time.  This  relieves  that  much  of  the  laud  from  taxes  to  be  paid  by  the 


170  RECONSTRUCTION. 

white  man.  All  I  am  afraid  of  is,  that  the  negro  13  too  eager  to  go  into  this  thing;  that  he 
will  ruin  himself,  get  himself  into  debt  to  the  white  man,  and  be  forever  bound  to  him  for 
the  debt  and  never  get  the  land.  I  have  often  warned  them  to  be  careful  what  they  did  about 
these  things. 

Question.  There  is  no  repugnance  on  the  part  of  tho  whites  to  the  negro  owning  land  and 
personal  property  ? 

Answer.  I  think  not. 

Question.  Have  they  any  objection  to  the  legal  establishment  of  the  domestic  relations 
among  the  blacks,  such  as  the  relation  of  husband  and  wife,  of  parent  and  child,  and  the 
securing  by  law  to  the  negro  the  rights  of  those  relations  ? 

Answer.  That  is  a  matter  of  ridicule  with  the  whites.  They  do  not  believe  the  negroes 
will  ever  respect  those  relations  more  than  the  brutes.  I  suppose  I  have  married  more  than 
two  hundred  couples  of  negroes  since  the  war,  but  the  whites  laugh  at  the  very  idea  of  the 
thing.  Under  the  old  laws  a  slave  could  not  marry  a  free  woman  of  color ;  it  was  made  a 
penal  offence  in  North  Carolina  for  any  one  to  perform  such  a  marriage.  Hut  there  was  in 
my  *wn  family  a  slave  who  desired  to  marry  a  free  woman  of  color,  and  I  did  what  I  con 
ceived  to  be  my  duty,  and  married  them,  and  I  was  presented  to  the  grand  jury  for  doing 
so,  but  the  prosecuting  attorney  threw  out  the  case  and  would  not  try  it.  In  former  times 
the  officiating  clergyman  marrying  slaves  could  not  use  the  usual  formula:  "Whom  God 
has  joined  together  let  no  man  put  asunder;"  you  could  not  say,  "According  to  the  ordi 
nance  of  God  I  pronounce  you  man  and  wife  ;  you  are  no  longer  two  but  one."  It  was  not 
legal  for  you  to  do  so. 

Question.  What,  in  general,  has  been  tho  treatment  of  the  blacks  by  the  whites  since  the 
close  of  hostilities  ? 

Answer.  It  has  not  generally  been  of  the  kindest  character,  I  rnuht  say  that ;  I  am  com 
pelled  to  say  that. 

Question.  Have  you  witnessed  any  instances  of  cruelty  and  ill  treatment  of  the  blacks  on 
the  part  of  the  whites  ? 

Answer.  I  have. 

Question.  State  one  or  two  Instances. 

Answer.  In  relation  to  the  supply  of  food,  here  is  a  piece  of  meat  (the  witness  here  pro 
duced  and  exhibited  a  piece  of  bacon)  which  was  a  man's  allowance  for  an  entire  week.  I 
had  it  weighed  in  my  office  when  the  skin  was  on  it,  and  it  weighed  just  four  ounces.  The 
case  was  brought  to  my  notice,  and  I  made  his  employer  treat  him  better;  but  the  better 
treatment  was  not  continued.  This  was  the  case  of  a  wealthy  man  who  owned  a  hundred 
negroes. 

Question.  Was  it  in  consequence  of  his  own  poverty  that  he  put  his  laborers  on  that  short 
allowance  ? 

Answer.  He  said  that  it  was  ;  but  tho  negroes  pointed  out  to  me  that  he  had  plenty  of  meat 
and  plenty  of  cattle  to  kill  for  food. 

Question.  What,  besides  that  meat,  was  allowed  for  a  week's  supply? 

Answer.  A  half  a  peck  of  corn  meal ;  that  was  all. 

Question.  Are  you  aware  of  any  instance  of  personal  ill  treatment  towards  the  blacks  by 
the  whites? 

Answer.  Yes,  sir. 

Question.  Give  some  instances  that  have  occurred  since  the  war. 

Answer.  I  knew  a  young  woman,  between  nineteen  and  twenty  years  of  age,  a  fine-look 
ing  girl,  who  was  made  by  her  former  master  to  lie  down  flat  on  her  face,  while  he  boat  her 
across  her  buttocks  and  over  her  private  parts,  he  having  first  pulled  up  her  clothes,  leaving 
hor  person  bare. 

Question.  What  was  the  provocation,  if  any  ? 

Answer.  Something  in  regard  to  some  work,  which  is  generally  the  provocation. 

Question.  Was  there  no  law  in  North  Carolina  at  that  time  to  punish  such  an  outrage  ? 

Answer.  No,  sir ;  only  the  regulations  of  tho  Freedmen's  Bureau  ;  we  took  cognizance  of 
the  case.  In  old  times  that  was  quite  allowable  ;  it  is  what  was  called  "  paddling." 

Question.  Did  you  deal  with  the  master  ? 

Answer.  I  immediately  sent  a  letter  to  him  to  come  to  my  office,  but  he  did  not  come,  and 
I  have  never  seen  him  in  regard  to  the  matter  since.  I  had  no  soldiers  to  enforce  compli 
ance,  and  I  was  obliged  to  let  the  matter  drop. 

Question.  Have  you  any  reason  to  suppose  th.it  such  instances  of  cruelty  are  frequent  in 
North  Carolina  at  this  time — instances  of  whipping  and  striking? 

Answer.  I  think  they  are  ;  it  was  only  a  few  days  before  I  left  that  a  woman  came  there 
with  her  head  all  bandaged  up,  having  been  cut  and  bruised  by  her  employer.  They  think 
nothing  of  striking  them. 

Question.  And  the  negro  has  practically  no  redress? 

Answer.  Only  what  he  can  get  from  tho  Freedmen's  Bureau. 

Question.  Can  you  say  anything  further  in  regard  to  the  political  condition  of  North  Car 
olina — the  feeling  of  the  people  towards  the  government  of  the  United  States  ? 

Answer.  I  for  one  would  not  wish  to  be  left  there  in  the  hands  of  those  men  ;  I  could  not 
live  there  just  now.  But  perhaps  my  case  is  an  isolated  one  from  the  position  I  was  com 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  171 

polled  to  take  in  that  State.  I  was  persecuted,  arrested,  and  they  tried  to  get  me  into  their 
service ;  they  tried  everything  to  accomplish  their  purpose,  aiid  of  course  I  have  rendered  my 
self  still  more  obnoxious  by  accepting  an  appointment  under  the  Freedmen's  Bureau.  As  for 
myself  I  would  not  be  allowed  to  remain  there.  I  do  not  want  to  be  handed  over  to  these 
people.  I  know  it  is  utterly  impossible  for  any  man  who  was  not  true  to  the  Confederate 
States  up  to  the  last  moment  of  the  existence  of  the  confederacy,  to  expect  any  favor  of  these 
people  as  the  State  is  constituted  at  present. 

Question.  Suppose  the  military  pressure  of  the  government  of  the  United  States  should  be 
withdrawn  from  North  Carolina,  would  northern  men  and  true  Unionists  be  safe  in  that 
State? 

Answer.  A  northern  man  going  there  would  perhaps  present  nothing  obnoxious  to  the 
peopl  e  of  the  State.  But  men  who  were  born  there,  who  have  been  true  to  the  Union,  and 
who  have  fought  against  the  rebellion,  are  worse  off  than  northern  men,  Arid  Governor  Hoi- 
den  will  never  get  any  place  from  the  people  of  North  Carolina,  not  even  a  constable's  place. 

Question.  Why  not  ? 

Answer.  Because  he  identified  himself  with  the  Union  movement  all  along  after  the  first 
year  of  the  rebellion.  He  has  been  a  marked  man  ;  his  printing  office  has  been  gutted,  and 
his  life  has  been  threatened  by  the  soldiers  of  the  rebellion.  He  is  killed  there  politically, 
and  never  will  get  anything  from  the  people  of  North  Carolina,  as  the  right  of  suffrage  exists 
there  at  present.  I  am  afraid  he  would  not  get  even  the  support  of  the  negro,  if  they  should 
be  allowed  to  vote,  because  he  did  not  stand  right  up  for  them  as  he  should  have  done.  In 
my  opinion,  he  would  have  been  a  stronger  man  than  ever  if  he  had. 

Question.  Is  it  your  opinion  that  the  feelings  of  the  great  mass  of  the  white  people  of 
North  Carolina  are  unfriendly  to  the  government  of  the  United  States  ? 

Answer.  Yes,  sir,  it  is  ;  they  have  no  love  for  it.  If  you  mean  by  loyalty,  acquiescence  in 
what  has  been  accomplished,  then  they  are  all  loyal ;  if  you  mean,  on  the  other  hand,  that 
love  and  affection  which  a  child  has  for  its  parent  even  after  he  brings  the  rod  of  correction 
upon  him,  then  they  have  not  that  feeling.  It  may  come  in  the  course  of  time. 

Question.  Is  it  practicable,  by  any  measure  to  be  adopted  by  Congress,  to  secure  the  exist 
ence  of  that  love  and  loyalty  to  the  government  of  the  United  States  on  the  part  of  the  white 
people  of  North  Carolina  ?  « 

Answer.  That  is  really  a  question  which  I  am  not  prepared  to  answer.  It  is  utterly  im 
possible  for  me  to  answer  the  question,  for  the  reason  that  I  have  not  seen  that  appreciation 
of  the  course  already  adopted  by  the  President  and  the  government,  in  regard  to  those  who 
have  sinned  against  the  government,  which  I  think  should  have  been  shown  by  them.  I 
will  not  say,  at  the  same  time,  that  it  is  not  possible  to  pursue  such  a  course  as  will  make 
them  truly  loyal.  Yet  I  cannot  say  that  to  pursue  any  given  course  will  do  so  at  the  present 
time,  for  the  course  already  pursued  has  not  been  responded  to  as  I  hoped  and  expected. 

Question.  In  your  judgment  what  effect  has  been  produced  by  the  liberality  of  the  Presi 
dent  in  granting  pardons  and  amnesties  to  rebels  in  that  State — what  effect  upon  the  public 
niind  ? 

Answer.  On  my  oath  I  am  bound  to  reply  exactly  as  I  believe ;  that  is,  that  if  President 
Johnson  is  ever  a  candidate  for  re-election,  he  will  be  supported  by  the  southern  States,  par 
ticularly  by  NoVth  Carolina;  but  that  his  liberality  to  them  has  drawn  them  one  whit  closer 
to  the  government  than  before^  I  do  not  believe.  It  has  drawn  them  to  President  Johnson 
personally,  and  to  the  democratic  party,  I  suppose. 

Question.  Has  that  clemency  had  any  appreciable  effect  in  recovering  the  real  love  and  affec 
tion  of  that  people  for  the  government  ? 

Answer.  No,  sir ;  not  for  the  government,  considered  apart  from  the  person  of  the  Execu 
tive. 

Question.  Has  it  had  the  contrary  effect? 

Answer.  I  am  not  prepared  to  answer  that  question,  from  the  fact  that  they  regard  Presi 
dent  Johnson  as  having  done  all  this  because  he  was  a  southern  man,  and  not  because  he 
was  an  officer  of  the  government.  They  think  that  while  he  stands  by  them  all  the  time 
there  is  no  danger;  but  they  do  not  feel  under  any  obligation  to  the  government,  except  to 
him  personally.  That  is  the  feeling,  as  far  as  I  am  conversant  with  matters  and  things  in 
my  State-. 

Question.  And  you  derive  this  impression  from  daily  conversation  with  the  people? 

Answer.  Yes,  sir ;  they  feel  perfectly  secure.     They  say,  "  Johnson  will  make  it  all  right." 

Question.  Were  you  ever  arrested  by  the  rebel  military  authorities  during  the  war? 

Answer.  Yes,  sir. 

Question.  By  whose  order? 

Answer.  By  the  order  of  Major  General  Whiting,  commandant  of  the  department  of  North 
Carolina,  under  orders  from  Richmond,  as  I  understand.  The  following  is  a  copy  of  the 
order : 

"Lieutenant  CHARLES  J.  WILLIAMS, 

"  Commanding  detachment  at  Fayetteville. 

"LIEUTENANT  :  The  major  general  commanding  directs  that  you  immediately  proceed  to 
Lunibertou,  Robeson  county,  and  arrest  one  James  Sinclair,  claiming  to  be  a  British  sub- 


4 
172  RECONSTRUCTION. 

ject,  and  being  an  enemy  to  our  institutions  and  government ;  and  when  so  arrested,  you  will 
forward  him  to  these  headquarters. 

"  By  command  of  Major  General  Whiting. 

"T.  BROWN  VENABLE. 
"  Major  and  Assistant  Adjutant  General." 

Question.  Were  you  taken  into  custody  under  that  order? 

Answer.  Yes,  sir,  and  carried  off  about  daylight  in  the  morning  from  my  home.  It  caused 
a  death  in  my  family  by  the  shock  it  gave  to  my  wife.'  I  was  not  allowed  even  to  bid  her 
good-bye. 

Question.  How  were  you  liberated  from  this  arrest  ? 

Answer.  By  the  interposition  of  a  writ  of  habeas  corpus,  when  they  found  they  could  not 
take  me  out  of  the  State  without  a  trial. 

Question.  When  was  that? 

Answer.  On  the  16th  of  December,  1863. 

Question.  What  was  the  name  of  the  judge  discharging  you  ? 

Answer.  Mr.  R.  S.  French. 

Question.  Have  you  a  copy  of  the  affidavit  upon  which,  as  you  understand,  the  order  for 
your  arrest  was  issued  ? 

Answer.  Yes,  sir,  it  is  as  follows : 

"STATE  OF  NORTH  CAROLINA,  Robeson  county  : 

"Personally  appeared  before  me,  John  A.  Roland,  clerk  of  the  court  of  pleos  and  quarter 
sessions  for  the  county  of  Robeson,  Condary  Godwin,  who,  having  been  duly  sworn  upon 
the  Holy  Evangelists  of  Almighty  God,  deposes  and  says  :  That  on  the  21st  of  May,  18H3,  or 
thereabouts,  in  the  city  of  Raleigh,  he  heard  James  Sinclair  say  that  he  bad  been  badly 
treated  by  the  southern  confederacy ;  that  he  could  get  on  to  Nassau  on  the  pretence  of  see 
ing  to  land  belonging  to  his  children  in  his  old  country,  and  from  Nassau  he  could  g<-t  to 
New  York ;  that  he  would  explain  to  them  the  treatment  he  had  received  in  the  southern 
confederacy,  and  meet  friends  enough  to  get  the  command  of  a  fleet,  a  brigade,  or  at  least  a 
regiment,  when  he  would  return  and  show  some  of  his  particular  friends  how  it  was  to  be 
ground  down ;  that  he  knew  all  the  paths  and  by-roads  of  this  country.  He  repeated  several 
times  that  he  would  do  this  before  he  would  ever  go  into  the  service.  He  was  then  a  con 
script. 

"Sworn  to  and  subscribed  before  me,  the  24th  day  of  November,  1863. 

"JOHN  A.  ROLAND,   Clerk. 
"C.  GODWIN." 

Question.  And  you  suppose  you  were  arrested  on  that  affidavit? 

Answer.  Yes,  sir,  and  upon  another  affidavit  of  the  same  character,  which  I  have  not 
with  me ;  because  neither  Davis  nor  Seddou  would  let  me  go  out  of  the  country.  For,  cer 
tainly,  if  I  had  been  let  loose  I  could  have  contributed  to  the  capture  of  North  Carolina  the 
sooner  by  a  year  than  it  was  accomplished.  And  it  would  have  been  better  for  her  if  it  had 
been  done. 

Question.  What  is  the  feeling  of  North  Carolina  in  regard  to  the  payment  of  the  confeder 
ate  debt? 

Answer.  There  are  a  great  many  interested  in  it.  Many  of  the  orphans  and  the  widows 
have  put  their  all  in  those  funds,  and  there  is  no  doubt  they  would  like  to  see  that  debt  pai-1. 
But  there  are  just  about  as  many  persons  who  are  afraid  to  see  it  paid  as  there  are  of  persons 
who  want  to  see  it  paid. 

Question.  W^ould  the  people  of  the  State  have  any  real  objection  to  the  total  repudiation 
of  the  rebel  debt? 

Answer.  I  do  not  think  they  would. 

Question.  What,  on  the  other  hand,  is  the  feeling  of  the  people  there  in  regard  to  the  pay 
ment  of  the  national  debt,  contracted  for  the  prosecution  of  the  war  ? 

Answer.  Just  like  everything  else  connected  with  the  overthrow  of  the  confederacy — it  is 
an  accomplished  fact  and  they  have  to  submit. 

Question.  Will  they  willingly  pay  their  share  of  the  debt? 

Answer.  It  will  be  just  like  this:  when  I  send  nay  child  to  get  a  switch  with  which  I  may 
correct  him,  he  hates  it  very  much;  but  he  will  go  and  get  it.  The  people  know  they  must 
pay  it,  and  they  submit;  but  they  have  no  love  at  all  for  it. 

Question.  I  suppose  they  have  no  objection  to  receiving  and  using  the  federal  currency  .' 

Answer.  Not  now  ;  but  it  has  only  been  of  late  that  they  have  become  willing  to  take  it. 
In  the  interior  of  the  State  the  people  at  first  would  not  take  greenbacks  ;  they  wanted  gold 
and  silver,  because  they  said  they  were  tired  of  seeing  paper  money.  But  that  let.-liug  is 
changing  now — has  changed. 

Question.  What  can  you  say  in  regard  to  the  destruction  and  loss  of  property  in  North 
Carolina  during  the  rebellion  ? 

Answer.  There  has  been  a  great  deal  of  property  destroyed  there. 

Question.  Have  property-holders  been  very  generally  impoverished  by  the  war? 

Answer.  Yes,  sir ;  very  much. 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  173 

Question.  What  kind  of  personal  property  generally  and  chiefly  has  been  destroyed  ? 

Answer.  Well,  sir,  a  great  many  horses  were  taken  by  the  confederate  authorities ;  and 
then  whut  the  confederate  authorities  left  General  Sherman  took  pretty  much  when  he  came 
along.  Indeed,  the  county  was  impoverished  to  a  very  considerable  extent  before  the  Union 
forces  came.  The  government  at  Richmond  sent  down  its  authorized  agents,  who  entered 
our  smoke-houses,  and,  after  allowing  so  many  pounds  each  of  meat  for  a  man  and  his  wife, 
and  so  much  for  the  grown  sen-ants,  allowing  nothing  for  children,  either  white  or  black, 
they  would-  take  all  the  rest;  and  then,  when  the  confederates  evacuated  the  State,  a  great 
deal  of  cotton  belonging  to  private  individuals  was  destroyed  by  the  army.  When  General 
Sherman  came  along  his  troops  took  what  the  confederates  left,  leaving  nothing  scarcely  to 
support  life. 

Question.  Have  many  dwelling-houses  been  destroyed  ? 

Answer.  Some  have  been,  but  not  a  great  many.  A  great  deal  of  the  fencing  has  been 
destroyed;  and  the  fact  that  .there  were  no  workmen  to  repair  those  fences,  to  protect  the 
farms,* rendered  the  poverty  still  deeper,  because  crops  could  not  be  made  to  advantage  under 
the  circumstances. 

Question.  What  is  the  confederate  currency  worth  there  now  1 

Answer.  Nothing. 

Question.  Not  a  rush  ? 

Answer.  No,  sir. 

Question.  Is  it  used  as  currency  any  way  ? 

Answer.  Never.  I  can  send  you  $5,000  of  it,  if  you  want  it.  It  is  worth  nothing  at  all, 
arid  never  expected  to  be. 

Question.  If  it  were  practicable  for  the  people  of  North  Carolina  to  decide  the  question  for 
themselves  of  repudiating  the  national  debt  contracted  in  the  prosecution  of  this  war,  would 
they,  or  not,  do  so  ? 

Answer.  I  believe  they  would  repudiate  it. 

Question.  In  case  a  project  should  be  started  by  any  political  party  in  the  United  States 
to  repudiate  and  set  aside  that  debt,  and  it  should  become  a  political  issue,  to  be  decided  by 
the  election  of  members  to  Congress,  on  which  side  of  that  question  would  the  people  of 
North  Carolina  be? 

Answer.  Well,  sir,  the  people  of  North  Carolina  pride  themselves  on  a  high  sense  of 
honor.  I  think  that  they  would  consider  themselves  in  honor  bound  to  pay  that  debt ;  that 
is,  if  they  once  agree  to  do  it.  Still,  I  have  no  doubt  there  would  be  a  majority  in  favor  of 
not  paying  the  debt  should  that  ever  become  a  political  question.  There  would  be  a,  strong 
minority  in  favor  of  paying  it,  because,  whatever  the  State  of  North  Carolina  promises  she 
will  perform,  if  she  can.  You  will  find  that  the  character  of  the  commercial  man  of  North 
Carolina  stands  high  with  the  merchants  of  the  north.  But  she  will  never  go  one  whit  be 
yond  what  you  compel  her  to  do  in  regard  to  the  negro.  I  believe,  as  things  are  at  present 
in  the  State — I  mean  with  the  present  state  of  feeling — I  am  convinced  that  North  Carolina 
would  certainly  throw  her  whole  weight  with  the  party  that  would  seek  repudiation. 

Question.  Have  you  anything  further  to  say  in  addition  to  the  statement  you  have  already 
made  ? 

Answer.  I  would  like  to  state,  in  regard  to  the  action  of  my  presbytery  in  saving  me  from 
the  confederate  conscription  when  the  confederates  tried  to  show  that  I  was  not  a  clergyman, 
I  had  asked  leave  to  enter  into  secular  business  because  I  wanted  nothing  to  do  with  the 
war.  The  presbytery  gave  me  the  following  to  protect  me  from  being  put  into  the  ranks  : 

[Extract.] 

"Kesoltcd,  That  the  Rev.  James  Sinclair,  being  conscripted  by  the  Confederate  States,  is 
in  regular  standing  in  this  Fayetteville  Presbytery." 

Then  follows  this  certificate: 

"A  true  extract  from  the  minutes. of  the  Presbytery  of  Fayetteville,  at  their  session  held 
at  Pike  church,  New  Hanover  county,  N.  C.,  October  9,  1863. 

"  J.  P.  McPIIERSON,  Stated  Clerk," 

I  took  occasion  last  summer  to  write  for  a  religious  paper  published  at  Pittsburg,  taking 
the  ground  that  nothing  would  protect  and  secure  the  true  freedom  of  the  negro,  unless  you 
give  him  the  protection  of  the  ballot  I  took  the  ground,  also,  that  slavery  was  cruel  and 
relentless  as  the  grave ;  that  it  never  forgave  and  never  forgot ;  and,  that  it  sought  always  to 
subject  to  its  powers  and  influence  the  minds  and  bodies  of  its  victims ;  and  that  I  had  been 
persecuted  by  the  church  during  the  war.  The  presbytery  instituted  proceedings  against  me 
after  I  left  there,  on  the  ground  that  I  did  not  leave  regularly.  They  refused  to  dimiss  me 
to  the  church  north,  because  they  did  not  recognize  it,  and  forced  me  to  go  away  without 
papers,  and  I  suppose  they  will  now  proceed  against  me  in  an  ecclesiastical  way  and  depose 
me  from  the  ministry,  in  order  to  incapacitate  me  from  marrying,  legally,  according  to  the 
laws  of  North  Carolina,  those  who  may  desire  me  to  perform  that  ceremony  for  them;  I  have 
reference  especially  to  the  freedmen.  Those  very  preachers  are  the  most  bitter  secessionists 
we  have  in  the  country.  If  I  have  ever  heard  a  presbyterian  clergyman,  since  the  close  of  the 


1 74  RECONSTRUCTION. 

war.  pray  for  his  excellency  the  President  of  the  United  States,  I  do  not  now  recollect  it.  I 
believe  they  pray,  so  to  speak,  in  a  general  way  for  "all  in  power  and  authority,"  but  not  par 
ticularly  for  "  his  excellency  the  President  of  the  United  States  and  both  houses  of  Con<rn-s>. M 
There  is  nothing  of  that  so  far  as  I  have  heard.  I  speak  particularly  of  the  Presbyterians ;  I 
know  nothing  of  the  other  churches.  My  church — the  one  now  under  my  charge — consists 
of  97  members. 

Question.  Are  they  whites  or  blacks  ? 

Answer.  All  blacks.  I  have  97  members  in  full  communion,  and  there  are  some  300  or 
400  more  who  adhere  to  the  church,  but  are  not  in  full  communion  with  it.  The  presbytery 
may  try  to  stop  me  in  the  exercise  of  my  duties  in  marrying  my  people.  The  license  to 
marry,  under  the  laws  of  the  State,  runs  in  this  way:  "To  any  regularly  ordained  minister 
of  the  Gospel  or  justice  of  the  peace."  Now  they  may  come  in  under  their  ecclesiastical 
laws  and  attempt  to  destroy  my  right,  as  a  clergyman,  to  act  under  the  above  license. 

Question.  What  proportion  of  your  church  members  are  able  to  read  ? 

Answer.  A  large  number  of  them.  I  have  2(5  in  a  Bible  class  that  are  able  to  read  the 
Bible.  Three  of  my  elders,  who  are  blacks,  are  able  to  read.  There  are  old  men  who  never 
knew  what  a  letter  was  when  I  opened  my  Sabbath  school,  who  are  now  spelling  words  of 
two  or  three  syllables.  I  have  had  no  teacher  from  the  north.  I  have  offered  to  board  the 
teacher  and  get  a  school-house,  but  I  have  not  been  able  to  get  one  up  to  this  time.  We 
want  teachers  immediately.  If  we  could  get  teachers  to  go  into  the  interior  portions  of  the 
State  it  would  keep  the  negroes  from  coming  into  the  towns  for  education.  The  negro 
dreams  of  it  at  night ;  his  constant  thirst  is  for  education  for  his  child ;  and  he  goes  to  towns 
and  military  posts  for  that  purpose.  I  would  rather  give  the  negro  education  t*han  the  ballot, 
if  he  is  to  have  but  one.  But  if  you  are  to  hand  us  over  to  the  wishes  and  powers  and 
charities  of  a  certain  class  of  people,  the  Lord  be  merciful  to  us;  I  shall  leave  and  go  to  the 
north. 

Question.  Suppose  the  negroes  of  North  Carolina  should  be  allowed  to  vote,  how  would 
the  whites  regard  that  ? 

Answer.  I  do  not  suppose  there  are  20  men  in  North  Carolina  who  would  not  be  opposed 
to  it. 

Question.  What  is  your  opinion  of  the  general  political  effect  in  the  State  of  allowing  the 
negroes  to  vote  1  I  do  not  mean  nil  of  them,  but  a  portion  of  them — those  the  most  fit  for  it. 
Would  it  tend  to  give  strength  to  the  government? 

Answer.  Of  course  it  would  ;  there  is  no  doubt  about  that. 

Question.  Would  it  tend  to  give  prosperity  and  stability  to  the  affairs  of  the  State  ? 

Answer.  It  is  my  opinion  that  it  would.  I  am  an  advocate  of  impartial  suffrage;  to  make 
no  distinction  on  account  of  race  or  color. 

•Question.  Would  there  be  any  liability  on  the  part  of  the  blacks  to  be  led  away  to  vote 
for  secessionists  or  secession  leaders? 

Answer.  There  would  be  no  danger,  for  this  reason ;  next  to  the  Lord  Jesus  Christ,  and 
with  many  negroes  I  am  afraid  a  little  higher,  stands  the  name  of  President  Lincoln.  They 
are  well  aware  of  the  existence  and  position  of  Simmer  and  such  men.  If  candidates  were 
put  up  to-morrow  there  for  Congress,  or  for  any  other  office,  the  negro  would  not  go  to  his 
old  master  to  inquire  about  them,  but  they  would  come  to  me,  or  to  you,  or  some  northern 
man  upon  whom  they  could  depend. 

Question.   Suppose  his  old  master  should  go  to  him  and  ask  him  to  vote? 

Answer.  They  would  laugh  at  him.  Long  before  the  war  they  had  got  so  they  would  not 
believe  a  word  their  masters  said  on  some  things.  The  reason  the  Presbyterian  ministers  are 
so  down  upon  me  i«,  that  not  one  of  the  negroes  who  formerly  attended  their  churches  will 
go  to  them  now.  But  they  will  go  and  hear  me,  or  any  northern  minister,  and  they  would 
come  to  us  and  ask  us  about  their  papers,  or  anything  else  that  they  desired  to  understand. 
Any  northern  man  in  whom  they  have  confidence  can  control  them.  If  you  confer  universal 
suffrage  upon  them,  I  would  like  to  have  it  that  they  should  give  their  votes  viva  tucc, 
in  order  that  there  might  be  no  danger  of  changing  thrij  tickets  by  dishonest  persons. 

Question.  Would  not  their  votes  in  such  case  be  influenced  by  fear  of  their  masters? 

Answer.  Not  at  all. 

Question.  Would  they  have  resolution  enough  to  go  against  their  old  master's  wishes? 

Answer.  Yes,  sir;  their  old  masters  have  not  one  particle  of  influence  over  them  now; 
fchat  is  all  gone.    I  have  here  a  paper  shovsing  the  position  of  my  church  in  North  Carolina, 
in  1864,  in  regard  to  the  simple  question  of  legalizing  in  a  quant  manner  the  murriap 
tion  among  the  negroes,  and  allowing  them  the  privilege  of  reading  the  Bible. 

Question.  This  was  during  the  rebellion? 

Answer.  Yes,  sir:  one  year  prior  to  the  breaking  up  of  the  rebellion.  This  is  the  paper: 
"Whereas  an  address  was  presented  to  the  last  general  assembly  on  the  subject  of  slavery, 
and  the  duties  growing  out  of  the  relation,  which  address  was  committed  to  the  committee  to 
report  to  the  general  assembly  with  instructions  that  the  report  to  be  submitted  bo  printed  in 
advance  of  the  meeting  of  the  said  assembly  for  the  use  of  the  members ; 

"And  whereas  said  address  has  been  presented  to  the  churches  through  the  Southern  Pre«- 
bytoruin  Review  as  the  forthcoming  report  of  said  committee  :  Therefore, 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  175 

"Resolved,  That  this  presbytery  do  and  cannot  approve  of  the  deliverance  made  in  said 
address,  and  hereby  instruct  their  commissioners  to  oppose  the  adoption  of  said  address  or 
any  other  document  looking  to  or  contemplating  any  radical  change  in  the  laws,  civil  or  ec 
clesiastical,  which  at  present  regulate  our  domestic  institutions." 

That  was  adopted  on  April  1,  1864. 


WASHINGTON,  January  30,  1866. 
Lieutenant  George  0.  Sanderson  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

Answer.  In  Boston,  Massachusetts. 

Question.  Are  you  a  citizen  of  Massachusetts  ? 

Answer.  Yes,  sir;  a  native  of  Vermont. 

Question.  Have  you  been  engaged  in  the  civil  war  ? 

Answer.  Yes,  sir. 

Question.  In  what  capacity? 

Answer.  First  as  sergeant ;  last  as  lieutenant. 

Question.  Where  did  you  serve? 

Answer.  In  North  Carolina. 

Question.  Exclusively? 

Answer.  Entirely ;  I  was,  however,  a  few  days  in  Virginia  in  front  of  Petersburg. 

Question.  Since  the  close  of  hostilities,  what  has  been  your  occupation? 

Answer.  I  have  been  travelling  around  North  Carolina,  looking  for  a  place  to  settle. 

Question.  How  much  of  your  time  have  you  spent  in  North  Carolina  since  the  beginning 
of  the-  war? 

Answer.  A  little  over  three  years,  up  to  November,  1865, 

Question.  Where  have  you  chiefly  stopped  ? 

Answer.  At  Newbern,  Roanoke  island,  Wilmington,  and  Raleigh. 

Question.  Have  you  during  that  time  mingled  much  with  the  people  of  North  Carolina  so 
as  to  become  acquainted  with  their  feelings  towards  the  government  of  the  United  States  1 

Answer.  I  have  considerably.  For  nearly  two  years  I  acted  as  superintendent  of  the  eon- 
traband  colony  of  Roanoke  island,  in  North  Carolina. 

Question.  What  is  the  state  of  feeling  among  the  whites  of  North  Carolina  towards  the 
government  of  the  United  States  ? 

Answer.  The  ruling  feeling  of -four-fifths  or  three-fourths  of  the  whites  is  against  it  as 
much  as  ever — the  real  bottom  feeling  of  their  souls. 

Question.  By  the  expression  "against  it"  do  you  mean  to  be  understood  as  saying  that 
they  are  unfriendly  towards  it,  or  discontented  towards  it? 

Answer.  They  are  so,  and  I  think  they  would  throw  every  obstacle  in  the  way  of  carrying 
out  its  laws,  if  they  could,  without  rendering  themselves  liable  to  punishment. 

Question.  In  what  class  of  society  there  do  you  find  this  unfriendly  feeling  most  prevalent  ? 

Answer.  It  is  among  the  laud  owners,  the  country  people,  as  we  should  term  them. 

Question.  What  leading  reason  do  they  give  for  this  feeling,  if  they  give  any  ? 

Answer.  They  give  no  definite  reasons  for  it — at  least  they  have  not  to  me,  further  than 
the  taking  away  of  their  property,  meaning  their  slaves,  and  a  disposition,  as  they  think,  k> 
oppress  them  in  that  manner  and  render  them  poor,  as  they  say. 

Question.  Have  you  noticed  since  the  close  of  hostilities  any  particular  demonstration  of 
that  feeling  on  the  part  of  the  people  ;  if  so,  where,  and  what  was  it? 

Answer.  The  particular  demonstrations  that  I  have  noticed  were  a  refusal  to  recognize  the 
condition  of  the  former  slaves  as  freedmen,  and  a  disposition  to  oppress  them  by  combining 
and  stating  to  them  that  they  intended,  as  soon  as  the  power  was  in  their  hands  again,  as 
soon  as  they  were  readmitted,  and  the  military  force  was  withdrawn  from  their  borders,  to 
put  the  wages  of  the  freedmen  down  to  thirty-seven  and  a  half  cents  a  day,  and  to  make  it 
worse  for  (hem,  as  they  expressed  it,  than  before  they  were  freed  ;  that  is,  to  make  thoir  free 
dom  of  no  avail  to  them. 

Question.  Have  you  heard  expressions  of  that  kind  from  the  planters  ? 

Answer.  I  have  repeatedly.  I  was  told  by  several  planters  that  they  had  decided,  and  it 
vra«  an  understood  thing  among  them,  that  the  moment  the  military  force  was  withdrawn 
and  they  had  the  power  again,  that  they  would  not  pay  any  of  the  freed  slaves  over  thirty- 
Beren  and  a  half  cents  a  day.  They  said  to  me,  "  You  wish  to  come  down  here  and  buy  a 
place  and  settle.  You  have  great  popularity  among  these  people  ;  they  recognize  you  as  their 
friend,  and  your  popularity  is  equal  in  value  to  you  to  a  hundred  slaves,  if  you  owned  them. 
You  can  hire  any  quantity  of  them,  and  as  soon  as  we  get  the  power  we  will  put  the  price 
down,  so  that  it  will  cost  you  less  than  if  you  boarded  and  kept  them  as  your  property*  So 
they  will  be  of  more  value  to  you  thun  they  were  before." 


176  RECONSTRUCTION. 

Question.  What  do  the  lower  and  poorer  class  of  white  people  there  say  on  the  subject  ? 

Answer.  The  confederate  soldiers,  in  fact  nil  of  the  poorer  classes  that  were  not  Union  all 
through  the  war,  seem  to  feel  bitter  towards  the  free  class  on  account  of  their  being  raised  to 
an  equality  with  them.  They  say  that  they  will  drive  them  out  of  the  country  ;  they  will  not 
have  them  there — they  will  not  live  side  by  side  with  them. 

Question.  Where  do  they  propose  to  drive  them  to? 

Answer.  They  say  they  will  send  them  to  hell ;  that  is  the  expression  they  use. 

Question.  According  to  your  observation,  what  is  the  extent  of  this  dislike  and  hostility  on 
the  part  of  the  poorer  class  of  whites  towards  the  freedmen? 

Answer.  In  the  section  which  I  have  visited  particularly,  and  made  myself  acquainted 
with  this  matter,  as  I  naturally  wished  to,  before  casting  my  lot  in  with  them,  I  should  say 
that  about  one-half  of  the  poorer  class  held  this  sentiment  towards  the  freed  people. 

Question.  Do  you  think  that  that  feeling  is  increasing  or  decreasing  among  that  class? 

Answer.  It  is  showing  itself  more  and  more  publicly  since  the  hopes  of  getting  back  into 
the  Union  and  getting  the  control  of  that  matter  into  their  own  hands.  I  do  not  know  that 
they  have  that  feeling  any  more  than  they  had  before,  but  its  demonstration  is  more  appar 
ent.  • 

Question.  Suppose  the  military  force  should  be  withdrawn  entirely  from  North  Carolina, 
and  the  community  there  should  regard  their  former  slaves  as  now  emancipated,  what,  ac 
cording  to  your  judgment,  would  be  the  general  treatment  of  these  people  on  the  part  of  the 
State,  as  evidenced  by  its  laws  towards  the  freedmen  ? 

Answer.  There  would,  in  my  judgment,  be  no  hope  of  the  freedmen's  exercising  any  of  his 
rights.  He  would  have  no  chance  in  a  court ;  he  would  have  no  chance  anywhere.  His 
condition  would  be,  in  my  opinion,  wrorse  than  it  was  before,  from  the  fact  that  before,  his 
master  was  obliged  to  take  care  of  his  health  and  to  provide  him  food  and  raiment,  and  now 
In-  would  not  be  obliged  to  do  that;  consequently  the  physicians  would  not  attend  a  case  of 
sickness  among  the  freed  people  without  the  cash  in  hand  ;  and  as  they  could  not  pay,  tlh-y 
would  suffer  for  lack  of  attention,  and  the  mortality  would  be  increased  to  a  frightful  extent. 
He  would  not  be  allowed  to  testify  in  court ;  he  could  not  enforce  contracts  if  he  made  them, 
and  no  jury  that  could  be  impanelled  would  give  a  verdict  in  his  favor.  His  condition  would 
be  deplorable,  in  my  opinion. 

Question.  Do  you  suppose  that  the  voice  of  the  people  of  the  State  as  expressed  in  their 
legislature  would  extend  to  the  freed  negro  the  right  to  hold  real  estate  and  enjoy  it,  as  well 
a.s  personal  property,  and  to  testify  as  a  witness  in  court  / 

Answer.  They  would  not ;  I  am  very  confident  that  they  would  not  be  permitted  to  enjoy 
either  one  of  those  privileges,  holding  real  estate  or  testifying  in  court. 

Question.  Would  they  preclude  the  negro  from  his  marital  rights  as  a  husband  and  a 
father? 

Answer.  They  would  not  respect  those  rights.  I  do  not  know  that  they  would  be  able  to 
pass  any  law  to  prevent  the  exercise  of  tnern,  but  if  a  white  man  saw  fit  to  invade  those 
rights  no  redress  could  be  had  by  the  freedman. 

Question.  State  whether  the  former  free  negroes  of  North  Carolina  have  among  themselves 
much  property,  real  or  personal. 

Answer.  I  know  of  some  few  instances  where  former  free  negroes  have  property  of  their 
own,  real  and  personal,  but  not  to  any  great  extent.  For  the  most  part  they  were  in  fully  as 
bad  a  condition  as  the  slave  ;  they  had  but  very  few  rights  allowed  them. 

Question.  But  they  could  hold  property  in  North  Carolina  ? 

Answer.  They  could  hold  property.  I  have  heard  those  that  were  free  before  the  war,  ex 
press  the  sentiment  that  they  were  not  so  well  off — had  not  so  good  a  chance  as  the  slaves. 
They  said,  in  case  of  any  collision  betwixt  the  free  negro  and  the  slave  the  white  man  al 
ways  protected  his  property,  and  always  visited,  whether  Avrong  or  not,  his  vengeance  on 
tlfe  free  man.  It  was  to  prevent  the  free  men  from  injuring  their  property  as  we  would  pre 
vent  a  man  from  injuring  our  horse.  The  chance  of  justice  in  that  matter  was  against  them. 
The  whites  were  all  against  them  and  in  favor  of  their  own  property  and  they  felt,  that 
they  did  not  stand  in  so  good  a  position  in  that  resp»ect  as  the  slaves  did  before  the  war. 

Question.  What  can  you  say  of  the  general  intelligence  of  the  black  race  of  North  Carolina  ? 

Answer.  Well,  it  is  at  a  very  low  standard ;  but  considering  the  circumstances  under  which 
they  have  existed  for  the  last  two  hundred  years,  they  compare  very  favorably  with  the  whites. 
1  really  think  that  the  energy  and  industry  of  the  black  race  is  greater  than  that  of  the 
so-called  poor  whites.  The  blacks  have  a  hope  of  bettering  their  condition,  an  incentive  to 
work  up  from  it,  which  the  low  whites  seem  to  have  lost.  I  have  found  them  more  willing 
to  work,  more  willing  to  save,  and  to  attempt  to  get  ahead 

Question.  Can  many  of  the  blacks  read  and  write  ? 

Answer.  Not  many ;  a  few. 

Question.  What  is  their  disposition  in  regard  to  schools  and  education? 

Answer.  They  are  very  anxious  to  learn,  and  where  they  have  been  able  to  have  these 
privileges  they  have  learned  very  readily.  I  think  they  compare  favorably  with  the  whites 
in  that  respect ;  and  they  have  an  exceeding  anxiety  to  get  tueir  children  to  school.  They 
will  sacrifice  and  do  almost  anything  for  that  purpose,  and  even  to  learn  themselves^  and 
the  children  are  willing  and  anxious  to  go  to  school. 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  177 

Question.  What  can  you  say  in  regard  to  the  religious  feeling  of  the  blacks  ? 

Answer.  They  seem  to  have  a  religious  feeling,  but  it  is  all  emotional ;  it  does  not  govern 
their  every-day  life.  They  do  not  carry  out  their  religious  feelings  into  their  every-day  prac 
tice.  They  seem  to  have  an  instinctive,  emotional  religious  feeling,  -which  prompts  them  at 
certain  times  to  manifest,  in  their  way,  acts  of  devotion  or  worship  ;  but  they  do  not  seem  to 
get  the  idea  that  this  feeling  which  they  manifest  should  be  carried  into  their  every-day  ac 
tion,  because  I  have  seen  them  go  right  from  their  churches,  where  they  have  been  mani 
festing  apparently  the  deepest  religious  feeling,  and  commit  theft  on  the  way  home.  They 
do  not  seem  to  connect  the  two  very  well. 

Question.  Do  they  pilfer  a  great  deal  ? 

Answer.  Yes,  they  do ;  but  it  is  no  more  than  could  be  expected  from  their  training  and 
education.  I  do  not  think,  actually,  that  they  do  it  so  much  as  should  be  expected  from 
the  circumstances  in  which  they  have  been  placed.  I  do  not  think  that  innately  they  have 
any  such  disposition  more  than  any  other  class. 

Question.  Does  this  proclivity  to  pilfer  arise  from  a  malicious  temper  on  their  part — an  in 
clination  to  do  wrong  to  the  neighbor — or  does  it  rather  arise  from  their  ignorance  and  the 
long  habits  of  slavery  which  exist  among  them  and  the  total  absence  of  the  right  of  property  ? 

Answer.  There  docs  not  seem  to  be  any  malicious  disposition,  any  mischievous  or  mali 
cious  wish  to  destroy  a  man's  property  when  it  would  not  do  them  any  good.  When  they 
pilfer,  it  is  something  that  they  see  and  covet  and  wish  for  their  own  use,  mostly  eatables  and 
wearing  apparel.  But  to  go  and  destroy  a  man's  crops,  out  of  malice  or  mischief,  I  never 
knew  an  instance,  and  I  have  had  some  3,500  of  them  in  my  charge  for  eighteen  months. 

Question.  How  do  the  negroes  there  feel  towards  the  government  of  the  United  States 
themselves  ? 

Answer.  They  are  thoroughly  loyal. 

Question.  Did  you  ever  see  a  negro  who  was  a  rebel  at  heart,  thoroughly  attached  to  the 
cause  of  the  rebellion? 

Answer.  I  never  knew  an  instance,  nor  heard  of  one. 

Question.  What  amount  of  intelligence  did  you  find  among  the  negroes  in  North  Carolina 
respecting  the  causes  of  this  civil  war  and  its  objects  7 

Answer.  They  seemed  to  have  an  understanding  that  it  was  a  war  for  their  liberation  ; 
that  the  cause  of  the  war  was  their  being  in  slavery,  and  that  the  aim  and  result  would  be 
their  freedom.  Further  than  that  they  did  not  seem  to  have  any  idea  of  it. 

Question.  How  extensive  was  this  feeling  of  theirs?  Was  it  a  general  feeling  among  all 
classes  of  negroes  ? 

Answer.  It  was. 

Question.  Did  yon  become  aware  of  the  existence  of  any  secret  association  or  societies  among 
the  negroes,  having  in  view  the  giving  of  aid  and  comfort  to  the  Union  cause  during  the  war  / 

Answer.  I  was  not  aware  of  any  organized  society.  There  did  not  seem  to  be  any  organ 
ized  society  there.  There  did  not  seem  to  be  any  need  of  any  ;  wherever  a  negro  was  found 
he  was  sure  to  be  a  friend. 

Question.  How  did  they  get  this  information — this  conjecture  that  the  war  was  earned  on 
to  liberate  them? 

Answer.  That  was  a  wonder  to  me,  and  is  to  this  day.  It  seemed  to  pass,  as  intelligence 
will,  in  the  strangest  manner,  from  one  to  another  quickly.  I  do  not  know  how.  If  there 
was  any  preconcert  among'  them  I  was  not  aware  of  it.  I  do  not  think  there  was.  But  it 
was  a  thing  that  interested  them  very  much,  and  if  one  met  another  in  the  neighborhood  he 
was  sure  to  communicate  it,  and  so  it  passed  from  one  to  another  with  unaccountable  speed. 
I  heard  one  of  the  negroes  say  that  he  was  planting  in  the  .field,  and  he  heard  a  gun  from  a 
gunboat.  Said  his  master,  who  stood  beside  him,  "Sam,  what's  that?"  "Don't  know, 
masser,  don't  know."  As  soon  as  his  master  turned  around  the  negro  said  to  himself,  "Bless 
de  Lord,  'tis  the  Linkun  gunboat."  He  seemed  to  have  an  idea  that  that  sound  was  the  sig 
nal  of  freedom  to  him,  but  he  did  not  dare,  as  he  said,  to  let  his  master  know  that  he  knew 
what  it  was.  Still,  all  the  time  he  felt  that  if  he  could  get  where  that  gun  was  fired  he  was 
a  free  man  ;  but  he  did  not  give  any  particular  reason  why  or  how  lie  got  the  idea,  and  I  do 
not  know  that  I  asked  him. 

Question.  What  can  you  say  of  the  disposition  of  the  white  people  in  that  State  towards 
the  freedmeu  who  are  out  of  employment  as  vagrants,  making  vagrancy  penal  / 

Answer.  I  think  it  is  their  intention  to  do  so  ;  to  pass  laws,  as  soon  as  they  have  the  con 
trol  in  their  hands,  or  re-enact  or  put  in  force  their  old  laws,  not  allowing  a  contraband  to 
stay  in  any  section  over  such  a  length  of  time  without  work;  if  he  does,  to  seize  him  and 
sell  him.  In  fac,  tthat  is  done  now  in  the  county  of  Gates,  North  Carolina.  The  county  po 
lice,  organized  under  orders  from  headquarters,  did  enforce  that  law  on  a  person  who  had 
employment  in  Portsmouth  and  was  earning  her  own  living,  who  went  out  to  get  her  own 
children.  She  was  seized  before  she  had  been  there  two  days  ;  her  children  refused  to  her, 
and  under  the  vagrant  act  she  was  set  to  work  on  the  old  plantation  without  pay,  simply  for 
her  board  and  clothes,  as  a  slave.  I  found  also  at  the  same  place  a  whole  plantation  of  forty 
or  fifty  hands  that  the  owner  said  were  not  free,  maintaining  the  point,  that  they  were  not,  and 
refusing  to  let  them  go.  And  the  county  police  did  not  act  in  the  matter ;  they  let  him  main 
tain  his  position. 
12  \  NC  SC 


178  RECONSTRUCTION. 

Question.  Have  you  conversed  much  with  leading,  intelligent  citizens  of  North  Carolina 
on  this  subject  of  vagrancy  ? 

Answer.  Not  much.     I  do  not  know  exactly  what  you  mean  by  leading,  intelligent  men. 

Question.  I  will  develop  the  idea.  The  slaves  becoming  free  are,  of  course,  left  entirely 
destitute  of  property,  real  or  personal,  destitute  of  house  ana  home,  and  of  all  the  implements 
of  agriculture.  Now,  what  do  leading,  intelligent  men  in  that  State  say  in  reference  to  the 
people  thus  situated  ?  Would  they  treat  them  as  vagrants,  and  punish  them  for  being  out  of 
employment  and  destitute  of  the  means  of  gaining  a  livelihood  in  the  midst  of  that  commu 
nity  ?  What  sort  of  reply  would  they  make  to  such  a  suggestion7 

Answer.  They  would  say  that  every  one  of  those  persons  not  employed  earning  his  own 
living  would  be  treated  as  a  vagrant;  that  every  person  that  is  not  at  work,  or  has  not  some 
fixed  means  of  earning  his  living,  remaining  in  a  placo  five  days  without  such  employment, 
would  be  treated  as  a  vagrant. 

Question.  Is  that  feeling  generally  entertained  by  the  planters  towards  the  black  men  ? 

Answer.  It  is  wherever  I  have  been.  I  speak  of  the  planters  ;  it  is  not  so  much  so  around 
the  cities  I  find. 

Question.  Do  the  planters  see  no  injustice,  no  cruelty  in  thus  treating  the  freedmen,  who 
are  destitute  of  all  property,  all  means  of  livelihood,  and  of  home? 

Answer.  They  do  not  express  any  such  feeling;  they  do  not  seem  to  entertain  it. 

Question.  Would  they,  under  these  circumstances,  generally,  receive  the  freedmen  into 
their  employment  upon  any  other  terms  than  'their  own — such  as  they  themselves  should 
prescribe  to  the  negro  ? 

Answer.  They  would  not  unless  there  is  some  power  which  compels  them. 

Question.  If  there  Avere  no  such  power,  what  would  be  the  result  in  regard  to  the  colored 
race? 

Answer.  Able-bodied  men  and  women  would  obtain  employment ;  those  who  were  not 
able  to  earn  their  own  living  would  be  left  to  live  in  the  best  way  they  could.  I  will 
tell  you  an  instance  which  illustrates  that  precisely.  I  was  sent  down  to  Sampson 
county  to  organi/e  the  police  force.  While  there  a  contraband  piloted  me  around  to  where 
about  fifteen  of  our  captured  soldiers  were  taken  out  and  shot,  and  were  unbnried — their 
bones  being  above  the  ground.  We  went  out  to  bury  them,  and  this  contraband  was  there. 
When  we  came  back  he  plead  to  come  with  us.  He  said  he  was  known  to  have  come  around 
with  me  to  the  place,  and  he  would  not  live  three  days  after  the  soldiers  left.  I  said  our 
orders  were  strict  not  to  let  one  of  them  follow,  but,  under  the  circumstances,  said  I,  "  You 
can  follow,  but  do  not  come  into  Goldsboro'  with  the  troops;  come  in  behind."  He  wanted 
to  get  his  old  mother,  a  woman  of  eighty-five  years,  away.  I  did  not  dare  to  take  her  on  the 
government  teams,  as  it  was  against  orders,  and  I  told  him  I  could  not.  The  owner  said  if 
he  left  he  should  turn  her  out  of  doors.  I  told  him  it  would  be  unjust,  as  she  had  worked 
for  him  all  her  life,  and  he  had  had  all  her  service.  "  But,"  said  he,  "  I  am  not  obliged  to 
keep  her!"  And  he  actually  did  turn  her  out  of  doors,  and  she  followed  us  for  five  miles, 
and  then  had  to  sit  down  on  the  road  and  we  had  to  leave  her.  Her  ton  did  not  dare  go 
back  for  fear  of  his  life.  Pie  would  have  been  killed,  quite  probably,  for  just  piloting  us 
around  to  the  place  where  the  bones  of  our  murdered  soldiers  lay. 

Question.  This  was  after  the  close  of  hostilities  ? 

Answer.  Yes,  sir;  sometime  between  the  10th  and  20th  of  May,  1805,  and  when  they 
were  organizing  a  police  force  near  Goldsboro'.  Perhaps  you^_can  get  an  idea  of  the 
disposition  manifested  by  this  instance  which  I  will  relate:  One  of  the  leading  men 
of  the  town — I  think  he  was  county  judge,  or  had  some  connexion  with  the  courts — 
came  to  my  quarters  one  morning  and  said:  "Lieutenant,  what  am  I  to  stand  from 
these  freed  people?  I  suppose  you  call  them  free.  What  insults  am  I  obliged  to 
suffer?  I  am  in  a  perfect  fever."  I  told  him  I  saw  he  was,  and  asked  him  what  he 
complained  of  ?  If  there  was  anything  wrong  I  would  right  it.  "  Well,"  said  he,  "one 
of  these  infernal  niggers  came  along  as  I  sat  on  my  piazza  this  morning  and  bowed  to  me, 
and  said  good  morning — one  of  your  soldiers  !"  Said  I,  "  If  my  soldiers  don't  do  anything 
worse  than  politely  bowing  to  you  as  they  pass,  I  shall  not  punish  them ;  you  will  have  to 
submit."  This  man  said  that  his  people  were  never  allowed  to  speak  to  him  unless  they 
were  first  spoken  to,  and  he  never  was  obliged  to  submit  to  the  indignity  of  a  black  mail 
coming  along  and  speaking  to  him  first. 

Question.  Do  you  think  of  any  other  instances  ? 

Answer.  Well,  there  are  hundreds.     I  do  not  recollect  particularly. 

Question.  State,  in  general  terms,  what  are  the  feelings  of  the  whites  towards  the  blacks — 
whether  they  easily  take  offence. 

Answer.  Oh,  they  never  permit  any  approach  to  equality  on  the  part  of  the  blacks — not 
even  now.  They  consider  them  an  inferior  race,  and  they  will  not  allow  anything  like  equality. 
Another  instance  :  While  down  in  Hyde,  Washington  county — I  was  sent  down  there  to 
arrest  a  man  who  had  kidnapped  a  free  man  from  the  government  employ  and  sold  him  over 
the  line  as  a  slave — stopping  at  the  house  of  the  captain  of  police  for  that  county,  I  halted 
my  detachment  in  the  road,  and  went  up  to  the  house  to  speak  to  the  captain  about  this 
matter  and  get  his  assistance.  It  was  a  very  hot  day ;  my  men  had  marched  a  great  dis- 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  179 

tance,  and  a  couple  of  them  went  up  to  the  back  stoop  of  the  house  to  a  wooden  pail  which 
sat  there,  with  a  wooden  clipper  in  it,  and  took  the  dipper  and  drank  some  water.  All  at  once  I 
saw  a  rush  from  the  house;  the  captain's  wife  or  daughter  seized  the  pail  and  threw  it,  dipper 
and  all,  into  the  street,  and  said :  "  Lieutenant,  do  you  allow  anything  like  that  ? — allow  your 
men  to  come  here  and  drink  out  of  our  water-pail?"  Said  I,  "The  men  are  very  tired  and 
thirsty,  and  they  need  some  water."  Well,  she  said  she  never  used  a  pail  that  a  colored  man 
used ;  she  wanted  me  to  understand  that  she  was  not  reduced  so  low  as  that,  and  wanted  me 
to  order  the  men  out  of  the  yard.  I  told  the  men  to  go  back  to  the  lines.  I  did  not  want  to 
have  any  trouble  with  them,  but  the  matter  was  taken  up,  and  it  was  considered  a  very 
gross  outrage  that  I  had  permitted  my  men  to  do.  The  wooden  bucket  was  not  in  the  house, 
but  simply  in  a  back  stoop. 

Question.  Did  not  your  conscience  prick  you  for  ordering  the  men  back  to  the  lines  ? 

Answer.  Yes,  sir ;  I  was  very  much  vexed,  and  I  had  to  come  pretty  near  shooting  one  of 
my  men  to  make  them  submit  to  the  discipline.  And  I  was  mad  enough  to  have  turned  the 
pistol  muzzle  the  other  way.  Still,  I  was  placed  in  a  position  where  I  must  get  along  as 
easy  as  I  could,  as  I  was  under  strict  orders.  The  men  were  very  much  incensed  at  it,  and 
almost  rebelled,  but  I  ordere/l  them  back.  They  wanted  to  go  through  the  house,  but  the 
war  was  over,  and  this  man  was  captain  of  the  police  of  that  county. 

Question.  The  forces  under  your  command  were  colored  ? 

Answer.  Yes,  sir;  belonged  to  the  first  colored  regiment  of  the  District  of  Columbia. 

Question.  Do  you  think  of  any  other  instance? 

Answer  Well,  perhaps  not  so  marked  as  this,  but  any  quantity  of  that  disposition  mani 
fested  a  spirit  of  refusing  them  anything  like  equality  or  common-sense  rights  either. 

Question.  Is  there  any  other  statement  which  you  wish  to  make? 

Answer.  Well,  I  do  wish  to  state  that  the  bureau  in  the  State  ot  North  Carolina  is  a  farce, 
unless  better  supported  by  the  military  power  or  some  other.  I  will  state  why.  At 
Elizabeth  City,  some  time  after  Christinas,  a  party  of  white  citizens  attacked  the  house  of  a 
colored  man,  beat  him  very  badly,  fired  at  his  wife,  the  ball  passing  through  her  dress  at  her 
waist,  and  broke  their  things  all  to  pieces.  They  nearly  killed  the  man,  and  fired  a  shot  intend 
ing  to  kill  the  woman.  There  was  a  party  of  military  out  there  from  a  Michigan  regiment, 
and  they  asked  the  bureau  agent  to  order  these  men's  arrest — the  negroes  said  they  could 
swear  to  them — and  he  told  the  officer  that  had  charge  of  the  military  that  he  did  not  dare 
to  order  their  arrest;  his  life,  he  said,  would  not  be  worth  having,  as  the  military  were  going 
away  in  a  day  or  two,  and  he  would  be  left  there  alone.  For  that  reason  the  lieutenant  com 
manding  the  troops  said  he  did  not' arrest  the  parties  although  they  were  known  and  could 
be  identified.  The  lieutenant  was  willing  to  arrest  them  and  bring  them  down  for  trial. 

Question.  Do  you  remember  the  name  of  the  lieutenant? 

Answer.  I  do  not ;  he  belonged  to  the  14th  North  Carolina  colored.  I  had  this  from  the 
lieutenant  commanding  the  troops.  I  do  not  know  as  I  ought  to  state  this  under  oath. 

Question.  Anything  else? 

Answer.  In  other  instances  they  admitted  that  they  did  not  dare  to  interfere  against  whites 
in  favor  of  the  blacks,  for  fear  of  violence  on  the  part  of  the  whites. 

Question.  Did  you  make  any  purchases  of  land  in  North  Carolina? 

Answer.  Only  a  couple  of  hundred  acres,  which  I  have  left — entirely  given  it  up  as  a  lost 
purchase. 

Question.   Why? 

Answer.  From  the  fact  that  I  had  become  obnoxious  to  the  white  inhabitants  for  the 
rigidity  with  which  I  enforced  the  regulations  in  regard  to  the  contrabands.  They  stated  to 
rue  that  they  would  not  have  me  around  there.  I  was  not  frightened  out  of  it,  but  it  was 
not  very  valuable  laud,  and  I  did  not  choose  to  go  down  there  and  take  the  risk  of  it. 

Question.  Would  it  be  safe,  in  your  opinion,  for  emigrants  from  the  north  to  go  down  and 
attempt  to  settle  in  North  Carolina? 

Answer.  They  might  not  be  personally  injured,  but  I  have  heard  there  repeatedly  that  any 
northern  man  coming  down  there  to  settle,  his  cattle  would  be  poisoned,  his  hogs  killed,  and 
any  improvements  he  made  destroyed.  An  instance  of  this  kind  occurred  in  this  same 
Sampson  county.  There  were  some  fifteen  or  twenty  guerillas  hanging  about  after  the  war 
closed.  They  were  Arkansas  men.  They  were  stealing  horses  and  cattle,  and  committing 
ravages  on  the  white  Union  inhabitants.  I  took  my  troops  and  hunted  them  out  of  the  dis 
trict.  I  had  infantry,  and  they  were  mounted,  but  I  ambushed  the  bridges  and  drove  them 
out.  We  captured  two  of  the  men  and  got  several  of  their  horses.  Whilst  doing  this  I 
called  at  a  very  rich  planter's  house — a  widow,  who  had  several  nieces.  In  the  course  of 
the  conversation  I  asked  them,  in  a  joking  way,  how  they  would  like  to  have  a  northern  man 
come  down  and  marry  the  widow  and  carry  on  the  plantation.  They  all  spoke  up  at  once 
that  no  northern  man  would  ever  be  permitted  to  come  down  there ;  his  life  would  not  be 
worth  a  cent  that  ever  undertook  to  settle  in  that  section.  Of  course,  all  do  not  have  these 
views,  but  there  are  enough  who  do  hold  them  to  render  it  very  unsafe  for  northern  settlers 
there. 

Question.  Suppose  a  settler  should  go  down  and  shoot  a  few  of  them  by  way  of  'returning 
the  compliment? 

Answer.  Then  ensues  civil  wax  again. 


180  RECONSTRUCTION. 

Question.  Would  they  rush  to  arms  in  such  a  case? 

Answer.  They  might  not  openly,  but  it  would  be  a  guerilla  fight,  a  bush  fight.     And  I  am 

.tisfied  it  will  be  if  the  States  come  back.     The  war  will  only  be  carried  on  in  another  form. 


sati 


If  once  in  the  House  and  Senate  they  get  anything  like  a  majority,  they  will  carry  the  war 
home,  and  will  be  as  aggressive  as  ever  on  northern  interests  ;  will  do  anything  to  get  the 
preponderance  and  keep  i't.  That  is  the  disposition  which  they  openly_  admit  to  me.  If 
northern  men  come  down  and  settle,  they  will  destroy  their  cattle  and  injure  them,  or  even 
take  their  lives.  In  a  great  many  instances  they  are  willing  enough  now  to  get  northern 
men  among  them  and  get  their  money  for  the  laud  ;  but  the  moment  they  get  the  power 
they  will  drive  them  out  by  this  system.  I  believe  so — so  much  so,  that  I  decline  to  go  down 
there  myself.  I  have  been  on  foot  hundreds  of  miles  in  the  State,  travelling  around  and  stop 
ping  at  houses,  investigating  this  matter  for  my  own  benefit. 

Question.  How  extensive  do  you  find  this  robbing  feeling?    Does  it  pervade  the  State'? 
Answer.  All  sections  of  the  State  that  I  have  been  in.     They  say  in  the  western  part  of 
the  State  among  the  mountains  there  is  more  Union  feeling. 

Question.  Is  this  disposition  to  violence  countenanced  by  the  better  class  ? 
Answer.  Encouraged  by  the  large  planters.  1  have  had  arguments  like  this  with  them : 
In  endeavoring  to  buy  land  where  I  found  a  man  with  seven  or  eight  hundred  acres,  I 
would  say  to  him,  "  Why  don't  you  sell  to  some  northern  man,  or  some  Englishman,  Swede 
or  German,  a  hundred  acres  of  this  land,  and  let  him  own  it ;  then  he  will  go  to  work  and 
improve  it,  plant  trees,  build  him  a  little  nicer  house,  and  that  will  make  the  next  hundred 
acres  worth  more,  because  the  purchaser  of  the  adjoining  hundred  acres  prefers  to  have  such 
a  neighbor."  But  no,  they  say,  "We  won't  sell  this  land;  we  don't  wrant  to  part  with 
the  fee;  we  want  to  get  tenants  on  it."  And  they  argue  that  England's  great  prosperity 
has  been  caused  by  tenantry.  That  is  what  they  want  to  get  these  Germans,  Swedes  and 
Swiss,  so  as  to  supersede  black  labor.  They  want  to  drive  off  the  blacks  from  their  farms, 
and  have  a  tenantry  like  the  English.  Hence,  they  refuse  to  sell  a  foot.  There  are  lands 
offered  for  sale,  but  they  are  not  worth  owning.  In  most  instances,  I  would  not  take  them 
as  a  gift.  The  Ibest  laud  is  held  closer  than  in  any  place  on  earth  that  ever  I  tread  on. 
Hyde  county  contains  some  of  the  best  corn  laud,  but  you  can't  get  a  foot  of  anything  but 
swamp  land  there. 

Question.  What  price  do  they  put  on  it  ? 

Answer.  They  pretend  to  call  their  best  land  w^orth  one  hundred'dollars  an  acre,  if  culti 
vated  ;  uncultivated,  twenty  five  dollars.  Washington  and  Pasquotauk  counties  contain 
good  lands. 

Question.  Do  you  think  of  anything  else? 

Answer.  There  is  one  other  thing  :  In  the  appointments  for  this  bureau  they  do  not  select 
right  men.      I  stopped  at  Norfolk,  Virginia.      By  accident  I  was  at  the  same  boarding  house 
with  the  agent  of  the  bureau.     I  was  there  two  nights.     Both  nights  he  came  home  drunk. 
Question.  What  was  his  name? 

Answer.  Arnold.     He  borrowed  a  dollar  of  me.  to  go  to   a  masked  ball,  and  came  home 
so  cliunk  that  he  could  not  pay  me  before  I  came  away. 
Question.  What  post  does  he  hold  ? 

Answer.  One  of  the  agents  of  the  bureau.     I  felt  that  they  were  disgracing  the  government. 
Question.  Didn't  you  report  him  at  once  to  General  Howard  ? 

Answer.  I  have  not  been  to  General  Howard's  yet.     I  do  not  know  where  his  quarters  are. 
Question.  Do  you  find  such  habits  prevailing  among  the  agents  of  the  bureau? 
Answer.  The  other  agent  at  Roauoke   island  I  have  seen  so  drunk  that  he  did  not  know 
where  he  was. 

Question.  What  is  his  name  ? 

Answer.  Gosling — captain  and  assistant  quartermaster. 
Question.  Do  you  think  of  anything  else  ( 

Answer.  I  cannot  swear  positively  to  the  fact,  but  I  have  seen  the  rations  at  Roanoke 
island  in  the  ration  house,  and  I  have  been  part  of  them  in  the  store,  and  I  have  seen  the 
"U.  S."  on  the  barrel  scraped  off  and  marked  over  with  some  other  name.  I  have  seen 
flour  the  same  way. 

Question.  Was  this  peculation  committed  by  the  agent  of  the  bureau,  or  with  his  knowl 
edge,  consent,  or  connivance? 

Answer.  It  was  with  the  knowledge  and  connivance  of  every  one  connected  with  the 
pOSt — captain,  clerks,  commissary,  and  merchants.  They  are  all  engaged  in  it  at  Roanoke. 
island. 

Question.  These  rations  were  intended  for  the  freedmen? 

Answer.  Yes,  sir  ;  drawn  by  them.  I  have  a  letter  now  in  my  pocket  which  a  contraband 
on  the  island  asked  me  to  take  off  the  island  and  put  in  the  post  office  somewhere  else,  as  he 
cannot  get  one  to  General  Howard  through  the  military  post  office  on  the  island.  I  took  it. 
In  that  he  states  these  facts — I  suppose  what  he  knows  in  regard  to  the  rations  being  sold. 
And  the  contrabands  on  the  island  are  actually  suffering  to-day  for  want  of  food.  I  was  in 
their  houses.  I  have  seen  a  woman  who  said  she  was  two  days  without  food  within  three 
weeks.  She  had  a  ration  ticket,  but  could  not  get  anything  from  the  ration  house.  She  was 
.  t  work  spinning  at  1 J  o'clock  at  night  by  the  tire-light  to  get  something  to  eat.  The  whole 


VIRGINIA — NORTH    CAROLINA  — SOUTH    CAROLINA.  181 

object  seems  to  be  at  present  out  there  to  drive  them  back  into  the  employ  of  their  masters — 
at  any  rate,  to  get  them  off  from  the  government  as  fast  as  they  can.  It  is  very  laudable  to 
do  so  as  fast  as  they  can  support  themselves,  but  I  do  not  believe  in  making  them  suffer. 

Question.  I  advise  yoii  to  make  these  facts  known  at  once  to  General  Howard,  in  order 
that  a  remedy  may  be  applied. 

Answer.  My  only  objection  to  that  is,  that  it  is  rather  an  informal  way  of  approaching 
him — although  it  might  not  be,  as  I  am  not  in  the  service.  In  fact,  it  is  impossible  to  get  it 
to  him  where  they  are  all  concerned  for  themselves.  I  do  not  know  what  credit  he  would 
attach  to  my  statements. 

Question.  Are  you  a  man  of  education  ? 

Answer.  Nothing  more  than  a  common  school  education. 

Question.  What  is  your  business  ?     Are  you  engaged  in  Boston  ? 

Answer.  I  am  going  home  to  Boston  now. 

Question.  Are  you  in  business  there  of  any  kind  ? 

Answer.  No,  sir;  I  am  seeking  for  employment  in  some  way  or  other.  I  had  thought  of 
applying  for  employment  in  this  bureau,  but  it  has  been  so  long  that  I  have  given  up  the 
idea. 

Question.  How  old  are  you  ? 

Answer.  39  years  old. 


WASHINGTON,  D.  C.,  February  3,  18C6. 
Colonel  E.  Whittlesey  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  My  residence  is  Brunswick,  Maine.  I  am  now  assistant  commissioner  in  the 
Freedmen's  Bureau  for  North  Carolina,  with  headquarters  at  Raleigh.  My  rank  is  colonel 
of  the  46th  United  States  colored  troops. 

Question.  Where  have  you  been  on  duty  recently  ? 

Answer.  I  have  been  on  duty  since  about  the  21st  of  June  last  at  Raleigh,  North 
Carolina. 

Question.  Have  you  mingled  much  among  the  rebel  people  of  North  Carolina  since  you 
have  been  there  ? 

Answer.  To  some  extent.  I  have  met  a  good  many  of  them  at  my  office,  and  I  have 
travelled  to  the  principal  points  in  the  State,  especially  in  the  eastern  part  of  the  State. 

Question.  What  is  the  state  of  feeling  on  their  part  towards  the  government  of  the  United 
States  generally  ? 

Answer.  Generally,  I  think,  the  feeling  cannot  be  said  to  be  kind  or  favorable  towards  the 
government ;  and  yet  a  good  many  of  the  people  are  disposed  to  welcome  back  the  old  gov 
ernment  over  them. 

Question.  If  they  had  another  opportunity,  would  they  not  endeavor  to  throw  it  off? 

Answer.  I  think  they  would  want  to  be  very  certain  of  success  before  they  would 
attempt  it. 

Question.  Suppose  they  were  morally  certain  of  success  ? 

Answer.  If  they  were  sure  of  success,  I  think  the  majority  would  endeavor  to  throw  it  off. 
Of  course,  that  is  only  an  opinion. 

Question.  What  effect  has  President  Johnson's  liberal  policy  in  granting  pardons  and 
amnesties  to  rebels  had  upon  their  hearts  and  feelings  ?  Has  it  increased  or  diminished  their 
respect  for  the  government  of  the  United  States  ? 

Answer.  I  do  not  think  it  has  increased  their  respect  for  the  government.  It  has  in 
creased  their  expectations,  and  therefore  the  check  that  has  been  put  upon  them  by  the 
refusal  of  Congress  to  receive  their  representatives  has  excited  a  great  deal  of  bitterness.  It 
would  not  have  excited  that  feeling  at  first,  I  think.  WThen  hostilities  ceased  they  expected 
nothing  from  the  government.  They  -  felt  they  were  entirely  in  the  hands  of  the  United 
States  government,  and  they  seemed  ready  to  submit  to  whatever  the  government  might  be 
disposed  to  do  with  them ;  but,  after  receiving  a  great  deal  of  liberality,  they  began  to 
think  that  they  had  a  right  to  receive  everything  and  to  demand  more. 

Question.  How  do  they  treat  loyal  persons  who  go  to  visit  them  from  the  loyal  States  ? 

Answer.  I  have  not  known  of  any  being  treated  with  violence.  They  treat  them  with  a 
good  deal  of  indifference.  There  is  no  social  visiting  at  all  between  the  "two  classes.  They 
do  not  invite  northern  people  to  visit  them.  f 

Question.  Since  you  have  been  at  Raleigh  have  you  been  invited  into  respectable  rebel 
families  ? 

Answer.  In  two  instances  only  during  the  six  months  that  I  have  been  there.  The  pro 
visional  governor  (Governor  Holdeii)  has  invited  me  to  his  house  since  he  was  superseded. 
I  never  was  invited  to  his  house  Avhile  he  was  in  office.  I  called  upon  him  whenever  there 


1 82  RECONSTRUCTION. 

was  anything  of  importance  to  consult  with  him  about  in  my  department,  at  his  office — never 
at  his  house. 

Question.  You  are  a  man  of  education? 

Answer.  Yes,  sir.  I  am  a  graduate  of  Yale  College,  and  at  the  time  the  war  broke  out  was 
a  professor  at  Bowdoin  College,  Maine. 

Question.  Is  that  well  known  at  Kaleigh? 

Answer.  I  think  it  must  be.  The  first  man  who  invited  me  to  his  house  was  Dr.  Skin 
ner,  pastor  of  the  Baptist  church.  He  knew  my  literary  and  social  position  very  well. 

Question.  Plow  do  they  accept  the  emancipation  of  their  slaves? 

Answer.  With  a  pretty  good  grace.     They  accept  it  as  a  necessity. 

Question.  Suppose  they  had  the  power  over  the  negro  that  they  once  had,  and  there  were 
no  Union  troops  in  that  State,  and  no  Freedmen's  Bureau,  what  would  they  do  with  the 
blacks  ? 

Answer.  I  think  they  would  re-establish  slavery  just  as  it  was  before,  if  there  was  no  fear 
of  any  evil  consequences  from  the  government  or  from  the  people  of  other  States.  If  not 
that,  they  would  enact  laws  which  would  make  the  blacks  virtually  slaves.  I  have  no 
doubt  of  that. 

Question.  They  would  pass  vagrant  acts  and  treat  them  as  vagabonds  ? 

Answer.  Yes. 

Question.  In  case  of  war  between  the  United  States  and  France  or  England,  what  would 
be  the  inclination  of  the  masses  of  the  rebel  community  in  North  Carolina  in  reference  to 
the  government  of  the  United  States  * 

Answer.  My  impression  is  that  the  great  mass  of  the  people  would  sustain  the  government. 
They  feel  bitter  towards  France  and  England— more  so  than  they  do  towards  the  United 
States. 

Question.  Would  they  furnish  volunteers  to  defend  the  government  in  such  a  case,  and  to 
prosecute  the  Avar? 

Answer.  From  all  I  have  observed  I  think  they  would. 

Question.  Have  you  reason  to  believe  that  the  purpose  of  soiithern  independence  is  very 
generally  entertained  still  among  the  leading  rebel  people  of  North  Carolina? 

Answer.  No,  sir.  From  all  that  1  can  see  I  think  it  is  abandoned  generally  as  a  hopeless 
thing.  ' 

Question.  What  extent  of  true  loyalty,  as  we  understand  it,  exists  in  North  Carolina  ? 

Answer.  Very  little,  as  we  understand  it.     There  is  a  good  deal  of  professed  loyalty. 

Question.  How  do  they  generally  feel  towards  the  black  people? 

Answer.  I  think  a  majority  of  the  people  are  willing  to  treat  them  with  justice — that  is, 
they  are  willing  to  let  them  alone*  to  a  certain  extent;  to  let  them  take  care  of  themselves.  I 
should  say  that  from  three-fourths  to  four-fifths  of  the  people  were  willing  to  treat  the  blacks 
witli  some  degree  of  fairness,, as  far  as  they  know  how  to  do  it. 

Question.  Would  they  freely  consent  that  the  negro  should  have  the  right  of  holding, 
owning,  and  using  real  estate? 

Answer.  Perhaps  it  would  be  overstating  the  matter  to  say  that  a  majority  would  freely 
consent  to  that ;  but  there  is  nothing  in  the  old  laws  of  North  Carolina  to  prevent  free  negroes 
holding  real  estate,  and,  unless  they  change  the  legislation,  there  is  nothing  in  the  way  of 
negroes  obtaining  possession  of  real  estate. 

Question.  What  can  you  say  in  relation  to  the  negro's  love  of  labor  ?  Is  he  inclined  to  work 
for  fair  wages,  or  is  he,  generally,  an  idler  and  a  shirk  ? 

Answer.  I  think  that  there  is  no  more  industrious  class  of  people  anywhere  than  the  ne 
groes  of  North  Carolina  when  they  have  proper  inducements  held  out  to  them.  The  idleness 
that  has  been  witnessed  during  the  last  season  was  due  in  a  great  measure  to  the  disturbed 
state  of  the  community  and  to  the  uncertainty  in  their  minds  (an  uncertainty  very  well 
founded,  too)  whether  they  would  receive  any  pay  at  all  for  their  work.  I  have  heard  no 
complaints  of  idleness  or  shirking  in  places  where  I  have  known  that  they  were  receiving 
fair  and  prompt  payment  for  their  work. 

Question.  Are  the  whites  generally  willing  to  give  them  fair  wages? 

Answer.  Yes,  sir.  I  think  they  are,  where  they  have  the  means.  The  great  difficulty  so 
fur  has  been  that  they  have  not  had  money  to  pay  them,  and  have  been  obliged  to  make  some 
other  arrangement,  which  left  a  settlement  to  be  made  for  their  work  at  some  future  time. 
Even  for  this  year  they  are  obliged  to  resort  to  some  arrangement  for  a  division  of  crops, 
which  is  a  very  unsatisfactory  one  always  with  free  negroes.  .  Where  employers  can  pay  cash 
by  the  month  or  by  the  week,  they  have  no  difficulty  at  all  in  getting  laborers. 

Question.  Is  there  great  poverty  among  the  blacks  ?  Does  beggary  prevail  among  them  to 
any  extent? 

Answer.  No,  sir,  not  to  a  great  extent.  We  have  at  certain  places  large  communities  of 
blacks  who  have  been  gathering^  during  the  entire  war  on  the  coast — places  of  refuge  from  the 
interior — where  they  came  within  our  lines.  At  those  points  the  men  have  enlisted  in  the 
army,  and  left  a  large  number  of  women  and  children  dependent  upon  the  government  for 
support.  These  principal  points  are  Koanoke  island  and  Newbem  and  vicinity.  In  all  the 
rest  of  the  State  we  have  not  more  than  five  or  six  hundred  who  are  receiving  rations  and 
support  from  the  government. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  183 

Question.  Do  the  whites  appear  to  encourage  or  discourage  education  among  the  blacks? 

Answer.  Neither,  to  any  great  extent.  They  appear,  generally,  indifferent  on  the  subject. 
I  have  olten  put  the  question  to  gentlemen  who  have  come  into  my  office,  "  What  do  you 
say  about  establishing  a  school  on  your  farm  ?"  The  very  general  reply  is,  "  We  have  not 
thought  of  such  a  thing.  It  is  a  matter  that  we  never  have  taken  into  consideration — the 
education  of  the  blacks."  In  some  instances  they  say  they  have  no  objection  to  a  school  if  a 
teacher  can  be  found,  and  if  such  arrangement  can  be  made  as  not  to  interrupt  the  work  of 
the  farm.  There  is  some  real  opposition  to  it.  A  single  fact  will  illustrate  that :  At  Eliza 
beth  City,  during  the  early  part  of  January,  a  party  of  white  men  burned  down  an  old  church 
that  was  being  fitted  up  for  the  freedmen's  school-house.  That  is  the  only  instance  of  the 
burning  of  a  building  that  was  being  prepared  for  a  school-house  that  I  know  of  in  the  State. 
But  when  I  try  to  get  buildings— to  rent  or  purchase  for  that  purpose  with  any  funds  that 
may  be  intrusted  to  me  by  the  Freedman's  Aid  Societies — I  find  it  very  difficult  to  get  posses 
sion  of  proper  places  for  schools  when  it  is  known  that  the  buildings  are  to  be  used  for  that 
purpose. 

Question.  Are  the  teachers  of  colored  schools  treated  respectfully  among  them  ? 

Answer.  They  are  not  very  often  insulted  in  any  way,  but  they  are  entirely  passed  by, 
and  looked  upon  with  contempt :  that  is  very  certain. 

Question.  They  are  not  received  into  respectable  society? 

Answer.  Not  at  all.  They  are  never  invited  into  any  one's  house.  I  never  have  known 
yet  an  instance  of  it,  unless  it  may  be  at  Newbern,  where  there  are  a  good  many  northern 
people ;  but  I  presume  your  question  applies  only  to  southern  people.  When  the  teachers 
first  went  to  Raleigh  I  sent  a  gentleman  all  over  town  to  try  and  tind  a  boarding-place  for 
them,  and  it  was  utterly  impossible  to  find  a  place  for  them  in  a  private  family,  although 
there  were  many  private  families  anxious  to  get  boarders,  in  order  to  get  the  means  of  sup 
port.  When  it  was  frankly  stated  to  them  that  these  were  young  ladies  from  the  north,  who 
were  there  for  the  purpose  of  teaching  colored  schools,  they  turned  their  backs  upon  them. 

Question.  How  much  capacity  has  the  negro  to  acquire  education  ? 

Answer.  I  cannot  sec  any  difference,  in  that  respect,  between  the  black  children  and  white 
children  at  the  north. 

Question.  How  extensive  has  been  your  observation  on  that  subject? 

Answer.  I  have  visited  very  frequently  the  schools  at  Raleigh,  where  my  headquarters  are ; 
and  when  I  go  to  Newbern,  as  I  do  once  in  a  month  or  two,  I  spend  what  time  I  can  spare 
in  looking  through  the  schools.  My  observation  has  not  been  so  extensive  as  I  wish  it  had 
been,  in  order  to  answer  the  question  intelligently.  But  I  have  been  a  school-teacher  and 
school  committee-man  a  good  many  years  in  Maine,  and  am  capable  of  judging  pretty 
quickly  as  to  how  a  school  is  getting  on.  I  have  been  gratified  to  see  that  they  have  been 
making  such  great  progress  in  Newbern.  The  schools  there  have  been  established  nearly 
three  years,  and  of  course  they  have  made  much  further  advances  than  in  Raleigh  or  Wilming 
ton — places  that  were  only  occupied  by  our  troops  last  spring.'  In  Newbern  there  are  classes 
in  the  advanced  rules  of  arithmetic,  studying  and  reciting  geography  and  grammar,  work 
ing  out  problems  on  the  black-board,  drawing  maps,  and  going  through  the  various  exercises 
of  the  school,  just  as  they  would  in  any  good  school  in  New  England — seeming  to  under 
stand  what  they  are  about. 

Question.  Do  they  appear  to  be  indifferent  to  learning? 

Answer.  No,  sir,  quite  the  opposite ;  they  are  very  eager  to  learn.  I  attributed  that,  at 
first,  to  the  novelty  of  the  thing — to  their  being  permitted  to  do  what  had  been  always  there 
tofore  prohibited  to  them ;  but  their  zeal  and  interest  hold  out  so  well  that  I  am  constrained 
to  believe  that  it  is  due  to  a  higher  motive  than  a  mere  love  of  novelty.  The  older  people  avail 
themselves  of  evening  schools.  Men,  grayheaded  and  wearing  spectacles,  and  women,  go 
in  and  learn  to  read,  paying  for  the  privilege  out  of  their  scanty  earnings.  The  evening 
schools  are  generally  established  upon  that  principle. 

Question.  How  are  they  in  regard  to  religion?  Do  the  blacks  appear  to  be  a  religious 
people  ? 

Answer.  Yes,  sir;  they  are  peculiarly  so.  They  are  an  emotional  people,  as  you  know, 
and  are  very  fond  of  getting  together,  singing  their  religious  songs,  and  listening  to  ad 
dresses,  either  from  men  of  their  own  race  or  others ;  it  dues  not  matter.  But  I  can  say  that 
they  are  sadly  in  need  of  religious  instruction  ;  their  ideas  are  very  crude,  indeed.  But  they 
are  a  people  very  easily  influenced  and  trained,  under  proper  religious  iustn-ction,  I  think. 

Question,  Have  you  any  knowledge  of  their  character  as  soldiers  1 

Answer.  No,  sir.  I  have  never  seen  a  regiment  of  colored  soldiers  in  action.  I  have  seen 
them  on  drill,  and  going  through  the  various  duties  of  military  life,  but  never  in  battle. 

Question.  How  do  they  demean  themselves  on  drill  ? 

Answer.  Veiy  well,  indeed,  sir ;  very  well.  I  think  it  is  easier  to  drill  to  perfection  a 
regiment  of  negroes  than  a  regiment  of  whites. 

Question.  Is  there  any  disposition  among  the  whites  of  North  Carolina  to  get  rid  of  the 
blacks  ? 

Answer.  I  did  hear  a  good  deal  said  on  that  subject  about  four  months  ago ;  but  lately, 
since  they  have  begun  to  make  their  arrangements  for  the  present  year,  I  hear  very  little  said 
on  that  subject.  They  are  finding  that  there  are  none  too  many  in  the  State  to  perform  the 
labor  of  the  State. 


184  RECONSTRUCTION. 

Question.  There  are  not  many  blacks  in  North  Carolina? 

Answer.  A  very  much  larger  number  than  people  usually  suppose.  They  number  about 
350,00th 

Question.  What  proportion  does  that  bear  to  the  white  population? 

Answer.  The  white  population  is  a  little  more  than  600,000.  The  blacks  are  about  one  to 
two. 

Question.  "\Vhat  would  be  the  effect  of  allowing  the  negro  to  vote  in  North  Carolina; 
what  effect  would  it  produce  upon  the  white  people/ 

Answer.  There  is  no  disposition  to  allow  him  to  vote  there.  That  would  be  a  very  ob 
noxious  measure  to  all  the  people. 

Question.  Would  it  be  followed  by  scei.es  of  violence  and  riot? 

Answer.  Yes,  sir.  I  think  if  the  negro  should  go  to  the  polls  and  attempt  to  vote,  without 
the  presence  of  a  military  guard,  there  would  be  trouble  and  violence. 

Question.  How  do  the  rebels  with  whom  you  are  acquainted  feel  in  respect  to  the  payment 
of  the  national  debt  of  the  United  States  contracted  fur  the  prosecution  of  the  war? 

Answer.  They  are  very  cautious  in  expressing  themselves  on  that  subject.  I  do  not  think 
I  ever  heard  one  of  them  say  that  he  was  opposed  to  paying  the  national  debt.  1  have  heard 
them  say  "we  shall  be  obliged  to  pay  our  share  of  the  national  debt,"  using  language  indi 
cating  that  it  was  a  very  disagreeable  thing  to  be  obliged  to  pay  for  being  whipped.  But  I 
never  heard  one  say  he  was  opposed  to  paying  it. 

Queston.  How  do  they  feel  in  regard  to  the  payment  of  the  confederate  rebel  debt,  or  of 
the  State  rebel  debt,  contracted  for  the  prosecution  of  the  rebellion? 

Answer.  I  think  the  convention  assembled  there  last  October  expressed  the  popular  feeling 
on  that  subject  when  they  declined  to  take  action  m  relation  to  it.  It  was  felt  to  be  a  kind 
of  degrading  compulsion  when  the  President  sent  a  despatch  to  the  convention  saying  that 
action  must  be  taken  before  the  State  could  be  received  into  the  Union. 

Question.  And  then  the  convention  took  that  action? 

Answer.  Yes,  sir ;  the  convention  yielded  and  repudiated  the  entire  confederate  debt.  But 
it  would  not  have  taken  that  action  except  for  the  despatch  of  the  President.  In  fact,  the 
convention  had  laid  the  matter  on  the  table  and  voted  to  adjourn. 

Question.  Did  that  despatch  produce  debate  in  the  convention  ? 

Answer.  Yes,  sir  ;  it  did,  and  some  of  the  strongest  men  in  the  convention  said  that  it  was 
altogether  beneath  the  dignity  of  such  a  body  to  yield  to  dictation  of  that  kind. 

Question  Was  there  or  was  there  not  a  disposition  on  the  part  of  the  convention  to  pay 
that  rebel  debt — the  debt  due  from  the  State? 

Answer.  Yes,  sir ;  I  think  there  was  a  disposition  manifested  there  to  make  provision  for 
its  payment,  and  I  think  that  such  provision  would  eventually  have  been  made  were  it  not 
for  the  despatch  from  the  President. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  confederate  debt — the  debt  of 
the  Confederate  States  ? 

Answer.  I  think  there  would  be  but  little  opposition  to  the  repudiation  of  that  portion  of 
the  southern  debt. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  speak  of  on  this  examination  ? 

Answer.  As  to  the  necessity  of  United  States  troops  there.  I  do  not  know  that  you  have 
asked  me  any  question  on  that  point  directly.  If  the  Frecdmen's  Bureau  is  to  be  continued, 
it  will  need  the  presence  of  a  military  force  to  give  it  any  efficiency  at  all.  In  many  places 
it  would  be  unsafe  for  an  officer  of  the  bureau  to  attempt  to  discharge  his  duties  without  a 
military  force  somewhere  in  the  State  to  which  he  could  apply.  A  small  force  of  three  to 
four  thousand  men  scattered  over  the  State  will  be  sufficient  to  preserve  order,  and  to  give 
security  to  the  officers  of  the  government  acting  either  under  the  Freedmen's  Bureau  or  the 
Treasury  Department,  or  any  other  department  of  the  government.  The  colored  schools  I 
am  sure  would  not  be  allowed  to  go  on  in  certain  country  districts  without  some  force  to 
appeal  to.  In  the  large  towns,  where  there  is  more  intelligence  and  a  better  class  of  people, 
I  think  the  schools  will  gain  the  good  will  of  the  community,  and  be  allowed  to  continue 
without  any  assistance.  The  freed  men  themselves  would  be,  I  think,  in  great  peril  if  there 
was  not  a  United  States  force  kept  in  the  State — not  that  there  would  be  any  general  attack 
upon  them,  or  that  the  better  class  of  people  would  countenance  any  outrages.  There  are 
enough  of  the  bitter  and  worthless  people,  who  positively  hate  the,  negroes,  to  do  them  great 
wrong,  and  the  better  classes  would  not  interfere,  I  aui  satisfied,  in  a  great  many  instances, 
to  see  these  persons  punished  and  justice  done  to  the  freedmeu.  I  will  give  you  one  fact 
which  is  the  foundation  for  that  remark :  In  Pitt  county,  some  two  months  ago,  four  young 
men,  some  of  whom  had  been  in  the  rebel  service,  riding  armed  through  the  country,  came 
across  a  negro  man  on  his  road  to  Washington — a  negro  who  had  been  in  the  service  of  the 
father  of  one  of  them  as  a  slave.  They  seized  him,  beat  him  cruelly,  and  left  him  on  the 
ground  in  such  a  state  that  he  died  before  morning.  They  went  on  to  the  town  of  Wash 
ington,  in  Beaufort  county;  rode  through  the  town;  fiied  at  a  white  citi/en,  with  whom 
they  had  a  falling  out,  missed  him,  but  hit  another  citizen ;  attacked  another  negro,  fired  at 
him,  and,  in  short,  took  possession  of  the  town.  There  were  no  troops  there.  I  had  a  lieu 
tenant  there,  and  he  called  upon  the  police  to  arrest  these  men.  There  has  been  a  kind  of 
semi-military  police  established  in  every  county  of  the  State  under  military  orders.  The 


VIRGINIA — NORTH    CAROLINA SOUTH   CAROLINA.  185 

police  declined  to  interfere,  and  the  men  went  hack  to  their  own  county.  This  officer  wrote 
to  the  chief  of  police  in  that  county,  ordering  him  to  arrest  these  men  and  bring-  them  to 
Washington  in  order  that  he  might  send  them  to  Newbern  for  trial.  He  brought  down  three 
of  them,  not  under  arrest,  but  by  persuasion,  and  put  them  in  jail  in  Washington.  Before  a 
military  force  had  arrived  from  Newbern  they  broke  jail  and  escaped.  The  military  force 
returned  to  Newbern.  The  case  was  reported  fully  to  me.  I  went  to  Newbern  and  applied 
to  General  Paine,  in  command  there.  He  gave  me  a  military  escort  of  mounted  men.  I 
went  into  the  country  and  tried  to  find  these  men.  The  citizens  everywhere  assured  me  that 
they  had  gone  out  of  the  county,  and,  in  their  opinion,  had  left  the  State.  They  could  not 
be  found,  and  I  had  to  return  without  succeeding  in  arresting  them.  Within  a  week  from 
that  time  they  appeared  at  Greenville,  the  county  seat,  and  voted  at  the  State  election  with 
out  being  challenged.  The  chief  of  police  was  there  with  his  force,  and  made  no  attempt  to 
arrest  them.  Within  a  week  or  two  afterwards  they  appeared  again  at  Greenville,  and 
assisted  in  organizing  the  militia  of  the  county.  Still,  no  effort  was  made  to  arrest  them.  I 
again  reported  the  fact  that  they  were  present  to  the  military  commanders,  and  requested 
that  they  might  be  arrested,  or  that  the  police  be  dealt  with  as  they  should  be  for  failing  to 
discharge  their  duty.  When  I  came  away  the  matter  was  still  pending.  A  force  was  about 
being  organized  and  a  plan  started  for  getting  hold  of  these  men.  I  state  these  facts  to  show 
that  the  citizens  will  not  take  any  steps  to  arrest  the  murderers  of  negroes,  and  that  you 
cannot  trust  even  the  police  organized  under  military  orders  to  do  that  work. 

Question.  The  police  are  subject  to  State  authority? 

Answer.  No,  sir ;  this  police  is  subject  to  the  military  authority  of  the  United  States.  It 
was  organized  by  an  order  from  General  Schofield,  and  armed. 

Question.  Are  the  members  of  the  police  citizens  of  North  Carolina  ? 

Answrer.  Yes,  sir. 

Question.  Taken  from  the  State  militia? 

Answer.  Taken  from  the  citizens  generally.  General  Schofield  issued  an  order  and  sent 
out  an  officer  to  select  the  men,  and  to  organize  a  police  in  every  county  of  the  State  for  the 
purpose  of  preserving  order  and  carrying  out  his  own  commands.  But  in  many  instances 
these  policemen  have  been  acting  as  the  agents  of  magistrates  of  the  county.  They  have 
taken  negroes,  tied  them  up  by  the  thumbs,  and  whipped  them  unmercifully.  I  have  been 
obliged  to  arrest  them  in  several  instances  and  bring  them  to  trial  for  abusing  negroes. 

Question.  That  kind  of  persons  have  no  respect  for  negroes  at  all? 

Answer.  None  whatever.  They  did  not  think  they  were  doing  anything  wrong  at  all. 
They  thought  they  were  executing  the  laws  of  the  State,  and  that  they  were  doing  what  they 
were  required  to  do  as  policemen.  It  is  very  difficult  for  the  people  of  the  south  to  look  upon 
the  uogro  as  a  free  man — as  having  rights  such  as  white  men  have. 

Question.  It  is  a  new  thing  to  them  ? 

Answer.  Yes,  sir;  it  is  a  new  thing.  But,  as  I  have  said,  I  think  that  about  three-fourths 
of  the  intelligent  property  owners  are  disposed  to  try  the  experiment  of  free  labor,  and  try  it 
with  a  good  deal  of  fairness.  The  great  majority" of  the  negroes  of  the  State  have  made  their 
arrangements  for  the  present  year,  and  have  hired  out  and  got  their  homes.  It  would  be  diffi 
cult  for  me  now  to  get  five  hundred  colored  laborers  in  the  State  if  I  was  applied  to  for  therq^ 

Question.  Have  the  negroes  generally  correct  ideas  as  to  the  elements  of  property ;  do\ 
they  know  what  is  meant  by  property  ? 
-Answer.  Yes,  sir. 

Question.  Do  they  distinguish  conscientiously  the  principle  of  m cum  and  tuum  1 

Answer.  Yes,  sir;  so  far  as  their  relations  to  strangers,  to  northern  men,  and  to  neighbors 
is  concerned  ;  but  they  have  an  idea  that  they  have  a  certain  right  to  the  property  of  their 
former  masters,  that  they  have  earned  it,  and  that  if  they  can  lay  their  hands  on  any  of  it,  it 
is  so  much  that  belongs  to  them.  I  think  that  feeling  is  very  general  among  them.  They 
think  that  they  have  a  right  to  the  cattle  and  hogs  that  they  have  raised  and  taken  care  of, 
and  the  grain  that  they  have  raised. 

Question.  We  have  heard  much  said  about  the  disposition  of  the  negro  to  pilfer  upon  plan 
tations  ;  does  that  disposition  arise  from  the  state  of  things  to  which  you  have  just  referred  ? 

Answer.  I  think  it  does,  very  generally.  They  know  it  is  wrong  to  steal,  and  I  do  not 
think  they  steal  often  from  northern  men.  I  have  had  negro  servants  ever  since  the  war  has 
been  going  on,  and  everything  that  I  have  has  been  left  open  in  their  charge;  and  I  am  not 
aware  of  having  lost  anything.  I  am  quite  convinced,  however,  that  these  same  servants 
would  steal  from  their  former  masters  if  they  got  the  chance. 

Question.  Are  you  able  to  speak  of  the  condition  of  things  out  of  North  Carolina? 

Answer.  No,  sir ;  not  from  personal  observation. 

Question.  Are  there  any  other  facts  or  circumstances  which  you  desire  to  relate  here? 

Answer.  No,  sir ;  I  do  not  think  of  any.  General  Howard  has  had  my  reports  covering 
the  whole  time  that  I  have  been  there.  As  they  have  been  printed,  it  cannot  be  contrary  to 
orders  to  pass  them  over  to  you. 

The  reports  handed  in  by  witness  were  ordered  to  be  annexed  to  his  testimony,  and  are  as 
follows : 


186  RECONSTRUCTION. 


Summary  report  of  North  Carolina,  Colonel  E.  Whittlesey,  assistant  commissioner. 

RALEIGH,  N.  C.,  October  15,  1865. 

GENERAL  :  In  presenting  my  first  quarterly  report  of  the  operations  of  this  bureau  in 
North  Carolina,  which  I  have  the  honor  to  forward,  I  deem  it  proper  to  give  a  history  of  its 

ORGANIZATION. 

On  the  22d  of  June  I  arrived  at  Raleigh  with  instructions  from  you  to  take  the  control  of 
all  subjects  relating  to  "  refugees,  freedmen,  and  abandoned  lands  "within  this  State.  I 
found  these  subjects  in  much  confusion.  Hundreds  of  white  refugees  and  thousands  of 
blacks  were  collected  about  this  and  other  towns,  occupying  every  hovel  and  shanty,  living 
upon  government  rations,  without  employment  and  without  comfort,  many  dying  for  want 
of  proper  food  and  medical  supplies.  A  much  larger  number,  both  white  and  black,  were 
crowding  into  the  towns,  and  literally  swarming  about  every  depot  of  supplies  to  receive 
their  rations.  My  first  effort  was  to  reduce  this  class  of  suffering  and  idle  humanity  to  order, 
and  to  discover  how  large  a  proportion  of  these  applicants  were  really  deserving  of  help. 
The  whites,  excepting  "  loyal  refugees,"  were  referred  to  the  military  authorities.  To  in 
vestigate  the  condition  of  refugees  and  freed  men  and  minister  to  the  wants  of  the  destitute, 
I  saw  at  once  would  require  the  services  of  a  large  number  of  efficient  officers.  As  fast  as 
suitable  persons  could  be  selected,  application  was  made  to  the  department  and  district  com 
manders  for  their  detail,  in  accordance  with  General  Order  No.  102,  War  Department,  May 
31,  1865.  In  many  cases  these  applications  were  unsuccessful,  because  the  officers  asked 
for  could  not  be  spared.  The  difficulties  and  delays  experienced  in  obtaining  the  help 
needed  for  a  proper  organization  of  my  work  will  be  seen  from  the  fact  that  upon  thirty-four 
written  requests,  in  due  form,  only  eleven  officers  have  been  detailed  by  the  department  and 
district  commanders.  With  such  assistance,  however,  as  could  be  secured  I  proceeded,  to 
divide  the  State  into  four  general  districts,  viz :  eastern,  western,  southern,  and  central. 
To  the  eastern  district  I  assigned  as  superintendent  Captain  Horace  James,  assistant  quar 
termaster,  who  was  already  on  the  ground,  and  had  for  a  long  time  been  in  charge  of  "con 
trabands,"  under  the  appointment  of  military  commanders  of  the  district.  Over  the  central 
district  Captain  Beal,  9th  Maine  volunteers,  was  first  appointed  superintendent,  but  he  was 
soon  relieved  by  Lieutenant  Colonel  D.  E.  Clapp,  36th  United  States  colored  troops. 

The  western  district  was  placed  under  the  supervision  of  Major  Smith,  17th  Massachusetts 
volunteers,  who  was,  however,  soon  relieved  to  be  mustered  out  with  his  regiment,  and  the 
vacancy  lias  not  yet  been  filled. 

The  southern  district  remained  without  an  officer  until  August  18,  when  Major  Charles  J. 
Wickersham,  assistant  adjutant  general,  was  assigned  as  its  superintendent. 

The  next  step  was  the  division  of  these  four  districts  into  sub-districts.  My  first  intention 
was  to  make  each  county  a  sub-district ;  but  the  impossibility  of  obtaining  so  large  a  num 
ber  of  officers  -as  this  would  require  compelled  me  to  embrace  from  two  to  eight  counties  in 
each  sub-district.  The  arrangement  now  made  is  as  follows  :  eastern  district  has  eight  sub- 
districts  ;  central,  nine  sub-districts ;  western,  six  sub-districts ;  southern,  four  sub-districts. 

For  the  twenty-seven  sub-districts  the  whole  number  of  assistant  superintendents  (inclu 
sive  of  citizen  agents)  has  been  thirty-three.  The  largest  number  at  any  specific  time  has 
been  twenty.  The  number  on  duty  now  is  fifteen.  Thus  more  than  half  of  the  State  is  still 
without  an  officer  or  representative  of  the  bureau. 

My  organization  has  been  three  times  almost  broken  up  by  the  mustering  out  of  regiments 
to  which  my  officers  belonged.  The  only  permanent  officers,  and  such  only  can  be  useful 
in  this  service,  are  those  detailed  by  order  of  the  Secretary  of  War.  With  this  brief  history 
of  my  efforts  to  organize  the  bureau,  I  proceed  to  state 

THE   DESIGN    AND    WORK   PROPOSED. 

In  my  circulars  Nos.  1  and  2  (copies  of  which  are  herewith  enclosed)  the  objects  to  be 
attained  are  fully  stated.  All  officers  of  the  bureau  are  instructed — 

1.  To  aid  the  destitute,  yet  in  such  a  way  as  not  to  encourage  dependence. 

2.  To  protect  freed  men  from  injustice. 

3.  To  assist  freedmen  in  obtaining  employment  and  fair  wages  for  their  labor. 

4.  To  encourage  education,  intellectual  and  moral. 

Under  these  four  divisions  the  operations  of  the  bureau  can  best  be  presented. 

RELIEF    AFFORDED. 

It  was  evident  at  the  outset  that  large  numbers  were  drawing  rations  who  might  support 
themselves.  The  street  in  front  of  the  post  commissary's  office  was  blocked  up  with  vehi 
cles  of  all  the  descriptions  peculiar  to  North  Carolina,  and  with  people  who  had  come  from  the 
country  around,  in  some  instances  from  a  distance?  of  sixty  miles,  for  government  rations. 
These  were  destitute  whites,  and  were  supplied  by  order  of  the  department  commander. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  187 

Our  own  headquarters,  and  every  office  of  the  bureau,  was  besieged  from  morning  till  night 
by  freedinen,  some  coming  many  miles  on  foot,  others  in  wagons  and  carts.  The  rations 
issued  would  scarcely  last  till  they  reached  home,  and  in  many  instances  they  were  sold  be 
fore  leaving  the  town,  in  exchange  for  luxuries.  To  correct  these  evils,  orders  were  issued 
that  no  able-bodied  man  or  woman  should  receive  supplies,  except  such  as  were  known  to  be 
industrious,  and  to  be  entirely  destitute.  Great  care  was  needed  to  protect  the  bureau  from 
imposition,  and  at  the  same  time  to  relieve  the  really  deserving.  By  constant  inquiry  and 
effort  the  throng  of  beggars  was  gradually  removed.  The  homeless  and  helpless  were  gath 
ered  in  camps,  where  shelter  and  food  could  be  furnished,  and  the  sick  collected  in  hospitals, 
where  they  could  receive  proper  care. 

The  statistical  reports  prepared  by  Captain  Almy,  commissary  of  subsistence,  forwarded 
herewith,  will  show  a  steady  and  healthy  decrease  of  the  number  of  dependents  from  month 
to  month. 

July  there  were  issued  215,285  rations,  valued  at  $44,994  56 ;  August  there  were  issued 
156,289  rations,  valued  at  $32,664  40;  September  there  were  issued  137.350  rations,  valued 

at  $^,706  15- 

Should  no  unforeseen  trouble  arise,  the  number  will  be  still  further  reduced.  But  we  have 
in  our  camps  at  Roanoke  island  and  Newbern,  many  women  and  children,  families  of  sol 
diers  who  have  died  in  the  service,  and  refugees  from  the  interior  during  the  war,  for  whom 
permanent  provision  must  be  made.  Some  of  the  women  might  earn  their  support  as  ser 
vants  in  northern  families,  if  there  were  any  organiaed  agency  for  finding  them  employment, 
and  means  for  transporting  them  north.  Many  children  might  be  collected  in  orphan  asy 
lums,  saved  from  death,  and  properly  educated  :  and  I  earnestly  recommend  that  the  "  sol 
diers'  bounty  fund"  be  expended  in  establishing  such  institutions.  In  this  connexion  may 
be  properly  reported  the  efforts  made  in  behalf  of  the  sick.  At  the  organization  of  the  bureau 
many  white  refugees  were  found  in  a  wretched  condition.  These  were  placed  as  far  as  pos 
sible  in  hospitals.  Some  have  died ;  others  have  recovered,  and  been  sent  back  to  their 
homes.  But  very  few  of  this  class  now  remain  under  our  control.  The  reports  prepared 
by'  Surgeon  Hogan  will  show  the  condition  of  freedmen  hospitals.  In  the  early  part  of  the 
summer  much  suffering  and  mortality  occurred  for  want  of  medical  attendance  and  supplies. 
This  evil  is  now  being  remedied  by  the  employment  of  surgeons  by  contract.  One  is  on 
duty  at  Beaufort,  another  at  Wilmington,  and  several  others  are  expected  soon. 

The  whole  number  of  sick  under  care  of  the  bureau  has  been  3,771  during  the  quarter 
ending  September  30. 

PROTECTION. 

Regarding  this  bureau  as  the  appointed  instrument  for  redeeming  the  solemn  pledge  of  the 
nation,  through  its  Chief  Magistrate,  to  secure  the  rights  of  freedinen,  I  have  made  every 
effort  to  protect  them  from  wrong.  Suddenly  set  free,  they  were  at  first  exhilarated  by  the 
ail  of  liberty,  and  committed  some  excesses.  To  be  sure  of  their  freedom,  many  thought 
they  must  leave  the  old  scenes  of  oppression  and  seek  new  homes.  Others  regarded  the 
property  accumulated  by  their  labor  as  in  part  their  own,  and  demanded  a  share  of  it.  On 
the  other  hand,  the  former  masters,  suddenly  stripped  of  their  wealth,  at  first  looked  upon 
the  freedmen  with  a  mixture  of  hate  and  fear.  In  these  circumstances  some  collisions  were 
inevitable.  The  negroes  were  complained  of  as  idle,  insolent,  and  dishonest ;  while  they 
complained  that  they  were  treated  with  more  cruelty  than  Avheu  they  were  slaves.  Some 
were  tied  up  and  whipped  without  trial ;  some  were  driven  from  their  homes  without  pay  for 
their  labc-r,  without  clothing  or  means  of  support  ;  others  were  forbidden  to  leave  on  pain  of 
death,  and  a  few  were  shot  or  otherwise  murdered.  All  officers  of  the  bureau  were  directed, 
in  accordance  with  your  circular  £{o.  5,  to  investigate  these  difficulties  between  the  two 
classes,  to  settle  them  by  counsel  and  arbitration  as  far  as  possible,  to  punish  light  offences 
by  fines  or  otherwise,  and  to  report  more  serious  cases  of  crime  to  the  military  authorities  for 
trial.  The  exact  number  of  cases  hoard  and  decided  cannot  be  given ;  they  have  been  so 
numerous  that  no  complete  record  could  be  kept ;  one  officer  reported  that  he  had  heard  and 
disposed  of  as  many  as  180  complaints  in  a  single  day.  The  method  pursued  may  be  best 
presented  by  citing  a  few  cases  and  tho  action  thereon.  From  the  report  of  Captain  James, 
for  August,  I  quote  the  following : 

"  I  forward  to  you,  in  his  own  language,  a  report  of  a  case  which  occurred  ia  Gates  county, 
on  the  northern  border  of  the  State,  fur  away  from  any  influence  of  troops,  and  where  the 
military  power  of  the  government  had  been  little  felt.  No  doubt  it  illustrates  others  in  sim 
ilar  localities  far  trom  garrisons  and  northern  influences.  The  report  will  repay  perusal,  and 
appears  to  have  been  managed  with  admirable  tact  on  the  part  of  Captain  Hill.  Reports 
had  reached  me  of  the  way  in  which  David  Parker,  of  Gates  county,  treated  his  colored 
people,  and  I  determined  to  ascertain  for  myself  their  truth.  Accordingly,  last  Monday, 
August  20,  accompanied  by  a  guard  of  six  men  from  this  post,  (Elizabeth  City,)  J  proceeded 
to  his  residence,  about  forty  miles  distant.  He  is  very  wealthy.  I  ascertained,  after  due  in 
vestigation,  and  after  convincing  his  colored  people  that  I  was*  really  their  friend,  that  the 
worst  reports  in  regard  to  him  were  true.  He  had  twenty-three  negroes  on  his  farm,  large 
and  small.  Of  these  fourteen  were  field-hands  ;  they  all  bore  unmistakable  evidence  of  the 
way  they  had  been  worked  ;  very  much  undersized,  rarely  exceeding,  man  or  woman,  4  feet 


188  RECONSTRUCTION. 

6  inches — men  and  women  of  thirty  and  forty  years  of  age  looking-  like  boys  and  girls.  It 
has  been  his  habit  for  years  to  work  them  from  sunrise  to  sunset,  and  often  long  after,  only 
stopping  one  hour  for  dinner— food  always  cooked  for  them  to  save  time.  He  had,  and  has 
had  for  many  years,  an  old  colored  man,  one-eyed  and  worn  out  in  the  service,  for  an  over 
seer  or  'over-looker,'  as  he  called  himself.  In  addition,  he  has  two  sons  at  home,  one  ot 
whom  has  made  it  a  point  to  be  with  them  all  summer  long — not  so  much  to  superintend  as 
to  drive.  The  old  colored  overseer  always  went  behind  the  gang  with  a  cane  or  whip,  and 
woe  betide  the  unlucky  wretch  who  did  not  continually  do  his  part;  he  had  been  brought  up 
to  work,  and  had  not  the  least  pity  for  any  one  who  could  not  work  as  well  as  he. 

"Mr.  Parker  told  me  that  he  had  hired  his  people  for  the  season:  that  directly  after  the 
surrender  of  General  Lee  he  called  them  up  and  told  them  they  were  free;  that  he  was  better 
used  to  them  than  to  others,  and  would  prefer  hiring  them ;  that  he  would  give  them  board 
and  two  suits  of  clothing  to  stay  with  him  till  the  1st  day  of  January,  J866,  and  one  Sunday 
suit  at  the  end  of  that  time;  that  they  consented  willingly — in  fact,  prefeired  to  remain  with 
him,  &c.  But  from  his  people  I  learned  that  though  he  did  call  them  up,  as  stated,  yet 
when  one  of  them  demurred  at  the  offer  his  son  James  flew  at  him  and  cuffed  and  kicked 
him  ;  that  after  that  they  were  all  'perfectly  willing  to  stay; '  they  were  watched  night  and 
day ;  that  Bob,  one  of  the  men  had  been  kept  chained  nights:  that  they  were  actually  afraid 
to  try  to  get  away.  There  was  no  complaint  of  the  food  nor  much  of  the  clothing,  but  they 
were  in  constant  terror  of  the  whip.  Only  three  days  before  my  arrival,  Bob  had  been 
stripped  in  the  field  and  given  fifty  lashes  for  hitting  Adarn,  the  colored  over-looker,  while 
James  Parker  stood  by  with  a  gun,  and  told  him  to  run  if  he  wanted  to,  he  had  a  gun  there. 
About  four  weeks  before,  four  of  them  who  went  to  church  and  returned  before  sunset  were 
treated  to  twenty-five  lashes  each.  Some  were  beaten  or  whipped  almost  every  day.  Having 
ascertained  these  and  other  similar  facts,  ]  directed  him  to  call  them  up  and  pay  them  from 
the  first  of  May  last  up  to  the  present  titue.  I  investigated  each  case,  taking  into  considera 
tion  age,  family,  physical  condition,  &c.,  estimating  their  work  from  $8  down,  and  saw  him 
pay  them  off  then  and  there,  allowing  for  clothing  and  medical  bill.  I  then  arrested  him  and 
his  two  sons,  and  brought  them  here,  except  Dr.  Joseph  Parker,  whose  sister  is  very  sick, 
with  all  the  colored  people  I  thought  necessary  as  witnesses,  intending  to  send  them  toNew- 
bern  for  trial.  But  on  account  of  the  want  of  immediate  transportation  I  concluded  to  re 
lease  them  on  their  giving  a  bond  in  the  sum  of  $2,000  to  Colonel  E.  Whittlesey,  assistant 
commissioner  for  the  State  of  North  Carolina,  and  to  his  successors  in  office,  conditioned  as 
follows : 

"That  whereas  David  Parker  and  James  Parker  have  heretofore  maltreated  their  colored 
people,  and  have  enforced  the  compulsory  system  instead  of  the  free  labor  system:  Now, 
therefore,  if  they,  each  of  them,  shall  hereafter  well  and  kindly  treat,  and  cause  to  be  treated, 
the  hired  laborers  under  their  or  his  charge,  and  shall  adopt  the  free  labor  system  in  lieu  ot 
the  compulsory  system,  then  this  bond  to  be  void  and  of  no  effect ;  otherwise  to  remain  in 
full  force  and  effect,  with  good  security." 

Lieutenant  Colonel  Clapp,  superintendent  central  district,  reports  three  cases  of  crnel 
beating,  which  have  been  investigated,  and  the  offenders  turned  over  to  the  military  author 
ities  for  trial ;  besides  very  many  instances  of  defrauding  freeduien  of  their  wages." 

From  the  reports  of  Major  Wickershani,  superintendent  of  southern  district,  I  quote  the 
following : 

"August  25. — A.  S.  Miller,  Bladen  comity,  states  that  Henry  Miller  (colored)  neglects  to 
support  his  family.  Action :  required  Henry  Miller  to  use  his  wages  for  the  support  of  his 
wife  and  children,  who  have  no  claims  on  their  former  master,  and  can  look  to  no  one  else 
than  the  husband  and  father  for  support. 

"27th.— Betsey  Powell  (colored)  states  that  Mrs.  Frank  Powell,  Columbus  county,  has 
driven  her  away  without  pay  for  her  labor.  Gave  letter  to  Mrs.  Powell  directing  her  to  pay 
Betsy  for  her  labor  since  April  27,  18(55. 

"29th.  Leu  Shiner  (colored)  states  that  he  made  an  agreement  with  Mr.  David  Russell, 
of  Robeson  county,  to  work  and  gather  his  crop,  for  which  he  was  to  receive  subsistence  and 
one-third  of  the  crop,  when  gathered.  Mr.  Russell  has  driven  him  off  and  refuses  to  pay. 
Wrote  to  Mr.  Russell  directing  him  to  comply  with  terms  of  agreement,  or  furnish  satisfactory 
reasons  for  not  doing  so.  These  are  but  examples  of  hundreds  of  complaints  heard  aud 
acted  upon  by  Major  Wickersham  and  other  officers  in  the  southern  district." 

The  following  cases  are  taken  from  the  report  of  Captain  Barritt,  assistant  commissioner, 
at  Charlotte: 

"Morrison  Miller  charged  with  whipping  girl  Hannah  (colored. )  Found  guilty.  Action  :  or 
dered  to  pay  said  Hannah  fifty  bushels  of  corn  towards  supporting  herself  and  children,  two 
of  said  children  being  the  offspring  of  Miller. 

"  Wm.  Wallace  charged  with  whipping  Martha  (colored.)  Plead  guilty.  Action  :  fiued  said 
Wallace  $15,  with  assurance  that  if  the  above  offence  was  repeated,  the  fi"ne  would  be  doubled. 

"Council  Best  attempts  to  defraud  six  families  of  their  summer  labor,  by  offering  to  *ell  at 
auction  the  crop  on  his  leased  plantation.  Action:  sent  military  force  and  stopped  the  sale 
until  contract  with  laborers  was  complied  with." 

A  hundred  pages  of  similar,  reports  might  be  copied,  showing,  on  the  one  side,  that  many 
freedmen  need  the  presence  of  some  authority  to  enforce  upon  them  their  new  duties ;  and  on 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  139 

the  other,  that  so  far  from  being  true  that  "there  is  no  county  in  which  a  freedman  can  be 
imposed  upon,"  [speech  of  Judge  Reed,  constitutional  convention,]  there  is  no  county  in 
which  lie  is  not  oftener  wronged;  and  these  wrongs  increase  just  in  proportion  to  their  dis 
tance  from  United  States  authorities.  There  has  been  great  improvement,  during  the  quarter, 
in  this  respect.  The  efforts  of  the  bureau  to  protect  the  freedmeu  have  done  much  to  restrain 
violence  and  injustice.  Such  efforts  must  be  continued  until  civil  government  is  fully  re 
stored,  just  law's  enacted,  or  great  suffering  and  serious  disturbance  will  be  the  result. 

INDUSTRY. 

Contrary  to  the  fears  and  predictions  of  many,  the  great  mass  of  colored  people  have 
remained  quietly  at  work  upon  the  plantations  of  their  former  masters  during  the  entire 
summer.  TLe  crowds  seen  about  the  towns  in  the  early  part  of  the  season  had  followed  in 
the  wake  of  the  Union  army,  to  escape  from  slavery.  After  hostilities  ceased  these  refugees 
returned  to  their  homes,  so  that  but  few  vagrants  can  now  be  found.  In  truth,  a  much 
larger  amount  of  vagrancy  exists  among  the  whites  than  among  the  blacks.  It  is  the  almost 
uniform  report  of  officers  of  the  bureau  that  freedmen  are  industrious. 

The  report  is  confirmed  by  the  fact  that  out  of  a  colored  population  of  nearly  350,000  in 
the  State,  only  about  5,000  are  now  receiving  support  from  the  government.  Probably  some 
others  are  receiving  aid  from  kind-hearted  men  who  have  enjoyed  the  benefit  of  their  services 
from  childhood.  To  the  general  quiet  and  industry  of  this  people  there  can  be  no  doubt  that 
the  efforts  of  the  bureau  have  contributed  greatly.  I  have  visited  some  of  the  larger  towns, 
as  Wilmington,  Newberu,  Goldsborough,  and  both  by  public  addresses  and  private  instructions 
counselled  the  freedmen  to  secure  employment  and  maintain  themselves.  Captain  James  has 
made  an  extensive  ttur  through  the  eastern  district  for  the  same  purpose,  and  has  exerted  a 
most  happy  influence.  Lieutenant  Colonel  Clapp  has  spent  much  of  his  time  in  visiting 
the  county  seats  of  the  central  district,  and  everywhere  been  listened  to  by  all  classes  with 
deep  interest.  Other  officers  have  done  much  good  in  this  way.  They  have  visited  planta 
tions,  explained  the  difference  between  slave  and  free  labor,  the  nature  and  the  solemn  obli 
gation  of  contracts.  The  chief  difficulty  met  with  has  been  a  want  of  confidence  between 
the  two  parties.  The  employer,  accustomed  only  to  the  system  of  compulsory  labor,  is  slow 
to  believe  that  he  can  secure  fruitful  services  by  the  stimulus  of  wages.  The  laborer  is  un 
willing  to  trust  the  promises  of  those  for  whom  he  has  toiled  all  his  days  without  pay  ;  hence 
but  few  contracts  for  long-periods  have  been  effected.  The  bargains  for  the  present  year  are 
generally  vague,  and  their  settlement  as  the  crops  are  gathered  in  requires  much  labor.  In 
a  great  majority  of  cases  the  land-owners  seem  disposed  to  do  justly,  and  even  generously  ; 
and  when  this  year's  work  is  done,  and  the  proceeds  divided,  it  is  hoped  that  a  large  number 
of  freedmen  will  enter  into  contracts  for  the  coming  year.  They  will,  however,  labor  much 
more  cheerfully  for  money,  with  prompt  and  frequent  payments,  than  for  a  share  of  the  crop, 
lor  which  they  must  wait  twelve  months.  A  large  farmer  in  Pitt  county  hires  hands  by  the 
job,  and  states  that  he  never  saw  negroes  work  so  well.  Another  in  Lenoir  county  pays 
monthly,  and  is  satisfied  so  far  with  the  experiment  of  free  labor.  Another  obstacle  to  long 
contracts  was  found  in  the  impression  which  had  become  prevalent  to  some  degree,  i.  e., 
that  lands  were  to  be  given  to  freedmeu  by  the  government.  To  correct  this  false  impres 
sion  I  published  a  circular,  No.  3,  and  directed  all  officers  of  the  bureau  to  make  it  as  widely 
known  as  possible.  From  the  statistical  reports  enclosed,  it  will  be  seen  that  during  the 
quarter  257  written  contracts  for  labor  have  been  prepared  and  witnessed  ;  that  the  average 
rate  of  wages,  when  paid  in  money,  is  from  $d  to  $10  per  month ;  that  1'<J8  farms  are  under 
the  control  of  the  bureau  and  cultivated  for  the  benefit  of  freedmen;  that  8,540  acres  are 
under  cultivation,  and  b',102  laborers  are  employed.  Many  of  the  farms  were  rented  by 
agents  of  the  treasury  as  abandoned  lauds,  previous  to  the  establishing  of  this  bureau,  and 
were  transferred  to  us  with  the  leases  upon  them.  Nearly  all  have  been  restored  to  their 
owners,  under  the  President's  proclamation  of  amnesty,  and  our  tenure  of  the  few  that  re 
main  is  so  uncertain  that  I  have  not  deemed  it  prudent  to  set  apart  any  for  use  of  refugees 
and  freedmen,  hi  accordance  with  the  act  of  Congress  approved  March  3,  1805.  But  many 
freedmeu  are  taking  this  matter  into  their  own  hands,  and  renting  lands  from  the  owners  for 
one  or  more  years.  The  following  communication  indicates  an  interesting  movement  in  this 
direction : 

KINSTON,  N.  C.,  August  16,  1865. 

Whereas  we,  a  portion  of  the  freedmen  of  Lenoir  county,  in  the  State  of  North  Carolina, 
being  desirous  of  embracing  every  facility  which  the  United  States  government  offers,  to  pro 
vide  lor  ourselves  the  comforts  of  a  permanent  home;  and  whereas  we  have  felt  the  import 
ance  of  mutual  labor  and  mutual  interests,  and  believing  that  industry  is  the  basis  of  progress, 
and  being  desirous  of  becoming  good  citizens,  showing  that  the  labor  spent  on  us  was  not 
thrown  away  :  Therefore, 

Be  it,  and  it  is  hereby,  resolced,  That  we  form  ourselves  into  a  society  to  purchase  homes 
by  joint  stock,  and  for  other  purposes  to  be  hereafter  stated. 

He  it  further  resolved,  That  we  raise  ten  thousand  dollars  for  the  purchase  of  homesteads, 
and  that  the  said  sum  be  raised  by  the  1st  of  January,  1868. 

And  be  it  resolved,  That  this  society  shall  be  composed  of  the  best  and  most  reliable  freed- 


190  RECONSTRUCTION. 

men  in  Lenoir  county.  And  it  is  further  proposed  to  raise  the  required  amount  in  the  follow 
ing  manner,  viz:  two  hundred  and  fifty  men  Avill  compose  the  society,  each  to  be  assessed 
the  sum  of  forty-eight  dollars  per  annum,  to  be  paid  in  monthly  instalments  of  four  dollars 
each. 

ANTHONY  BLUNT, 
JAMES  HARGATE, 
EZEKIEL  BLUNT,  Committee. 

I  am  also  endeavoring  to  purchase  or  rent,  for  a  long  period,  the  lands  upon  which  houses 
have  been  erected  by  freedmen,  so  that  they  may  not  lose  what  has  been  expended.  The  most 
important  local  interest  of  this  kind  is  the  Trent  river  settlement.  The  village  was  carefully 
laid  out  by  Captain  James,  and  now  contains  a  population  of  nearly  3,000,  all  but  about  300 
self-supporting.  "Although,"  says  Captain  James,  "in  interest  a  part  of  the  city  of  New- 
bern,  it  lies  outside  of  the  corporate  limits,  and  therefore  came  under  no  municipal  regula 
tions."  I  therefore  issued  an  order  erecting  it  into  a  separate  municipality.  I  imposed  a  small 
tax  upon  the  trades  and  occupations  of  the  people,  and  a  very  moderate  ground  rent  upon  the 
lots,  to  raise  a  fund  for  meeting  the  necessary  expenses  of  maintaining  the  settlement.  They 
pay  these  sums  with  pleasure,  deeming  them  an  evidence  of  citizenship.  From  the  fund  thus 
raised  the  superintendent,  assistant  superintendent,  a  clerk,  six  nurses  in  hospital,  and  some 
fifteen  mechanics  and  laborers  employed  about  the  settlement,  are  paid.  A  good  market  is 
now  nearly  completed,  the  stalls  of  which  have  been  taken  up  beforehand  at  high  rates.  It 
needs  only  the  power  to  sell  these  people  their  lots  of  land  to  induce  them  to  put  more  perma 
nent  improvements  on  them.  The  settlement,  as  such,  is  by  all  confessed  to  be  well  ordered, 
quiet,  healthy,  and  better  regulated  than  the  city  proper. 

EDUCATION. 

The  quarter  has  been  one  of  vacation  rather  than  active  work  in  this  department.  Still 
some  progress  has  been  made,  and  much  done  to  prepare  for  the  coming  autumn  and  winter. 
Rev.  F.  A.  Fiske,  a  Massachusetts  teacher,  has  been  appointed  superintendent  of  education, 
and  has  devoted  himself  with  energy  to  his  duties.  From  his  report  it  will  be  seen  that  the 
whole  number  of  schools,  during  the  whole  01  any  part  of  the  quarter,  is  63,  the  number  of 
teachers  85,  and  the  number  of  scholars  5,624.  A  few  of  the  schools  are  self-supporting,  and 
taught  by  colored  teachers,  but  the  majority  are  sustained  by  northern  societies  and  northern 
teachers.  The  officers  of  the  bureau  have,  as  far  as  practicable,  assigned  buildings  for  their 
use,  and  assisted  in  making  them  suitable  ;  but  the  time  is  nearly  past  when  such  facilities 
can  be  given.  The  societies  will  be  obliged  hereafter  to  pay  rent  for  school-rooms  and  for 
teachers'  homes.  The  teachers  are  engaged  in  a  noble  and  self-denying  work.  They  report 
a  surprising  thirst  for  knowledge  among  the  colored  people — children  giving  earnest  attention 
and  learning  rapidly,  and  adults,  after  the  day's  work  is  done,  devoting  the  evening  to  study. 
In  this  connexion  it  may  be  mentioned,  as  a  result  of  moral  instruction,  that  512  marriages 
have  been  reported  and  registered,  and  42  orphans  provided  with  good  homes. 

FINANCES. 

The  financial  condition  of  the  bureau  is  clearly  presented  in  the  reports  of  Captain  James, 
who,  in  addition  to  his  duties  as  superintendent  of  the  eastern  district,  has  acted  as  finan 
cial  agent,  with  the  assistance  of  Captain  Seely,  assistant  quartermaster.  The  duties  of  the 
department  have  been  very  great,  and  have  been  faithfully  discharged  by  these  officers.  In 
July,  Colonel  Pleaton,  agent  of  the  United  States  treasury,  turned  over  to  the  bureau  a 
large  amount  of  real  estate  in  Wilmington,  Newbernand  adjoining  counties,  which  had  been 
leased  for  terms  varying  from  one  month  to  one  year.  The  collection  of  rents  from  several 
hundred  lessees  of  tenements  and  farms  has  been  a  laborious  work.  But  the  examination  and 
adjustment  of  claims  for  this  property,  and  the  restoration  of  it  in  accordance  with  the  Pres 
ident's  amnesty  proclamations,  has  been  more  frying  and  perplexing.  Nearly  all,  however,  is 
now  out  of  our  hands,  and  unless  a  re-examination  of  these  claims  is  forced  upon  us  by  ap 
plication  for  rents,  on  the  ground  that  the  property  was  not  abandoned,  we  shall  be  able, 
hereafter,  to  devote  all  our  time  to  our  appropriate  work. 

The  following  summary  of  operations  presents  the  leading  facts  of  the  foregoing  report : 

Receipts  for  the  quarter $44,913  24 

Current  expenses $4,350  34 

For  soldiers'   families  from  bounty  fund 7,977  25 

Remitted  to  treasury 21,584  17 

33,911  76 

Balanced-edited  October  1,  1865...  11,001  48 


Farms,  128;  acres  on  farms  cultivated,  8,540  ;  acres  of  pine  lands  worked,  about  50,000  ; 
freedmen  employed  on  farms,  6,102;  contracts  witnessed,  257  ;  freedmen  employed  under 
them,  1,847;  marriages  registered,  512;  orphans  apprenticed,  42;  schools  established,  63; 
teachers  employed,  85;  scholars  attending,  5.624;  cases  of  crime  reported  tor  tria1,  12  ;  cases 
of  difficulty  settled,  reported  in  full,  257 ;  cases  not  reported  in  writing,  several  thousand ; 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  191 

rations  issued,  508,924 — value  of  $106,365  11;  hospitals,  14;  sick  in  hospitals,  &c.,  at 
tended  by  direction  of  the  bureau,  54,441  ;  deaths,  whole  number  of  freedmen  reported  iu 
hospitals,  camps,  and  towns  adjoining,  2,680. 

Reports  of  sick  and  deaths  embrace  all  cases  in  the  vicinity  of  stations,  and  with  which 
the  bureau  has  in  any  way  been  connected. 

Estimated  crops:  cotton,  858,700,  pounds ;  corn,  32,715  bushels;  sweet  potatoes,  1,000 
bushels,  turpentine,  5,700  barrels  ;  tar,  5,808  ban-els. 

The  number  of  men  engaged  in  fishing  cannot  be  ascertained. 

Many  of  the  officers  iu  command  of  troops  in  this  department  have  given  mo  their  hearty 
support,  and  my  own  subordinates  have  been  faithful  and  zealous  in  the  discharge  of  their 
duties.  I  am  specially  indebted  to  Lieutenant  F.  H.  Beecher,  acting  assistant  adjutant 
general,  for  his  industry  ;  to  Captain  Thomas  P.  Johnson,  assistant  quartermaster,  Captain 
George  C.  Almey,  commissary  of  subsistence,  and  Surgeon  M.  K.  Hogan,  for  their  efficient 
management  of  their  respective  departments. 
Very  respectfully, 

E.  WHITTLESEY, 
Colonel  and  Assistant  Commissioner. 
Major  General  O.  O.  HOWARD, 

Commissioner  of  Bureau  of  Refugees,  8fc. 

BUREAU  OF  REFUGEES,  FREEDMEN,  AND  ABANDONED  LANDS, 
HEADQUARTERS  ASSISTANT  COMMISSIONER,  STATE  OF  NORTH  CAROLINA, 

Raleigh,  N.  C.,  January  15,  1866. 

GENERAL  :  I  have  the  honor  to  transmit  herewith  my  report  of  the  various  operations  of 
this  bureau  for  the  quarter  ending  December  31,  1865.  The  figures  and  facts  speak  so  plainly 
for  themselves  that  I  need  add  but  very  few  remarks.  Defective  as  our  organization  is 
in  some  respects,  affected  by  its  dependence  upon,  and  subjection  to,  other  branches  of  the 
War  Department,  yet,  having  got  established,  and  its  machinery  put  in  motion,  it  is  doing 
its  work  with  vigor  and  success.  Many  changes  among  my  subordinate  officers  have  been, 
caused  by  the  muster-out  of  the  regiments,  but  the  losses  sustained  have  been  partially  com 
pensated  by  details  from  the  Veteran  Reserve  Corps.  My  efforts  to  secure  the  services  of 
citizens  as  agents  of  the  bureau  have  not  met  with  success.  Immediately  after  your  visit 
here  in  October  I  addressed  a  note  to  each  member  of  the  constitutional  convention,  request 
ing  him  to  give  me  the  name  of  some  suitable  persons  in  his  own  county  to  be  appointed  to 
this  office;  but  though  so  many  promised  to  you  their  hearty  co-operation  in  organizing 
this  agency,  not  one  replied  to  my  request.  I  have,  however,  by  other  means,  found  a  few 
who  were  willing  to  accept  the  position,  and  some  of  them  have  done  good  service.  Others 
have  proved  unfit  for  the  duties  required,  not  being  able  to  comprehend  that  the  negro  can 
be  a  free  man,  or  can  have  any  rights  which  a  white  man  is  bound  to  respect.  My  experience 
so  far  is  against  the  appointment  of  any  other  than  military  officers.  Even  these,  after  being 
mustered  out,  are  not  as  efficient  as  when  in  the  military  service.  They  fail  to  command 
respect.  They  do  not  inspire  the  freedmen  with  confidence. 

As  the  year  has  drawn  to  a  close,  all  the  officers  of  the  bureau  have  been  busy  settling  up 
claims  for  labor  during  the  past  season.  The  old  story  has  been  repeated  thousands  of  times — 
no  definite  bargain  made— no  wages  promised  ;  but  "massa  said,  stay  till  the  crop  is  made 
and  he  would  do  what  was  right."  On  that  point,  "  what  is  right,"  arises  the  dispute.  But 
when  the  parties  can  be  brought  together  and  all  the  facts  heard,  it  is,  in  most  cases,  easy  to 
make  a  satisfactory  decision.  Captain  Evans  reported  that  as  many  as  one  hundred  and  fifty 
claims  and  difficulties  of  this  kind  were  brought  before  him  in  Warren  county  at  the  close  of 
the  year.  So  long  as  these  claims  and  questions  of  wages  were  unsettled,  it  was  natural 
that  the  freedmeu  should  refuse  to  enter  into  any  new  contracts  for  another  year.  They  A-anted  a 
little  experience  to  give  them  faith.  And  it  gives  me  great  pleasure  to  state  tha«  in  a  large 
majority  of  cases  a  fair  settlement  has  been  effected.  I  have  put  the  question  to  officers  in 
all  parts  of  the  State,  "How  large  a  proportion  of  the  white  people  are  willing  to  treat  the 
negroes  with  fairness?"  The  answer  is,  "From  three-fourths  to  four-fifths."  The  other 
fourth  or  fifth  would  oppress  them  or  defraud  them,  if  permitted.  Perhaps  a  larger  propor 
tion  might  show  a  disposition  to  do  this  were  it  not  for  the  restraining  presence  of  a  military 
force.  One  sitting  a  few  days  in  one  of  our  offices  and  listening  to  complaints  from  morning 
till  night  might  suppose  that  the  whole  laboring  population  was  unsettled;  but  such  is  not 
the  case.  The  great  mass  have  made  their  bargains  for  the  coming  year,  and  trains  are  seen 
moving  from  the  towns  to  the  farming  districts.  So  generally  have  the  freedmen  sought  em 
ployment  and  obtained  it,  that  the  demands  for  laborers  cnunot  be  easily  supplied.  If  in 
some  instances  they  leave  their  employers,  it  is  no  more  than  we  should  expert,  and  often  it 
will  not  be  difficult  to  discover  a  good  reason.  By  an  arrangement  with  L.  P.  Olds  &  Co., 
land  agents,  I  have  an  intelligence  office  in  nearly  every  county. 

The  expectation  that  lands  would  be  granted  by  government,  a  hope  first  kindled  by  rebel 
politicians  in  their  efforts  "to  fire  the  southern  heart,"  and  afterward  increased  by  the  con 
fiscation  act,  has  now  passed  away.  All  officers  of  this  bureau  discountenanced  such  hopes 
by  public  addresses  and  circulars  widely  scattered ;  but  so  fixed  had  they  become  before  the 
war  closed  that  it  was  not  easy  to  eradicate  them.  When,  however,  Christmas  actually 


192  RECONSTRUCTION. 

passed,  and  the  year  ended  without  any  gifts  of  the  kind,  it  was  admitted  that  we  had  told 
them  the  truth,  and  that  they  had  been  deceived  by  the  talk  of  their  former  masters.  So, 
also,  on  the  other  hand,  have  the  idle  and  conscience-begotten  fears  of  insurrection  passed 
away.  The  holidays  have  gone  by,  and  no  outbreaks  have  occurred.  All  admit  that  a  more 
quiet  and  orderly  Christmas  has  never  been  enjoyed  in  this  region.  The  history  of  the  world 
may  be  challenged  for  another  instance  of  such  good  conduct  in  similar  circumstances  as  tin- 
freedmen  have  thus  far  maintained. 

During  the  quarter  thirty-seven  cases  of  violent  assault  upon  freedmen,  or  other  criminal 
acts,  have  been  reported  to  the  military  authorities  for  trial  or  such  action  as  might  be  deemed 
proper. 

Of  these  thirty-seven  cases  the  only  ones  brought  to  trial,  so  far  as  this  bureau  has  inform 
ation,  are  those  of  "  Issac  and  Wiley,  freedmen  of  the  town  of  Salisbury,  Rowan  county," 
on  the  charge  of  "larceny,"  of  which  they  were  found  "not  guilty,"  and  discharged.  Sev 
eral  cases  reported  during  the  previous  quarter  have  been  tried,  and  among  them  are — 

1.  Emanuel  Baxter,  (colored,)  "assault  with  intent  to  commit  rape;"  not  guilty. 

2.  John  W.  Gorman,  (white,)  "assault  and  battery;"  guilty;  fined  fifty  dollars,  and  im 
prisoned  thirty  days;  fine  remitted  by  reviewing  officer. 

3.  Stephen  C.  Lee,  (white,)  "  murder;"  found  guilty  and  sentenced  to  be  hung;  sentence 
remitted  by  reviewing  officer  on  the  ground  that  malice  was  not  proved. 

4.  Joseph  Corpening,  (white,)  "assault  with  intent  to  kill ;"  found  guilty  of  " shooting 
with  intent  to  maim  ;"  sentence,  five  hundred  dollars  fine,  and  ninety  days'   imprisonment. 

5.  George  A.  Pitts,  J.  A.  Propst,  William  Ristler,  Alfred  Sitaker,  Thomas  Williford,  Gib 
son  Kline  and  Dwight  Russel,  (white,)  "riot  and  assault  and  battery;"  Pitts,  Propst,  Rist 
ler,  Sitaker  and  Williford  found  guilty,  fined  and  imprisoned ;  Kline  and  Russel  acquitted. 

6.  Shock,  (colored,)  "rape  on  colored  girl ;  finding,  guilty:  sentenced  to  be  hung;  sen 
tence  mitigated  to  one  year's  hard  labor. 

7.  Monroe  Davis,  (white,)  "riot  and  assault  and  battery;"  guilty,  and  imprisoned  four 
months. 

8.  Privates  Bloom,  Shannon  and  Lewis,  ]29th  Indiana  volunteers,  "assault  upon  freed 
men,  *fec.;"  guilty,  and  sentenced  to  a  loss  of  six  months'  pay. 

9.  Henry  Brown,  (colored,)  "theft ;"  guilty  and  imprisoned  two  months. 

10.  Guion  Earp,  (white,)  "  maltreatment  of  freedmen  and  assault  ,and  battery;"  guilty; 
sentenced  to  hard  labor  on  public  works  two  years. 

Some  of  the  cases  reported  during  the  last  quarter  are  as  follows : 

1.  Willis  P.  Moore,  charged  with  the  murder  of  a  colored  man. 

2.  Reddick  Kearney  and  others,  Pitt  county,  riot  and  murder  of  two  freedmen. 

3.  Magistrates  of  Brunswick  county  sentenced  two  colored  men  to  be  sold  into  servitude 
for  five  years.      This  case  was  acted  upon  promptly,  by  General  Crook,  and  the  freedmeu 
released. 

Contrary  to  my  fears,  as  expressed  in  a  former  report,  there  is  no  increase  of  dependents 
as  winter  advances.  The  rations  issued  have  steadily  diminished. 

The  demands  for  clothing  have  been  great ;  but  the  supplies  now  on  hand  from  the  quar 
termaster's  department  are  ample  for  men  and  boys.  It  is  more  difficult  to  furnish  what 
is  needed  by  women  and  children.  There  are  many  cases  of  great  destitution  among  whites, 
which  I  should  be  glad  to  relieve  ;  but  as  they  are  not  "loyal  refugees,"  they  do  not  come 
within  my  jurisdiction. 

While  there  has  been  a  decrease  of  dependents,  there  has  been  a  gratifying  increase  of 
schools  and  of  pupils  attending  them,  as  will  be  seen  in  the  admirably  prepared  report  of 
Mr.  F.  A.  Fiske,  superintendent  of  schools,  showing  that,  though  the  novelty  of  the  privilege 
of  learning  is  now  gone,  the  interest  of  the  people  in  the  education  of  their  children  has  not 
abated.  In  some  instances  planters  have  established  schools  for  their  employes,  as  a  means 
of  promoting  good  order  and  contentment.  It  is  also  very  gratifying  to  see  a  few  churches 
organizing  Sabbath  schools  for  colored  children.  The  Baptist  church  in  this  city,  setting  a 
noble  example,  has  already  a  large  freedmeu's  Sabbath  school  in  successful  operittion. 

By  means  of  the  apprenticeship  system,  comfortable  homes  have  been  provided  for  a  large 
number  of  orphans  and  other  destitute  children.  The  system  is  popular,  but  I  am  very  sus 
picious  of  it.  The  practice  of  binding  out  children  is  dangerous,  inasmuch  as  it  fosters  the 
old  ideas  of  compulsory  labor  and  dependence.  Still,  with  proper  safeguards  it  may  be  useful 
as  a  temporary  expedient. 

Under  the  direction  of  Surgeon  Hogan,  the  hospital  department  is  now  well  organized, 
His  report  exhibits  fully  the  sanitary  condition  ot  freedmeu,  and  the  means  used  for  the  relief 
of  the  sick. 

In  the  land  reports  forwarded  herewith  will  be  found  a  complete  list  of  all  farms  and  town 
lots  restored  with  their  estimated  value,  and  another  list  of  those  remaining  in  the  possession 
of  the  bureau.  The  lauds  remaining  are  of  but  little  value,  and  will  afford  but  small  revenue, 
But  the  balance  in  the  treasury  will  pay  current  expenses,  until  it  shall  be  determined  by 
Congress  whether  the  bureau  is  to  be  continued  or  not;  and  if  so,  by  what  means  it  shall  live. 

For  convenience  of  reference  I  present  the  principal  facts  gathered  from  the  reports  of 
staff  officers  and  superintendents  of  districts  in  the  following  tabular  form  : 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  193 


STATISTICS. 


Quarter  ending    Previous  quarter 
December  31,      ending  Sept.  30, 
1865.                       1865. 
327                    257 

Freednien  employed  by  contract 

3  488               1,847 

86                     63 

119                     85 

8,506               5,624 

Cases  of  difficulty  reported  in  full 

325                   257 

Cases  of  crime  reported,  for  trial     ....          .  .  .  . 

37                      12 

Cases  not  reported  in  writing 

3  043    Several  thousand 

333,834            508,9:24 

Value  of  rations  issued                         ...... 

$73  443  48    $106,865  11 

12                      14 

Sick  in  hospital           .          ......    .   .......... 

3,132                5,441 

Orphans  appprenticed 

393                     42 

555                2.  642 

LAND  REPORT. 
Restored  during  the  six  months  ending  December  31,  1865. 

No.          Aggregate  No.    Estimated 
of  acrea.  value. 

Farms  or  plantations 149  70,000        $693,920 

Town  lots 442  1,900,288 

Remaining  on  hand  January  1,  1866. 

No.  Aggregate  No.    Estimated 

of  acres.  value. 

Farms  or  plantations 87  13,650        $108,200 

Town  lots 33  100,000 

FINANCIAL  REPORT — QUARTER  ENDING  DECEMBER  31,  1865. 

Receipts 

Balance  as  per  last  quarterly  report $11,  001  48 

For  rents,  &c.,  in  October,  1865 1,241  38 

For  rents,  &c.,  in  November,  1865 2,074  85 

For  rents,  <fec.,  in  December,  1865 863  88 

$15,181  59 

Expenditures. 

Current  expenses  in  October,  18&5 $1,767  99 

Current  expenses  in  November,  1865 2, 1 31  38 

Current  expenses  in  December,  1865 3,484  06 

7,  383  43 

Balance  on  hand  January  1,  1866 7,798  16 

Very  respectfully, 

E.  WHITTLESEY, 
Colonel  and  Assistant  Commissioner. 
Major  General  O.  O.  HOWARD, 

Commissioner. 

Subsequently  the  witness  handed  in  the  following,  which  was  also  ordered  to  be  annexed 
to  his  testimony : 

WASHINGTON,  February  3,  1866. 

SIR  :  Since  giving  my  testimony  before  the  Reconstruction  Committee  I  have  read  the 
New  York  Tribune  of  this  date,  and  have  taken  from  its  correspondence  the  enclosed  items. 
I  do  not  know  the  writers  of  all  the  articles,  but  the  views  presented  are  in  the  main  just. 
I  take  the  liberty  of  sending  them  to  you,  and  request  that  they  accompany  my  testimony. 
Very  respectfully, 

E.  WHITTLESEY, 

Colonel  and  Ass't  Corner  for  North  Carolina. 
Hon.  Mr.  HOWARD,  United  States  Senate. 

13  V  NC  SO 


194  RECONSTRUCTION. 

[From  the  New  York  Tribune,  February  3,  1866.] 
NORTH  CAROLINA. 

The  southern  train,  by  way  of  Weldon,  leaves  Petersburg  early  in  the  morning.  Leaving 
Petersburg  we  go  directly  south.  The  country  for  the  first  twenty  miles  is  rolling,  making 
splendid  farm  land  ;  but  the  evidences  of  destruction  are  too  plainly  seen.  No  fences, 
buildings  partly  torn  down,  others  with  nothing  standing  but  the  chimneys,  battered-up 
locomotives,  starved-looking  cattle,  and  the  remnants  of  former  camps,  are  ever  present  to 
the  eye  of  the  traveller.  There  are  no  signs  of  anything  being  done  to  recruit  the  country. 

GASTON. 

"We  arrived  at  Gaston,  North  Carolina,  about  1  p.  m.  Here  we  had  to  get  out  of  the  cars 
and  cross  the  Roanoke  river  in  batteaux  worked  by  negroes.  The  river  is  about  the  width  of 
the  Harlem,  and  we  were  not  long  crossing.  On  the  south  side  of  the  river  we  took  the 
R  ileigh  and  Gaston  train  for  Weldon,  arriving  at  the  latter  place  about  half-past  2  o'clock. 
Uere  we  changed  cars  again,  but  had  to  wait  two  hours  before  the  train  started.  This  gave 
me  time  to  get  dinner  and  to  look  around.  I  find  the  further  south  I  get  the  worse  are  the 
hotels.  In  Richmond  and  Petersburg  the  oysters  are  as  plentiful  at  breakfast,  dinner,  and 
supper  as  hash  in  an  East  Broadway  boarding-house.  ^A-ll  along  the  way  to  this  point  I 
learn  it  is  almost  impossible  to  obtain  any  kind  of  meat  excepting  bacon  and  chickens.  It 
is  singular,  too,  because  the  country  along  the  Neuse  and  Roauoke  rivers  abounds  in  game. 
The  rivers,  too,  have  oysters  and  fish.  I  cannot  see  any  reason  for  this  paucity  of  meats, 
excepting  that  the  negro  has  something  to  do  with  it;  he  seems  to  be  the  cause  of  every 
thing. 

ASPECTS   OF   THE   COUNTRY. 

Weldon  and. all  the  southern  towns,  as  far  as  I  have  gotten,  are  of  the  meanest  character. 
No  beauty  or  taste  is  shown  in  the  laying  out  of  the  streets  or  the  construction  of  the  build 
ings.  Instead  of  the  prettily-painted  cottages,  with  their  gardens  and  outbuildings,  which 
we  find  in  our  northern  towns,  we  see  frame  buildings  without  paint  or  ornament,  log-huts, 
and  a  general  look  of  decay.  It  is  plainly  seen  what  are  the  effects  of  slavery.  Weldon  is 
a  small  place,  with  a  house  called  a  hotel,  a  rum  shop,  and  a  grocery  store.  At  4  o'clock  we 
took  the  Wilmington  train,  and  arrived  in  Goldsborough  about  10  o'clock  p.  m. 

GOLDSBOROUGH. 

Goldsborough  is  one  of  the  most  important  towns  in  the  State.  It  is  situated  on  the  Neuse 
river,  and  is  the  junction  of  four  of  the  principal  railroads  in  the  south.  The  town  has  a  few 
pleasant  dwellings,  but  has  the  same  southern  look  of  the  rest.  It  has  about  four  thousand 
inhabitants,  a  daily  newspaper,  and  a  female  seminary.  It  is  the  headquarters  of  a  sub- 
district  of  the  Freedmen's  Bureau  in  North  Carolina. 

Having  a  letter  of  introduction,  I  called  on  Captain  George  O.  Glavis,  who  is  in  charge 
of  the  bureau  at  this  point.  The  captain  is  from  New  York,  and  when  I  met  him  I  felt  like 
being  at  home.  He  has  the  reputation  of  being  a  superb  officer.  Since  I  have  been  here  I 
have  had  a  chance  of  seeing  some  of  the  workings  of  the  great  Freedmen's  Bureau. 

THE  FREEDMEN'S   BUREAU. 

Captain  Glavis's  district  includes  the  counties  of  Johnston,  Wilson,  Wayne,  Greene, 
Sampson,  and  Lenoir.  He  has  his  headquarters  at  Goldsboro',  and  visits  each  county  at 
least  once  a  week.  There  is  no  civil  law,  and  he  has  to  act  as  judge,  jury,  magistrate, 
sheriff,  and  everything  else,  in  these  six  counties.  There  is  a  certain  day,  called  "court 
day,"  fixed  for  each  county.  Yesterday  was  court  day  in  Wilson  county,  and  at  the  cap 
tain's  invitation  I  accompanied  him.  After  breakfast  the  captain  with  the  assistance  of  two 
clerks,  began  his  court.  There  were  about  five  hundred  people,  of  all  colors  and  classes, 
waiting  for  a  hearing.  They  come  in,  state  their  cases,  and  are  disposed  of  in  quick  order ; 
,  it  taking  all  day,  however,  to  get  through.  It  is  hardly  possible  to  give  you  a  full  idea  of 
<  the  nature  of  the  business  these  people  transacted.  /The  negroes  generally  come  to  get  hired 
out,  or  bound  out  if  under  age,  to  make  complaint  against  former  masters  for  wages  retained, 
for  rations,  and  the  settlement  of  all  disputes.  Rations  are  rarely  given  except  in  very 
urgent  cases;  and  no  negro  can  make  any  complaint  to  the  bureau  unless  he  or  she  has 
made  some  contract  for  support  for  the  ensuing  year.  This  is  a  good  rule,  and  compels  the 
unwilling  and  lazy  to  go  to  work.  Thus,  you  see,  all  the  stuff  about  the  Freedmeu's 
Bureau  being  a  refuge  for  indolent  negroes  is  so  much  falsehood.  All  contracts  for  labor  are 
made  through  the  bureau,  or  else  they  are  not  valid  in  case  of  a  disagreement  between  the 
parties.  Consequently  there  are  always  a  large  number  of  planters  constantly  be.sieging 
the  bureau  for  laborers.  Yesterday  Captain  Glavis  signed  no  less  than  forty  contracts 
between  planters  and  negroes.  The  contracts  are  printed  in  blank,  and  set  forth  the  duties 
and  requirements  of  each  party.  The  most  important  one  is  that  the  employer  shall  do  all  in 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  195 

bis  power  to  promote  the  establishment  of  schools  for  the  employe's  children.  Quite  a  number 
of  children  were  bound  out  also.  When  a  man  wants  a  child  bound  to  him  he  is  rigidly 
examined  by  the  captain,  and  must  show  that  he  is  a  citizen  of  good  character,  and  must 
promise  to  treat  the  child  while  with  him  as  it  should  be,  and  when  it  becomes  free  must 
give  it  clothing,  a  Bible,  and  a  sum  of  money.  Most  of  the  complaints  yesterday  were  made 
by  negroes  against  their  former  masters  for  wages.  If  they  have  made  a  contract  the  captain 
hears  the  case  and  gives  the  complainant  an  "order  to  the  person  complained  of,  requiring 
said  person  to  settle  with  said  complainant,  or  appear  on  next  court-day  to  show  reason  for 
refusal.  In  case  of  a  non-settlement  both  parties  appear,  their  evidence  is  taken,  and  the 
captain  decides  to  the  best  of  his  ability.  Some  cases  are  so  complicated,  and  the  parties 
concerned  so  unprincipled,  that  it  requires  the  wits  of  a  Philadelphia  lawyer  to  arrange 
them.  A  couple  of  negroes  brought  complaint  against  an  old  planter,  a  former  master,  ItJF] 
wages.  Planter  was  ordered  for  trial,  the  case  was  heard,  and  it  was  clearly  proven  that  the 
negroes  were  entitled  to  their  wages.  The  planter,  when  he  found  that  he  had  lost  the  case 
and  would  have  to  pay,  presented  to  the  captain  a  long  list  of  charges  for  various  things 
obtained  from  him  by  the  negroes.  The  list  was  read  over  to  the  negroes,  and  the  latter 
objected  to  portions  ot  it.  For  instance,  they  were  charged  for  two  pairs  of  pantaloons  when 
they  received  only  one  pair ;  for  four  pairs  of  shoes  instead  of  two ;  for  twenty  pounds  of 
bacon  instead  of  ten,  and  a  large  doctor's  bill.  The  unreconstructed  and  high-toned  planter 
was  sure  this  bill  of  charges  would  balance  accounts  with  the  "infernal  niggers  ;  but  the 
captain  asked  him  to  take  off  his  hat,  hold  up  his  right  hand,  and  swear  before  Almighty 
God  that  every  item  charged  was  correct.  Planter  hesitated — he  was  old  and  tottering — and 
commenced  to  deign  to  ask  his  "niggers"  if  "they  were  sure  it  was  only  one  pair  instead  of 
two  pairs  they  received,"  and  so  on.  He  wouldn't  swear  to  the  list  of  charges,  and  the  case 
was  dismissed,  the  planter  being  ordered  to  pay  the  negroes  their  wages,  and  also  to  pay  a 
fine  for  an  attempt  to  swindle.  This  is  a  type  of  the  thousands  of  cases  that  come  before  the 
bureau.  It  will  give  you  an  idea  of  the  immense  amount  of  work  that  is  to  be  performed 
by  the  persons  in  charge  of  the  bureaus. 

•v***-**. 

FREEDMEN'S  SCHOOLS. 

Captain  Glavis  has  a  fine  school  for  freedmen  in  Goldsborough.  It  has  some  three  hundred 
day  scholars  of  all  ages  and  of  both  sexes,  employing  three  white  teachers  and  several  colored 
assistants.  There  is  also  a  night-school  for  grown  colored  people  who  are  compelled  to  work 
during  the  day.  It  is  held  three  evenings  each  week,  and  is  always  crowded.  It  is  aston 
ishing  how  eager  these  negroes  are  to  learn  to  read  and  write.  Several  times  during  my 
travels  I  have  noticed  the  servants  at  the  hotels  standing  around  the  lobbies  with  spelling 
book  in  hand  and  muttering  to  themselves.  What  a  blessing  it  is  that  the  poor  creatures 
have,  at  last,  a  chance  to  become  enlightened.  The  building  in  which  the  freedmen's  school 
is  held  is  open  every  evening,  excepting  school  nights,  for  prayer  meetings.  I  strolled 
down  to  one  of  these  meetings  the  other  evening  and  went  in.  The  room  was  well  crowded 
with  men  and  women.  A  negro  preacher  was  delivering  a  lecture.  For  a  long  time  I  sat 
and  listened  to  his  homely  language.  Although  it  was  rather  amusing  to  hear  his  quaint 
and  scarcely  proper  application  of  words,  yet  I  felt  sad  and  ashamed  that  my  race  should  be 
guilty  of  so  infamous  a  crime  as  keeping  a  people  of  such  qualifications  in  ignorance  and 
degradation.  I  felt  like  skulking  out  of  the  place  as  one  ashamed  of  my  color.  From  what 
I  have  seen  of  the  colored  man  here  in  the  south — and  I  have  made  it  a  point  to  study  him — I 
feel  confident  that  if  our  Congress  in  giving  the  freedman  all  the  rights  and  immunities  of  a 
citizen,  they  will  place  him  in  a  position  that  every  man  is  entitled  to  be,  and  which  he  will 
fill  with  credit.  Then  he  will  have  a  country  and  a  right  to  its  benefits,  and  it  will  stimulate 
him  to  the  elevation  of  his  race  from  their  present  state  of  degradation. 

THE   FARMING   LAND. 

As  I  get  further  south  the  country  looks  better.  The  land  all  the  way  from  Petersburg  to 
Goldsborough  is  said  to  be  the  best  kind  of  farming  land.  Cotton,  tobacco,  wheat,  and  corn 
can  be  raised  in  abundance.  This  point  is  about  the  commencement  of  the  cotton  district. 
From  here  to  Charleston,  and  along  the  coast,  is  the  turpentine,  pitch,  and  tar  country.  In 
every  train  I  met  numbers  of  speculators  coming  south  from  the  north.  Turpentine  specula 
tion,  people  here  say,  is  equal  to  cotton.  The  supply  will  be  small  this  season  on  account 
of  the  scarcity  of  labor  and  capital. 

NORTHERN   CAPITAL  WANTED. 

I  find  that  the  large  landholders  and  planters  fill  through  this  section  of  the  country  are 
anxious  to  have  northern  men  come  and  invest  their  capital  in  raising  cotton.  Most  of  them, 
to  use  a  commonplace  phrase,  are  "dead  broke,"  and  sire  compelled  either  to  sell,  rent,  or 
lease  their  lands,  or  go  into  partnership  with  a  capitalist  in  raising  a  crop  of  cotton.  Specu 
lators  are  mostly  leasing  the  plantations;  few  want  to  buy.  Quite  a  number  go  into 
partnership  in  this  style :  Capitalist  to  furnish  all  the  labor,  meaning  the  negroes  and  their 
feed,  and  all  the  mules  and  teams;  planter  to  furnish  the  land,  the  feed  for  mules,  and  the 
ploughs  and  farming  utensils,  and  then  each  receive  half  the  crop.  This  is  considered  a  very 
fair  bargain. 


196  RECONSTRUCTION. 


LABOR. 

About  the  question  of  labor  there  is  a  great  deal  of  doubt.  A  large  number  of  negroes  went 
into  the  army,  and  when  discharged,  either  remained  north  or  went  west.  This  makes  negro 
labor  scarce.  The  poor  whites  will  not  work  in  the  cotton-field.  Quite  a  number  of  the 
negroes  have  an  enmity  against  their  former  masters  and  will  work  for  none  but  northern 
men.  The  Freedmen's  Bureau  is  doing  all  it  can  to  correct  this  labor  question.  The  negro 
feels  safe  when  he  makes  a  contract  through  this  agency.  Some  of  the  bitter  planters  refuse 
to  have  aught  to  do  with  the  bureau,  and  are  trying  the  introduction  of  German  emigrants 
south  from  New  York.  Two  planters  brought  one  hundred  of  these  Germans  on  to  Weldou 
on  the  same  train  with  me.  They  told  me  they  numbered  one  hundred  and  fifty  when  they 
left  New  York,  but  lost  fifty  while  stopping  at  the  various  cities  coming  south.  The  planters 
contracted  to  give  the  Germans  $140  per  year,  with  quarters  and  rations.  Those  who  were 
married,  and  brought  their  wives,  were  to  get  $120  per  year,  a  house,  two  pigs  to  raise,  and 
rations  for  all.  The  price  paid  to  negroes  varies — $J20  per  year,  with  rations  and  quarters; 
one-half  of  the  monthly  salary  paid  at  the  end  of  each  mouth,  and  the  balance  at  the  end  of 
the  year,  being  the  average  rate  of  wages.  Female  field  hands  are  worth  from  $00  to  §H) 
per  year,  with  quarters  and  rations.  House  hands  do  not  get  so  much.  Some  of  the  old 
aristocratic  planters  are  acting  splendidly  toward  their  former  slaves.  I  know  of  a  case 
where  a  rich  planter,  living  within  five  miles  of  the  town  of  Wilson,  in  this  State,  has  divided 
up  a  portion  of  his  immense  estate  of  5,000  acres,  and  bestowed  a  certain  number  of  acres  to 
each  of  his  former  slaves  Avho  are  now  working  for  him.  They  are  paid  their  regular  wages 
besides,  for  working  the  planter's  farm,  and  are  allowed  so  much  time  per  week  to  cultivate 
their  land. 

OPPORTUNITIES  FOR  LABOR. 

There  are  splendid  chances  here  in  these  sunny  regions  for  the  people  of  the  north.  There 
is  but  one  drawback,  and  that  is  the  state  of  feeling  existing  among  the  inhabitants  and  north 
ern  immigrants.  There  is  a  large  class  in  the  south  which  entertains  the  bitterest  kind  of 
feeling  against  a  northerner.  This  has  been  evident  to  rue  since  I  left  Petersburg.  As  long 
as  the  military  were  here  a  northerner  felt  safe,  but  since  the  removal  of  most  of  the  soldiers 
(there  being  only  squads  here  and  there  in  large  towns)  the  complaints  to  the  Freedmen's 
Bureau  of  depredations  and  insults  to  northern  settlers  and  negroes  multiply.  Wise  Union 
people  are  bitter  in  their  denunciations  of  Gen.  Ruger,  the  commander  of  this  department. 
They  say  he  is  too  lenient  to  former  rebels,  and  fails  to  protect  the  Union  people  in  their  per 
sons  and  property.  They  call  him  a  second  Fullerton. 

ASSASSINATION  IN  GOLDSBOROUGH. 

Yesterday  the  citizens  in  the  neighborhood  of  Goldsborough  did  a  cold-blooded  and  fiendish 
deed.  It  seems  that  there  have  been  a  number  of  complaints  made  to  Captain  Glavis  by 
citizens  of  Wayne,  Green,  and  Sampson  counties  of  numerous  robberies  and  acts  of  violence 
by  a  band  of  late  rebel  soldiers,  who  are  inhabitants  of  Wayne  county.  They  are  said  to  be 
headed  by  one  Frank  Coley,  the  son  of  a  rich  planter  living  near  Goldsborough.  Coley  is  said 
to  have  shot  a  freedman  dead.  The  evidence  against.him  is  very  clear,  the  murdered  freed- 
man's  own  brother  swearing  to  Coley's  doing  the  deed.  Captain  Glavis  determined  to  cause 
the  arrest  of  said  Coley.  Accordingly  he  detailed  as  many  men  as  possible  to  do  the  work. 
There  are  only  eight  soldiers  on  duty  in  the  town.  These  are  intended  for  the  whole  num 
ber  of  counties.  Most  of  them  are  kept  on  duty  in  Goldsborough  in  guarding  quartermaster's 
stores.  Two  men  were  as  many  as  could  be  detailed.  There  lived  in  the  town  a  young  man 
named  Andrew  Wilson,  who  was  formerly  a  Union  scout.  He  was  well  acquainted  with  the 
country  and  the  parties  to  be  arrested.  His  services  were  accordingly  secured  to  assist  the 
soldiers.  They  received  their  ordeis  and  proceeded  on  their  journey.  Early  Wednesday 
morning,  Wilson  and  the  two  soldiers  traced  one  of  the  gang  to  a  house  in  the  suburbs  of 
Goidsborough,  surrounded  it,  and  demanded  an  entrance.  It  was  refused,  and  they  forced 
themselves  in.  They  asked  for  a  rebel  nan  ed  Peacock,  and  were  told  he  was  not  there. 
They  searched  the  house,  however,  and  soon  found  him.  He  was  brought  out  and  recognised 
by  Wilson.  They  told  him  he  was  arrested  by  authority  of  the  United  States.  He  consented 
to  go  along;  but,  alter  going  a  short  distance,  lie  tried  to  disarm  Wilson,  and,  fuiiingiu  that, 
he  ran  back  to  the  house.  He  was  ordered  to  halt  several  times,  and  failing  to  do  so,  was 
shot  at  and  wounded.  Wilson  and  the  two  soldiers  saw  it  was  impossible  for  them  to  make 
any  arrests,  so  they  returned.  At  one  point  near  the  town  the  soldiers  separated  from  Wilson. 
They  had  not  gone  lung  when  a  squad  of  mounted  men,  composed  of  Coley's  friends,  came 
dashing  down  the  road,  and  met  Whson  at  the  end  of  the  town.  One  of  the  squad  asked 
him  for  his  arms,  which  he  gave  up.  Some  one  of  the  twenty-five  unreconstructed  their  shot 
him.  The  first  ball  entered  his  chest,  and  he  ran  into  a  store  near  by.  He  was  pursued  and 
shot  several  times,  and  died  in  a  few  moments.  The  man  whose  store  he  ran  into  refused  to 
allow  him  to  remain,  but  threw  him  into  the  street  to  die.  After  the  murder  of  Wilson  the 
mounted  party  gave  a  yell  and  rode  off.  Threats  have  been  made  against  Captain  Glavis's 
life,  and  he  does  not  know  at  what  moment  he  may  be  shot  or  his  house  burned  over  his  head. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  197 

This  is  a  bad  state  of  affairs,  and  General  Ruger  is  surely  to  blame.  If  lie  has  troops 
enough  at  his  command  he  should  send  a  sufficient  number  to  protect  the  government's  ser 
vants  ;  if  not,  then  he  should  appeal  to  the  President  or  Secretary  of  War.  This  last  act  of  the 
North  Carolina  unreconstructed  should  go  to  the  Reconstruction  Committee  in  Congress. 

RANKIX. 

I  do  not  know  the  above  correspondent,  but,  in  the  main,  his  views  and  statements,  are  cor 
rect  His  condemnation  of  General  Ruger  is  hasty  and  too  sweeping.  A  force  has  been 
sent  to  Goldsborough  to  arrest  the  parties  named. 

E.  WHITTLESEY, 
Colonel  and  Assistant  Commissioner,  North  Carolina. 

[From  the  New  York  Tribune,  February  3,  I860.] 

NORTH  CAROLINA. 

Schools  of  the  Association  exist  at  Newbern,  Roanoke  Island,  Elizabeth  City,  Edenton, 
Plymouth,  Beaufort,  Raleigh,  Morehead  City,  Hull's  Landing,  Wilmington,  Oxford  and  else 
where. 

Mr.  Newcombe  writes  from  Elizabeth  City : 

"No  one  can  realize  the  earnest  manner  and  eager  desire  these  people  exhibit  for  knowl 
edge,  without  being  an  eye-witness  of  the  same.  With  the  children  came  many  of  the  par 
ents  to  hear  and  see.  Each  day  some  ten  or  a  dozen  would  be  present,  until  nearly  all  had 
visited  the  school  to  seethe  '  northern  teachers;'  to  watch  their  movements  and  take  notice 
of  the  exercises.  I  have  seen,  both  in  the  day  and  Sabbath  school,  many — especially  of  the 
aged — first  laugh,  then  weep  for  joy.  Poor  creatures  !  what  a  world  has  been  closed  to  them, 
and  now,  how  .their  minds  hunger  and  thirst  to  enter  it !" 

At  Newton  the  white  citizens  favor  the  formation  of  freedmen's  schools,  and  the  school- 
house,  which  hitherto  has  been  used  only  for  whites,  was  granted  for  colored  people  also. 

At  Cedar  Grove,  sixteen  miles  from  Elizabeth  City,  the  freedmen  were  anxious  to  have  a 
school.  An  agent  of  the  association  writes  : 

"  A  subscription  paper  was  started,  headed  by  one  of  the  poor  whites,  who  has  seriously  felt 
the  crushing  power  of  slavery.  He  subscribed  $  1 0  and  twenty  pounds  of  nails.  I  learn  from 
Mr.  John  Overton,  a  free-born  negro  who  took  charge  of  the  paper,  that  $150  and  seventy- 
five  pounds  of  nails  have  been  subscribed  to  build  a  school,  and  that  a  part  of  the  lumber  for 
the  building  is  already  upon  the  spot.  But  all  is  not  sunshine.  While  a  few  of  his  white 
neighbors  are  ready  and  willing  to  show  their  sympathy  in  a  practical  way,  others  are  vio 
lently  opposed,  threatening  his  life  and  the  destruction  of  the  building  if  erected.  To  give 
an  effect  to  his  threat  a  house  which  has  been  used  for  many  years  as  a  church  by  the  co 
lored  people,  though  built  and  owned  by  the  whites,  was  last  Tuesday  night  set  on  fire  and 
destroyed.  Why  ?  Because,  at  a  meeting  held  the  evening  previous,  a  letter  couched  in 
words  of  encouragement,  setting  forth  their  right  to  build  school-houses,  was  read. 

"At  Edenton  the  colored  people  aid  the  teachers  in  the  payment  of  their  house  rent,  &c. 
Some  of  the  whites  say  that  they  are  willing  that  the  negroes  shoiild  be  taught  to  read,  but, 
at  the  same  time,  they  charge  them  $J2  50  for  the  church  building  which  they  formerly  granted 
free." 

Two  letters  from  Elizabeth  City  show  that  a  reactionary  disunion  spirit  has  lately  manifested 
itself  in  eastern  North  Carolina,  We  quote : 

"  ELIZABETH  CITY,  January  13. 

"  FRAXCIS  GEORGE  SHAW,  Esq. : — *  *  *  You  may  have  noticed  in  the  New  York  papers  the 
address  of  Governor  Worth  to  the  people  of  this  State,  which  was  issued  December  30.  It 
has,  by  his  peculiar  construction  of  the  powers  vested  in  him,  appointed  under  the  authority 
of  the  provisional  government,  produced  a,  marked  change  in  the  manner  and  action  of  its 
1  peace-loving  citizens  '  The  governor  says  :  l  Under  existing  laws  it  is  believed  that  the 
powers  of  all  officers  appointed  under  the  authority  of  the  provisional  government  ceased 
with  the  discontinuance  of  that  government.'  The  municipal  officers  of  this  town  have  ac 
cepted  his  construction,  and  we  are  now  without  any  civil  government.  Has  the  provisional 
government  ceased  to  exist  ?  *  *  *  I  do  not  propose  to  discuss  these  questions  ;  1  only 
raise  them  to  make  more  forcible  what  every  observer  must  notice  since  the  publication  of 
this  address. 

"The  swaggering  air,  the  insolent  look,  the  defiant  manner  and  the  reckless  conduct  are 
more  apparent  on  all  sides.  All  are  but  the  earnest  of  what  may  be  expected  if  the  rebellious 
States  are  to  be  readmitted  without  first  having  the  rights  and  privileges  of  its  newborn  free 
men  properly  cared  for  and  secured. 

"Acts  of  violence  have  occurred  here,  shameful  in  the  extreme,  because  wantonly  com 
mitted  without  provocation  or  cause.  The  perpetrators  of  these  vile  acts  have  been  disap 
pointed  in  the  quiet  and  peaceful  deportment  of  the  colored  people  during  the  holidays,  and 
it  would  seem  are  determined  to  have  trouble. 

"The  first  violent  act  occurred  last  Saturday  one  week  ago.  A  colored  man  was  quietly 
standing  upon  the  sidewalk,  when,  without  any  warning,  he  was  assaulted  by  a  white  man, 
who  shamefully  bruised  his  face  and  head,  and  otherwise  injured  him. 


198  RECONSTRUCTION. 

"  The  Sunday  night  following  six  men,  with  faces  painted  black  awl  coats  turned  -wrong 
side  out,  entered  several  negro  dwellings  by  smashing  in  the  doors,  frightening  the  women 
and  injuring  the  men.  In  one  instance  a  woman,  who  started  to  alarm  her  neighbors,  was 
shot  at ;  the  ball  passing  through  her  clothes,  grazed  her  sides.  Her  son  was  beaten  and 
bruised  because  he  had  been  known  to  have  a  pistol. 

"Another  case  is  that  of  Charles  Everett,  late  2d  sergeant  in  the  United  States  colored 
troops.  Mr.  Everett,  since  his  discharge,  has  lived  in  this  town,  a  quiet,  peaceful  citizen, 
has  taken  to  himself  a  wife,  and  attended  to  his  own  business.  He  has  had  no  quarrel  nor 
unpleasant  controversy  with  any  one,  white  or  black.  Hence  his  colored  neighbors  were 
surprised  at  the  attack  upon  him,  and  feel  that  no  one  can  have  any  assurance  of  safety  if 
such  an  outrage  is  allowed  to  be  passed  over  unnoticed.  His  dwelling  was  forced  open.  He 
was  ordered  to  get  up.  He  came  out  of  his  bedroom,  when  one  inquired.  '  Is  this  Sergeant 
Everett?'  He  replied,  'Yes.'  Then  the  same  man,  or  one  of  the  others — he  is  not  certain 
which — lighted  a  match,  that  he  could  make  more  sure  of  his  aim,  and  felled  him  to  the  floor 
by  striking  him  over  the  head  with  the  but  of  his  gun.  He  knew  nothing  more,  and  lay  for 
some  time  insensible  and  nearly  dead.  It  was  a  severe  wound,  though  the  skull  was  not  frac 
tured,  as  first  thought.  He  is  still  confined  to  his  house  from  the  effect  of  it.  Mr.  Everett 
recognized,  disguised  as  they  were,  two  or  three  of  his  assailants,  and  reported  their  names 
to  the  proper  officers  in  charge  here.  Yet  no  action,  as  we  can  learn,  has  been  taken  to 
bring  them  to  justice.  Neither  Mr.  Everett  nor  his  neighbors  can  divine  any  cause  for  this 
unprovoked  and  uncalled  for  attack,  only  that  he  has  been  a  faithful  soldier  in  the  Union 
army,  and  since  his  return  home  has  been  called  by  his  friends  and  neighbors  by  the  title  he 
bravely  won  while  in  the  service.  *  *  * 

"Do  these  acts  indicate  that  magnanimity  of  which  Colonel  Worth  so  boastingly  speaks  ? 
'Being  vanquished,'  says  he  in  his  address,  'we  submit  as  becomes  a  brave  people.  The 
President,  as  commander-in-chief  of  the  military  powers  of  the  nation,  magnanimously  trusts 
us.  I  do  not  believe  there  is  a  citizen  of  the  State  who  is  unworthy  of  this  confidence.'  " 

Sagacious  governor !  It  requires  no  great  keenness  of  sight  to  behold,  here  in  eastern 
North  Carolina  at  least,  that  the  spirit  of  secession  is  as  rampant  as  ever  in  the  hearts  of  a 


and  improve  them." 

From  his  next  letter  of  the  20th,  we  quote  these  additional  facts : 

*  *  "Last  Sunday  night  the  rowdies  actually  shot  a  colored  man  about  a 
mile  out  from  town.  After  disturbing  the  people  on  their  return  from  church,  they  proceeded 
to  the  Camden  ferry  and  called  for  the  boat.  The  man  came,  and  Avhile  crossing  the  narrow 
river,  was  asked:  'Is  that  William  Kinney  ?'  He  replied  in  the  affirmative.  Pop  went  a 
pistol.  Some  dozen  or  fifteen  shots  were  fired,  and  one  b?ll  passed  through  the  body  near 
the  kidneys.  Not  much  is  said  about  it,  and  I  have  not  learned  whether  it  is  likely  to  prove 
fatal  or  not.  What  siirprises  me  most  is  to  witness  the  indifference  on  the  part  of  the  citizens 
generally.  They  take  no  more  notice  apparently  of  these  outrages  and  murders  than  if  so 
many  dogs  had  been  bruised  and  shot  at.  The  persons  who  commit  these  acts  are  seen  the 
next  day  mingling  with  the  people  on  the  streets  and  in  the  shops  as  though  nothing  unusual 
had  happened.  1  could  not  have  believed,  without  seeing  it,  that  any  people  who  call  them 
selves  Christians  could  exhibit  such  haiduess  of  heart  oven  for  the  hard  treatment  of  dumb 
beasts,  much  less  human  creatures.  Oh  !  what  has  slavery  not  done?  It  has  perverted  the 
Word  of  God,  and  taken  away  the  heart  of  man  to  feel  for  his  brother,  whose  skin  is  darker 
than  his  own. 

"Let  anything  be  done  to  relieve  the  wants  and  to  better  the  condition  of  these  poor  peo 
ple,  and  this  chivalric  Christian  community  is  all  excitement.  While  quietly  pursuing  my 
work,  I  was  yesterday  morning  somewhat  startled  to  learn  that  certain  persons  had  called  on 
the  late  mayor  to  induce  him  to  convene  a  public  meeting  to  investigate  the  truth  of  the  story 
that  a  large  lot  of  goods  recently  landed  here  for  the  freedmeu  were  packed  up  at  the  hos 
pitals,  and  were  infected  with  contagious  diseases.  He  who  reported  this  story  was  the  same 
man  of  whom  I  spoke  in  my  letter  as  having  raved  like  a  madman  when  he  saw  the  goods 
landed : 

"  '  I  once  had  seventeen  slaves,  but  they  are  gone ;  $17,000  lost.     The lazy  niggers  ! 

You  had  better  whip  them  and  send  them  to  worn  instead  of  giving  them  clothing,     1) 

the  northern  people  for  sending  it  and  the  President  for  encouraging  it !     None  of  you  don't 
know  how  to  manage  and  treat  the  niggers.     We  can  teach  you  that.'  " 

The  upshot  of  this  rumor  was  an  examination  of  the  goods,  which  were  women's  clothing, 
mainly,  and  school-books.  "The  school-books,  I  believe,"  adds  the  writer,  "  contained  the 
infection  dreaded.  It  is  the  schools  that  trouble  them." 

On  the  other  hand,  Miss  Remington  writes  from  Plymouth : 

"  Yesterday  we  heard  something  which  cheered  our  hearts  and  deem  worthy  of  honorable 

mention.     Colonel ,  a  southern  man,  whose  sou  was  in  the  rebel  army,  and  held  by 

our  forces  at  Fort  Lookout  (as  prisoner,)  sent  word  to  us  that  he  would  give  $10  for  the  sup 
port  of  the  colored  school." 

The  freedinen  at  Plymouth  have  aided  the  teachers  as  far  as  their  limited  means  allow, 


VIRGINIA NORTH    CAROLINA — SOUTH   CAROLINA.  109 

and  heave  formed  a  society  pledged  to  defray  expenses  of  rent  for  two  houses — one  as  a 
touchers'  home  and  one  as  a  school-room.  A  teacher  thus  writes  of  Plymouth: 

"No  one  who  has  not  been  in  Plymouth  since  the  war  can  have  any  true  conception  of 
the  manner  in  which  the  houses  have  been  destroyed.  Scarcely  a  dozen  dwelling-houses 
here  have  either  locks  on  the  doors  or  glass  in  the  windows,  and  every  house,  except  two, 
bears  the  marks  of  shot  and  shell.  Many  families  who,  previous  to  the  war,  had  luxurious 
homes,  are  now  living  with  all  the  windows  boarded  up,  except  perhaps  those  in  one  room 
in  which  they  sit." 

With  an  extract  from  a  recent  letter  from  Roanoke  island  we  will  close : 

"The  destitution  is  still  great.  Unless  you  can  send  us  more  for  gratuitous  distribution 
soon  it  will  become  fearful.  The  commandant  says  that  those  who  come  here  are  of  that 
class  who  are  driven  by  necessity  from  the  homes  where  they  have  spent  their  lives  in  unre 
quited  servitude,  and  after  gathering  the  autumn's  crops  are  no  longer  needed,  and  it  will 
cost  less  to  drive  them  out  without  food  and  shelter  until  their  services  are  again  needed. 
*  *  *  •  These  things  so  stir  me  at  times  that  I  can  only  cry,  'Lord,  help,  or  we 
perish!'  »  «  •  The  government  still  continues  its  protection,  and  the  troops 
appear  at  places  where  there  is  any  danger  of  a  collision  of  the  races.  The  time  has  not  get 
come  to  wholly  withdraw  all  military  protection." 

We  should  say,  Not  yet. 

NORTH  CAROLINA. 

•• 

Here  is  a  glimpse  into  life  at  the  little  town  of  Edenton : 

"  Such  a  quiet  town  as  it  is.  No  whirr  of  machinery  or  rattle  of  carriages — only  the  occa 
sional  cheery  he-ho  from  a  negro's  throat  to  break  the  stillness.  The  very  trees  have  a 
sleepy  look  as  they  nod  above  the  silent  streets.  The  town  has  suffered  very  little  from  the 
war,  save  in  the  general  stagnation  of  business,  and  is  in  reality  very  pretty,  though  the 
many  evidences  of  carelessness  and  neglect,  the  lack  of  paint,  broken  windows,  and  dilapi 
dated  fences  grate  harshly  upon  our  New  England  ideas  of  order  and  thrift. 

"The  'chivalry'  stand  at  the  corner  of  the  streets  in  blissful  idleness  from  morning  till 
night.  Of  the  ladies  of  the  town  we  see  very  little.  They  spend  the  greater  portion  of  their 
time  in  listless  seclusion,  moruning  over  the  hopeles  sfate  which  has  overthrown  their  pet  insti 
tution  and  substituted  for  the  slave  mart'and  its  attendant  honors  our  peaceful  school  for  the 
freedmen. 

"Our  schools  prosper  finely.  The  attendance  is  excellent,  and  the  progress  of  the  pupils 
very  satisfactory.  In  my  division  of  fifty  pupils,  all  can  read  and  spell  very  well,  and  seme 
study  arithmetic.  When  the  school  first  commenced,  a  little  more  than  two  months  ago, 
they  did  not  know  a  letter  of  the  alphabet.  They  are  eager  to  learn,  and  they  go  about  it 
with  unrivalled  perseverance.  They  carry  their  beloved  books  everywhere  with  them,  im 
proving  every  opportunity  of  perusing  them.  On  their  way  to  and  from  school,  and  at  recess, 
•we  can  see  them  in  little  groups,  walking  and  studying,  the  more  advanced  kindly  assisting 
those  not  so  fortunate. 

"One  boy,  whom  Mr.  C engaged  to  cut  wood,  we  discovered,  after  his  work  was 

done,  studying  his  lesson  for  evening  school  by-  the  light  reflected  upon  the  verandah  through 
the  windows  of  the  room  where  we  were  taking  tea. 

"All  are  not  black  children  whom  we  number  among  our  band,  though  all  have  been  slaves. 
One  of  my  division,  a  boy  of  eleven,  has  fair  hair,  blue  eyes,  and  Grecian  features.  Another, 
a  little  girl  of  sereu,  is  as  pretty  a  child  as  I  ever  saw.  She  has  a  clear  complexion,  brown 
eyes,  and  straight,  silky  brown  hair.  Hundreds  of  admired  and  idolized  children  in  north 
ern  households,  have  not  so  much  beauty  of  face  and  manners,  or  sweetness  of  disposition, 
as  little  Emily  Horton. 

"I  am  particularly  interested  in  the  evening  schools  for  older  persons  who  cannot  attend 
during  the  day.  It  is  a  pleasant  sight — those  sturdy  young  men  and  women,  those  of  middle 
age,  and  those  over  whose  heads  many  winters  have  scattered  frost — alike  bending  earnestly 
over  their  books,  eager  to  improve  the  glorious  light  which  has  dawned  upon  their  long 
night  of  darkness. 

"The  colored  people  in  this  vicinity  are  very  industrious,  and  their  condition  is  better 
than  in  many  parts  of  the  south.  They,  however,  have  much  to  endure.  The  old  planta 
tion  spirit  is  by  no  means  extinct  The  dethroned  lords  of  the  lash  cling  to  the  shadow  of 
slavery  with  a  death  grasp. 

"  During  a  visit  which  we  made  in  the  holidays  to  the  ruined  town  of  PlyinoTith  an  inci 
dent  occurred  illustrative  of  the  times.  Five  of  us  were  exploring  a  fort  in  the  vicinity  of 
Plymouth.  We,  the  ladies,  leaving  our  friends  discussing  some  point  of  military  architec 
ture,  passed  around  an  embankment  which  hid  them  from  our  sight,  and  came  suddenly 
upon  an  old  negro  who  was  removing  for  firewood  the  remnants  of  the  abattis.  He  touched 
his  hat  in  the  most  approved  style  and  stepped  aside  for  us  to  pass,  but  we  stood  still,  and 
Miss  M began  a  conversation  with  him. 

"  'Well,  uncle,  how  do  you  enjoy  your  freedom? '  she  asked. 

"He  eyed  her  suspiciously  for  a  moment;  then  putting  on  a  look  of  stupidity  and  iudiffer 
ence,  added: 


200  RECONSTRUCTION. 

"  'Ah,  missus,  I  don'  know — don'  know  as  I  is  free.' 

"  'What! '  we  exclaimed  in  astonishment,  'don't  know  that  you  are  free!  What  do  you 
mean  ? ' 

'"No,  missus,'  he  persisted,  'don'  know  nothin'  'bout  it;  nothin'  'tall.' 

"Just  at  that  moment  one  of  the  officials  who  accompanied  us  came  up.  As  the  negro 
caught  sight  of  the  federal  uniform  the  look  of  stupidity  vanished  as  if  by  magic.  Off  came 
the  old  hat  in  a  twinkling,  and  with  a  smile  beaming  all  over  his  dark  face,  he  turned  to  us 
exclaiming: 

"  'Oh!  I  know  you  now.  You's  not  secesh  ;  you's  friends,  an'  I  know  what  I  is,  too. 
Yes,  missus,  I's  a  free  man,  tank  God.' 

"What  do  you  of  the  free  north  think  of  liberty  which  may  safely  be  avowed  only  in  the 
literal  shadow  of  the  'blue?" 

The  writers  of  the  above  extracts  are  teachers  and  reliable  witnesses ;  though  in  their 
accounts  of  "destitution"  they  sometimes  exaggerate  a  little. 

The  case  of  outrage  at  Elizabeth  City  was  reported  to  me,  and  a  small  military  force  was 
sent  there  by  General  Ruger  at  my  request. 

E.  WHITTLESEY, 
Colonel  and  Assistant  Commissioner. 


WASHINGTON,  D.  C.,  February  8,  1866. 
Homer  A.  Cook  <•  sworn  and  examined. 
By  Mr.  HOWARD: 

Question.  State  whether  you  hold  any  official  position. 

Answer.  I  was  captain  and  assistant  quartermaster  in  the  Union  army. 

Question.  Where  did  you  serve  as  such,  chiefly  ? 

Answer.  In  North  Carolina. 

Question.  Have  you  been  in  North  Carolina  since  the  close  of  hostilities  ? 

Answer.  I  left  North  Carolina  in  December,  186ij. 

Question.  What  places  did  you  chiefly  visit  in  North  Carolina  ? 

Answer.  I  have  been  stationed  at  Newbern  and  Roanoke  island,  and  visited,  officially  or 
otherwise,  Morehead  City,  Beaufort,  Washington,  Edenton,  Elizabeth  City,  Plymouth,  and 
various  other  localities  in  the  eastern  section  of  the  State. 

Question.  Have  you  been  connected  with  the  Freedmen's  Bureau  ? 

Answer.  I  have  had  no  connexion  with  the  Freedmen's  Bureau  except  the  intercourse 
naturally  resulting  from  my  position. 

Question.  What  is  the  state  of  public  feeling  among  the  ex-rebels  of  North  Carolina,  gen 
erally,  in  relation  to  the  government  of  the  United  States  ? 

Answer.  So  far  as  my  observation  extends,  I  have  not  observed  loyal  sentiments  among 
them. 

Question.  How  do  they  speak  of  the  goveniment  of  the  United  States  ? 

Answer.  I  have  found  a  good  many  people  among  the  intelligent,  educated  portion  of  the 
community  who  profess  to  be  Union  men,  but,  when  their  definition  of  Unionism  is  given, 
they  want  the  Union  as  it  was  before  the  war. 

Question.  What  do  they  seem  to  intend  by  that  expression,  the  "Union  as  it  was?  " 

Answer.  They  are  rather  vague  and  indefinite  in  their  expressions.  I  have  conversed  with 
a  great  many  of  them,  and  generally  they  were  not  original  secessionists.  They  take  pains 
to  impress  upon  you  that  they  were  not  in  favor  of  secession.  They  claim  that  the  Consti 
tution  guarantees  to  them  their  rights,  apparently  overlooking  the  changes  produced  by  the 
war. 

Question.  Do  they  speak  generally  in  kind  terms  of  the  federal  government,  or  in  con 
temptuous,  contumelious  terms? 

Answer.  There  are  two  distinct  classes  among  them.  The  leading  wealthy  people,  in  con 
versation  with  officers  of  the  army,  do  not  speak,  perhaps,  unkindly  of  the  government,  but 
they  claim  a  right  to  be  represented  in  it.  The  mass  of  the  people — the  uneducated  portion — 
soein  to  have  no  ideas  whatever  in  relation  to  the  general  government,  but  simply  as  regards 
the  State.  But  there  is  a  very  strong  feeling  of  hostility  towards  northern  men. 

Question.  When  northern  men  come  among  them  for  the  purpose  of  settlement  or  trade, 
how  are  they  generally  treated  by  the  secessionists? 

Answer.  Very  coldly. 

Question.  Are  they  received  into  social  intercourse? 

Answer.  They  are  not,  generally.  Social  intercourse  between  northern  and  southern 
men,  and  their  families,  is  very  rare. 

Question.  Are  men  from  the  north  invited  into  the  best  families  among  the  secessionists, 
or  are  they  overlooked  ? 

Answer.  My  observation  has  been  almost  invariable,  that  when  northern  men  give  any 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  201 

invitatious  to  any  party  or  assembly  the  southern  men  are  invariably  absent;  and  when 
southern  residents  issue  invitations  northern  men  are  excluded.  The  same  thing  is  percep 
tible  in  their  churches. 

Question.  What  are  your  ideas  as  to  the  security  of  northern  men  who  settle  there,  in  the 
enjoyment  of  rights  of  property  and  their  rights  as  citizens  ?  Are  they  as  secure  as  seces 
sionists  themselves  ? 

Answer.  I  should  presume  that  in  the  larger  cities  and  towns  northern  men  would  be 
secure  from  any  personal  violence  or  violation  of  law  ;  but  outside  I  would  say  they  were 
not  secure. 

Question.  Suppose  the  military  forces  should  be  removed  entirely  from  North  Carolina? 

Answer.  I  think  the  northern  people  would  be  compelled  to  go  with  them  or  very  soon 
after.  They  would  be  driven  from  the  State  by  the  disagreeable  circumstances  surrounding 
them. 

Question.  In  such  an  event  would  you  apprehend  violence  towards  northern  men  on  the 
part  of  secessionists  ? 

Answer.  I  am  not  able  to  say  to  what  extent ;  to  a  greater  or  less  extent,  either  by  the  de 
struction  of  their  property  or  by  some  other  means. 

Question.  You  mean  to  say  that  there  is  a  general  feeling  of  dislike  and  distrust  towards 
men  from  the  northern  States  ? 

Answer.  I  do.     There  is  an  unwillingness  to  meet,  socially,  northern  people. 

Question.  Why  is  that  ? 

Answer.  I  suppose  it  arises  from  a  disinclination  to  have  northern  men  settle  among  them  ; 
an  unwillingness  to  trade  with  northern  people  if  they  can  avoid  it. 

Question.  Have  you  reason  to  believe  that  any  considerable  portion  of  the  secession  ele 
ment  in  North  Carolina  still  cherish  the  hope  of  soTithern  independence  ? 

Answer.  I  am  not  prepared  to  say  that  I  think  they  have  sufficiently  matured  their  plans 
to  cherish  that  idea  at  present;  they  are  mainly  absorbed  in  their  situation  at  this  time. 

Question.  Have  you  any  reason  to  believe  that  there  are  such  plans  in  embryo  among 
them  ? 

Answer.  I  have  never  seen  in  that  State,  parties  whom  I  would  expect  to  see  leaders  in 
any  such  undertakings,  but  I  have  seen  many  individuals  who  I  have  no  question  would 
readily  follow  in  making  such  an  attempt. 

Question.  Have  you  heard  anything  said  among  them  in  reference  to  a  foreign  war  be 
tween  the  United  States  and  England  or  France,  or  any  other  foreign  power? 

Answer.  I  have  heard  remarks  of  that  nature,  but  not  from  responsible  parties  :  not  from 
educated  people,  but  from  the  most  ignorant  portion  of  the  community. 

Question.  From  what  you  have  observed  and  know  of  the  general  feeling  among  the  North 
Carolinians,  what  part  would  they,  in  your  judgment,  be  likely  to  take  in  the  event  of  a  for 
eign  war  between  the  United  States  and  any  European  power? 

Answer.  I  do  not  think  there  would  be  a  unanimity  of  feeling  on  that  subject. 

Question.  Would  any  portion  of  them  be  likely  to  join  the  enemies  of  the  United  States  in 
that  event  ? 

Answer.  It  would  be  very  difficult  for  me  to  say  what  parties  would  do  under  certain  con 
tingencies.  I  think  the  sympathies  of  many  of  them  would  be  with  the  enemies  of  the  Uni 
ted  States  ;  I  have  no  doubt  of  that. 

Question.  Do  you  hear  many  of  the  rebels,  those  who  have  taken  an  active  part  in  the 
rebellion,  express  regret  for  the  part  they  have  acted  in  the  war? 

Answer.  I  never  heard  one.  At  the  time  of  the  congressional  elections  in  November,  the 
sentiment  of  the  people  of  the  State  was  exhibited  as  clearly  as  at  any  time  since  the  war. 
No  unconditional  Union  man  can  be  elected  to  any  office  whatever.  One  of  the  candidates 
for  Congress  said  that  he  could  not  take  the  test  oath  if  he  would,  and  would  not  take  it  if 
he  could,  and  that  it  was  a  disgrace  to  any  man  in  North  Carolina  to  say  that  he  was  able  to 
take  it.  He  was  a  successful  candidate ;  he  was  elected. 

Question.  To  what  office  ? 

Answer.  A  representative  in  Congress. 

Question.  W^hat  was  his  name? 

Answer.  I  think  it  was  Mr.  Turner,  but  I  will  not  be  positive  as  to  the  name. 

Answer.  Do  you  know  what  his  residence  is,  or  was  ? 

Answer.  I  cannot  state  his  residence  at  the  present  time ;  I  have  heard  it  stated.  It  was  a 
matter  of  common  report;  it  was  said  at  a  public  meeting.  I  did  not  hear  it  myself,  but  I 
learned  it  from  various  credible  sources. 

Question.  You  heard  it  from  gentlemen  on  whose  veracity  you  would  rely? 

Answer.  I  should,  sir.  I  know  of  but  two  men  who  were  candidates  for  Congress  at  that 
election  who  could  take  the  oath  ;  these  candidates  were  in  the  first  and  second  congressional 
districts  of  North  Carolina. 

Question.  Can  you  give  their  names  ? 

Answer.  One  is  Mr.  William  Bond  ;  the  other  is  Mr.  Robert  F.  Lehman,  of  Newbern.  Mr. 
Lehman  received,  I  think,  only  about  a  hundred  votes  in  the  district,  and  these  were  mainly 
from  the  northern  people  in  Newberu. 


202  RECONSTRUCTION. 

Question.  Do  you  think  that  the  voters  generally  in  North  Carolina  look  upon  actual  ser 
vice  in  the  rebel  army  as  a  merit  rather  than  as  a  demerit  ? 

Answer.  Undoubtedly,  sir.  If  it  is  not  regarded  as  a  merit,  it  certainly  has  their  sym 
pathy  and  support;  it  attracts  their  sympathies  and  enlists  their  support. 

Question.  Among  what  classes  of  whites  in  North  Carolina  do  you  find  the  strongest  feel 
ing  against  the  Unite  1  States — the  low  and  uneducated,  or  the  educated  and  well-bred  ? 

Answer.  I  do  not  know  that  I  can  answer  that  question  correctly,  because  among  the  ed 
ucated  and  refined  people  they  have  the  art  of  concealing  their  sentiments  under  a  courteous 
manner,  so  that  it  is  sometimes  difficult  to  ascertain  their  real  sentiments.  • 

Question.  What  class  are  the  most  out-spoken  on  that  subject  ? 

Answer.  tn  answer  to  that  question  I  would  say  that  there  is  a  great  lack  of  moral  courage 
in  the  south,  and  that  persons  occupying  the  highest  positions  in  society,  socially  and  oth 
erwise,  in  conversation  with  northern  men  individually,  will  assent  to  all  their  propositions, 
but  when  they  meet  their  own  people  will  retract  everything  they  have  said :  while  among 
the  ignorant  classes  they  make  no  concealment  of  their  feelings.  The  feeling  of  the  poor 
classes  of  the  whites  seems  to  be  concentrated  against  northern  men  without  any  particular 
reference  to  the  government. 

Question.  What  is  the  main  ground  of  that  prejudice  against  the  northern  men  ? 

Answer.  I  suppose,  sir,  it  is  owing  to  the  teaching  they  have  received  before  the  war;  it 
has  been  inculcated  by  public  speakers  before  the  war  that  northern  men  are  hostile  to  them, 
encroaching  upon  their  rights. 

Question.  How  do  they  feel  generally  in  reference  to  the  abolition  of  slavery  ? 

Answer.  I  think,  sir,  they  have  an  unwillingness  to  converse  on  that  subject ;  they  all 
admit  in  so  many  words  that  slavery  is  dead,  that  it  is  abolished;  and  that  is  about  as  much 
as  they  like  to  say  in  regard  to  it. 

Question.   What  is  their  treatment  generally  of  the  freedmen  ? 

Answer.  I  should  say,  in  reply  to  that,  that  the  freedmen  are  treated  much  better  when 
they  are  near  where  the  Union  troops  are  stationed ;  but,  from  all  the  evidence  that  I  can 
gather,  I  believe  that  outside,  when  there  is  no  army  to  protect  them,  they  are  treated  with 
great  cruelty  in  some  cases. 

Question.  Do  you  hear  of  cases  of  maltreatment  of  the  blacks,  such  as  flogging  and  other 
acts  of  cruelty  ? 

Answer.  I  have  heard  of  numerous  cases.  I  do  not  know  that  I  could  mention  any  spe 
cific  cases  at  the  present  time,  giving  dates  and  names. 

Question.  I  merely  ask  whether  you  have  heard  of  such  from  what  you  regard  as  credible 
sources. 

Answer.  I  have  heard  from  persons,  who  I  have  reasons  to  believe  make  correct  statements, 
that  in  many  of  the  interior  counties  slaves  are  held  at  the  present  time  in  a  state  of  servitude 
as  they  were  previously  to  the  proclamation. 

Question.  And  have  you  heard  of  cases  of  flogging  or  torture  of  any  description? 

Answer.  I  have  heard  of  different  cases  of  punishment.  These  particular  cases  of  flogging 
I  should  not  be  so  apt  to  hear  of  as  I  would  of  those  of  a  more  violent  nature,  such  aa 
shooting. 

Question.  Have  you  heard  of  cases  of  shooting  freedmen  by  whites  ? 

Answer.  Yes,  sir. 

Question.  Have  those  cases  been  frequent  or  rare? 

Answer.  The  means  of  communication  between  military  posts  and  society  outside  were  not 
uniform,  and  it  was  only  occasionally  that  communication  could  be  held.  Therefore  it  would 
only  be  an  inference;  but  that  inference  would  be  that  punishments  were  frequent,  and  that 
the  instances  of  cruelty  were  numerous. 

Question.  Do  you  find  among  the  secessionists  of  North  Carolina  a  general  feeling  of 
kindness  and  regard  for  the  copperhead  party  of  the  north  ? 

Answer.  I  think  there  is  no  doubt  on  that  point.  They  desire  the  success  of  the  demo 
cratic  party,  believing  that  it  would  yield  them  what  they  call  their  rights. 

Question.  They  have  the  idea  that,  if  the  democratic  party  should  obtain  an  ascendency  in 
the  government,  they,  the  secessionists,  would  have  their  rights  ? 

Answer.  Yes,  sir.     What  they  mean  by  rights  is  the  power,  I  suppose. 

Question.  And  'in  that  case  they  anticipate  that  all  their  slaves  would  be  given  back  to 
them,  or  the  value  of  them? 

Answer.  I  think  their  ideas  on  that  point  are  somewhat  indefinite,  but  at  the  same  time 
there  is  no  doubt  that  they  earnestly  desire  the  success  of  the  democratic  party,  supposing 
that  it  will  confer  privileges  upon  them.  I  think  they  entertain  a  vague  hope  that  someway, 
not  clearly  apparent  to  themselves,  slavery  will  be  again  established  through  tiiat  agency.  I 
might  say  that  there  is  a  class  of  men  in  that  State  who  would  be  ready  to  accept  the  princi 
ples  of  republican  government  as  understood  by  loyal  people  at  the  north,  but  they  have  not 
the  courage  to  acknowledge  it  before  their  own  people. 

Question.  Do  the  secessionists  still  hold  it  to  be  the  true  doctrine  that  the  United  States 
had  no  authority  to  coerce  a  rebel  State  ? 

Answer.  I  do  not  know  that  I  have  heard  that  question  discussed  particularly ;  but  the 
people  there  have  a  way  of  reaching  that  matter  by  simply  saying  that  they  owe  their  alle- 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  203 

glance  to  the  State,  and  that  wherever  the  State  goes  they  must  go;  the  general  government 
is  not  considered  in  that  connexion. 

Question.  Do  they  consider  that  the  question  of  the  right  to  secede  has  been  settled  by 
the  war  ? 

Answer.  I  do  not  think  they  do ;  I  think  they  regard  it  in  this  way :  That  the  war  simply 
settled  the  question  that  the  north  was  the  strongest.  They  are  free  to  acknowledge  that 
they  were  beaten ;  but  I  do  not  think  that,  generally  speaking,  they  abandon  any  principle 
which  the?  have  heretofore  maintained. 

Question.  What  effect  has  President  Johnson's  liberal  policy  in  granting  pardons  and 
amnesties  to  rebels  had  upon  the  minds  of  the  secessionists  there ;  has  it  made  them  more  or 
less  favorable  to  the  government  of  the  United  States  ? 

Answer.  I  can,  perhaps,  better  answer  that  question  by  saying  that  every  unconditional 
Union  man  of  my  acquaintance.in  that  State  is  opposed  to  that  policy. 

Question.  How  do  the  secessionists  feel  about  it? 

Answer.  They  claim  the  President  as  their  friend  in  that  matter. 

Question.  Has  this  liberal  policy  made  them  more  or  less  friendly  in  their  feelings  towards 
the  government  of  the  United  Stages  5  has  it  made  them  more  respectful  to  the  government, 
or  more  contemptuous  towards  it? 

Answer.  The  fact  is  certain  that  the  feeling  of  hostility  against  the  government  of  the 
United  States  is  much  more  intense  there  than  it  was  six  months  ago.  I  do  not  know  that  I 
could  state  precisely  what  the  cause  was.  My  own  opinion  would  be  that  at  the  time  of  Lee's 
surrender  they  were  ready  to  accept  of  any  terms  that  might  have  been  offered ;  but  that, 
no  rigorous  condition  having  been  imposed,  they  have  been  led  to  think  that  they  have  a 
friend  in  high  station. 

Question.  And  they  rely  on  President  Johnson  more  than  they  do  upon  Congress  ;  is  that 
the  fact? 

Answer.  Certainly,  sir.  They  are  very  hostile  in  their  manifestations  as  regards  the 
majority  in  Congress. 

Question.  How  do  they  speak  of  the  majority  in  the  two  houses  of  Congress  ? 

Answer.  In  terms  of  deep  and  malignant  hatred. 

Question.  What  are  some  of  the  epithets  they  apply  to  them,  if  they  apply  any? 

Answer.  They  are  spoken  of  as  radicals,  who  would  ruin  their  country  if  they  cannot 
rule  it. 

Question.  Is  that  the  tone  of  secession  newspapers  published  in  North  Carolina  ?     . 

Answer.  I  do  not  know  of  a  newspaper  in  North  Carolina  that  comes  up  to  the  standard 
of  what  I  should  call  loyalty  to  the  government. 

Question.  How  do  the  secessionists  regard  the  efforts  to  establish  schools  among  the 
colored  people? 

Answer.  They  are  not  at  all  pleased,  so  far  as  my  observations  extend  ;  and  it  has  been 
very  difficult  to  establish  schools,  excepting  where  they  are  directly  under  the  military  pro 
tection. 

Question.  Without  that  protection  would  it  be  possible  in  many  localities  in  North  Caro 
lina  to  keep  up  a  colored  school  at  all  ? 

Answer.  I  do  not  think  it  would. 

Question.  Would  not  the  secessionists  disperse  the  scholars,  drive  out  the  teacher,  and  tear 
down  the  school  ? 

Answer.  I  think  so.  I  think  the  school-house  would  be  burned,  or  the  teacher  subjected 
to  so  much  annoyance  and  insult  of  every  kind  that  it  would  be  impossible  to  keep  the 
school  without  military  protection. 

Question.  Have  you  given  any  attention  to  these  colored  schools  ? 

Answer.  I  have.  I  did  so  before  the  organization  of  the  Freedmen's  Bureau.  I  had 
charge  of  what  was  then  called  the  contrabands,  before  the  term  freedmen  was  used.  There 
were  some  three  thousand  of  them  in  Newbern,  and  I  had  frequent  occasion  to  understand 
the  means  pursued  for  their  improvement  and  education. 

Question.  Does  the  negro  show  an  alacrity  and  desire  to  acquire  education? 

Answer.  It  is  very  remarkable  to  what  extent  it  goes  in  all  classes.  Their  desire  for  im 
provement  is  very  remarkable.  Their  schools  are  promptly  attended,  and  the  progress  made 
by  the  negro  children  is  very  satisfactory,  I  think,  up  to  a  certain  point ;  fully  equal  to  any 
white  children  of  the  same  age.  After  they  have  reached  a  certain  point  I  should  say  that 
the  white  children  progress  more  rapidly ;  I  mean  when  their  reasoning  faculties  begin  to  be 
called  into  exercise. 

Question.  Do  the  blacks  appear  to  be  willing  to  make  sacrifices  of  property  to  acquire 
education  ? 

Answer.  Yes,  sir.  I  can  give  you  an  illustration  showing  the  desire  for  general  improve 
ment  of  that  race.  When  I  was  at  Koanoko  island  I  had  under  my  care  about  one  hundred 
men  employed  in  the  quartermaster's  department.  One  of  »those  men  was  foreman  of  car 
penters,  of  whom  we  had  twelve  or  fifteen  employed.  He  was  fully  competent  to  draw 
plans  and  construct  buildings  as  well  as  any  white  man  I  ever  saw.  He  was  employed  by 
the  government  at  thirty-five  dollars  a  month.  I  told  him  that  if  he  desired  to  leave,  as  he 
had  a  family,  I  knew  that  he  could  get  employment  elsewhere  at  higher  wages.  He  said  he 


204  RECONSTRUCTION. 

felt  it  his  duty  to  remain,  in  order  to  instruct  others  of  his  race,  so  that  they  would  be  able  to 
obtain  a  living  and  an  education.  As  soon  as  that  department  was  discontinued  there  he 
immediately  obtained  work  at  three  dollars  a  day,  as  he  could  have  done  a  year  before.  The 
difference  in  his  pay  was  substantially  a  contribution  on  his  part  for  the  benefit  of  the  colored 
race,  for  their  general  improvement  by  his  example  and  efforts. 

Question.  Is  there  any  other  instance  of  a  striking  character  which  you  wish  to  state 
illustrating  their  desire  of  education  ? 

Answer.  It  was  customary  among  nearly  all.  or  many  of  them  at  least,  (some  being  of  an 
age  greater  than  myself,  forty-six, )  at  all  their  leisure  hours  to  have  a  book.  They  would 
sit  down  at  any  hour,  and  with  the  limited  education  which  they  had  gathered  from  their 
children  and  others  they  would  endeavor  to  improve  their  knowledge  of  reading.  I  never 
had  any  difficulty  among  that  class  of  people  in  obtaining  a  reasonable  amount  of  labor — 
a  fair  day's  work  for  a  fair  day's  wages  ;  and  I  have  had  some  of  them  employed  under  cir 
cumstances  which  were  very  dangerous  to  their  health  and  even  to  their  lives. 

Question.  State  whether,  in  your  opinion,  they  are  as  willing  to  work  as  what  are  called 
the  low  whites  of  the  south. 

Answer.  When  I  was  in  Newbern,  in  the  fall  of  1863,  there  was  a  good  deal  of  scarcity  in 
the  country  around,  and  consequently  there  were  a  great  many  persons  coming  in,  both 
white  and  black.  Almost  invariably  I  found  among  the  blacks  a  desire  to  labor.  I  had 
charge  of  getting  logs  and  wood,  and  various  other  branches  of  the  quartermaster's  depart 
ment,  and  many  of  the  blacks  came  to  me  desiring  to  get  work  from  the  government,  and  I 
employed  them.  The  whites  did  not  desire  to  work  to  so  great  an  extent.  These  whites 
were  called  loyal  refugees.  Their  loyalty  consisted  in  the  fact  that  they  had  nothing  to  eat 
where  they  were,  and  came  to  Newbern  to  get  something  to  eat. 

Question.  They  came  to  the  United  States  granary  ? 

Answer.  Yes,  sir.  They  did  not  remain  loyal  altogether  as  long  as  they  were  fed.  I 
employed  some  of  those  men  and  the  negroes,  and,  considering  the  difference  of  color,  I 
endeavored  to  place  the  whites  in  a  position  where  they  would  have  some  advantages  ;  but  I 
found  a  decided  disinclination  on  their  part  to  labor;  and  during  the  time  they  were  em 
ployed  there  was  almost  constant  disagreement  between  them  and  the  blacks,  while  there 
was  none  between  the  white  northern  men  and  the  blacks  in  my  employment. 

Question.  What  is  your  profession  ? 

Answer.  I  am  an  editor.  I  have  been  engaged  mainly  as  publisher  and  editor  of  news 
papers  /or  the  last  fifteen  or  twenty  years  in  Lowell  and  Lawrence,  Massachusetts. 

Question.  Are  you  a  New  England  man? 

Answer.  Yes,  sir. 

Question.  Do  you  think  of  any  other  facts  which  you  deem  it  of  importance  to  state  to  the 
committee  ? 

Answer.  I  do  not  think  at  this  moment  of  anything  that  would  be  of  interest. 

Question.  How  do  the  ex-rebels  feel  about  the  payment  of  the  federal  war  debt  ?  If  it  was 
left  to  them  to  vote  yes  or  no  on  the  question  of  paying  it,  what  way  would  they  vote 
generally  ? 

Answer.  They  would  vote  no,  without  doubt. 

Question.  It  would  not  be  a  very  close  struggle? 

Answer.  It  would  be  about  as  unanimous  as  the  vote  in  this  district  on  the  question  of 
negro  suffrage. 

Question.  Suppose  the  question  were  referred  to  them  whether  or  not  they  would  pay  the 
rebel  war  debt,  now  would  they  vote  there  generally,  yes  or  no  ? 

Answer.  I  think  their  vote  would  be  in  the  affirmative,  to  pay  it;  because  the  mass  of 
voters  are  under  the  influence  of  a  few  men,  and  those  men  are  directly  interested  in  the 
debt,  as  they  hold  the  bouxis. 


WASHINGTON,  February  15,  1866. 
Reverend  Hope  Bain  sworn  and  examined. 

By.  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 
Answer.  Goldsborough,  North  Carolina. 
Question.  How  long  have  you  resided  there? 
Answer.  Eleven  years. 

Question.  What  is  your  profession  or  occupation  ? 
Answer.  I  am  a  clergyman. 
Question.  Of  what  denomination  ? 
Answer.  Uuiversalist. 

Question.  Were  you  at  Goldsborough  during  the  rebellion  ? 
Answer.  Yes,  sir,  all  the  time,  aside  from  my  absences  on  clerical  duties. 
Question.  How  do  the  secessionists  in  North  Carolina,  so  far  as  you  have  seen,    feel 
towards  the  government  of  the  United  States  at  present  / 


VIRGINIA  —  NORTH    CAROLINA  —  SOUTH   CAROLINA.  205 

Answer.  To  judge  from  what  I  have  heard  thorn  say,  and  their  acts,  I  should  suppose  they 
did  not  feel  very  kindly.  That  is  the  conclusion  I  have  arrived  at  from  my  daily  conversa 
tions  with  them  at  home  and  in  travelling. 

Question.  State  whether  you  hear  frequent  expressions  of  dislike  and  contempt  towards 
the  government  of  the  United  States  ? 

Answer.  I  cannot  say  that  I  have  heard  anything  like  contempt  further  than  that,  though 
they  consider  they  were  overpowered,  they  were  not  subdued. 

Question.  They  mean  to  say  that  their  opinions  are  the  same  as  they  were  before. 

Answer.  Yes,  sir  ;  that  is  a  pretty  general  thing. 

Question.  Do  you  hear  any  expressions  of  regret  among  them  at  having  taken  up  arms 
against  the  government? 

Answer    No,  sir,  no  regret. 

Question.  Is  it  not,  on  the  contrary-,  rather  a  subject  of  pride  and  exultation  ? 

Answer.  It  is  the  subject  of  a  good  deal  of  pride.  I  have  been  placed  in  a  position  where  I 
could  obtain  some  knowledge  of  them.  Governor  Holden  appointed  me  a  justice  of  the 
peace,  and  in  addition  to  that  appointment  I  held  the  chairmanship  of  the  committee  to  ad 
minister  the  amnesty  oath.  In  doing  so  I  have  necessarily  come  in  contact  with  a  great 
many  of  them.  I  administered  the  oath  in  the  entire  county  of  Wayne,  and  I  must  say, 
from  their  conversation  and  the  way  they  acted,  that  they  did  not  care  much  about  the  oath, 
although  I  qualified  them  with  all  the  solemnity  I  was  capable  of.  One  prominent  rebel  by 
the  name  of  Lane,  who  had  been  a  lieutenant  or  captain  in  the  rebel  army,  came  to  me  one 
day  and  said,  "I  want  to  take  that  damned  nasty  oath."  "What  do  you  mean?"  said  I. 
"Do  you  not  administer  an  oath?"  said  he.  "Yes,  sir,"  said  I.  "Then,"  said  he,  "I 
want  to  take  it."  I  found  from  his  expressions  that  he  was  just  as  much  of  a  rebel  as  he 
was  before  ;  and  at  that  very  time  he  was  a  candidate  for  the  office  of  clerk  of  the  superior 
court. 

Question.  An  elective  office  ? 

Answer.  Yes,  sir. 

Question.  And  he  took  the  "damned  nasty  oath?" 

Answer.  He  took  the  "damned  nasty  oath,"  and  offered  himself  as  a  candidate  for  clerk 
of  the  superior  court.  He  afterwards  manifested  the  same  disposition  to  me.  His  father, 
who  lives  in  the  city  with  me,  is  a  prominent  man  ;  was  prominent  in  the  rebellion  ;  was  a 
tax-gatherer  for  the  entire  State,  and  is  a  man  of  great  influence. 

Question.  Did  his  father  take  the  amnesty  oath  ? 

Answer.  That  I  cannot  say.  It  seems  to  me  he  was  not  pardoned  at  that  time.  I  am 
satisfied  he  did  not  take  it  from  me.  They  shunned  me  because  I  was  very  particular  about 
the  manner  in  which  I  administered  it.  There  were  others  of  the  committee  who  were  not 
so  particular  as  I  thought  they  ought  to  be,  and  they  went  to  them  in  preference  to  me. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  federal  debt  contracted  in  the 
prosecution  of  the  war  —  are  they  willing  to  pay  it  ? 

Answer.  There  is  no  willingness  expressed  on  that  subject  whatever.  Their  expression 
is,  that  they  have  quite  enough  of  their  own  debts  to  pay. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  confederate  debt  —  would  they 
be  willing  to  pay  it  also? 

Answer.  I  cannot  say  as  to  that.  They  would  be  very  willing  that  their  money  should  be 
made  good.  They  regret  that  they  had  not  a  sufficient  number  of  soldiers  to  enable  them  to 
succeed  in  the  rebellion.  They  said  that  if  they  had  been  able  to  obtain  enough  soldiers 
they  would  have  got  their  freedom. 

Question.  Do  you  know  anything  about  their  future  plans  ? 

Answer.  I  do  not.  They  would  be  sure  to  keep  them  from  me.  There  are  only  three 
Union  men  in  the  town  where  I  live  —  myself,  the  postmaster,  and  an  old  man  of  over  eighty. 

Question.  In  case  of  a  foreign  war  between  this  country  and  England  and  France,  what 
would  be  the  course  pursued  by  the  secessionists  ? 

Answer.  I  believe  that  a  majority  of  them  would  go  with  the  enemy.  Speaking  with  a 
prominent  man,  to  whom  I  administered  the  oath  very  reluctantly,  he  said  to  me,  "In  less 
than  five  years,  sir,  you  will  see  a  different  state  of  things."  I  did  not  feel  disposed  to  say 
much  to  him  about  it,  but  I  administered  the  oath,  and  as  he  took  it  he  said,  "  1  take  it  now, 
but  I  don't  take  it  willingly."  He  is  a  man  of  property.  They  take  the  oath  so  as  to  be 
eligible  as  voters,  in  order  to  put  down  the  Unionists.  I  told  Governor  Holden,  with  whom 
I  am  intimately  acquainted,  that  I  thought  he  had  done  wrong  in  recommending  the  pardon 
of  many  whom  he  did  recommend;  but  1  believed  then,  as  I  still  believe,  that  the  governor 
did  it  in  order  to  secure  his  election  to  the  governriship.  The  Union  men  of  Wayne  county 
got  together  to  select  men  for  the  magistracy  of  the  county.  They  could  only  fix  upon 
eighteen  persons  whom  they  could  recommeua.  They  sent  those  eighteen  names  to  Governor 


Holden  ;  but  subsequently  there  were  other  lists  sent  up,  increasing  the  number  to  thirty 
eight,  while  we  were  sure  there  could  be  but  eighteen  Union  men  in  the  whole  county 
There  were  eighty-four  magistrates  nominated  in  the  State  by  a  man  who  professed  to  be  a 
Union  man,  but  who  proved  to  be  a  traitor  ;  and  out  of  those  eighty-four  magistrates  we 
have  only  four  Union  men  all  told.  That  is  precisely  our  position. 

Question.  Could  u  Union  man  be  elected  to  an  office  in  Noith  Carolina? 


206  RECONSTRUCTION. 

Answer.  I  think  not.     No  Union  man  could  be  elected  in  Wayne  county. 

Question.  Is  your  legislature  now  in  session  ? 

Answer.  Yes. 

Question.  What  is  its  particular  character  ? 

Answer.  I  think  it  is  secescion.  I  think  a  majority  of  its  members  are  Fecessionists.  We 
have  some  good  Union  men,  but  they  are  very  few.  In  the  western  part  of  North  Carolina 
there  are  truer  Union  men  than  in  the  eastern  or  central  part. 

Question,  Men  who  have  borne  arms  in  the  rebel  ranks  are  generally  preferred,  I  suppose, 
for  office. 

Answer.  Yes,  sir.  There  was  a  man  who,  I  supposed,  was  a  guerilla,  Colonel  Kennedy. 
He  ran  for  the  convention  and  was  elected;  after  that  he  ran  for  sheriff  of  the  county  and 
was  elected.  He  is  one  of  the  most  hostile  men,  an  out-and-out  rebel,  and  does  not  deny  it. 

Question.  Had  he  taken  the  amnesty  oath  ? 

Answer.  I  presume  he  has,  else  he  could  not  hold  office. 

Question.  Do  you  regard  Governor  Holden  as  a  true  Union  man  ? 

Answer.  I  really  do  not  know  what  to  say  about  that.  I  leave  it  in  doubt.  We  are  in 
timately  acquainted.  I  think  that  Governor  Holden  would  try  to  do  right,  but  an  aged 
politician,  as  he  is,  having  a  view  to  office,  is  easily  swayed  from  the  right  path. 

Question.  How  do  they  feel  down  there  about  the  emancipation  of  their  slaves  ? 

Answer.  Very  sore.  When  the  President  declared  emancipation,  the  professed  Union  men 
went  over  in  a  body  to  rebellion. 

Question.  How  are  the  secessionists  disposed  to  treat  the  freedmen  in  North  Carolina? 

Answer.  They  were  not  satisfied  at  all  with  the  emancipation  of  their  slaves.  Necessity, 
howrever,  drives  them  into  a  sort  of  conciliation.  As  a  general  thing  the  negroes  do  not  like 
to  hire  with  their  former  masters.  They  are  willing  to  hire,  but  not  with  them,  and  1  do  not 
blame  them  for  it.  I  have  been  assisting,  and  still  am  assisting,  the  Freedmen's  Bureau, 
and  I  know  considerable  about  them.  Negroes  come  in  and  hire  out  for  $120  a  year,  and, 
not  being  accustomed  to  money,  they  think  that  a  great  amount.  One  gentleman  in  the 
neighborhood  hired  quite  a  number  at  that  rate,  paying  them  $2  50  a  month,  and  reserving 
the  balance  to  the  end  of  the  year.  If  they  continue  to  work  faithfully,  they  get  the  full 
amount  of  their  pay  ;  if  not,  the  matter  is  at  an  end,  and  they  forfeit  what  is  due  to  them. 

Question.  Is  that  a  rule  of  the  bureau  ? 

Answrer.  No,  sir ;  but  the  bureau  has  to  submit  to  it,  inasmuch  as  the  employer  and  the 
negroes  make  the  agreement^  We  have  a  very  good  man  in  charge  of  the  Freedmen's  Bu 
reau  there — a  Swiss.  About  fourteen  or  sixteen  miles  from  Goldsborough  there  has  been  a 
gang  of  men  banded  together,  one  of  them  being  the  son  of  a  wealthy  man  named  Cooley. 
Twro  negro  men  came  to  Raleigh,  having  two  fine  horses  with  them  and  three  at  home,  their 
object  being  to  hire  a  farm  from  Cooley.  They  called  at  his  house,  but  he  was  not  at  home. 
His  son  told  them  that  he  would  be  home  next  day,  and  asked  them  to  stay  over  Sunday. 
They  remained  until  Monday  morning;  but,  as  Cooley  did  not  come  home,  the  son  told  them 
where  they  could  get  land,  and  they  started  for  the  place.  They  had  not  gone  further  than 
about  three  miles  before  they  were  overtaken  by  young  Cooley  and  two  others  mounted. 
They  stopped  the  negroes  and  wanted  them  to  swap  horses,  which  they  did  not  want  to  do. 
Cooley's  two  companions  went  on  ahead,  leaving  him  in  chat  with  the  negroes,  when  he  de 
liberately  shot  down  one  of  them  while  they  were  riding  together.  The  other  got  down  to 
see  about  his  brother,  when  Cooley  fired  two  shots  at  him,  but  missed  him.  The  negro  then 
ran  into  the  woods,  leaving  his  dead  brother  in  the  road,  and  leaving  the  two  horses,  which 
he  never  got  back.  Three  or  frmr  weeks  ago  three  soldiers  were  sent  out  in  company  with 
a  man  who  knew  the  gang  to  try  and  arrest  the  murderer.  They  got  to  Cooley's  house  be 
tween  dawn  and  sunrise,  and  inquired  for  him,  but  they  were  told  tie  was  not  there.  A  man 
whom  they  met  there  made  an  otter  as  if  he  would  take  the  gun  from  one  of  the  soldiers, 
when  the  soldier  shot  him.  They  then  left  the  place  and  retreated  to  Goldsborough.  The 
three  soldiers  got  in,  and  the  guide  got  as  far  as  the  precincts  of  the  town,  Avben  he  was  shot 
down  dead ;  1  saw  his  corpse.  Some  ten  or  twelve  had  mounted  on  horseback  and  followed 
them  into  the  town,  where  they  committed  the  murder.  That  is  the  position  we  are  in. 

Question.  Are  these  scenes  of  violence  of  frequent  occurrence  in  the  State.' 

Answer.  No,  sir;  this  took  place  in  the  northern  part  of  the  county.  In  the  southeast 
part  of  the  county  another  occurrence  took  place,  which  I  will  mention.  I  had  induced  some 
officers,  when  the  army  was  at  Goldsborough,  to  give  to  negroes  some  decrepit  mules,  saving 
that  they  could  go  out  in  the  country  and  cultivate  some  unoccupied  land.  They  went  out 
on  the  land  of  a  Mr.  Atkinson  and  made  a  good  crop.  About  the  time  to  house  it,  they  had 
a  religious  meeting  one  Sunday  evening,  when  a  band  of  men  came  to  the  meeting-house 
and  took  from  them  the  coats  they  had  on  their  backs,  which  they  had  g6t  from  federal  sol 
diers?  then  they  took  their  knives  and  meat  and  laid,  and  last  of  all,  they  took  their  mules 
also.  That  occurred  some  two  mouths  ago.  The  Freedmeu'5  Bureau  has  no  soldiers  to  pro 
tect  the  negroes. 

Question.  Was  any  attempt  made  to  arrest  and  punish  these  offenders  ? 

Answer.  Yes  ;  the  agent  wrote  to  the  captain  of  the  Home  Guard  to  arrest  these  men.  The 
captain  of  the  Home  Guard  sent  word  that  he  had  his  hogs  to  kill  and  could  not  go.  Then 
ihe  lieutenant  was  called  upon,  but  he  could  not  go.  The  blacks  pursued  them  until  they 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  207 

came  to  a  bridge  that  was  burned  over  the  river,  and  they  conld  not  go  any  further.  Six 
weeks  after  that  the  Freedmeif  s  Bureau  had  one  of  the  men  arrested,  and  he  is  under  bonds 
of  five  thousand  dollars  to  appear  for  trial.  There  ought  to  be  a  well-mounted  company  of 
soldiers  kept  regularly  at  such  posts.  There  are  some  wealthy  men  in  the  county  who  have 
excellent  land  which  they  do  not  use,  and  I  really  think  there  would  be  no  impropriety  in 
leaving  them  so  much  land,  and  renting  out  the  balance,  if  not  confiscating  it,  to  pny  ex 
penses.  One  of  these  rebels  last  year  made  $14,000  in  cotton.  This  year  the  negroes  will 
not  work  for  him. 

Question.  How  do  they  feel  in  reference  to  the  blacks  remaining  with  them  ? 

Answer.  They  are  for  having  them  sent  away — colonizing  them  somewhere — they  do  not 
say  where. 

Question.  Did  you  know  of  any  combinations  or  associations  among  the  blacks,  having 
in  view  any  outrages  on  the  property  of  the  whites,  last  Christmas  ? 

Answer.  None,  whatever;  I  heard  rumors,  but  I  believe  they  were  without  foundation.  I 
have  spoken  to  many  negroes  ab'»ut  it,  and  I  never  believed  there  was  the  slightest  founda 
tion  for  suspecting  anything  of  the  kind. 

Question.  You  do  not  suppose  that  any  such  plan  ever  existed  ? 

Answer.  No,  sir,  I  don't  believe  it;  but  there  is  great  cause  to  provoke  the  negroes  to  in 
surrection. 

Question.  Is  there  any  other  fact  that  you  wish  to  mention  to  the  committee  ? 

Answer.  I  do  not  know  of  anything  in  particular. 

Question.  What  effect  has  President  Johnson's  liberality  in  granting  pardons  and  amnes 
ties  had  upon  the  minds  of  secessionists? 

Answer.  I  think  that  he  has  done  it  for  an  effect.  I  was  speaking  to  a  prominent  man  on 
that  subject  recently.  Said  I  to  him,  "You  have  got  your  pardon?"  Said  he,  "Yes;  Presi 
dent  Johnson  is  as  dependent  upon  us  as  we  are  upon  him."  "  In  what  way  ?"  said  I.  Said 
he,  "  He  will  be  a  candidate  for  the  presidency,  although  he  says  he  will  not  be,  and,  doubt 
less,  he  wants  to  make  us  his  friends."  But  even  in  that  I  think  he  will  be  foiled.  I  believe 
that  if  Robert  E.  Lee  were  pardoned,  and  were  to  set  up  for  President,  the  south  would  give 
him  ten  votes  for  the  one  they  would  give  to  Mr.  Johnson.  If  Zebulon  Vance,  the  ex-rebel 
governor,  was  pardoned,  ami  wasvto  run  in  opposition  to  Mr.  Worth,  our  present  goArernor, 
he  would  get  twenty  Votes  for  Worth's  one.  Worth  was  elected  against  Holden.  1  do  think 
that  if  ever  I  can  see  the  President  myself,  I  will  talk  to  him  about  these  things.  I  have  got 
a  letter  of  introduction  to  him,  and,  it  he  will  allow  me,  I  will  tell  him  in  all  kindness  what 
the  effect  of  his  liberal  policy  is.  I  preached  in  twenty  counties  prior  to  the  war,  and  I  have 
been  since  notified  of  the  fact  that  I  cannot  go  there  to  preach  any  more.  I  have  asked  what  the 
matter  was,  and  have  been  told;  "-You  have  taken  sides  with  the  north  ;  you  are  a  sympathizer 
with  them.  If  you  were  not  with  us,  you  ought  to  have  left  the  country."  My  answer  has 
been,  "  No ;  I  was  not  dissatisfied  with  the  United  States.  It  was  you  that  were  dissatisfied, 
and  you  should  have  left  the  country."  I  do  believe  that  of  those  twenty  counties  I  cannot 
go  iuto  more  thau  one  county  to  preach,  and  I  am  not  satisfied  that  I  could  even  go  there 
with  safety. 

Question.  Do  you  think  that  North  Carolina  is  fit  to  be  readmitted  into  the  Union? 

Answer.  No,  sir;  I  do  not.     In  some  of  the  western  counties  there  are  a  few  loyal  men. 

Question.  You  do  not  think  there  is  loyal  reeling  enough  in  North  Carolina  to  justify  Con 
gress  in  readmitting  her  into  the  Union? 

Answer.  I  do  not ;  I  wish  I  could  think  so. 

Question.  If  they  had  another  opportunity,  do  you  think  they  would  try  to  get  out  of  the 
Union  ? 

Answer.  I  think  so ;  that  is  my  candid  opinion. 

Question.  And  you  think  that  they  would  even  join  a  foreign  government  at  war  with  the 
United  States  if  by  doing  so  they  could  secure  their  independence  ? 

Answer.  I  do  think  so  ;  and,  furthermore,  I  do  not  think  it  safe  for  the  negroes  to  be 
there  unless  some  strenuous  effort  is  made  for  their  protection,  and  for  the  protection  of  loyal 
men.  We  are  classed  together.  About  three  weeks  ago  a  mob  passed  by  my  house,  calling 
out  for  the  "  old  gray- headed  son  of  a  bitch  of  a  Yankee  sympathizer."  Some  time  after 
wards  they  came  back,  uttering  the  same  evil  towards  me.  I  really  think  they  will  burn 
-my  house  yet. 

Question.  Do  you  regard  your  life  as  safe  ? 

Answer.  No,  sir.     I  am  not  afraid,  but  I  do  not  think  I  am  safe. 

Question.  Is  such  treatment  as  you  have  mentioned  common  to  Union  men  ? 

Answer.  Yes,  sir ;  it  is. 


WASHINGTON,  D.  C.,  February  21,  1866. 
Dexter  H.  Clapp  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  What  position  have  you  been  recently  occupying  in  the  service  ? 
Answer.  I  was  lieutenant  colonel  of  the  38th  United  States  colored  troops.     I  am  now  lo 


203  RECONSTRUCTION7. 

cated  in  Pitt  county,  North  Carolina.  I  have  been  on  duty  in  the  Bureau  of  Refugees, 
Freed  men,  and  Abandoned  Lands,  in  charge  of  twenty  counties  in  the  central  part  of  North 
Carolina.  I  was  on  such  duty  from  July  7,  J865,  to  January  J5,  18(56. 

Question.  Of  what  State  are  you  a  native? 

Ausner.  New  York. 

Question.  Have  you  mingled  much  with  the  people  of  North  Carolina  since  you  have  been 
there  ? 

Answer.  I  have  been  constantly  brought  in  contact  with  all  classes  of  people. 

Question.  How  do  the  secessionists  of  North  Carolina  feel  towards  the  government  of  the 
United  States? 

Answer.  They  have  no  inclination  of  opposing  the  government  by  open  war  any  further. 
I  think  they  have  no  more  love  for  the  government  than  at  any  time  during  the  rebellion, 
and  only  submit  to  it  as  a  necessity.  The  more  sensible  portion  of  them  intend  to  make  the 
best  that  they  can  of  it. 

Question.  Do  you  hear  regrets  expressed  frequently  at  the  results  of  the  fight  ? 

Answer.  I  hear,  very  constantly,  evidences  of  grea£  regret  at  the  result  of  it  among  a 
large  portion  of  the  people.  There  is  a  great  desire  to  get  back  fully  into  the  Union.  I  am 
well  satisfied  that  it  is  now  the  intention,  when  they  get  back,  to  unite  with  whatever  par 
ties  at  the  north  they  can  unite  with  to  repudiate  the  national  debt.  That  has  been  settled 
on  and  has  been  brought  to  my  attention. 

Question.  Did  that  information  come  to  you  from  sources  entitled  to  your  respect  and  cre 
dence  ? 

Answer.  It  did,  sir.  Perhaps  I  should  not  say  there  is  a  settled  arrangement  or  con 
spiracy  for  the  purpose,  but  that  it  is  a  sort  of  common  understanding,  an  expected  thing. 
Some  of  the  most  sensible  and  shrewd  men  in  the  State  have  told  me  so. 

Question.  Do  they  seem  to  surmise  that  there  is  any  such  party  at  the  north  as  will  con 
sent  to  a  repudiation  of  the  national  debt  ? 

Answer.  Yes,  sir ;  they  expect  to  succeed  in  it. 

Question.  That  northern  party,  I  suppose,  is  what  we  generally  call  the  democratic  party 
or  copperhead  party  ? 

Answer.  Yes,  sir. 

Question.  How  do  they  feel  toward  the  black  republican  party  of  the'north  ? 

Answer.  They  look  upon  them  with  the  greatest  hatred,  the  greatest  ill-will  imaginable 
for  one  class  of  men  to  feel  towards  another. 

Question.  Would  it  be  safe  for  a  member  of  that  party  from  the  north  to  attempt  to  estab 
lish  himself  in  North  Carolina  and  to  carry  on  business  there? 

Answer.  There  would  be  great  danger  at  the  present  time  to  a  person  known  as  a  radical. 
There  would  be  great  danger  to  any  northern  man  when  military  protection  is  withdrawn ; 
still  I  do  not  mean  to  say  that  I  am  afraid  to  remain  there. 

Question.  What  effect  would  it  have  to  withdraw  the  United  States  troops  and  the  Freed- 
men's  Bureau  from  North  Carolina? 

Answer.  I  think  that  all  northern  men  would  be  in  great  danger  of  personal  injury,  and 
that  the  freedmen  would  be  without  any  protection  whatever,  and  subject  to  great  oppres 
sions  and  wrongs  of  all  kinds.  I  think  that  killing  freedmen  would  be  the  rule. 

Question.  How  many  federal  troops  are  there  in  the  State  of  North  Carolina  now  ? 

Answer.  Three  regiments. 

Question.  Where  are  they  chiefly  stationed  ? 

Answer.  I  think  there  are  five  companies  at  Raleigh ;  six  men  at  Goldsborough,  simply 
guarding  some  government  stores  ;  there  is  a  portion  of  a  regiment  in  what  is  called  the 
eastern  district,  at  Newbern.  There  are  three  regiments  altogether  in  North  Carolina. 

Question.  How  are  the  Union  troops  treated  down  there  by  the  secessionists  ? 

Answer.  As  a  general  thing  they  are  treated  respectfully.  The  secessionists  dare  not  treat 
them  in  any  other  way  There  is  a  very  wholesome  fear  of  the  federal  soldiers.  A  lieuten 
ant  died  at  my  house  a  short  time  ago,  who  attempted  to  make  an  arrest  connected  with  a 
series  of  most  outrageous  murders.  I  can  relate  the  circumstances  if  you  desire  it. 

Question.  Go  on  and  give  the  narrative. 

Answer.  Some  eight  weeks  ago  several  returned  rebel  soldiers,  from  Pitt  county,  went 
into  the  village  of  Washington  and  commenced  shooting  and  beating  Union  men.  Several 
assaults  were  made,  and  at  least  one  Union  man  was  publicly  whipped  in  the  streets,  and 
some  negroes  were  wounded.  One  of  the  party  was  badly  wounded  by  a  person  whom  they 
attacked.  On  their  return  they  met  on  the  public  highway  a  negro.  They  first  castrated 
•him  and  afterwards  murdered  him  in  cold  blood.  These  persons  a  short  time  afterwards 
went  into  the  village  of  Washington  and  gave  themselves  up  to  the  civil  authorities  and  were 
placed  in  jail ;  but  they  soon  escaped  by  overpowering  the  jailer.  An  order  was  issued  by  Gen 
eral  Paine,  commanding  the  eastern  district,  to  the  police  of  that  county  to  arrest  them.  This 
was  not  done,  and  no  effort  whatever  was  made  to  arrest  them.  General  Paine  then  ordered 
'the  chief  of  police,  of  Pitt  county,  to  be  tried  by  military  commission  for  neglect  of  duty. 
General  Paine  was  soon  afterwards  relieved  from  command,  to  be  mustered  out  of  the  ser 
vice,  by  an  order  emanating,  I  presume,  from  the  Secretary  of  War,  but  not  connected  with 
this  matter.  I  think  for  some  weeks  no  further  action  was  taken  in  the  matter. 


VIRGINIA — NORTH   CAROLINA— SOUTH   CAROLINA.  209 

Question.  Where  is  General  Paine  from  ? 

Answer.  From  Boston,  Massachusetts.  Meanwhile  this  party  continued  to  commit  out 
rages  on  freodmen  and  Union  men.  I  know  that  several  negroes  were  shot  by  them,  and  it 
is  reported  to  me  that  a  large  number  were  shot  and  otherwise  maltreated  by  them.  On  the 
y.~>th  of  December  the  father  of  one  of  these  parties,  an  old  man  named  Kearney,  was  at  the 
store  of  Church  i'erkins,  in  Pactolus,  Pitt  county,  and  left  about  two  o'clock  to  go  home. 
About  that  time  an  elderly  man  answering  to  the  description  of  that  man  rode  up  to  a  plan 
tation  called  the  Ebon  place,  where  two  negro  boys,  ten  and  twelve  years  old,  were  playing 
in  the  yard,  no  other  persons  being  at  the  plantation.  He  ordered  them  to  go  before  him  on 
the  road,  threatening  them  with  his  double-barrelled  gun.  He  tbok  them  a  quarter  of  a  mile 
dov.-u  the  road  and  then  one  mile  direct  into  a  swamp,  and  there  he  shot  them,  killing  one 
instantly  and  wounding  the  other.  The  one  who  was  wounded  soon  came  back,  and  with  his 
father  and  the  mother  of  the  one  who  was  killed  went  to  Pactolus  and  reported  the  matter  to 
Lieutenant  Sjuith.  He  went  with  them  and  found  the  body  ;  shortly  after  that  reports  were 
made  to  the  district  commander  at  New«bern  that  this  party  was  intending  to  "clean  out"  (that 
is  the  phrase  they  use)  certain  northern  gentlemen  in  that  vicinity,  and  a  party  was  sent  by 
Colonel  Wheeler,  consisting  of  Lieutenant  Kenyon,  of  the  twenty-eighth  Michigan,  and 
eight  mounted  men.  They  succeeded  in  arresting  all  but  one  of  this  party,  but  the  prisoners 
escaped  the  same  night.  Two  nights  after,  the  soldiers  returned  to  the  house  of  this  man, 
Phil.  Kearney,  a  man  of  considerable  wealth,  and,  in  endeavoring  to  make  the  arrest,  Lieu 
tenant  Kenyon  was  shot.  The  gentleman  living  next  to  Kearney's  refused  to  admit  Ken- 
yon  into  his  house,  although  he  was  in  a  dying  condition.  He  was  brought  to  my  room  at 
Pactolus,  and  after  about  four  days  he  died.  A  party  of  soldiers  are  now  at  that  place  en 
deavoring  to  arrest  this  man. 

John  Stauly,  a  nephew  of  Governor  Edward  Stanly,  of  North  Carolina,  the  law  officer  of 
the  eastern  district  under  the  provisional  government,  told  me  at  the  time  of  these  transac 
tions  that  it  would  not  be  safe  for  any  person  to  express  in  any  public  place  his  disapproba 
tion  of  these  acts ;  that  his  life  would  be  immediately  the  forfeit  thereof. 

Question.  Is  Stanly  still  in  office? 

Answer.  No,  sir ;  he  went  out  with  the  provisional  government ;  he  would  not  stay  in  the 
country,  and  has  gofie  to  California. 

Question.  What  is  your  opinion  about  the  danger  of  any  person  expressing  disapprobation 
of  these  atrocities  ? 

Answer.  Personally,  I  think  he  exaggerated  a  little,  and  yet  at  that  time  his  remark  was 
correct.  I  intend  to  live  there,  and  I  intend  always  to  express  my  opinion  ;  but  things  here 
look  as  if  it  might  be  dangerous.  I  am  now  living  on  a  cotton  plantation  at  Pactolus. 

Question.  How  many  persons  do  you  suppose  this  gang  was  composed  of? 

Answer.  About  rive.  Of  the  thousand  cases  of  murder,  robbery,  and  maltreatment  of  freed- 
meii  that  have  come  before  me,  and  of  the  very  many  cases  of  similar  treatment  of  Union 
citizens  in  North  Carolina,  I  have  never  yet  known  a  siugle  case  in  which  the  local  authori 
ties  or  police  or  citizens  made  any  attempt  or  exhibited  any  inclination  to  redress  any  of  these 
wrongs  or  to  protect  such  persons.  The  substance  of  this  statement  was  made  by  me  in  cor 
respondence  with  Governor  Holden.  That  seems  to  me  the  worst  indication  of  the  state  of 
society  there — worse  than  the  fact  that  these  things  take  place. 

Question.  Do  you  suppose  that  the  omission  on  the  part  of  the  authorities  to  interfere  and 
enforce  justice  arises  from  their  own  fears  of  the  ruffians,  or  from  their  sympathies  with  the 
ruffianism  ? 

Answer.  I  think  it  comes  from  both  causes  ;  it  would  not  be  correct  to  assign  either  as  a 
specific  cause. 

Question.  How  did  Governor  Holden  demean  himself  towards  such  outrages ;  did  he  make 
any  efforts  as  governor  of  the  State  to  punish  them  .' 

Answer.  I  know  of  no  such  e^ort  thaj  he  has  made. 

Question.  Have,  these  scenes  been  brought  to  his  attention  ? 

Answer.  I  cannot  say  that  they  have,  but  he  must  have  known  of  them. 

Question.  Have  they  not  been  subjects  of  newspaper  comments  ? 

Answer.  Yes,  sir;  I  have  known  of  several  instances  in  which  outrages  were  committed, 
and  in  which  he  exerted  his  influence  with  the  military  authorities  to  have  them  passed  over. 
I  can  specify  some  particular  instance. 

Question.  Do  so. 

Answer.  A  sergeant  of  the  local  police,  Guion  Earp,  of  Johnson  county,  brutally  wounded 
a  freed  men  when  in  his  custody,  and  while  the  man's  arms  were  tied,  by  striking  him  on  the 
head  with  his  gun,  coining  up  behind  his  back;  the  freedman  having  committed  no  olleiice 
whatever,  that  was  shown. 

Question.  How  is  that  military  police  organized  ;    is  it  constituted  under  the  State  laws" 

Answer.  No,  sir;  it  is  constituted  by  the  military  authorities,  and  it  was  supposed  that  the 
best  Union  men  were  selected  fur  the  duty.  This  freedman  lay  in  the  hospital,  which  is 
under  iny  charge,  at  the  point  of  death,  for  several  weeks.  The  sergeant  of  the  police  h;;d 
searched  his  house  previously  for  stolen  meat,  'but  did  not  find  any.  The  same  day  he 
whipped  another  freedman.  having  searched  his  house  and  found  no  stolen  property  there. 
He  whipped  him  so  that  from  his  neck  to  his  hips  his  back  was  one  mass  of  gushes,  and  so 
14  V  NC86C 


210  RECONSTRUCTION 

that  after  being  untied  he  sank  on  the  ground  and  lay  there  insensible  all  night,  and  was 
found  there  next  morning.  While  Sergeant  Earp  was  under  my  charge,  and  while  I  was  in 
vestigating  the  matter,  very  many  prominent  citizens  interested  themselves  to  have  him  en 
tirely  discharged,  he  having  been  tried  by  a  military  commission  and  sentenced  to  one  month's 
imprisonment.  I  was  told  by  General  Hardiii,  commanding  tlie  central  district  of  North 
Carolina,  that  a  large  portion  of  the  members  of  the  constitutional  convention  interpoM-«l. 
first,  with  General  linger  for  his  pardon,  and  then  by  a  petition  to  the  President,  to  whom  the 
proceedings  have  all  been  sent.  I  do  uot  know  whether  any  action  has  been  taken  by  the 
President  or  not.  '  9 

Question.  Was  Earp  imprisoned  on  conviction? 

Answer.  He  was  paroled  by  General  Ruger,  awaiting  the  publication  of  his  sentence.  Ke 
had  been  imprisoned  some  six  weeks. 

Question.  Are  scenes  like  these  which  you  have  described  of  frequent  occurrence  in  North 
Carolina  ? 

Answer.  They  are,  in  portions  of  it,  not  immediately  in  the  vicinity  of  military  posts,  but 
away  from  them. 

Question.  Does  a  Unionist  or  a  freed  in  an  stand  much  chance  for  justice  in  the  State  courts  ? 
Answer.  I  think  not,  emphatically.  There  is  so  great  a  demand  for  labor  ia  North  Caro 
lina  that  that  demand  is  operating  very  favorably,  indeed,  for  the  protection  of  the  freedmen, 
and  is  his  only  protection,  except  the  military,  at  the  present  time.  Those  counties  where 
there  were  the  greatest  number  of  freedmeu  rind  now  that  they  have  not  near  enough  black 
laborers.  All  who  were  there  have  hived  out  and  gone  to  work.  They  did  this  at  Christ 
mas  time.  Before  that  they  objected  to  hire  for  another  ye,ar.  I  had  twenty  planters  from 
Edgecombe  county*,  the  best  cotton  county  in  the  State,  applying  to  me  for  laborers.  I  could 
hire  out  two  thousand  colored  men  in  one  day  if  I  had  them.  The  high  price  of  cotton  is 
,  the  only  protection,  aside  from  the  military  authorities,  that  I  know  of  for  the  freedmeu.  I 
regard  that  as  a  providential  protection. 

Question.  Do  the  planters  appear  to  be  willing  to  pay  freed  men  fair  wages  ? 
Answer.  Portions  of  them  do,  and  portions  of  them  do  not. 

Question.  Suppose  it  were  left  within  the  power  of  the  people  of  North  Carolina  at  this 
time  to  say  whether  or  not  they  would  reduce  the  black  race  again  to 'slavery ;  would  they 
do  so? 

Answer.  They  would,  sir.  ,    • 

Question.  Do  you  suppose  that  there  are  any  persons  of  consequence  in  North  Carolina 
who  contemplate  another  secession,  or  a  movement  for  southern  independence  ? 

Answer.  1  have  no  reason  to  think  that  there  are.  I  think  they  are  thoroughly  subdued, 
as  far  as  fighting  is  concerned. 

Question.  In  case  of  a  war  between  the  United  States  and  any  foreign  rjower,  such  as 
England  or  IVance,  and  in  case  there  should  happen  to  be  a  prospect  of  securing  southern 
independence,  so  called,  what  would  be  the  course  that  would  probably  be  taken  by  the 
secessionists  of  North  Carolina  ? 

Answer.  I  think  the  large  majority  of  the  secessionists  of  North  Carolina  would  adopt  any 
course  giving  them  any  reasonable  hope  of  obtaining  independence,  but  I  think  they  have  no 
idea  of  fighting. 

Question.  For  that  purpose  they  would,  in  your  opinion,  join  the  common  enemy  ? 
Answer.  Yes,  sir,  I  believe  a  large  portion  of  them  would  do  so  if  they  thought  there  was 
any  reasonable  prospect  of  success ;  but  I  am  clear  in  the  idea  that  they  would  not  tight  the 
north  any  more.     They  are  entirely  satisfied  with  their  experiment. 

Question.  Goon  and  relate  any 'other  facts  that  you  may  know  of,  illustrating  the  state  bf 
feeling  in  North  Carolina. 

Answer.  A  freedman  by  the  name  of  Cotton,  living  at  Pittsburg,  Chatham  county,  was 
assaulted  by  a  white  man.  He  defended  himself.  A  fight  ensued  which  terminated  in  the 
freedman's  running  away  to  preserve  his  life.  He  was  arrested  by  the  military  police  and 
p*ut  into  jail,  which  was  the  means  of  saving  his  life  from  the  mob.  He  was  tried  by  the 
provisional  justice  the  same  night  (Saturday  night)  about  ten  o'clock,  and  sentenced  to  be 
publicly  whipped  at  the  pillory.  The  sentence  ran  in  this  way:  "  Give  him  ten  lashes  at  10 
(  o'clock;  let  him  wear  a  barrel-shirt  for  two  hours,"  (that  is,  a  barrel  with  one  head  out  and  a 
hole  cut  into  the  other  head  large  enough  to  let  a  man's  head  through,)  "  twenty  lashes  at  I '2 
o'clock  ;  then  to  be  tied  up  by  the  thumbs  for  two  hours,  his  toes  touching  the  ground  only; 
then  nine  lashes;  then  to  be  tied  up  by  the  thumbs  for  two  hours  more."  The  deputy  sheriff 
ft  remonstrated  against  inflicting  the  penalty.  He  was  ordered  by  the  provisional  justice 
(Long)  to  inflict  the  punishment,  and  if  he  refused  to  do  so  he  should  be  punished  himself. 
While  the  justice  was  writing  out  the  sentence  in  the  court-room,  the  negro  was  assaulted  by  the 
man  with  whom  he  had  the  difficulty  ;  the  white  man  first  snapiug  a  pistol  at  the  freedman, 
then  striking  him  with  it  twice  on  the  head,  felling  him  to  the  ground  insensible  and  in  an 
apparently  dying  -condition.  The  deputy  sheritV  removed  the  colored  man  to  the  jail,  and  states 
that  he  went  to  the  justice  and  remonstrated  against  inflicting  the  punishment  under  those 
circumstances,  stating  that  he  did  not  expect  the  freedman  to  be  alive  in  the  morning  ;  and 
even  if  he  were,  he  would  die  under  the  infliction  of  the  penalty.  He  states  that  the  justice 
still  insisted  upon  his  inflicting  the  penalty,  which  the  deputy  sheriff  did,  with  the  exception, 
as  he  states,  of  letting  the  negro's  feet  rest  partially  on  the  ground.  l<%is  penalty  was  in- 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  211 

flicted  in  violation  of  the  laws  of  the  State  of  North  Carolina,  which  only  allow  a  man  to  be 
whipped  on  sentence  after  a  trial  by  a  jury — that  is,  a  white  man.  In  this  case  there  was 
no  jury ;  there  was  un  examination  simply  by  the  justice.  9 

Question.  Who  appointed  that  blackguard  justice  ? 

Answer.  Governor  Holden. 

Question.  Were  these  tacts  ever  brought  home  to  the  knowledge  of  Governor  Holden  ? 

Answer.  I  cannot  say  that  they  were. 

Question.  Is  he  still  in  office  ? 

Answer.  No,  sir;  the  provisional  government  has  passed.  I  wrill  state,  also,  that  for  two 
months  I  was  utterly  unable  to  get  this  justice  brought  to  trial,  although  every  effort  in  my 
power  was  made.  The  black  man  lived  through  the  punishment,  but  I  never  could  find  him 
afterwards.  In  the  lower  portions  of  Johnson  county,  and'  in  Sampson  arid  Duplin  coun 
ties,  being  in  the  vicinity  of  the  battle  of  Bentonville,  many  freedmen  had  obtained  worn- 
out  horses  and  mules  from  the  army  and  from .  the  battle-field.  These  have  all  been  taken 
away  from  them,  either  by  midnight  robbery  or  open  violence.  The  military  police  and  lo 
cal  militia  have  repeatedly,  in  different  sections  of  the  district,  disarmed  the  negroes  against 
all  authority  and  against  military  orders;  members  of  the  military  police  are  often  brought 
up  before  the  military  authorities  for  such  offences,  but  there  is  such  a  vast  amount  of  work 
to  be  done  by  the  military,  that  it  is  impossible  to  do  full  justice.  In  the  immediate  vicinity 
of  military  posts  things  are  in  a  very  good  condition.  They  are  a  great  deal  worse  in  some 
sections  than  in  others.  General  Hardin,  commanding  the  district,  has  been  very  constant 
and  efficient  in  his  labors  to  maintain  order  and  to  insure  justice  to  all  classes. 

An  old  colored  woman  named  Janey,  and  her  daughter,  Mary  Ann,  were  whipped  by 
William  Barnes,  a\i  aged  planter  in  Wilson  county,  so  cruelly,  that  when  they  came  before 
the  officers  of  the  bureau,  their  backs,  from  the  neck  to  the  hip,  were  a  mass  of  gashes.  For 
some  four  months  I  endeavored  to  have  this  man  brought  to  trial,  but  was  unable  to  do  so  on 
account  of  the  exertions  of  the  prominent  citizens  of  Raleigh  and  Goldsborough.  These  are 
representative  instances  which  illustrate  the  general  state  of  feeling  there. 

Question.  Do  you  imagine  that  it  would  answer  to  withdraw  the  United  States  troops  and 
the  Freedmeu's  Bureau  from  North  Carolina  ? 

Answer.  I  do  not ;  I  think  it  would  be  very  disastrous  indeed  ;  I  think  it  would  crush, 
out  the  Union  sentiment. 

Question.  And  produce  a  state  of  anarchy  ? 

Answer.  Yes,  sir ;  although  I  think  they  would  have  such  a  system  as  they  have  foeeft 
used  to  having.  The  negroes  would  be  subdued,  and  also  the  Union  men,  ana  the  people- 
would  establish  a  sort  of  civil  government  and  maintain  order  after  their  manner* 


WASHINGTON,  February  23,  1866. 
J.  A.  Campbell  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  What  official  position  do  you  hold  ? 

Answer.  I  am  lieutenant  colonel  and  assistant  adjutant  general  of  the  department  of  North, 
Carolina. 

Question.  Are  you  connected  with  the  Freedmen's  Bureau  ? 

Answer.  No,  sir.  % 

Question.  How  long  have  you  been  holding  that  position  ? 

Answer.  Ever  since  the  department  of  North  Carolina  was  organized^  which  was  in  the 
latter  part  of  January,  1865. 

Question.  At  what  places  have  you  chiefly  spent  your  time  ? 

Answer.  Until  the  capture  of  Raleigh,  on  the  14th  of  April,  I  had  spent  my  time  between 
the  coast  and  Raleigh  in  the  field,  at  Wilmington,  Newbern,  and  in  the  field.  Since  the  cap 
ture  of  Raleigh  I  have  been  stationed  in  that  city. 

Question.  Have  y^ou  travelled  much  about  the  State  since  you  have  been  there  ? 

Answer.  Not  very  much ;  I  have  been  as  far  as  Greeusborough  at  the  west.  I  went  up  there 
at  the  time  of  the  surrender  of  Johnston's  army,  to  arrange  some  preliminaries  with  General 
Schofield. 

Question.  How  do  you  find  the  state  of  public  feeling  in  North  Carolina  toward  the  gov~ 
ernment  of  the  United  States  and  toward  the  loyal  people  ?  I  refer,  of  course,  to  the  seces 
sionists.  4 

Answer.  I  think  they  feel  as  disloyal  to-day  as  they  did  in  1861 ;  I  think  they  have  no 
greater  love  for  the  government ;  if  anything,  their  hatred  is  deeper.  They  have  no  feeling 
of  respect  for  the  administrators  of  the  government  in  all  its  branches — nothing  but  a  deep- 
seated  hatred  among  the  secessionists.  There  are  Joyal  men  in  the  western  part  of  the  State, 
•most  of  them;  I  see  that  in  some  of  the  representatives  which  they  send  to  the  legislature. 
I  have  not  been  further  west  than  Greeusborojugh. 

^Questiou.  What  proportion  of  the  people,  in  the  great  body  of  the  State,  are  loyal — that  is, 
friendly  to  the  government  ? 


212  RECONSTRUCTION. 

Answer.  I  do  not  think  that  there  is  more  than  one-fifth  of  the  people  loyal,  perhaps  one- 
fourth,  including  the  western  part. 

Question.  On  what  is  this  opinion  of  yours  founded  that  they  are  bitterly  hostile  to  the 
government  of  the  United  States? 

Answer.  I  am  brought  into  contact  with  the  citizens  daily  from  my  position.  I  always 
see  those  who  have  business  with  the  commanding  general,  and  am  brought  into  contact  with 
them  and  hear  their  expressions  and  opinions.  1  judge  also  from  the  tone  of  some  of  their 
newspapers. 

Question.  What  do  their  leading  citizens  say  about  the  government  ?  What  expressions 
have  you  heard,  habitually  or  occasionally,  from  them,  on  which  you  found  that  opinion? 
What  incidents  have  come,  under  your  observation  leading  to  that  belief? 

Answer.  A  member  of  the  present  legislature  told  me  one  day  that  the  people  there  would 
never  have  the  same  love  for  the  old  government  that  they  had  before.  I  judge  it  also  from 
the  remarks  that  I  have  heard  from  leading  men  to  the  effect  that  they  were  tired  of  the 
Yankees  there  and  wanted  to  s.ee  them  out,  and  from  the  votes  which  they  gave  for  their 
candidates  for  State  offices  at  the  election  for  governor  called  by  the. provisional  governor. 
Question.  When? 

Answer.  In  October  last.  The  candidates  for  governor  were  Governor  Holden  and  Mr. 
Worth.  Worth  was  run  by  the  secession  party. 

(Question.  Had  he  been  a  rebel?  » 

Answer.  He  had  not  been  an  active  rebel ;  at  the  commencement  of  the  war  he  was  a 
Union  man.  He  was  treasurer  of  the  State  before  the  secession  of  the  State.  He  continued 
to  hold  his  office  as  treasurer  during  the  time  the  State  was  out  of  the  Union,  and  was  ap 
pointed  by  Governor  Holden  provisional  treasurer. 

Question.  These  two  were  rival  candidates  for  the  governorship  in  October,  1865? 
Answer.  Yes,  sir. 

Question.  Of  what  parly  was  Holden  the  nominee  ? 

Answer.  He  was  the  nominee  of  the  Union  party,  or  what  they  call  the  Union  party  there. 
Holden,  however,  had  been  at  the  commencement  of  the  war  a  very  bitter  opponent  of  the 
government  of  the  United  States;  but  for  the  two  years  preceding  the  close  of  the  war,  he 
had  been  an  opponent  of  Jefferson  Davis.  He  was  appointed  by  President  Johnson  provis 
ional  governor,  and  he  appointed  Worth  as  provisional  treasurer.  Worth  was  taken  up  by 
the  secessionists,  those  who  were  looked  upon  by  all  parties  as  rebels;  while  Holden  was 
taken  up  by  the  other  side.  The  cry  of  his  newspaper  organ  (it  used  to  be  owned  by  him 
self,  and  I  believe  it  was  still  kept  in  his  name)  was  this:  "The  issue  before  die  people  is 
4  Holden  and  go  into  the  Union,  or  Worth  and  stay  out.''"  That  was  the  motto  of  Holden's 
paper.  By  these  means  Holden  got  many  votes  from  men  who  would  otherwise  have  given 
their  votes  to  Worth. 

Question.  Was  that  a  paper  of  large  circulation? 

Answer.  Yes ;  I  think  it  is  a  paper   of  pretty  large  circulation  and  of  considerable  influ 
ence.     It  was  formerly  the  democratic  organ  of  the  State ;  Holden  was  formerly  its  editor, 
and  it  was  really  the  leading  paper  of  the  State  for  a  dozen  years  or  more.     It  was  still  con 
ducted  nominally  by  his  sou  while  he  was  provisional  governor. 
Question.  Did  Worth  address  the  people  during  the  canvass? 
Answer.  He  did. 

Question.  What  was  the  general  tone  of  his  remarks  ? 

Answer.  The  general  tone  of  his  remarks  was  to  the  effect  that  he  was  as  good  a  Union 
man  as  Mr.  Holden.  I  never  heard  any  of  his  speeches,  but  I  know  that  that  was  the  gen 
eral  tone  of  his  friends;  they  all  claimed  to  be  Union. 

Question.  What  do  they  understand  by  being  Union  men  ?  What  is  the  general  idea  at 
tached  to  it? 

Answer.  I  think  that  they  mean  that  a  Union  man  is  one  who  is  willing  to  accept  the  sit 
uation  that  has  been  forced  upon  them. 

Question.  Are  they  not  all  willing  to  accept  the  situation  as  forced  upon  them? 
Answer.  A  great  number  of  them  accept  it  under  protest.  They  would  be  very  willing, 
if  an  opportunity  occurred,  to  oppose  the  government,  if  they  thought  there  was  any  chance 
for  them  in  doing  so.  I  think  it  could  be  stated  in  this  way :  That  they  are  almost  positive 
that  there  is  no  chance  for  a  successful  opposition  to  the  government  of  the  United  States  by 
arms.  It'  they  thought  there  was  a  chance,  (but  they  would  have  to  be  very  certain,  because 
they  have  had  such  a  lesson  already,)  if  they  were  very  certain  of  success,  I  have  no  doubt 
that  three-fourths  of  that  State  would  turn  against  the  government. 

Question.  Suppose  we  should  have  a  foreign  war  with  England  x>r  France,  and  there  should 
be  apparently  a  prospect  of  establishing  southern  independence,  so  called;  what  would  you 
anticipate  would  be  the  course  pursued  l»y  the  people  of  North  Carolina? 

Answer.  The  answer  I  have  just  given*  you  would  apply  to  that  in  some  manner.  They 
have  had  such  a  terrible  lesson  that  they  would  have  to  be  very  certain;  but  in  ease  they 
were  very  certain  they  could  unite  with  a  foreign  nation,  so  as  to  achieve  their  independence^ 
I  think  three-fourths  of  the  people  would  do  it. 

Qut-siiou.  State  whether  you  have  heard  remarks  of  that  kind  among  influential  men. 
Answer.  No,  sir;  I  never  heard  remarks  of  that  kind.     I  judge  merely  from  what  I  see  in 


VIRGINIA — NORTH   CAROLINA SOUTH'  CAROLINA.  213 

the  newspapers  and  from  the  general  tone  of  the  people.  They  would  not  be  apt  to  make 
such  a  remark  to  me.  I  have  no  social  intercourse  with  the  people  down  there. 

Question.  Have  you  been  in  the  habit  of  hearing  contemptuous  expressions  towards  the 
government  of  the 'United  States  among  the  North  Carolinians — expressions  of  hatred,  ill 
will,  and  dislike,  or  towards  the  loyal  people  of  the  north  ? 

Answer.  Not  so  much  myself,  but  they  have  come  to  me  through  other  sources. 

Question.  You  have  been  so  informed  by  others  ? 

Answer.  Yes,  sir. 

'Question.  By  persons  who  were  truthful? 

Answer.  Yes,  sir ;  from  persons  in  whom  I  have  every  confidence,  and  whom  I  know  to  b$ 
truthful.  They  would  not  make  any  remark  of  that  kind  in  my  presence. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  United  States  debt  contracted 
in  the  prosecution  of  the  war — would  they  repudiate  it  if  they  could? 

Answer.  I  can  only  judge  from  my  general  knowledge  of  the  people,  and  I  have  no  doubt 
in  the  world  that  nineteen- twentieths  of  the  people  of  that  State  would  repudiate  it  if  they 
could. 

Question.  What  would  they  do  in  regard  to  the  confederate  debt  contracted  in  the  prose 
cution  of  the  rebellion — would  they  assume  it  and  pay  it,  or  would  they  repudiate  that  also  ? 

Answer.  They  would  assume  and  pay  that  part  of  it  for  which  they  think  the  State  of 
North  Carolina  is  responsible.  The  State  of  North  Carolina,  I  believe,  indorsed  some  o£  the 
bonds.  The  debt  is  in  such  a  condition  that  they  consider  the  State  of  North  Carolina  re 
sponsible  for  part  of  it.  That  part  of  it  they  would  pay. 

Question.  What  is  the  general  feeling  in  North  Carolina  towards  the  freedmen? 

Answer.  I  think  the  feeling  is.  hatred  more  than  anything  else.  It  is  a  vindictive  feeling, 
a  determination  to  wreak  upon  them  vengeance  for  wrhat  they  think  they  have  suffered  them 
selves.  . 

Question.  State  whether  you  have  authentic  information  of  maltreatment  of  freedmen  on 
.the  part  of  whites ;  and  give  some  instances,  whether  within  your  personal  knowledge  or 
derived  from  reliable  information. 

Answer.  I  have  had  official  reports  made  to  me  of  at  least  two  hundred  cases  of  mallreat- 
ment  of  different  kinds,  more  or  less,  some  of  them  cases  of  homicide.  One  man  named  Ivy 
was  tried  before  a  military  commission,  sentenced,  and  a  few  days  since  sent  to  the  Auburn 
penitentiary  for  ten  years  for  killing  a  freedman.  Another,  a  woman,  Mrs.  Ball,  was  being 
tried  at  the  time  I  left  Raleigh  for  the  murder  of  a  freedman.  I  do  not  know  whether  it  was 
made  out  murder  or  justifiable  homicide ;  but  as  the  case  was  reported  to  me  it  was  murder. 
Another  woman,  Temperance  Mealy,  living  near  Salisbury,  I  think,  shot  a  slave.  She  was 
tried  by  a  military  commission,  and  sentenced  to  pay  a  fine  of  $1,000,  which  fine  I  am  told 
was  made  up  for  her  within  two  or  three  days  by  the  citizens  of  the  county. 

Question.  What  county  was  that? 

Answer.  I  think  she  lived  in  Rowan  county.  It  was  in  that  portion  of  the  State,  at  all 
events. 

Question.  Can  you  state  any  other  instances  of  maltreatment  of  the  blacks? 

Answer.  There  was  a  case  reported  in  Pitt  county  of  a  man  named  Carson  who  murdered 
a  negro.  There  was  also  a  case  reported  to  me  of  a  man  named  Cooley  who  murdered  a 
negro  near  Goldsborough.  Neither  of  these  men  has  been  tried  or  arrested.  We  have,  not 
been  able  to  arrest  them,  and,  of  course,  I  do  not  know  certainly  that  they  committed  these 
crimes. 

Question.  How  many  troops  are  stationed  in  North  Carolina  now  ? 

Answer.  Three  regiments  and  one  battery  of  artillery. 

Question.  What  regiments  are  they  ? 

Answer.  The  37th  United  States  colored  troops,  raised  mostly  along  the  coast  of  North 
Carolina,  the- 128th  Indiana  infantry,  the  2bth  Michigan  infantry,  and  a  company  of  the  3d 
United  States  artillery. 

Question.  At  what  points  are  they  chiefly  stationed  ? 

Answer.  They  are  stationed  at  the  forts  at  the  mouth  of  Cape  Fear  river,  at  FoVt  Macon, 
at  the  mouth  of  Neuse  river,  at  Morehead  City,  Wilmington,  Newborn,  Raleigh,  Salisbury, 
Ashville,  Morganton.  I  believe  that  there  are  from  one  to  four  or  five  companies  at  each  of 
those  places. 

Question.  Have  you  any  reason  to  suppose  that  there  are  guerilla  bands  in  frorth  Carolina 
prepared  to  do  mischief  or  to  disturb  the  peace  ? 

Answer.  I  do  not  know  that  I  can  state  that  that  is  the  case.  It  has  been  reported  to  me 
several  times  that  there  were  such  bauds,  but  in  sifting  the  reports  down  I  could  not  find 
that  they  were  organized  bauds,  which  went  regularly  to  work ;  although  I  have  known  of 
persons  banding  together  and  taking  the  law  into  their  own  hands.  A  case  occurred  at 
Goldsborough  not  long  since,  where  a  guide  went  out  with  two  United  States  soldiers  to  unvst 
a  man.  They  could  not  find  the  man  whom  they  went  to  arrest,  but  they  saw  another  man 
at  his  house  who,  as  the  guards  told  me.  attempted  to  run.  The  guide  halted  him,  told  him 
that  they  came  to  arrest  him,  and  shot  him  immediately.  The  citizens  got  after  the  guide, 
followed  him  into  the  town  of  Goldsborough,  and  shot  him  inside  the  town.  The  party  con 
sisted  of  from  twenty  to  thirty  citizens. 


214  RECONSTRUCTION. 

Qu&stion.  Did  they  shoot  him  by  way  of  avenging  the  crime  which  he  committed  in 
shooting  the  man  he  was  in  pursuit  of .' 

Answer.  Yes,  sir.  I  went  to  Go.ldsborough  the  next  dny,  and  the  agent  of  the  bureau  re 
ported  to  me  that  there  was  an  organized  b;ui<I  there.  I  took  about  twenty  men  with  me 
and  went  into  the  country  some  ten  miles,  but  I  could  find  no  evidence  that  there  was  any 
organized  band.  I  think  it  was  just  a  party  got  up  on  the'spur  of  the  moment  to  kill  this 
guide. 

Question.  Were  the  persons  who  shot  the  guide  arrested  and  brought  to  justice  ? 

Answer.  I  tried  to  arrest  them  that  day.  I  arrested  two  of  the  men  whose  names  were 
reported  to  me.  One  of  them  escaped,  and  the  other  I  could  not  find  anything  against.  Up 
to  this  time  tlu; "others  have  not  been  arrested,  but  I  was  assured  by  a  member  of  the  legis 
lature,  who  lives  in  that  county,  that  they  would  be  arrested  by  the  civil  authorities.  I  was 
assured  by  a  committee  of  citizens  at  Goldsborough,  who  came  to  see  me,  that  if  I  would 
promise  that  the  man  who  shot  this  guide  would  not  be  interfered  with  by  military  law  they 
would  have  him  arrested  and  tried  by  civil  law.  I  replied  to  them  that  1  would  not  promise 
any  such  thing;  that  if  he  had*beeu  arrested  by  civil  law  I  did  not  think  the  military  would 
have  interfered,  but  that  we  claimed  the  right  to  interfere  it  we  chose;  anyhow.  A  few  days 
afterwards  a  member  of  the  legislature  told  me  that  they  would  have  these  men  arrested  and 
tried  by  the  civil  law.  •  • 

Question.  Uo  you  know  whether  they  have  been  arrested  ? 

Answer.  They  had  not  been  up  to  the  time  I  left  Raleigh.  I  left  Goldsborough  that  same 
evening.  I  had  taken  a  company  of  men  there  with  me  to  make  the  arrests ;  but  I  brought 
them  away  because  I  found  that  the  parties  were  all  gone,  and  I  knew  that  they  would  stay 
away  as  long  as  the  soldiers  were  there. 

Question.  Was  the  guide  a  Unionist  ? 

Answer.  There  were  different  reports  about  that. 

Question.  Was  he  a  native  of  North  Carolina  ? 

Answer.  I  was  told  by  the  citizens  of  Goldsborough  that  he  was  a  native  of  Michigan,  a 
deserter  from  a  Michigan  regiment.  I  AYUS  fold  by  some  other  citizens  that  he  was  a  native  of 
North  Carolina.  I  really  do  not  know  anything  about  it  The  sheriff  of  the  county  told  me 
that  he  had  him  in  jail  there  for  eight  mouths  ;  and  I  was  told  by  another  person,  who  was 
a  witness  in  the  case  of  the  United  States  against  Gee,  the  keeper  of  the  Salisbury  prison, 
that  that  guide  was  a  spy  of  Gee's  in  the  Salisbury  prison.  I  think,  from  all  the  evidence  1 
could  find  about  the  guide,  that  he  was  an  outlaw  and  had  been  the  terror  of  the  country  ; 
and  I  thought  that  perhaps  that  was  the  reason  why  the  citizens  had  armed  and  come  out 
after  him. 

Question.  Was  there  any  excuse  for  his  firing  on  the  man  of  whom  he  was  in  pursuit ; 
was  there  any  justification  for  it  ? 

Answer.  Not  the  least  in  the  world  that  I  was  able  to  find  out.  I  saw  the  man  myself, 
and  saw  his  wound.  The  bullet  entered  the  hip  from  behind  and  came  out  above  his  left 
groin. 

Question.  Was  the  guide  armed  ? 

Answer.  He  was  armed. 

Question.  Is  that  allowable? 

Answer.  It  is  something  we  never  allow.     I  do  not  know  where  he  got  his  arms. 

Question.  Did  the  guard  order  the  guide  to  fire  ? 

'  Answer.  Oh,  no  ;  the  guide  ordered  the  guard- to  fire,  but  the  guard  would  not  do  so,  and 
he  fired  himself.  I  do  not  blame  the  people  so  much  for  shooting  that  guide.  The  man 
whom  he  shot  he  had  never  seen  before.  I  speak  of  that  as  the  only  case  where  it  was  re 
ported  to  me  there  was  an  organized  guerilla  band.  I  went  down -to  find  it  out,  and  I  was 
convinced  that  it  was  not  an  organized  band.  I  believe  there  was  another  case  reported  to 
me  from  Pitt  county,  but  I  know  less  about  that  than  about  this  case. 

Question.  What  would  be  the  consequence  of  a  withdrawal  of  the  troops  of  the  United 
States  from  North  Carolina  ? 

Ariswer.  I  think  that  if  the  United  States  troops  were  withdrawn  from  North  Carolina  the 
property  of  loyal  men  and  the  persons  of  freedmeu  would  not  be  safe. 

Question.  Why  not  ? 

Answer.  TUe  feeling  against  them  is  so  vindictive  and  bitter 

Question.  If  the  great  mass  of  the  people  of  North  Carolina  had  it  in  their  power,  would 
they  re-establish  the  slavery  of  the  black  race  there,  think  you? 
Answer.  I  think  they  would. 

Question.  How  do  they  feel  in  regard  to  the  education  of  the  blacks  ? 

Answer.  I  cannot  answer  that.  I*  have  never  heard  any  remarks  made  about  it  par 
ticularly. 

Question.  How  do  they  treat  the  Union  men  from  the  north  ? 

Answer.  I  think  that  they  would  bo  disposed  to  take  every  lawful  advantage  of  them 
which  they  could,  as  long  as  our  troops  are  there;  and  after  the  troops  were  gone  I  think 
they  would -be  disposed  to  take  every  unlawful  advantage. 

Question.  Do  you  think  they  would  be  inclined  to  expel  them  from  their  midst  ? 

Answer.  Yes,  sir;  I  have  no -doubt  they  would  be  iacliued  to  do  that. 


VIRGINIA— NORTH    CAROLINA — SOUTH    CAROLINA.  215 

Question.  Are  the  rights  of  Unionists  from  the  north  and  south  safe  in  the  State  courts  of 
North  Carolina  I 

Answer.  It  is  a  pretty  hard  thing  to  say  about  the  courts  ;  but  I  do  not  think  they  would 
be.  If  I  had  any  property  I  would  not  trust  it  before  the  courts  there  as  against  a  rebel. 

Question.  What  is  your  opinion  as  to  the  effect  of  that  feeling  of  dislike  on  the  minds  of 
jurors  who  might  be  called  on  to  try  cases  between  man  and  man?  Would  a  Unionist  be 
likely  to  receive  an  impartial  verdict  at  the  hands  of  a  North  Carolina  jury  ? 

Answer.  I  do  not  think  he  would. 

Question.  Have  you  heard  of  any  complaints  on  that  account  since  you  have  been  there  ? 

Answer.  I  do  not  recollect  that  I  have  heard  of  any  complaints  in  cases  of  trial  by  jury. 
I  have  heard  of  several  complaints  in  regard  to  the  action  of  magistrates  as  against  Union  or 
northern  men.  I  believe  that  by  the  laws  of  North  Carolina  any  man  can  swear  before  the 
clerk  of  the  court  that  a  party  indebted  to  him  is  attempting  to  leave  the  State  and  to  swindle 
him,  arid  can  get  a  writ  for  his  arrest.  ,  There  was  a  case  of  this  kind  two  days  before  I  left 
the  State.  It  was  claimed  that  a  gentleman  from  the  north  had  not  fiflfilled  a  contract,  and 
owed  another  party  a  certain  sum.  This  party  went  before  the  clerk  of  the  court  and  swore 
out  a  writ,  and  had  the- man  arrested.  The  sheriff  brought  him  up  to  my  house,  with  his 
attorney,  who  stated  to  me  that  there  was,  to  his  knowledge,  nothing  against  the  man  except 
what  was  already  covered  in  a  suit  in  equity.  In  default  of  five  thousand  dollars  bail  he 
would  have  had  to  go  to  jail  until  the  session  of  the  court,  next  month,  I  think. 

Question.  Did  he  give  the  bail  ? 

Answer.  He  could  not  give  the  bail. 

Question.  What  did  you  do  ? 

Answer.  I  went  down  to  General  Ruger,  commanding  the  department,  and,  on  the  affi 
davit  of  the  party  who  was  arrested,  the  general  told  me  to  direct  his  release  by  the  sheriff, 
and  to  place  the  party  in  military  arrest  until  such  time  as  the  judge  (who  was  absent) 
should  return.  The  next  day  there  was  a  case  of  a  similar  character  against  another  man, 
except  that  there  was  no  suit  already  covering  the  case.  The  sheriff  came  to  me  with  the 
man.  In  default  of  five  thousand  dollars  bail  he  would  have  been  taken  up  into  one  of  the 
coast  counties  and  kept  in  jail  there  till  November  next.  All  that  I  did  was,  by  direction  of 
General  Ruger,  to  tell  the  man  that  I  placed  him  in  military  arrest,  and  to  give  a  paper  to 
the  sheriff  telliug  him  that  he  could  make  that  return  on  his  writ,  that  this  man  was  under 
military  arrest,  and.  that  the  State  of  North  Carolina  being  under  martial  law,  he  was  not 
liable  to  arrest  by  the  civil  authorities.  That  is  the  way  the  case  stood  the  time  I  left.  I 
refer  to  these  instances  to  show  what  the  feeling  is,  and  what  justice  a  northern  man  can  get 
in  the  courts  there. 

Question.  Is  ex-Governor  Holden  esteemed  to  be  a  loyal  man  in  North  Carolina  ? 

Answer.  He  is  to-day  looked  upon  as  a  supporter  of  the  President. 

Question.  What  effect,  in  your  judgment,  has  President  Johnson's  liberal  policy  in  grant 
ing  pardons  and  amnesties  to  the  rebels  had  upon  their  minds  towards  the  government  of  the 
United  States  ?  Has  it  increased  their  love  for  it,  or  has  it  had  an  opposite  effect  ? 

Answer.  I  do  "not  think  that  it  has  increased  m  the  least  their  respect  and  love  for  the 
government. 

Question.  Has  it  had  a  tendency  to  make  them  more  or  less  defiant  and  contemptuous  to 
the  government  ? 

Answer.  It  has  had  a  tendency  to  make  them  more  defiant,  I  think. 

Question.  In  case  the  government  of  the  United  States  was  in  danger  of  destruction  or 
overthrow,  would  they  lend  it  a  helping  hand? 

Answer.  I  do  not  believe  they  would,  unless  it  was  done  against  their  will  by  draft 
ing,  &c. 

Question.  Would  they  willingly  l^nd  it  a  helping  hand  ? 

Answer.  No,  sir ;  I  do  not  think  they  would. 

Question.  Do  they  appear  to  like  some  other  government  better  than  they  do  that  of  the 
United  States? 

Answer.  I  have  never  heard  any  expression  in  regard  to  that.  I  cannot  answer  it  with 
certainty. 

Question.  Is  there  any  party  in  that  State  that  favors  the  idea  of  a  monarchy  rather  than 
a  republic  in  this  country? 

Answer.  I  do  not  know  that  there  is  any  large  party  that  favors  that  idea.  I  think  that  a 
number  of  planters  and  aristocrats  about  Raleigh  do. 

Question.  WThat  amount  of  popularity  has  Jefferson  Davis  in  the  State  of  North  Carolina  ? 

Answer.  I  think  that  Davis  is  not  a  very  popular  man  in  the  State. 

Question.  What  faults  in  his  character  do  they  point  out  ? 

Answer.  The  system  of  nepotism  and  favoritism  which  he  pursued  in  the  appointment  of 
officers  in  the  army  and  in  the  civil  government,  and  the  injustice  which  they  thought  he 
did  to  the  State  on  several  occasions,  are  some  of  the  principal  objections  to  him. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  state  to  the  committee? 

Answer.  Nothing,  except  that  my  observations  have  been  mostly  in  the  central  and 
eastern  part  of  the  State.  I  cannot  speak  so  much  for  the  western  part,  which  I  understand 
is  more  loyal.  I  have  been  speaking ,pf  the  central  and  eastern  part  of  the  State,  and  espe 
cially  about  Raleigh,  where  I  have  been  stationed  about  a  year 


216  y  RECONSTRUCTION. 

WASHINGTON,  February  21 ,  1866. 
General  Rufus  Saxton  sworn  and  examined. 

• 
By  Mr.  HOWARD  : 

Question.  Yon  were  in  command  in  South  Carolina? 

Answer.  I  w;is  assistant  commissioner  of  the  Freedmen's  Bureau  there. 

Question.  How  long  did  you  occupy  that  position  there? 

Answer.  I  was  assistant  commissioner  from  the  time  of  the  organization  of  the  bureau  in 
June  last  until  the  15th  of  January,  when  I  was  removed. 

Question.   Who  removed  you — the  President  of  the  United  States7 

Answer.  I  do  not  know,  sir;  I  was  removed  by  order  of  Major  General  Howard,  the  Com 
missioner. 

Question.  Who  was  appointed  in  your  place? 

Answer.  General  R.  K.  Scott,  of  Ohio. 

Question.  At  whose  request  have  you  reason  to  believe  you  were  removed? 

Answer.  I  have  reason  to  believe  that  I  was  removed  through  the  influence  of  the  late 
rebels  in  South  Carolina. 

Question.  What  leading  rebels  among  them  do  you  refer  to  ? 

Answer.  I  cannot  answer  that  question  from  positive  knowledge;  I  only  can  give  my 
general  impression  that  I  was  removed  through  the  influence  of  William  Wlmley,  Governo'r 
Aiken,  of  South  Carolina,  and  others.  Governor  Aiken,  claiming  to  be  elected  the  member 
of  Congress  from  the  Charleston  district,  came  ,to  my  office  and  desired  me  to  restore  to  his 
possession  the  lands  formerly  belonging  to  him,  on  the  ground  that  they  were  not  abandoned, 
He  abandoned  his  lands  to  cast  his  fortunes  with  the  confederacy  shortly  after  the  arrival 
of  the  expeditionary  corps,  commanded  by  General  Sherman,  in  1861.  General  Sherman, 
upon  his  arrival  in  South  Carolina,  issued  a  proclamation  promising  all  persons  who  should 
remain  quietly  in  their  homes  ample  protection  for  life  and  property.  There  was  nothing  to 
prevent  Governor  Aiken  from  casting  his  fortunes  with  the  Union.  I  was  informed,  in  addi 
tion,  by  authority  which  I  deem  reliable,  that  Governor  Aiken  was  largely  interesfed  in 
blockade-running,  profiting  more  largely  by  it  than  almost  any  other.  I  had  located  a  num 
ber  of  freedmeu,  who  had  always  been  loyal,  in  forty-acre  tracts  upon  these  lands  in  accord 
ance  with  my  orders  from  Major  General  Sherman,  (Specral  Field  Order  No.  15.)  For 
t!  ese  reasons  I  declined  to  return  to  Governor  Aiken  the,  property  claimed  by  him,  without 
positive  orders  to  do  so  from  the  War  Department.  I  was,  shortly  afterwards,  arid  after  the 
v>it  of  the  lieutenant,  general  to  South  Carolina,  mustered  out  of  the  service  and  relieved 
from  duty  as  the  State  commissioner.  I  have  no  positive  information  upon  the  subject,  but 
it  is  my  strong  belief  that  it  is  to  the  misrepresentations  of  such  men  as  Governor  Aiken, 
William  Wlniley,  and  others  who  have 'been  disloyal,  to  the  authorities,  that  I  owe  niy 
removal.  If  their  statements  could  have  been  met  By  those  of  the  real  Union  men  and  of 
the  intelligent  freedrnen,  the  case  might  have,  been  different. 

Question.  Do  you  know  whether  Governor  Aikeu  took  any  part  in  the  rebellion? 

Answer.  I  have  understood  that  he  was  engaged  in  blockade-running,  and  that  lie  profited 
largely  by  that ;  I  can  only  say  this  from  report.  That  is  the  general  rumor  and  impression. 

Question.  Did  this  report  come  to  you  from  such  authentic  sources  as  to  lead  you  to  be 
lieve  it  1 

Answer.  It  came  to  me  from  a  gentleman  who  stated  to  me  that  he  had  seen  the  dividend 
on  account  of  stock  of  those  engaged  in  blockade-running,  and  that  a  large  share  was  given 
to  Governor  Aiken  as  one  of  the  stockholders.  He  told  me  that  lie  had  had  this  paper  in  his 
own  possession  ;  he  had  it  not  then,  but  he  informed  me  that  he  knew  where  it  ^  as.  I  un- 
de'.  stood  that  he  had  seen  it  himself. 

QIK  srion.  Was  that  a  truthful  man  who  gave  you  this  information? 

Answer.   I  believe  him  to  be  so  ;  he  was  a  minister. 

Question.  Have  you  any  objection  to  giving  his  name  ? 

Answer.  No,  sir;  I  refer  to  Mansfield  French,  of  Charleston. 

Question.  ( 'an  you  state  whether  any  report  of  the  fact  of  his  having  been  engaged  in 
blockade-running  was  ever  made  to  the  government  of  tin-  United  States? 

Answer.  No,  sir;  I  cannot.  I  can  state  that  it  was  generally  believed  in  Charleston  by 
every  person  whom  I  heard  speak  of  it. 

Question.  Did  Governor  Aikeu  reside  in  Charleston  during  the  war? 

Answer,  lie  resided  in  that  vicinity,  I  understood. 

Question.  Did  this  reverend  gentleman  state  to  you  the  amount  Governor  Aiken  mad^by 
blockade-running? 

Answer.  N»>,  sir;  he  did  not.  He  only  stated  that  he  had  profited  much  larger  than  any 
other  person  in  the  firm. 

Question.   Do  you  know  Governor  Orr? 

Answer.  1  do  not. 

Question.  What  is  the  general  impression  down  there  about  the  late  election  between  Gov 
ernor  Orr  and  Wade  Hampton? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  217 

Answer.  It  is  the  general  impression  that  General  Wade  Hampton  was  elected  by  a  con 
siderable  majority.  I  have  heard  that  fact  asserted  positively. 

Question.  How  did  it  happen  that  he  was  not  declared  governor? 

Answer.  It  was  understood  that  the  votes  were  thrown  out,  perhaps  as  a  matter  of  policy. 

Question.  Thrown  out  by  whom? 

Answer.  I  cannot  say. 

Question.  Are  you  able  to  state  who  composed  the  board  of  canvassers  who  declared  the 
result  of  the  election  ? 

Answer.  I  cannot  say  at  present. 

Question.  Were  they  officers  of  the  State  ? 

Answer.  I  cannot  say,  b.ut^  would  recommend  a  full  investigation  into  the  election  of- 
Governor  Orr. 

Question.  Was  or  was  not  that  board  composed  of  State  officers  of  South  Carolina  ? 

Answer.  I  do  not  know  how  the  votes  were  counted  or  how  the  election  was  conducted. 

Question.  Is  Governor  Orr  esteemed  to  be  a  loyal  man  in  South  Carolina? 

Answer.  I  think  he  is  as  loyal  as  the  average  of  South  Carolinians. 

Question.  Describe  the  kind  of  loyalty  of  which  that  average  of  South  Carolinians,  in 
your  opinion,  is  possessed. 

Answer.  I  believe  that  Governor  Orr  belongs  to  the  best  class  of  so-called  loyal  men  in 
South  Carolina.  I  believe  there  is  a  small  portion  of  people  in  South  Carolina  who  desire 
earnestly  to  fulfil  their  obligations  to. the  United  States  government.  I  believe  that  a  large 
majority,  probably  nine-tenths,  of  the  people  of  South  Carolina  are  opposed  to  the  govern 
ment,  and  look  to  their  connexion  with  it  as  the  greatest  calamity  which  could  befall  South 
Carolina,  and  desire  a  separate  organization.  I  believe  that  a  Union  man  holding  and  advo 
cating  Union  sentiments  cannot  be  elected  to  any  office  in  the  gift  of  the  whites  of  South 
Carolina.  It  is  my  belief  that  Governor  Orr's  great  popularity  in  the  State  in  former  days 
influenced  a  large  vote  in  his  favor;  and  it  is  my  further  conviction  that  his  popularity  was 
weakened  by  the  less  prominent  part  he  seemed  to  have  taken  during  the  rebellion.  Had  he 
been  as  active  as  Wade  Hampton,  his  popularity  would  have  been  increased  in  proportion. 
I  mention  this  as  the  indication  that  there  is  no  real  reformation ;  that,  in  their  own  words, 
they  are  overpowered,  not  conquered,  and  that  they  regard  their  treason  as  a  virtue,  and  loy 
alty  as  dishonorable.  General  Wade  Hampton  positively  declined  to  be  a  candidate  for  the 
office  of  governor.  Had  the  white  people  of  South  Carolina  thought  that  he  would  accept, 
in  my  opinion  his  majority  would  have  been  far  greater  than  it  was. 

Question.  Howare  secessionists  there  in  the  habit_  of  speaking  of  the  government  of  the 
United  States  ;  what  is  their  tone  and  style  in  speaking  of  it? 

Answer.  They  speak  of  it  as  '  your  government,"  or  as  the  "United  States  government;" 
I  have  yet  to  hear  a  single  one,  even  though  he  had  taken  the  oath  of  allegiance,  call  it 
"  our "  government.  They  speak  of  it  as  the  government  of  a  foreign  nation.  I  think 
their  hatred  of  the  Yankee,  as  they  call  him,  is  thoroughly  intense. 

Question.  Have  your  opportunities  been  good  to  learn  the  state  of  popular  feeling  in  South 
Carolina  towards  the  government  of  the  United  States  ? 

Answer.  They  have  been  peculiarly  favorable ;  I  have  travelled  over  portions  of  the  State 
and  have  conversed  with  large  numbers  of  people  in  rny  office ;  I  have  talked  with  the 
freedmen,  and  I  have  studied  the  reports  of  my  agents  throughout  the  State.  I  think  I  have 
had  better  opportunities  of  discovering  the  real  state  of  feeling  there  than  any  other  person, 
from  my  position. 

Question.  Suppose  the  United  States  should  be  engaged  in  a  wrar  with  any  other  powerful 
nation,  such  as  England  or  France,  and  suppose  in  the  progress  of  the  strife  it  should  become 
apparent  to  the  South  Carolinians  that  they  had  a  reasonable  chance,  by  connecting  them 
selves  with  the  common  enemy,  to  achieve  their  independence  and  shake  off  the  government 
ol  the  Lnited  States ;  would  they  or  not,  in  your  opinion,  do  so? 

Answer.  I  believer  the  feeling  would  be  as  unanimous  to  join  that  other  government  against 
the  United  States  as  it  was  when  that  State  seceded  from  the  Union  at  first — that  is,  among 
the  white  people. 

Question.  Does  this  feeling,  in  your  judgment,  more  particularly  pervade  the  higher 
classes,  or  the  middle  classes,  or  the  lower  classes  of  the  whites,  or  does  it  pervade  them  all  ? 

Answer.  I  think  it  pervades  throughout.  I  think  there  are  exceptions  to  it  among  the  edu 
cated,  but  they  are  few,  and  I  think  that  the  vast  number  of  the  ignorant  are  still  guided  by 
the  same  counsels  which  guidefl  them  in  seceding. 

Question  How  do  the  leading  politicians  in  South  Carolina  feel  in  regard  to  a  republican 
government,  as  you  and  I. understand  it;  I  do  not  speak  of  universal  suffrage  or  negro  suf 
frage,  but  of  a  democratic  repiiblican  government,  such  as  is  guaranteed  by  the  Constitution 
of  the  United  States,  and  such  as  exists  in -other  States  of  the  Union? 

Answer.  I  think  they  are  opposed  to  it. 

Question.  State  whether  you  have  heard  expressions  on  the  part  of  persons  of  standing  and 
consideration  in  South  Carolina,  or  whether  you  know  from  any  reliable  sources,  that  such 
is  the  feeling. 

Answer.  That  such  is  their  feeling  is  so  apparent  to  me  from  all  my  intercoiirse  with  them 
and  from  my  conversations  with  them,  that  I  cannot,  at  present,  specify  any  individual  case 


218  RECONSTRUCTION. 

in  which  this  subject  lias  come  up  :  but  it  is  my  belief  that  it  is  the  burden  of  nearly  all  their 
discussions  on  government.  If  I  had  supposed  that  my  attention  would  have  Ij.Vn  called 
to  that  subject  on  this  examination,  I  would  have  been  more  particular  on  this  point,  and 
would  have  been  able  to  furnish  many  instances  corroborative  of  this  view. 

Question.  Do  you  think  that,  to  use  a  common,  plain  expression,  the  great  masses  of  the 
people  of  South  Carolina ^hate  the  government  of  the  United  States  ? 

Answer.  I  do,  sir. 

Question.  What  is  their  feeling  towards  northern  men,  and  particularly  those  who  have 
been  hearty  and  earnest  in  the  prosecution  of  the  war  to  put  down  the  rebellion  ? 

Answer.  Their  feeling  is  hostile  to  northern  men.  As  a  general  thing  the  United  States 
uniform  is  more  likely  to  expose  a  person  to  insult  than  to  respect ;  and  a  man  in  full  rebel 
gray  uniform  can  go  from  one  end  of  the  State  to  the  other  without  receiving  the  slightest 
disrespect. 

Question.  How  are  Union  men,  whether  officers  or  civilians,  treated  by-. the  secessionists 
of  South  Carolina,  socially? 

^Answer.  They  are  treated  with' entire  neglect,  arid,  so  far  as  my  experience  goes,  with 
discourtesy.  My  wife  has  seldom  walked  the  streets  of  Charleston  without  being  insulted. 
I,  myself,  have  seldom  passed  through  the  streets  without  receiving,  from  man  or  woman, 
indignities. 

Question.  In  what  form  would  these  indignities  be  exhibited  ? 

Answer.  By  contortions  of  the  countenance,  making  up  faces,  and  perhaps  claiming  the 
whole  of  the  sidewalk,  and  in  other  ways.  I  speak  in  that  connexion  of  women.  I-  have 
been  informed  that  other  officers'  wives  have  been  subjected  to  the  same  discourtesies  by 
southern  women,  who  represent  in  more  direct  and  more  unmistakable  terms  the  true  state 
of  feeling  than  the  men  do,  from  the  fact  that  they  are  less  politic.  I  believe  that  if  the  army 
was  removed,  the  situation  of  northern  men,  if  they  expressed  Union  sentiments,  would  be 
perilous;  they  could  not  remain  there.  Teachers  of  colored  schools  throughout  the  State  give 
it  as  their  opinion  that  they  would  be  unable  to  remain  there  for  a  day  but  for  the  protection 
of  the  United  States  troops. 

Question.  And  particularly  of  the  Freedmeu's  Bureau  ? 

Answer.  And  particularly  of  the  Freed  men's  Bureau. 

Question.  What  military  force  has  the  United  States  in  South  Carolina? 

Answer.  I  cannot  answer  positively.  I  should  say  about  5,0(JO  men  ;  perhaps  not  so  many. 
They  have  been  mustering  out  lately. 

Question.  Where  art  they  principally  stationed  ? 

Answer.  Scattered  over  different  portions  of  the  State.  If  it  were  not  for  the  protection 
afforded  by  those  troops  the  officers  of  the  Freedmeu's  Bureau  could  not  remain  there. 

Question.  Do  you  think  they  would  be  driven  out  by  violence  ? 

Answer.  Yes,  sir;  it  is  my  belief  they  would  be  assassinated. 

Question.  W'hat  chance  do  Unionists,  especially  Unionists  from  the  north,  stand  for  pro 
tection  and  security  in  the  State  courts  of  South  Carolina  ? 

Answer.  The  State  courts  have  been  so  merged  in  the  military  courts  that  I  cannot  answer 
that  question  positively.  It  is  my  opinion  they  would  stand  a  very  poor  chance.  They 
have  what  they  call  provost  courts,  composed  of  citizens  and  one  officer.  It  lias  been  niy 
habit  to  require  reports  of  outrages  in  different  parts  of  the  district  to  be  sent  to  me  while  I 
was  commissioner,  and  I  have  a  large  pile  of  them.  At  the  end  of  the  month  I  have  been  in 
the  habit  of  making,  an  abstract  of  these  reports  touching  on  the  different  cases  brought  to 
my  attention.  These  reports  will  cover  but  a  small  portion  of  what  actually  happens. 
Northern  men  would  probably  fare  just  as  bad  in  the  courts  as  the  freedmen,  and  it  is  my 
belief  that  there  are  large  numbers  in  South  Carolina  who  would  consider  it  no  greater  crime 
to  kill  an  agent  of  the  Fieedmen's  Bureau,  who  claims  justice  for  those  committed  to  his 
chftrge,  than  to  kill  a  negro. 

Question.  Have  you  any  statement  in  writing  going  to  illustrate  ;the  treatment  of  the 
whites  toward  the  freedmen  .' 

Answer.  I  have  briefs  of  the  reports  that  reached  me  of  many  aggravated  cases  occurring 
within  the  several  districts.  I  have  the  original  reports  in  my  possession.  (Witness  presents 
the  briefs,  referred  to  and  which  are  annexed  to  his  testimony.) 

Question.  How  do  the  whites  in  South  Carolina  feel  about  the  education  of  the  freedmen? 

Answer.  I  believe  it  to  be  the  desire  of  a  large  majority  of  the  white  people  that  they  shall 
not  be  educated.  Some  intelligent  planters,  ho\ve\er,  have  assured  me  that  they  would  not 
oppose  the  education  of  the  freedmeu. 

Question.   Do  they  generally  appear  to  want  the  black  people  to  remain  among  them  .' 

Answer.   If  they  could  manage  them  in  their  way  they  desire  tliem  to  remain. 

Question.  How  do  you  think  they  will  manage  them  if  the  federal  troops  are  withdrawn, 
and  the.  Fieedmen's  Bureau  is  withdrawn? 

Answer.  I  think  it  will  be  the  purpose  of  their  former  masters  to  reduce  them  as  near  to  a 
condition  of  slaves  as  it  will  be  possible  to  do  ;  that  they  A\  ould  deprive  them  by  severe  legis 
lation  of  most  of  the  rights  of  freedmeu.  I  think  that  the  black  codes  that  have  passed  the 
legislature  of  the  State  are  a  sufficient  indication  of  the  truth  of  what  I  say,  and  the  most 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  219 

unjust  contracts  which  they  try  to  force  upon  the  freedmen,  and  which  they  ask  the  aid  of 
the  military  authorities  to  enforce. 

Question.  If  the  State  should  have  its  own  way  in  regard  to  the  freedmen,  \vhat,  in  your 
iudgmeut,  would  he  the  result  iu  the  course  of  time  ? 

Answer.  I  believe  it  will  lead  to  insurrection  and  a  war  of  races,  iu  which  the  United  States 
troops  will  be  called  upon  to  aid  in  the  extermination  of  the  black  race.  I  think  it  is  the 
belief  of  a  great  majority  of  the  former  niaslers  that  the  freedom  of  the  black  race  is  a  failure, 
and  that  slavery  is 'his  best  condition,  and  that  they  desire  to  pursue  such  a  policy  as  to  prove 
that  'they  are  correct  in  that  belief.  I  cau  see  no  hope  for  the  freedmen  except  through  the 
care  of  the  United  States  government. 

Question.  State  whether  that  doctrine  is  inculcated  by  persons  of  condition  in  South  Car 
olina,  from  the  pulpit,  in  lectures,  discourses  or  essays,  that  slavery  is  the  best  condition  for 
the  black  race. 

Answer.  I  believe  it  is  ;  I  have  seen  it  in  their  papers.  I  think  they  go  as  far  in  that  di 
rection  in  the  pulpit  and  press  as  it  is  possible  for  them  to  do  without  being  subjected  to  the 
•restraint  of  martial  laAv. 

Question.  Are  you  aware  that  the  blacks  have  arms  to  any  considerable  extent  iii  South 
Carolina  ? 

AHswer.  I  believe  that  a  great  many  of  them  have  arms,  and  I  know  it  to  be  -their  earn 
est  desire  to  procure  them. 

Question.  While  you  we're  in  command  there  has  any  request  been  made  to  you  to  disarm 
the  blacks  ? 

Answer.  I  cannot  say  that  any  direct  request  has  been  made  to  me  to  disarm  them ;  it 
would  not  be  my  duty  to  disarm  them,  as  I  was  not  the  military  commander,  but  I  have  had 
men  come  to  my  office  and  complain  that  the  negroes  had  arms,  and  I  also  heard  that  bands 
of  men  called  Regulators,  consisting  of  those  who  were  lately  in  the  rebel  service,  were  going 
around  the  country  disarming  negroes.  I  can  further  state  that  they  desired  me  to  sanction 
a  form  of  contract  which  would  deprive  the  colored  men  of  their  arms,  which  I  refused  to  do. 
The  subject  was  so  important,  as  I  thought,  to  the  welfare  of  the  freedmen  that  I  issued  a 
circular  on  this  subject,  which  circular  not  having  been  approved  by  the  military  commander 
was  not  published,  as  I  Avas  required  by  my  instructions  to  get  his  approval  to  all  my  circu 
lars  before  I  issued  them.  (Witness  furnishes  copy  of  circular  referred  to,  which  is  annexed 
to  his  testimony.)  I  will  further  add,  that  I  believe  it  to  be  the  settled  purpose  of  the  white 
people  of  South  Carolina  to  be  armed  and  thoroughly  organized,  and  to  have  the  whole  black 
population  thoroughly  disarmed  and  defenceless;  I  believe  that  is  the  settled  policy 

Question.  What  would  be  the  probable  effect  of  such  an  effort  to  disarm  the  blacks  ? 

Answer.  It  would  subject  them  to  the  severest  oppression,  and  leave  their  condition  no 
better  than  before  they  were  emancipated,  and  in  many  respects  worse  than  it  was  before. 

Question.  Have  you  any  reason  to  suppose  that  they  would  submit  to  be  disarmed  quietly  ? 

Answer.  I  do  not  believe  that  they  would,  provided  the  United  States  troops  were  with 
drawn  and  the  State  relieved  entirely  from  the  presence  of  martial  law. 

Question.  Do  you  think  they  would  resist  by  violence  such  an  attempt  to  disarm  them? 

Answer.  They  would,  provided  the  United  States  troops  were  not  present ;  their  respect 
to  the  United  States  government  is  very  great.  The  whole  teachings  of  the  agents  of  the 
Freedmen's  Bureari  have  been  to  them  that  they  must  never  lift  their  hands  against  the  Uni 
ted  States  government,  and  they  have  seen  the  effect  of  the  late  rebellion,  so  that  whatever 
the  United  States  government  says  they  will  observe  to  a  very  great  extent.  .But  if  the  gov 
ernment  protection  were  withdrawn,  and  they  were  left  entirely  to  the-ir  former  owners,  and 
this  attempt  to  disarm  them  were  carried  out,  I  believe  there  would  be  an  insurrection. 

Question.  Have  you  an  apprehension  that  that  state  of  feeling  among  the  blacks  which 
you  have  now  described  generally  prevails  throughout  the  cotton,  sugar,  and  rice-growing 
States  ?  . — -I 

Answer.  So  far  as  I  am  informed,  I  believe  it  does  ;  I  believe  there  is  a  feeling  of  a  mu 
tual  want  of  confidence  between  the  former  owner  and  the  slave.  The  former  owner  has  no 
knowledge  of  the  freeman,  he  does  not  understand  him  ;  his  whole  teaching  as  a  slave  has 
been  to  conceal  his  feelings  from  his  master,  and  the  late  master  knows  less  of  the  negro's 
character  than  any  other  person ;  he  has  no  faith  in  the  negro's  capacity  for  freedom,  no 
faith  in  his  capacity  to  take  care  of  himself,  and  believes  that  slavery  is  his  best  condition. 
The  negro  believes  that  his  former  master  wishes  to  make  him  u  slave  again,  and  has  no  con 
fidence  in  his  promises.  He  desires  particularly  not  to  make  any  contract  or  to  work  for  his 
old  master,  preierriug  to  work  for  northern  men.  Northern  men  can  get  all  the  labor  they 
require,  with  capital ;  but  not  so  with  the  former  slaveholders ;  the  only  way  this  feeling  cau 
be  broken  down  and  a  mutual  confidence  restored  is  to  give  the  negro  all  his  rights,  and  for 
the  old  master  to  show  him  that  he  has  given  up  the  idea  of  making  him  a  slave  and  is  will 
ing  to  recognize  his  rights.  This,  I  think,  will  restore  mutual  confidence,  peace,  and  har 
mony,  and  thus  there  will  be  a  thorough  reconstruction,  and  not  before.  ^ 

Question.  What  extent  of  intelligence  did  you  discover  among  the  freedmen  of  South  Car 
olina  / 

Answer.  I  found  many  of  the  leading  men  very  intelligent ;   I  found  some  men  as  intelli- 


220  RECONSTRUCTION. 

pent  as  any  other  men  of  a  different  color.  Of  course  the  large  mass  of  them  is  ignorant  and 
degraded.  They  have  all  the  vices  which  slavery  has  entailed  upon  them. 

Question.  Have  they  any  knowledge  of  military  drill  and  discipline  ? 

Answer.  Large  numbers  of  them  have  heen  in  our  army,  are  well  drilled  and  understand 
the  use  of  arms.  I  suppose  that  in  South  Carolina  there  are  four  or  five  thousand  blacks 
who  have  been  in  our  army. 

Question.  Have  any  of  them  held  military  grades  ? 

Answer.  They  have  been  sergeants  and  corporals.  There  is  one  instance  of  a  colored 
man  being  a  surgeon  in  our  army :  there  are  several  instances  where  colored  men  have  been 
officers ;  one  colored  man  has  been  major,  another  captain,  and  several  have  occupied  the 
position  of  lieutenant. 

Question.  Do  they  seem  to  show  an  aptitude  to  acquire  a  knowledge  of  military  matters? 

Answer.  I  think  they  do.  I  think  they  are  the  easiest  troops  to  learn  military  drill  that  I 
have  had  any  experience  with.-  They  take  to  it  naturally.  They  have  a  great  'idea  of  time, 
and,  so  far  as  my  experience  goes,  they  make  good  soldiers. 

Question.  Have  you  ever  seen  them  engaged  in  actual  operations  in  the  field  against  the 
enemy  ? 

Answer.  Yes,  sir ;  I  have  been  in  battle  with  them  myself. 

Question.  On  more  occasions  than  once  ? 

Answer.  I  have  never  sent  in  a  regiment  but  once.  I  sent  in  one  regiment  on  John's 
island,  and  they  fought  as  bravely  as  any  regiment  I  ever-  saw.  Out  of  800  men  they  left  90 
on  the  field.  They  made  separate  and  distinct  charges,  and  rallied  and  carried  the  point. 

Question.  What  force  were  they  fighting? 

Answer.  They  were  fighting  a  battery  of  rebel  artillery  and  a  regiment  of  infantry — a 
superior  force,  I  believe.  They  were  ordered  to  drive  the  regiment  out  from  behind  some 
temporary  works  which  concealed  them,  and  they  succeeded  in  driving  them  out.  I  have  the 
testimony  of  rebel  officers  whom  they  fought  against,  and  they  said  they  fought  well.  I  have 
known  of  their  fighting  bravely  in  Florida.  I  sent  a  regiment  under  my  command  into 
Florida,  and  the  testimony  of  every  one  was  that  they  did  their  duty  bravely,  thoroughly, 
and  well.  They  did  well  in  Fort  Wagner.  I  sent  a  detachment  of  the  33d  regiment  in  the 
vicinity  of  Poeotaligo.  They  went  up  for  a  particular  purpose,  and  one  company,  under  a 
captain,  accomplished  the  object  for  which  I  sent  them  up.  On  their  return  they  were  pur 
sued  by  a  large  body  of  cavalry — probably  a  regiment.  They  took  different  roads,  but  one 
company  came  down  upon  this  company  of  colored  troops.  They  fought  them,  emptied  a 
good  many  saddles,  and  drove  them  back.  They  brought  off  the  prisoners  which  they  cap 
tured  and  got  away  themselves.  For  a  small  party  it  was  a  very  creditable  fight,  and  >o 
well  did  they  do  their  part  that,  in  a  flag  of  truce  the  next  day  from  the  rebels,  they  told  me 
that  they  thought  we  had  a  thousand  negroes  there.  My  entire  experience  with  them  in 
Florida  and  South  Carolina  was  that  they  make  excellent  soldiers,  and  that  was  the  verdict 
of  every  officer  with  whom  I  have  conversed. 

Question.  Are  they  as  steady  and  self-possessed  under  actual  fire  as  white  troops  ? 

Answer.  I  believe  they  can  be  trained  to  be  so  with  good  officers.  It  very  much  depends 
upon  the  officers.  I  could  discover  no  difference  in  their  conduct  upon  the  battle-field.  J 
think  that  as  sentinels  and  for  picket  duty  they  are  peculiarly  adapted.  They  are  better  for 
that  than  white  soldiers  on  account  of  the  peculiarity  of  the  negro.  The  negro  can  see  better 
at  night  than  the  white  man,  and  he  is  peculiarly  excellent  as  a  sentinel  or  out  on  picket 
duty,  and  skirmishing. 

Question.  Is  he  as  shrewd  and  cunning  as  the  white  man  in  that  kind  of  service  ? 

Answer.  Yes,  sir;  I  think  he  is,  fully. 

Question.  How  do  you  find  the  black  in  regard  to  truthfulness? 

Answer.  The  vices  of  slavery  have  been  shared  by  them  and  others.  Their  whole  life  has 
been  one  of  concealment,  and  they  had  to  lie  to  avoid  punishment.  I  do  not  consider  them 
any  more  untruthful  than  any  other  pedplo,  or  any  more  truthful.  I  think  they  sha-v  ;«11 
the  vices  and  all  the  virtues  of  our  common  humanity.  Perhaps  under  the  condition  of 
slavery  they  are  not  so  truthful.  But  I  think  they  are  as  truthful  as  any  other  people  in  the 
same  circumstances  I  am  aware  of  all  their  vices  and  all  their  faults,  but  I  think  they  have 
no  more  vices  or  faults  than  are  shared  by  any  other  race. 

Question.  Do  they  evince  a  love  of  education.  generally? 

Answer.  Their  desire  of  learning  is  intense.  They  feel  that  is  one  of  the  means  by  which 
they  are  going  to  be  elevated;  and  they  have  a  particular  avidity  and  desire  to  learn.  All 
the  schools  established  there  by  northern  benevolence  arc  crowded  by  children,  and  the 
teachers  have  assured  me  that  their  progress  is  as  great  as  that  which  they  have  seen  among 
white  people,  at  the  north,  owing,  probaMv.  to  their  great  desire  to  learn.'  I  have  been  sur 
prised  at  the  progress  of  the  colored  people  at  the  schools. 

Question.  What  is  your  opinion  of  the  capacity  of  the  negro  for  sustaining  himself;  is  he 
industrious  and  thrifty  in  a  slate  of  freedom  .' 

Answer.  1  think  he  shares  with  other  ra-es  of  men  a  natural  disinclination  to  work,  but 
in  no  greater  degree.  I  have  employed  large  numbers  of  them  in  the  cultivation  of  cotton 
for  the  government,  and,  by  paying  them  regular  wages,  I  have  had  no  difficulty  in  inducing 
them  to  work,  while  in  slavery  the  only  stimulus  to  industry  was  the  lush.  The  stimulus  of 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  221 

the  free  laborer,  necessities,  will  be  all  that  is  required  to  make  him  industrious  and  thrifty. 
Before  I  was  assigned  to  duty  as  as-istant  commissioner  of  the  Freedmen's  Bureau,  and 
while  in  command  of  a  military  district  in  South  Carolina,  I  endeavored  to  test,  as  far  as 
was  in  my  power,  the  industrial,  intellectual,  and  moral  capacities  and  aptitudes  of  the  ne- 
•  gro.     I  established  regulations  for  the  cultivation  of  two  or  three  of  the  abandoned  sea 
islands  in  South  Carolina,  (St.  Helena,  Ladies',  and  Port  Royal,)  and  appointed  Socal  super 
intendents  to  oversee  and  direct  their  labors.     By  the  payment  of  moderate  wages,  and  just 
and  fair  dealing  with  them,  I  produced  for  the  government  over  half  a  million  dollars'  worth 
of  cotton,  besides  a  large  amount  of  food  beyond  the  needs  of  the  laborers.      These  island 
lands  were  cultivated  in  this  way  for  two  years,  1802  and  1863,  under  my  supervision,  and 
during  that  time  I  had  about  15,000  colored  freedmen  of  all  ages  in  my  charge.    About  9,000 
of  these  were  engaged  on  productive  labor,  which  relieved  the  government  of  the  support  of 
all  except  newly-arrived  refugees  from  the  enemy's  lines  and  old  and  infirm  who  had  no  re 
lations  to  depend  upon.     The  increase  of  industry  and  thrift  of  the  freedmen  was  illustrated 
by  their  conduct  in  South  Carolina  before  the  organization  of  the  Freedmen's  Bureau  by  the 
decreasing  government  expenditure  for  their  support.      The  expense  in  the  department  of 
tile  south  in  18(53  was  $41,544,  but  the  monthly  expense  of  that  year  was  steadily  reduced, 
.iratil  in  December  it  was  less  than  SjjyL 000,  and  this  has   always,   I  believe,   been  the  case 
,rsince  the  close  of  the  war.     The  causes  which  have  led  to  an  interruption  of  labor  since  the 
war  are  easily  -explained.     Previous   to  the  termination  of  the  war  the  negroes  heard  from 
those  in  rebellion  that  it  was  the  purpose  of  our  government  to  divide  up  the  southern  plan 
tations  among  tfiem,  and  that  was  one  of  the  reasons  the  rebels  urged  among  their  own  peo 
ple  to  excite  them  to  greater  activity  in  the  rebellion.     Our  own  acts  of  Congress,  and  par 
ticularly  the  one  creating  the  Freedmen's  Bureau,  which  was  extensively  circulated  among 
them,  further  strengthened  them  in  this  dearest  wish  of  their  heart — that  they  were  to  have 
homesteads — and  General  Sherman's  Special  Field  Order  No.  15,  which  ordered  their  coloni 
zation  on  forty-acre  tracts,  and  in  accordance  with  which  it  is  estimated  some  forty  thousand 
were  provided  with  homes.     Public  meetings  were  held,   and  every  exertion  used  by  those 
whose  duty  it  was  to  execute  this  order  to  encourage  emigration  to  the  sea  islands,  and  the 
faith  of  the  government  was  solemnly  pledged  to  maintain  them  in  possession.    The  greatest 
success  attended  the  experiment,  and  although  the  planting  season  was  very  far  advanced 
before  the  transportation  to  carry  the  colonists  to  the  sea  islands  could  be  obtained,  and  the 
people  were  destitute  of  animals  and  had  but'  few  agricultural  implements  and  the  greatest 
difficulty  in  procuring  seeds,  yet  they  went  to  work  with  energy  and  diligence  to  clear  up 
the  ground  run  to  waste  by  three  years'  neglect ;  and  thousands  of  acres  were  planted  and 
provisions  enough  were  raised  to  provide  for  those  who  were  located  in  season  to-  plant,  be 
sides  a  large  amount  of  sea-island  cotton  for  market.      The  seizure  of  some  540,000  acres  of 
abandoned  land,  in  accordance  with  the  act  of  Congress  and  orders  from   the  head  of  the 
bureau  for  the  freedmen  and  refugees,  still  further  strengthened  these  ignorant  people  in  the 
conviction  that  they  were  to  have  the  lands  of  their  late  masters ;  and,  with  the  other  reasons 
before  stated,   caused  a  great  unwillingness  on  the  part  of  the  freedmen  to  make  any  con 
tracts  whatever.     But  this  refusal  arises  from  no  desire  on  their  part  to  avoid,  labor,  but  to 
the  causes  above  stated.     All  officers  and  agents  of  the  Freedmen's  Bureau  were  instructed 
to  correct  these  impressions  among  the  freedmen  that  they  were  to  have  lauds ;  but  so  deep- 
seated  a  conviction  was  difficult  to  eradicate.     The  entire  want  of  confidence  between  the 
freed  man  and  the  late  master,  neither  of  whom  has  any  faith  in  the  other,  the  absence  of 
capital  on  the  part  of  the  laud-owners  to  pay  for  labor,  may  also  be  reckoned  among  the 
reasons  why  some  of  the  freedmen  do  not  go  willingly  to  work.     They  fear  that  they  shall 
never  be  paid.     For  those  who  can  gain  their  confidence,  and  from  whom  they  feel  sure  of 
receiving  their  pay,  they  will  labor  as  faithfully  as  any  other  race.     To  test  the  question  of 
their  forethought  and  prove  that  sorhe  of  the  race  at  least  thought  of  the  future,  I  established 
in  October,  18<54,  a  savings  bank  for  the  freedmen  of  Beaufort  district  and  vicinity.     More 
than  1840.000  has  been  deposited  in  this  bank  by  the  freedmen  since  its  establishment.     I 
consider  that  the  industrial  problem  has  been  satisfactorily  solved  at  Port  Royal,  and  that, 
t  in  common  with  other  races,  the  negro  has  industry,  prudence,  forethought,  and  ability  to 
calculate  results.     Many  of  them  have  managed  plantations  for  themselves,  and  shown  an 
industry  and  sagacity  that  will  compare  favorably  in  their  results— making  due  allowances — 
with  those  of  white  men.     There  is  nothing  to  fear  for  the  future  of  the  freedmen  if  the 
government,  which  has  made  them  free,  protects  them,  by  standing  between  them  and  those 
who  sought  to  destroy  this  nation  and  keep  them  in  slavery,   until  such  time  as  the  State 
laws  shall  make  all  men  equal  in  the  possession  of  civil  and  political  rights  irrespective  of 
color. 

(Question.  Is  there  anything  further  that  you  wish  to  state  to  the  committee  ? 
Answer.  I  desire  to  append  two  circulars,  which  express  the  principles  which  governed 
my  administration  of  the  offices  of  the  Freedmen's  Bureau  in  South  Carolina,  and  to  add  a 
few  of  the  results  of  my  experience,  which  may  give  more  force  to  my  testimony.  I  have 
aimed  to  be  just  to  all,  irrespective  of  color  or  condition ;  have  labored  to  break  down  all  an 
tagonism,  encourage  friendly  feeling  between  the  freedmen  and  their  former  owners,  by  show 
ing  them  that  their  interests  were  identical ;  that  each  should  be  just  to  the  other  and  respect 
all  the  other's  rights.  I  was  fully  impressed  with  the  importance  of  maintaining  friendly  re- 


222  RECONSTRUCTION. 

lations  with  former  masters,  and  was  careful  to  be  just  to  all  parties,  and  not  to  exorcise  any 
authority  not  set  forth  in  my  instructions.  I  only  asked  even-handed  justice  fur  those  who 
were  committed  defenceless  to  my  care,  contented  oftentimes  not  even  to  secure  this,  always 
holding  out  the  olive  branch.  I  was  not  met  in  the  same  spirit.  The  late  slaveholders  of 
South  Carolina  still  believe  that  the  loyal  black  man  has  no  rights  that  they  nee- 1  n -["-cr, 
and  have  not  been  taught  that  hard  lesson  for  them  to  learn:  that  they  must  treat  those  they 
once  owned  as  free  men  and  deal  justly  with  them  ;  .that  exact  justice  to  all  men,  of  whatever 
color  or  condition,  is  the  wisest  expediency  and  the  tiniest  policy,  and  that  educated  free  la 
bor  is  the  most  profitable.  An  experience  of  nearly  four  years  has  convinced  me  that  the 
only  safety  for  the  republic  is  to  give  the  black  man  the  right  of 'suffrage.  With  this  in  his 
hands  there  would  be  little  need  for  any  special  Freedmen's  Bureau.  Without  it,  and  left 
to  the  oppressive  legislation  of  his  late  owner,  the  result  would  be  fearful  to  contemplate. 
Another  proof  that  those  lately  in  rebellion  have  not  repented  of  their  treason,  is  the  determina 
tion,  which  almost  universally  exists,  to  see  that  the  national  debt  contracted  to  save  the  na 
tion's  life  shall  be  repudiated,  and  it  surely  .will  be  if  they  ever  should  get  into  power.  This 
one  fact  is  enough  to  show  the  hollowness  of  their  professed  loyalty.  The  love  of  the  freed- 
men  of  South  Carolina  for  the  memory  of  Abraham  Lincoln  amounts  to  worship,  and  his  loy 
alty  and  devotion  to  the  Union  cannot  be  questioned.  Give  the  freedimm  the  ballot  and  he 
will  take  care  that  the" vote  of  South  Carolina  is  always  given  for  the  Union,  and  he  will  never 
vote  to  repudiate  the  debt  which  was  contracted  to  save  it  and  to  give  him  his  freedom.  Nor 
will  he  ever  permit  the  debt  contracted  to  destroy  the  nation  and  keep  him  in  slavery  to  be 
assumed  by  the  United  States.  There  are  numerous  intelligent  leaders  among  the  freedmen, 
who  fully  understand  the  meaning  of  suffrage — enough  of 'them  to  guide  tb.3  more  ignorant; 
and,  so  far  from  there  being  any  danger  to  the  peace  of  the  country  and  to  our  institutions 
in  giving  so  many  ignorant  men  the  right  of  suffrage,  I  believe  it  to  be  the  only  means  of 
avoiding  great  and  imminent  dangers. 

• 

The  following  are  the  briefs  of  reports  referred  to  in  the  foregoing  testimony,  and  ordered 
to  be  appended  thereto  : 

CHARLESTON,  SOUTH  CAROLINA, 

Octobtr  30,  1865. 
ABUEVILLE    DISTRICT. 

A  planter,  early  in  the  war,  removed  all  his  servants  ('200  in  number)  from  John's  and 
Edisto  islands  to  his  plantation  in  Abbeville,  where  some  ninety  (90)  have  since  died. 
During  the  past  summer — that  is,  since  the  repossession  of  the  State  by  the  United  States 
government — he  has  treated  them  as  in  former  years,  having  an  overseer  and  two  drivers  on 
the  plantation  to  keep  the  people  at  work.  During  that  summer  the  freedmen  raised  a  large 
crop  of  corn,  wheat,  rice,  cotton,  potatoes,  flax,  and  sorghum,  but  they  received  from  the 
planter  n<5t  even  as  much  as  their  former  rations,  and,  on  the  2d  of  October,  he  sent  eighty- 
one  (81)  of  them  to  Charleston,  telling  them  that  they  had  no  share  in  the  crop,  but  promis 
ing  to  meet  them  in  Charleston,  which  promise  he  did  not  fulfil.  They  were  entirely  desti 
tute,  and  I  sent  them  to  John's  island,  supplying  them  with  rations  Such  cases  as  the 
above  are  not  uncommon,  and  similar  ones  are  reported  in  Anderson  and  Orangeburg  dis 
tricts.  As  fast  as  the  crops  are  harvested,  it  is  feared  that  many  of  the  planters  will  pursue 
the  same  course. 

ANDERSON  DISTRICT. 

One  man  was  shot  and  killed  in  presence  of  his  wife,  who  begged  for  his  life.  Two  other 
men  were  tied  up,  cruelly  flogged,  then  shot,  (and  it  is  believed  killed,  as  the  men  have  dis 
appeared,)  while  the  wife  of  one  of  the  men  received  fifty  (50)  lashes. 

BARNWELL    DISTRICT. 

Affidavits  of  colored  men  have  been  received  in  regard  to  the  outrages  committed  there,* 
which  show  a  terrible  state  of  affairs.  On  one  plantation  three  colored  women  were  severely 
whipped,  and  on  another  a  wgman  was  unmercifully  flogged  because  she  lefused  to  leave 
the  place.  A  woman  and  her  children  were  taken  from  her  husband,  carried  to  another  plan 
tation,  and  are  now  kept  there  against  their  wills.  Four  (4)  white  citizens,  with  a  white 
soldier,  broke  into  the  house  of  a  freedman  who  was  sick,  tied  his  humls  behind  him  and 
swung  him  up  to  a  post  for  an  hour  or  more,  then  chained  him  and  lei't  him  so  for  more  than 
two  days.  Another  beat  a  freedmau  violently  over  the  head  with  a  stick,  and,  drawing  a 
knife,  threatened  to  stab  him  if  he  moved  while  the  white  man  attempted  to  tie  him. 
On  some  of  the  plantations  the  freedmen  do  not  get  a  share  of  all  the  prodiu-e,  the  planters 
withholding  the  cotton  crop  on  some  plea  best  known  to  themselves.  This  latter  practice  is 
almost  universal  throughout  the  State.  A  regular  pass  and  patrol  system  for  the  restriction 
and  punishment  of  the  freedmen,  such  as  was  in  vogue  during  the  time  of  slavery,  is  reported 
to  exist.  One  woman  was  tied  up  with  her  clothes  over  her  head,  and  her  naked  person 
whipped  so  violently  as  to  inflict  severe  wounds.  She  was  driven  from  the  plantation  without 
any  pay  for  work  done,  and  threatened  with  death  if  she  informed  the  authorities  of  the  abuse 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  223 

she  bad  received.  Two  freedmen  were  whipped  by  their  master,  who  took  them  to  the  com 
manding  officer  at  Buruwell,  who  told  him  "to  whip  them  again,  as  they  had  riot  had  half 
enough."  This  officer  is  reported  to  pay  mo  attention  to  the  complaints  oV  freedmen.  With 
such  an  officer  in  power,  it  is  hardly  possible  to  protect  them»from  abuse.  Lawlessness  on 
the  part  of  the  freedmen  must  be  expected  under  such  circumstances.  It  is  reported  that  a 
baud  of  sixty  (60)  of  them  are  organizing  for  the  purpose  of  robbery.  The  leader  of  it  and 
three  (3)  men  have  been  captured,  and  one  (1)  escaping  was  shot,  and  afterwards  died  of 
his  wounds. 

BEAUFORT   DISTRICT. 

In  this  district,  the  board  established  by  orders  from  headquarters  department  South  Caro 
lina  to  decide  as  to  wliom  it  is  proper  to  issue  rations,  compel  the  personal  attendance  of 
all  applicants.  Much  suffering  results  therefrom,  as  many  maimed,  bed-ridden,  or  infirm  can 
not  come.  Two  died,  near  Beaufort,  from  starvation,  the  agent  having  no  food  to  give  them. 
The  officer  at  Beach  Branch  is  reported  as  assisting  the  planters  in  acts  of  injustice  and 
cruelty  to  the  freedmen.  In  one  case  a  woman  and  her  children  were  brutally  whipped  and 
driven  off  the  place  after  the  crop  was  harvested.  Two  men  were  tied  up  four  feet  from  the 
ground,  and  left  in  that  position  for  more  than  two  hours. 

CHARLESTON   DISTRICT. 

The  agent  reports  a  general  hatred  of  the  freedmen,  which,  indeed,  might  be  reported  of 
every  district  in  the  State.'  -That  they  are  lifershly  treated  while  travelling  by  rail,  though 
they  pay  their  fare,  and  that  their  sick  are  not  allowed  to  travel  on  the  trains.  Believes 
that  the  colored  people  will  desert  the  country  if  the  whites  continue  to  act  "as  they  have 
done.  One  planter,  assisted  by  a  United  States  sergeant  and  a  negro-driver,  tied  up  three 
men  and  three  women. 

COLLETON   DISTRICT. 

A  freedman  was  shot  on  one  of  the  plantations,  but  by  whom  has  not  been  ascertained. 
A  woman  was  tied  up  by  the  thumbs,  and  kept  so  for  more  than  an  hour. 

DARLINGTON,  WILLIAMSKUJRG,  AND   MARION  DISTRICTS. 

The  reports  show,  in  general,  a  better  state  of  affairs  than  elsewhere.  The  freedmen  are 
self-supporting,  and  there  is  little  or  no  comlict  between  the  two  races,  though  there  are  in 
dividual  cases  of  injustice  and  dissatisfaction.  The  officer  acting  for  the  bureau  believes 
that  man}'  of  the  negroes  could  obtain  good  wages  north,  and  that  it  would  be  well  for  all 
parties  if  some  of  them  coukkreceive  free  transportation  to  the  northern  States.  Thinks  that 
the  freedmen  will  be  persecuted  if  the  military  are  withdrawn.  This  is  the  opinion  of  all 
officers  of  the  bureau,  and,  indeed,  of  many  of  the  citizens.  Many  of  the  planters  are  not 
making  contracts  for  the  ensuing  year,  as  they  are  waiting  to  see  what  legislation  may  be 
made  in  regard  to  labor.  ,  . 

EDGEFIELD  DISTRICT. 

Several  affidavits  have  been  received  in  rsgard  to  the  cruelties  practiced  here.  One  freed 
man  with  three  children,  two  malefaud  one  female,  were  stripped  naked,  tied  up,  and  whipped 
severely  ;  threats  of  murder  being  made  if  complaint  was  made  to  the  military.  Another 
man  was  whipped  severely  with  a  stick,  and  cut  over  tlfe  eye  with  a  knife,  and  as  he  'ran 
away  to  escape  from  their  cruelties  was  shot  at.  A  woman  was  severely  whipped  and  car 
ried  off  to  jail,  and  as  she  has  disappeared,  fears  are  entertained  that  she  has  been  murdered. 
Another  woman  was  tied  fast  to  a  tree  and  violently  lashed  with  a  buggy  trace,  receiving 
one  hundred  lashes.  Tw*o  children  were  severely  whipped,  and  their  mother  driven  off  the 
plantation  without  any  pay  for  work  done. 

GEORGETOWN   DISTRICT. 

It  is  reported  that  the  planters,  with  the  assistance  of  the  military,  compel  the  freedmen  to 
do  work  not  called  for  under  their  contract.  On  one  plantation  a  freedman  was  twice  beaten 
severely  over  the  head  with  a  stick  and  refused  rations. 

Affairs  are,  in  general,  worse  in  the  interior  of  the  State  where  military  force  cannot  readily 
reach  the  plantations.  It  is  difficult  to  reach  the  murderers  of  colored  people,  as  they  hid'e 
themselves,  and  are  screened  by  their  neighbors. 

Names  and  dates  of  all  the  occurrences  stated  above  can  be  given  if  desired. 


CHARLESTON,  S!  C.,  November  21,  l-ti.~>. 

GENERAL  :  I  have  the  honor  to  herein  submit  a  brief  made  up  from  reports  received  from 
the  acting  sub-assistant  commissioners  and  agents  of  the  bureau  in  South  Carolina  during 
the  month  of  October,  1865.  It  shows,  as  far  as  can  be  ascertained,  the  state  of  affairs  m 
the  several  districts  of  the  State. 


224  RECONSTRUCTION. 


ABHEVILLE   DISTRICT. 

A  planter,  early  in  the  war,  removed  all  his  servants,  two  hundred  in  number,  from  John's 
and  Edisto  islands  to  his  plantation  in  Abbeville,  where  some  ninety  (90)  have  since  died. 
During  the  pa--t  summer — that  is,  since  the  repossession  of  the  State  by  the  United  States 
government — he  lias  treated  them  as  in  former  years,  having  an  overseer  and  two  drivers 
on  the  plantation  to  keep  the  people  at  work.  During  that  summer  the  freednien  raised  a 
large  crop  of  corn,  wheat,  rice,  cotton,  sweet  potatoes,  flax,  and  sorghum  ;  but  they  received 
from  the  planter  not  even  as  much  as  their  former  rations,  and  on  the  2d  October  he  sent 
eighty-one  (81)  of  them  to  Charleston,  telling  them  they  had  no  share  in  'the  crops,  but 
promising  to  meet  them  in  Charleston,  which  promise  he  did  not  fulfil.  They  were  entirely 
destitute,  and  I  sent  them  to  John's  island,  supplying  them  with  rations.  Such  cases  as  the 
above  are  not  uncommon,  and  similar  ones  are  reported  in  Anderson  and  Orangeburg  dis-\ 
tricts.  As  fast  as  the  crops  are  harvested  it  is  feared  that  many  of  the  planters  will  pursue 
the  same  course. 

ANDERSON   DISTRICT. 

One  man  was  shot  and  killed  in  presence  of  his  wife,  who  begged  for  his  life.  Two  other 
men  were  tied  up,  cruelly  flogged,  then  shot — and  it  is  believed  killed,  as  the  men  have  dis 
appeared — while  the  wife  of  one  of  the  men  received  fitty  (50)  lashes. 

BARNWELL  DISTRICT. 

Affidavits  of  colored  men  have  been  received  in  regard  to  the  outrages  committed  there, 
which  show  a  terrible  state  of  affairs.  On  one  plantation  three  colored  women  were  severely 
whipped,  and  on  another  a  woman  was  unmercifully  flogged  because  she  refused  to  leave 
the  place.  A  woman  and  her  children  were  taken  from  her  husband,  carried  to  another 
plantation,  and  are  now  kept  there  against  their  wishes.  Four  (4)  white  citizens,  with  a 
white  soldier,  broke  into  the  house  of  a  freedman,  who  was  sick,  tied  bis  hands  behind  him, 
and  swung  him  up  to  a  post  for  an  hour  or  more,  then  chained  him  and  left  him  so  for  more 
than  two  (2)  days.  Another  beat  a  freedman  violently  over  the  head  with  a  stick,  and 
drawing  a  knife  threatened  to  stab  him  if  he  moved  while  the  white  man  attempted,  to  tie 
him.  On  some  of  the  plantations  the  freedmen  do  not  get  a  share  of  all  the  produce,  the 
planters  withholding  the  cotton  crop  on  some  plea  best  known  to  themselves.  This  latter 
practice  is  almost  universal  throughout  the  State.  A  regular  pass  and  patrol  system  for  the 
restriction  and  punishment  of  the  freedmen,  such  as  was  in  vogue  during  the  time  of  slavery, 
is  reported  to  exist.  One  woman  was  tied  up  with  her  clothes  over  her  head,  and  her  naked 
person  whipped  so  violently  as  to  inflict  severe  wounds.  She  was  then  driven  from  the 
plantation  without  any  pay  for  work  done,  and  threatened  with  death  if  she  informed  the 
authorities  of  the  abuse  she  had  received.  Two  freedmeu  were  whipped  by  their  master, 
who  then  took  them  to  the  commanding  officer  at  Baruwell,  who  told  him  to  whip  them 
again,  as  they  had  not  had  half  enough.  This  officer  is  reported  to  pay  no  attention  to  the 
complaints  of  freedmen.  With  such  an  officer  in  power,  it  is  hardly  possible  to  protect  them 
from  abuse.  Lawlessness  on  the  part  of  the  freedmeu  must  be  expected  under  such  circum 
stances.  It  is  reported  that  a  band  of  sixty  (b'U)  of  them  are  organized  for  the  purpose  of 
robbery.  The  leader  of  it  and  three  (3)  men  have  been  captured,  and  one  (1)  escaping,  was 
shot  and  afterwards  died  of  the  wound. 

• 
•BEAUFORT  DISTRICT. 

In  this  district  the  board  established  by  orders  from  headquarters,  department  of  South 
Carolina,  to  decide  as  to  whom  it  is  proper  to  issue  rations,  compej  the  personal  attendance 
of  all  applicants,  and  much  suffering  results  therefrom,  as  maimed,  bedridden,  or  infirm, 
cannot  come.  Two  (2)  died  near  Beaufort  from  starvation,  the  agent  having  no  food  to  give 
them.  The  officer  at  Beach  Branch  is  reported  as  assisting  the  planters  in  acts  of  injustice 
and  cruelty  to  the  freedmen.  In  one  case  a  woman  and  her  children  were  brutally  whipped 
and  driven  off  the  place  after  'the  crop  was*  harvested.  Two  men  were  tied  up  four  (4)  feet 
from  tjie  ground  and  left  in  thut  condition  for  more  than  two  (2)  hour:* 

CHARLESTON   DISTRICT. 

The  agent  reports  a  general  hatred  of  the  freedmen,  which,  indeed,  might  be  reported  of 
every  district  in  the  State ;  that  they  are  harshly  treated  while  travelling  by  rail,  though  they 
pay  their  fare,  and  that  their  sick  are  not  allowed  to  travel  on  the  trains.  Believes  that  the 
colored  people  will  desert  the  country  if  the  whites  continue  to  act  as  they  have  done.  One 
planter,  assisted  by  a  Unrted  States  sergeant  and  a  negro  driver,  tied  up  three  (3)  men  and 
three  (3)'  women. 

COM. ETON   DISTRICT. 

A  freedman  was  shot  on  one  of  the  plantations,  but  by  whom  has  not  been  ascertained.  A 
woman  was  tied  up  by  the  thumbs  and  kept  so  for  more  than  an  hour. 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  225 


DARLINGTON,  WEULIAMSBURG,  AND  MARION   DISTRICTS. 

The  reports  show,  in  general,  a  better  state  of  affairs  than  elsewhere.  The  freedmen  are 
self-supporting,  and  there  is  little  or  no  conflict  between  the  two  races,  though  there  are 
individual  cases  of  injustice  and  dissatisfaction.  The  officer  acting  fur  the  bureau  believes 
that  many  of  the  negroes  could  obtain  good  wages  north,  and  that  it  would  be  well  for  all 
parties  if  some  of  them  could  receive  free  transportation  to  the  northern  States.  Thinks  that 
freedmen  will  be  persecuted  if  the  military  are  withdrawn.  This  is  the  opinion  of  all  officers 
of  the  bureau,  and,  indeed,  of  many  of  the  citizens.  Many  of  the  planters  are  not  making 
contracts  for  the  ensuing  year,  as  they  are  waiting  to  see  what  legislation  may  be  made  in 
regard  to  labor. 

EDGEFIELD  DISTRICT. 

Several  affidavits  have  been  received  in  regard  to  cruelties  practiced  here.  One  freedman 
with  two  (2)  male  and  one  (1)  female  children  were  stripped  naked,  tied  up,  and  whipped 
severely,  threats  of  murder  being  made  if  complaint  was  made  to  the  military.  Another 
man  was  whipped  severely  with  a  stick  and  cut  over  the  eye  with  a  knife,  and  as  he  ran 
away  to  escape  their  cruelty  was  shot  at.  A  woman  was  severely  whipped  and  carried  off 
to  jail,  and,  as  she  has  disappeared,  fears  are  entertained  that  she  has  been  murdered. 
Another  woman  was  tied  fast  to  a  tree  and  violently  lashed  with  a  buggy-trace,  receiving 
one  hundred  (100)  blows.  Two  (2)  children  were  severely  whipped  and  their  mother  driven 
off  the  plantation  without  any  pay  for  work  done. 

GEORGETOWN  DISTRICT. 

It  is  reported  that  the  planters,  with  assistance  of  the  military,  compel  the  freedmen  to  do 
work  not  called  for  under  their  contract.  On  one  plantation  a  freedman  was  twice  beaten 
severely  over  the  head  with  a  stick  and  refused  rations. 

Affairs  are,  in  general,  worse  in  the  inferior  of  the  State,  where  military  force  cannot  readily 
reach  the  plantations.  It  is  difficult  to  reach  the  murderers  of  colored  people,  as  they  hide 
themselves  and  are  screened  by  their  neighbors.  Names  and  dates  of  all  the  occurrences 
stated  above  can  be  given  if  desired. 


CHARLESTON,  SOUTH  CAROLINA,  December  19,  1865.. 

ABBEVILLE   DISTRICT. 

Here  a  planter  worked  nearly  one  hundred  (100)  hands  near  Cokesburg,  ten  (10)  of  them 
on  the  South  Carolina  railroad  for  six  (6)  mouths,  (the  planter  receiving  their  wages,)  and 
the  remainder  on  his  plantation,  raising  a  crop  of  corn,  wheat,  rice,  cotton,  &c.  After  the 
crop  was  harvested  the^iaborers  were  brought  to  Charleston,  where,  being  destitute,  they  had 
to  be  rationed  by  government.  After  their  arrival  in  this  city  the  planter  distributed  fifty 
dollars  ($50)  among  them.  The  largest  amount  any  one  received  was  one  dollar  and  twen-- 
ty-five  cents,  ($1  '25,)  and  from  that  down  to  fifty  cents,  (50,)  some  receiving  nothing.  One 
peck  of  dry  corn  per  week  was  the  only  ration  furnished  the  farm  hands. 

BEAUFORT  DISTRICT. 

It  is  stated  that  the  superior  provost  court  here  is  outrageously  unjust  towards  freedmen 
and  northern  whites  whenever  they  are  opposed  by  secessionists.  That  the  court  being  vio 
lently  secession  in  sentiment,  while  allowing  negro  testimony  gives  it  no  weight  whatever  if 
white  witnesses  appear  on  the  other  side.  A  case  is  reported  where  a  horse  in  the  possession 
of  a  freedman  was  taken  from  him  and  given  to  a  late  rebel  soldier,  the  cost  of  court,  ten 
dollars,  ($10,)  being  adjudged  against  the  freedman,  although  the  freedman  brought  full  proof 
that  the  horse  came  into  his  possession  a  long  time  previous  to  the  date  given  by  the  soldier 
as  the  time  he  lost  him.  In  another  case  the  defendant  lost  his  horse,  and  .was  kept  in  jail 
ten  ( 10)  days  in  default  of  payment  of  costs,  being  finally  released  on  the  protest  of  the  agent ; 
since  the  protest  of  the  agent  was  sufficient  to  release  the  defendant  it  would  seem  as  if  the 
court  must  have  been  conscious  of  injustice  done  the  freedman.  . 

BARNWELL    DISTRICT. 

Here  a  grocer  is  reported  as  killing  a  freedman ;  the  murderer  has  not  yet  been  captured, 
but  his  store  and  property  have  been  taken  possession  of  by  the  bureau.  A  soldier  is  report 
ed  as  wounding  a  freedman  for  resisting  him  ;  what  cause  the  sofdier  had  to  interfere  with 
the  freedmau  is  not  stated.  Both  these  cases  are  being  investigated  by  a  board  of  officers. 

The  disposition  shown  by  the  planters  to  turn  off  the  freedmen  without  compensation  for 
their  labor,  as  mentioned  in  the  report  for  October,  still  continues.     It  is  thought  that  troops 
cannot  be  withdrawn  with  safety  from  this  section,  and  that  to  preserve  peace  and  order  after 
New  Year's  day  more  force  will  be  needed. 
15    V    NC    SC 


226  RECONSTRUCTION. 


BEAUFORT   DISTRICT. 


A  great  many  freedmen  are  in  the  district  who  have  boon  laboring-  for  planters  in  the  in 
terior  of  the  State,  and  who  have  now  sent  them  to  the  coast,  without  pay  (either  intnoney  or 
provisions)  for  the  summer  work.  As,  under  existing  orders,  the  agents  cannot  Uielp  them, 
universal  thieving  is  already  a  first  consequence  of  their  destitution. 


CHARLESTON   DISTRICT. 


Many  difficulties  exist  here  in  the  way  of  new  contracts  being  made.  The  planters  say 
they  are  desirous  to  contract,  but  they  do  not  offer  sufficient  pay  to  induce  the  freedmen  to 
come  to  terms  with  them.  The  planters  propose  to  pay  established  rates  of  wages  in  money 
or  produce  (at  market  rates)  according  to  the  number  of  tasks  performed,  leaving  all  disputes 
which  may  arise  between  them  to  the  provost  or  civil  courts. 

CHESTERFIELD  DISTRICT. 

Here  the  officers  of  the  bureau  are  principally  employed  in  the  distribution  of  the  crops. 
There  are  no  schools  as  yet,  but  there  are  three  about  to  be  established,  and  soldiers  will  be 
detailed  as  teachers.  There  are  about  two  hundred  (200)  white  refugees  here  who  need  ra 
tions. 

DARLINGTON,    WILLIAMSBURG  AND    MARION    DISTRICTS. 

No  contracts  have  yet  been  made  here  for  the  next  year,  but  arrangements  for  them  are 
being  perfected  which  it  is  hoped  will  result  favorably.  There  are  no  schools  as  yet,  but 
efforts  are  being  made  to  procure  suitable  buildings,  and  to  detail  soldiers  as  teachers. 

EDGEFIELD   DISTRICT. 

Here  a  woman  was  threatened  with  whipping  because  she  did  not  run  fast  enough  at  her 
work,  and  her  mother  deprecating  such  threats,  sh|  (the  mother)  was  severely  cut  in  the  face 
by  a  heavy  blow  given  with  a  board,  and  on  the  two  then  leaving  the  place,  they  were  not 
allowed  to  take  with  them  even  their  personal  property.  Certain  freedmen  report  "that  a  man 
was  shot  down  in  his  own  house,  and  that  in  many  places  men  hare  been  found  lying  dead. 

GEORGETOWN   DISTRICT. 

The  reports  from  this  district  are  encouraging  both  in  regard  to  the  present  conduct  of  the 


marked  change  among  the  freedmen  in  their  ideas  of  the  duty  they  owe  to  the  government, 
the  law,  and  the  decisions  of  the  courts.  A  portion  of  the  planters  favor  the  system  of  hiring 
by  the  year,  paying  according  to  the  number  of  tasks  performed,  while  others  are  disposed 
to  contract  on  the  basis  of  division  of  the  crop,  one-half  to  the  employer,  one-half  to  tin-  la 
borers,  their  half  to  be  divided  among  them  according  to  the  number  of  tasks  respectively 
performed.  The  planters  are  better  satisfied  with  the  bureau  than  heretofore,  and  many  in 
fluential  parties  are  favorable  to  its  continuance.  Small-pox  prevails  to  some  extent,  and 
hospital  facilities  are  of  the  utmost  importance ;  a  hospital  is  now  being  established  there 
under  the  supervision  of  a  surgeon  of  the  bureau.  The  Ireedmen  are  procuring  a  suitable  lot 
for  a  school  building,  and  as  relating  to  schools  everything  is  progressing  favorably. 


IIORRY   DISTRICT. 


The  officer  having  been  in  the  district  but  a  short  time,  has  not  made  much  progress  in  the 
affairs  of  the  bureau,  but  he  reports  a  very  favorable  state  of  affairs  between  the  white  and 
freed  people. 


KERSHAW   DISTRICT. 


A  freedwoman  stales,  that  on  leaving  her  late  master  and  employer,  she  was  not  allowed 
to  bring  away  her  two  (2)  children,  aged  nine  (9)  and  twelve  (12,)  and  that  they  are  now 
kept  there  against  their  own  and  her  will. 


ORANGEBURG    DISTRICT. 


Here  a  school-house,  and  small  building  for  the  teachers'  use,  has  been  built  at  a  cost  of 
•three  hundred  dollars  (£300)  for  material,  the  labor  being  done  by  the  soldiers  without  ex 
pense  to  the  government.  It  is  thought  that  the  freedmen  will  make  contracts  for  the  next 
year.  It  is  thought  troops  cannot  be  withdrawn  with  safety.  Garrsons  from  headquarters 
of  the  district  are  at  Aiken,  Barnwell,  Bamburg,  and  Branchville. 


RICIILAND  DISTRICT. 


The  officer  here  thinks  contracts  will  be  entered  into  for  the  ensuing  year,  and  some  indeed 
are  already  being  made.     One  has  been  made  with  Wade  Hampton,  Vho  takes  the  freedmen 


VIRGINIA  -  NORTH   CAROLINA  —  SOUTH   CAROLINA.  227 


to  Mississippi.  He  gives  full  hands  ton  dollars  ($10)  per  month,  and  three  and  a  half 
pounds  meat  and  a  peck  of  meal  per  week.  There  is  no  end  to  the  complaints  of  brutal 
treatment  and  injustice  towards  the  freed  men  in  the  upper  country,  but  they  cannot  reach 
such  cases  without  mounted  men,  of  which  at  present  they  have  but  few.  There  are.  pranks 
of  bushwhackers  in  the  upper  country  who  rob  and  beat  the  colored  people  unmercifully. 
Two  murders  have  been  committed  in  Laurens  district;  when  the  authors  of  these  outrages 
can  be  reached,  the  cases  are  referred  to  the  provost  courts  for  action.  A  citizen  of  Lexing 
ton,  who  murdered  a  freedrnan,  has  been.  sentenced  to  imprisonment  for  life  at  Albany,  New- 
York.  The  military  aid  the  bureau  as  much  as  they  can.  The  health  of  the  freedmen  is  im 
proving-,  and  crops  are  being  divided  promptly.  The  schools  are  doing  well,  pupils  regular 
and  punctual  in  their  attendance,  neat  and  clean  in  their  appearance,  and  manifest  great  in 
terest  in  their  studies.  Schools  have  been  established  at  Wiunsborouh. 


SOITER  DISTRICT. 

As  yet  no  attempts  have  been  made  to  renew  contracts,  but  the  entire  attention  of  the  offi 
cer  has  been  given  to  the  division  of  the  crops.  No  schools  have  been  organized,  except  one 
small  one  which  a  colored  man  has  been  teaching.  It  is  thought  that  the  number  of  depend 
ents  will  increase  at  the  end  of  the  year,  as  planters  will  turn  off  those  who  cannot  work. 
This  will  probably  apply  in  a  greater  or  less  degree  to  the  whole  State. 

WILLIAMS13URG   DISTRICT. 

A  freedman  states  that,  on  the  25th  of  November,  he,  with  eight  (8)  others  were  hunted 
down  and  caught  by  sixteen  (1<>)  white  men,  carried  to  a  plantation,  kept  under  guard  all 
night,  and  the  next  morning  bucked  and  whipped,  some  of  them  nearly  to  death.  After 
which  they  were  compelled  to  promise  never  to  divulge  the  outrage,  under  penalty  of  being 
shot.  Others  of  the  party  who  escaped  from  their  persecutors  Aveie  shot  at.  The  man  who 
makes  the  statement  received  three  hundred  and  seventy  (370)  lashes,  as  his  back  now  bears 
witness,  it  having  been  seen  by  a  member  of  my  staff.  The  stepmother  of  complainant  (on 
old  woman)  received  three  hundred  (300)  lashes,  while  othern  of  the  party  received  two  hun 
dred  (2UU)  and  three  hundred  (300)  lashes.  It  appears  that  two  (2)  days  previous  to  the 
outrage  two  (%2)  white  men,  representing  themselves  to  be  "  Yankees  come  to  divide  the  crops 
among  the  freedmen,"  made  their  appearance  in  the  district.  The  freedmen,  being  glad  to 
have  their  crops  divided,  treated  the  men  well,  and  believing  them  to  be  friendly  descanted 
freely  upon  their  wrongs  and  sufferings,  and  expressed  themselves  ready  to  die  for  their  de 
liverers.  The  white  men  took  their  names  and  several  localities,  and  were  thus  enabled  after 
wards  to  easily  trace  them  out. 

The  names  of  the  whites  are  known,  and  the  general  commanding  the  department  has  been 
requested  to  bring  them  to  justice. 

The  majority  ot  freedmen  in  the  district  are  unwilling  to  contract  with  their  former  masters, 
as  they  intend  at  the  close  of  the  year  to  seek  other  employers,  and  in  many  cases  they  still 
entertain  the  hope  that  land  will  be  given  them.  Those  who  were  in  the  path  of  Sherman's 
army  say  they  were  told  so  by  the  soldiers.  Every  endeavor  has  been  made  by  addresses  and 
circulars  to  disabuse  their  minds  of  this  impression,  and  it  is  believed  that  these  endeavors 
are  surely  though  slowly  producing  .their  proper  effect  and  causing  the  freedmen  to  see  the 
necessity  of  labor  and  the  desirability  of  remaining  with  their  present  employers,  rather  than 
seeking  work  in  unknown  and  untried  localities.  Most  of  the  planters  are  desirous  of  renew 
ing  their  contracts,  fearing  disturbances  would  otherwise  occur  at  the  end  of  the  year  ;  but 
they  are  not  as  conciliatory  as  they  might  be  towards  the  freedmen,  nor  as  just  as  they  should 
be  in  the  rate  of  wages  offered.  The  colored  people,  without  exception,  and  many  of  the 
whites,  desire  the  troops  to  remain.  The  ladies  of  Williarnsburg.  hearing  that  the  troops 
were  to  be  withdrawn,  sent  a  petition  to  the  commanding  officer  asking  that  they  might  be 
retained. 

The  freedmen  believe  that  in  the  absence  of  United  States  troops  they  would  have  no 
redress  in  the  case  of  oppression  or  outrage  by  their  former  masters,  and  the  whites  seem  to 
apprehend  lawlessness  on  the  part  of  the  freedmen;  besides,  the  whites  say,  and  are  un 
doubtedly  right  in  so  saying,  that  none  but  United  States  military  officers,  or  agents  of  the 
bureau,  have  any  influence  with  the  freedmen,  as  the  latter  have  no  confidence  in  those  who 
have  been  slaveholders.  Many  cases  of  violence  to  freedineu  by  white  residents  have  occur 
red  in  different  parts  of  the  State  during  November,  which  are  not  detailed  in  this  report,  as 
the  particulars  have  not  been  received  at  this  office.  General  Ames  has  sent  a  small  garrison 
to  Hamburg  district  on  account,  of  the  many  outrages  committed  there.  Many  people  are 
leaving  the  interior  and  making  their  way  to  the  coast,  notwithstanding  the  many  arguments 
and  endeavors  made  to  dissuade  them  from  so  doing  and  to  induce  them  to  remain  and  enter 
into  contracts. 

In  some  parts  of  the  State,  militia  companies  have  been  organized  under  the  sanction  of  the 
provisional  governor,  and  here  the  whites  would  like  to  hav$  the  United  States  troops  with 
drawn,  that  the  State  militia  might  take  all  police  duties  into  their  own  hands.  It  is  perhaps 
questionable  whether  the  late  proceedings  of  certain  of  these  companies  are  such  as  to  make 


228  RECONSTRUCTION. 

it  desirable  that  those  duties  should  be  given  up  to  them,  and  the  freedrnen  left  to  their 
prejudiced  management. 

the  outrages  which  still  continue  in  the  interior  show  the  necessity  of  some  restraining 
influence. 

Wherever  the  arm  of  United  States  military  law  cannot  reach,  the  whites,  beino-  conse 
quently  free  to  act  as  they  choose,  are  almost  sure  to  abuse  the  negroes. 


CHARLESTON,  SOUTH  CAROLINA,  January  15,  ]8C6. 

ANDERSON  DISTRICT. 


Here,  m  July  last,  a  planter  proposed  to  his  hands  that  they  should  sign  a  contract  to  work 
for  him  during  their  lifetime;  they  refusing,  the  planter  drove  them  away  without  food  or 
compensation  lor  labor  done.  Four  of  them  (three  men  and  one  woman)  went  towards 
Columbia,  but  before  reaching  there  they  were  overtaken  by  two  white  men,  mounted  and 
armed,  whom  the  planter  had  sent  in  pursuit.  Asking  the  freedmen  where  they  were  ffoino- 
and  being  told,  they  seized  them,  and  taking  them  to  the  adjacent  woods,  tied  two  of  the  men 
by  their  hands  and  feet  to  trees,  leaving  the  third  man  to  hold  their  horses ;  the  whites  then 
each  tired  a  shot  at  each  of  their  two  victims,  killing  them  instantly;  the  third  escaped  by 
running  to  and  jumping  into  a  creek  near  by,  the  whites  firing  at  but  not  hittino-  him  ;  they 
then  stopped  the  woman  naked,  gave  her  fifty  lashes  on  the  bare  back,  and  compelled  her  to 
walk  back  to  the  plantation ;  she  was  then  put  to  the  plough  by  day,  and  confined  by  ni^ht 
lor  a  week,  without  anything  to  eat.  At  this  time  an  officer  happened  at  the  place  to  whom 
the  woman  told  her  situation.  The  officer  took  her  and  her  children  to  the  place  where  her 
li  us  I  tand  and  the  other  man  had  been  killed,  found  remnants  of  the  bodies  and  buried 
them,  then  sent  the  woman  and  her  children  to  Charleston.  On  her  arrival  she  gave  birth 
to  a  dead  infant ;  her  sickness  preventing  her  from  telling  her  story  until  this  time.  The 
planter  paid  the  two  murderers  for  their  services  with  twenty  yards  of  cloth,  three  bushels  of 
nee,  two  bushels  of  salt,  and  a  government  wagon.  The  case  has  been  referred  to  the  de 
partment  commander,  with  the  request  that  the  murderers  be  brought  to  justice. 

BEAUFORT  DISTRICT. 

Agent  on  St.  Helena  island  reports  two  decisions  of  provost  court.  In  the  first  case  a 
freedman  was  found  guilty  of  ordering  the  former  own^er  off  the  place  and  threatening  to  shoot 
him  it  he  did  not  leave;  he  was  sentenced  to  two  months'  imprisonment  and  to  pay  a  fine  of 
one  hundred  dollars  and  costs,  ten  dollars.  In  the  second  case  two  white  men  went  to  the 


careful  in  future.  The  inference  is  that  the  color  of  the  parties  affected  the  decision  of  the 
court.  Large  numbers  of  the  old  and  infirm,  utterly  destitute,  are  coming  into  the  district 
from  the  upper  country. 

CHARLESTON   DISTRICT. 

A  freedman  reports  that  his  employer  beat  him  violently,  and  then,  being  irritated  against 
the  freedman  because  the  court  decreed  seventy-five  dollars  damages  for  the  assault,  ivtu-i-.l 
to  give  him  any  portion  of  the  crop.  The  owner  was  in  the  rebel  army,  and  returned  to  the 
place  some  months  after  the  working  of  the  crop  had  been  commenced  by  the  freedman.  In 
another  part  of  the  district  a  young  woman  big  with  child  was,  without  any  provocation 
thereto,  tied  up  by  the  thumbs,  and  while  in  that  position  was  brutally  kicked  by  the.  over 
seer,  the  family  of  the  woman  beiu<r  ordered  off  the  place.  From  another  part  of  *the  district 
a  planter  took  his  old  hands  into  North  Carolina,  and  after  working  them  nearly  all  the  year, 
sent  them,  with  little  or  no  compensation,  to  make  their  way  to  their  old  home  as  best'  tlu-v 
jnight.  On  another  place  two  of  the  hands,  a  man  and  a  woman,  were  stripped  naked  and 
brutally  whinped,  and  another  who  left  on  that  account  was  deprived  of  a  horse,  his  personal 
property,  and  n-1  used  any  share  in  the  crop.  In  another  part  a  planter  had  one  hundred 
people  on  his  place,  who  have  made  for  him  a  good  crop,  of  which  he  refused  to  give  them 
any  part,  even  for  their  immediate  use  and  support. 

COLUMBIA  DISTRICT. 

The  officer  reports  alarming  destitution ;  numbers  of  aged  and  infirm  are  coming  in.     There 
have  not  been  as  many  complaints  as  formerly  of  bnital  treatment.    He  thinks  many  contracts 
will  be  made  for  I860,  as  both  planters  and  freedmen  seemed  disposed  to  come  to  terms,  and 
a  better  feeling  and  understanding  has  arisen  between  employers  and  employes.     School 
are  flourishing  and  the  number  of  scholars  is  increasing. 


VIRGINIA — NORTH   CAROLINA SOUTH    CAROLINA.  229 


GEORGETOWN   DISTRICT. 

Here  the  number  of  applicants  for  support  is  increasing  as  the  cold  weather  comes  on 
and  the  slender  crops  of  the  freedmen  become  exhausted;  no  more  rations  are  issued,  how 
ever,  than  is  actually  necessary.  Every  contract  made  in  1865  has  been  brokeu^by  the 
freedmen,  the  crops  raised  being  barely  sufficient  to  keep  them  from  starving. 

No  contracts  have  been  made  for  I860,  though  the  planters  generally  are  anxious  to  agree  to 
any  reasonable  terms,  and  the  officers  try  to  induce  the  freedmen  to  contract.  The  idea  that 
they  are  to  receive  lands  still  prevails  in  the  face  of  orders  and  verbal  explanations  to  the  con 
trary.  The  officer  thinks  that  they  may  contract  if  they  find  that  they  are  to  receive  no  lands. 
Reports  that  many  freedmen  are  supporting  themselves  by  shooting  game,  and  that  stealing  is 
becoming  prevalent.  States  that  the  whites  apprehended  an  outbreak  during  the  holidays, 
and  that  proper  precautions  were  accordingly  taken,  but  that  such  caution  was  quite  unneces 
sary,  as  the  freedmen  were  perfectly  quiet.  They  have  no  confidence  in  the  planter's  word, 
and  the  presence  of  an  officer  is  imperative  in  every  transaction.  Small-pox  still  prevails  to 
a  considerable  extent. 

ORANGEBURG    DISTRICT. 

All  here  is  very  quiet;  no  disturbances  of  any  kind  are  reported.  Crops  are  being  satis 
factorily  divided,  but  are  generally  very  small.  Few  contracts  are  being  made  for  1866. 
Some  freedmen  are  desirous  of  contracting,  but  receive  little  or  no  encouragement  from  the 
planters.  Some  planters  refuse  to  contract  because  they  fear  orders  from  the  bureau  conflict 
ing  with  State  legislation  on  the  subject.  They  desire,  in  fact,  and  are  working  for,  the 
abolishment  of  the  bureau,  as  they  want  to  manage  the  freedmen  without  its  assistance,  but 
it  is  doubtful  whether  their  management  would  be  a  judicious  one.  The  freedmen  have  no 
faith  in  their  late  masters,  but  rest  it  solely  in  the  bureau.  Much  difficulty  and  distress  is 
anticipated  in  consequence  of  the  planters'  disposition  to  drive  away  the  aged  and  inlirm  on 
account  of  their  inability  to  work.  .  Schools  are  doing  well.  Many  utterly  destitute  refugees 
are  in  the  district. 

Besides  those  causes  specified  in  the  report,  where  freedmen  have^been  driven  away  by 
their  employers  without  pay  for  labor  done,  a  report  has  been  received  from  one  of  the  agents 
on  the  coast,  giving  a  list  of  seven  planters  who  have  thus  defrauded  their  employes  out  of 
pay  to  the  amount  of  seventeen  hundred  dollars,  (§1,7UU.) 

The  following  are  the  circulars  referred  to  in  the  foregoing  testimony,  and  ordered  to  be 
appended  thereto : 

PROPOSED  CIRCULAR  OF  BRIGADIER  GENERAL  R.  SAXTON. 

[Circular  No.  1.] 

HEADQUARTERS  ASSISTANT  COMMISSIONER,  BUREAU  REFUGEES, 

FREEDMEN,  AND  ABANDONED  LANDS,  SOUTH  CAROLINA, 

Charleston,  Suutli  Carolina,  January  8,  1866. 

I.  All  officers  and  agents  of  this  bureau  are  required  to  see  that  it  is  well  understood  be 
tween  the  planters  and  freedmen  that  no  deductions  of  wages  are  to  be  made  for  the  follow 
ing  holidays,  viz:  New  Year's,  national  and  State  fast  days,  Fourth  of  July,  national  and 
State  thanksgiving  days,  and  Christmas  day;  nor  will  the  freedmen  be  required  to  work  on 
those  days,  excepting  to  perform  such  necessary  labor  as  is  required  on  the  Sabbath  day. 

II.  It  is  reported  that  in  some  parts  of  this  State  armed  parties  are,  without  proper  author 
ity,  engaged  in  seizing  all  fire-arms  found  in  the  hands  of  the  freedmen.     Such  conduct  is  in 
plain  and  direct  violation  of  their  personal  rights  as  guaranteed  by  the  Constitution  of  the 
United  States,  which  declares  that  "the  right  of  the  people  to  keep  and  bear  arms  shall  not 
be  infringed."     The  freedmen  of  South  Carolina  have  shown  by  their  peaceful  and  orderly 
conduct  that  they  can  safely  be  trusted  with  lire-arms,  and  they  need  them  to  kill  game  for 
subsistence,  and  to  protect  their  crops  from  destruction  by  birds  and  animals. 

III.  The  planter  who  refuses  to  make  a  fair  and  reasonable  contract  with  the  freedmen 
residing  upon  his  place  will  not  be  permitted  to  remove  them  from  his  plantation,  unless 
they  should  refuse  to  enter  into  fair  and  reasonable  contracts  with  safld  planters,  nor  then, 
only  upon  application  to,  or  approval  by,  the  proper  agent  of  the  Freedmeii's  Bureau. 

IV".  In  cases  where  contracts  between  planters  and  freedmeu  prescribe  penalties  for  their 
non-fulfilment  on  the  part  of  the  freedmen,  no  other  penalties  than  those  designated  in  the 
contract  can  lawfully  be  inflicted  upon  the  freedmen  by  the  planter.  In  cases  ot  sickness, 
where  the  freednian  works  for  a  share  of  the  crop,  a^id  no  damage  results  to  the  crop  from 
such  sickness,  no  deduction  must  be  made  from  the  freedman's  share  of  the  crop. 

The  provisions  of  this  circular  will  be  published  to  both  the  planters  and  the  freedmen, 
and  will  be  strictly  enforced  throughout  the  State  of  South  Carolina. 

By  order  of  Brevet  Major  General  R.  Saxton,  assistant  commissioner. 

_ — — —  _  j 

Assistant  Adjutant  General. 


230  RECONSTRUCTION. 


CIRCULARS  ISSUED  BY  BRIGADIER  GENERAL  R.  SAXTON. 
[Circular  No.  1.] 

HEADQUARTERS  ASS'T  COMMISSIONER  BUREAU  REFUGEES,  FREEDMEN, 
AND  ABANDONED  LANDS,  SOUTH  CAROLINA  AND  GEORGIA, 

Beaufort,  S.  C.,  June  10,  ]HM. 

In  accordance  with  Special  Orders  No.  238,  current  series,  from  the  War  Department,  the 
undersigned  hereby  assumes  control  of  all  matters  relating  to  refugees,  freedmen,  and  aban 
doned  lands,  as  assistant  commissioner  of  the  bureau  for  the  States  of  South  Carolina  and 
Georgia,  headquarters  at  Beaufort,  South  Carolina,  where  all  communications  relating  to 
the  Freedmen's  Bureau  for  the  above-mentioned  States  should  be  addressed. 

To  this  bureau  is  intrusted  the  supervision  and  management  of  all  abandoned  lands,  the 
educational,  industrial,  and  other  interests  of  refugees  and  freedmen,  and  the  location  of 
such  as  may  desire  it  on  homes  of  forty  (40)  acres,  where,  by  faithful  industry,  they  "can 
readily  achieve  an  independence.  I  earnestly  solicit  the  co-operation  and  aid  of  the  military 
authorities  of  the  department  in  this  work.  The  policy  which  has  been  pursued  on  the  sea 
islands  of  South  Carolina  and  Georgia  will  be  continued,  subject  to  such  modifications  as 
may  be  made  from  time  to  time  by  the  head  of  the  bureau  at  Washington.  No  such  relation 
as  master  anj}  slave  Avill  be  recognized,  as  every  man,  woman,  and  child  within  these  States 
has  been  declared  "forever  free"  by  President  Lincoln's  proclamation  of  January  J,  1863; 
ar.d  all  commissioners  are  required  to  protect  those  within  their  jurisdiction  in  the  enjoy 
ment  of  their  rights.  The  freedmeu  should  accept  with  thankful  hearts  the  great  boon  of 
liberty  which  a  kind  Providence  has  vouchsafed  to  them,  and  by  industry  and  good  conduct 
prove  themselves  worthy  of  it,  showing  to  those  who  have  no  faith  in  their  capacity  that 
in  freedom  they  can  become  better  men  and  better  citizens.  The  late  masters  should"  heed 
the  teachings  of  the  great  struggle  through  which  the  nation  has  passed,  and  accept  the  re 
sult  as  the  verdict  of  the  Almighty  against  "human  slavery. 

Adopting  the  noble  creed  of  our  late  honored  President,  ""with  malice  towards  none,  and 
charity  to  all  ;  with  firmness  in  the  right,  as  God  gives  us  to  see  the  right,"  let  us  strive 
earnestly  to  establish  peace  and  good  will,  and,  recognizing  the  inalienable  rights  of  all 
men,  do  what  we  can  to  inaugurate  for  our  country  a  fairer  future  of  happiness  and  pros 
perity. 

R.  SAXTON, 
Brevet  Major  General,  Assistant  Commissioner. 


[Circular  No.  2.] 

HEADQUARTERS  ASS'T  COMMISSIONER  BUREAU  REFUGEES,  FREEDMEN, 
AND  ABANDONED  LANDS,  SOUTH  CAROLINA,  GEORGIA,  AND  FLORIDA, 

Beaufort,  S.  C.,  August  16,  1805. 
To  the  Freedmen  of  South  Carolina,  Georgia,  and  Florida  : 

In  entering  upon  that  portion  of  my  duty  which  relates  to  your  welfare,  I  deem  it  proper 
to  address  to  you  a  few  words  of  counsel.  By  the  emancipation  proclamation  of  President 
Lincoln,  the  laws  of  Congress,  and  the  will  of  God, you  have  been  declared  "forever  free." 
At  the  outset  of  your  new  career  it  is  important  that  you  should  understand  some  of  the 
duties  and  responsibilities  of  freemen.  Your  first  duty  is  to  go  to  work  at  whatever  honest 
labor  your  hands  can  find  to  do,  and  provide  food,  clothing,  and  shelter  for  .your  families. 
Bear  in  mind  that  a  man  who  will  not  work  should  not  be  allowed  to  eat.  Labor  is  enno 
bling  to  the  character,  and,  if  rightly  directed,  brings  to  the  laborer  all  the  comforts  and 
luxuries  of  life.  The  only  argument  left  to  those  who  would  keep  you  in  slavery  is,  that  in 
freedom  you  will  not  work  ;  that  the  lash  is  necessary  to  drive  you  to  the  cotton  and  rice 
fields  ;  that  these  fair  lauds  which  you  have  cultivated  so  many  years  in  slavery  will  now 
be  left  desolate.  On  the  sea  islands  of  South  Carolina,  Georgia,  and  Florida,  where  your 
brethren  have  been  free  for  three  years,  they  have  nobly  shown  how  much  better  they  can 
work  in  freedom.  Over  forty  thousand  are  now  engaged  in  cultivating  the  soil,  their  chil 
dren  are  being  educatea,  and  they  are  self-sustaining,  Irnppy,  and  free.  Some  are  working 
1'or  wages;  others  are  cultivating  the  laud  on  shares,  giving  one-half  to  the  owner. 

The  agents  of  the  Freedmen's  Bureau  will  aid  you  in  making  contracts  to  work  for  fair 
wages  for  your  former  masters  or  others  who  may  desire  to  hire  you,  or  will  locate  you  oil 
small  farms  of  forty  acres,  which  you  can  hire  at  an  easy  rent,  with  an  opportunity  to  pur 
chase  at  low  rates  any  time  within  three,  years.  These  are  splendid  opportunities.  Freed 
men,  let  not  a  day  pass  ere  you  find  some  work  for  your  hands  to  do,  and  do  it  with  all  your 
might.  Plough  and  plant,  dig  and  hoe,  cut  and  gather  in  the  harvest.  Let  it  be  seen  'that 
where  in  slavery  there  was  raised  a  blade  of  corn  or  a  pound  of  cotton,  in  freedom  there  will 
be  two.  Be  peaceful  and  honest,  Falsehood  and  theft  should  not  be  found  in  freedom  ; 
they  are  the  vices  of  slavery.  -Keep  in  good  faith  all  your  contracts  and  agreements,  reinein 


VIRGINIA NORTH    CAROLINA SOUTH    CAROLINA.  231 

bering  always  that  you  are  a  slave  no  longer.  While  guarding  carefully  your  own  rights, 
be  as  careful  not  to  violate  your  neighbor's.  "Do  unto  others  as  you  would  they  should  do 
unto  you." 

In  cases  where  you  feel  that  you  have  been  wronged,  it  is  neither  wise  nor  expedient  to- 
take  redress  into  your  own  hands,  but  leave  the  matter  to  be  settled  by  three  impartial  friends 
of  both  parties,  'in  cases  of  difficulty  between  white  men  and  yourselves,  you  should  ap 
peal  to  one  of  the  agents  of  this  bureau  in  your  vicinity,  who  may  appoint  one  referee,  the 
other  party  one,  and  you  should  appoint  a  third,  and  the  decision  of  the  majority  should  be 
considered  final.  By  this  easy  mode  of  settling  difficulties  much  trouble  may  be  avoided. 

In  slavery  you  only  thought  of  to-day.  Having  nothing  to  hope  for  beyond  the  present, 
you  did  not  think  of  the  future,  but,  like  the  ox  and  horse,  thought  only  of  the  food  and 
work  for  the  day.  In  freedom  you  must  have  an  eye  to  the  future,  and  have  a  plan  and  ob 
ject  in  life.  Decide  now  what  you  are  to  do  next  year  ;  where  you  are  to  plant  in  the  spring, 
ai>d  how  much  ;  and  in  the  autumn  and  winter  prepare  your  land  and  manure  for  the  early 
spring  planting.  After  being  sure  that  you  have  planted  sufficient  corn  arid  potatoes  for 
food, 'then  put  In  all  the  cotton  and  rice  you  can,  for  these  are  the  crops  which  will  pay  the 
best.  Bear  in  mind  that  cotton  is  a  regal  plant,  and  the  more  carefully  it  is  cultivated  the 
greater  will  be  the  crop.  Let  the  world  see  ere  long  the  fields  of  South  Carolina,  Georgia, 
and  Florida  white  with  this  important  staple  cultivated  by  free  labor. 

In  slavery  the  domestic  relations  of  man  and  wife  were  generally  disregarded.  Virtue, 
purity,  and  honor  among  men  and  women  were  not  required  or  expected.  All  this  must 
change  now  that  you  are  free.  The  domestic  altar  must  be  held  sacred,  and  with  jealous 
care  must  you  guard  the  purity  of  a  wife,  a  sister,  or  a  daughter,  and  the  betrayer  of  their 
honor  should  be  punished,  and  held  up  to  universal  condemnation.  You  are  advised  to 
study,  in  church  and  out  of  it,  the  rules  of  the  marriage  relation  issued  from  these  head 
quarters.  Colored  men  and  women,  prove  by  }*our  future  lives  that  you  can  be  virtuous 
and  pure. 

No  people  can  be  truly  great  or  free  without  education  Upon  the  education  of  your  chil 
dren  depends  in  a  great  degree  the  measure  of  your  success  as  a  people.  Send  your  children 
to  school  whenever  you  can.  Deny  yourselves  even  the  necessaries  of  Ijfe  to  keep  your  boys 
and  girls  at  school,  and  never  allow  them  to  be  absent  a  day  or  an  hour  while  it  is  in  session. 

Your  liberty  is  a  great  blessing  which  has  been  vouchsafed  to  you,  and  you  should  be  pa- 
tient  and  hopeful.  The  nation,  through  this  bureau,  has  taken  your  cause  in  hand,  and  will 
endeavor  to  do  you  ample  justice.  If  you  do  not  obtain  all  your  rights  this  year,  be  con 
tent  with  part,  and  if  you  act  rightly  all  will  come  in  good  time.  Try  to  show,  by  your  good 
conduct,  that  you  are  worthy  of  all,  and  whatever  may  happen  let  no  uneasy  spirit  stir  you 
up  to  any  act  of  rebellion  against  the  government.  Strive  to  live  down,  by  your  true  and 
loyal  conduct,  the  wicked  lie  and  weak  invention  of  your  enemies,  that  in  any  event  you 
would  rebel  against  that  government  and  people  which  have  sacrificed  so  many  precious 
lives  and  so  much  treasure  in  your  cause.  Could  you  rise  even  against  those  who  would 
oppress  you,  or  against  a  government  which  has  given  you  a  right  to  yourselves,  your 
wives,  and  children,  and  taken  from  you  the  ov*seer,  the  slave  trader,  the  auction  block, 
and  broken  the  driver's  whip  forever ?  I  have  no  fears  on  this  point,  and  trust  you  to  show 
those  who  have  how  groundless  they  are.  and  that  you  are  willing  to  leave  your  cause  in 
the  hands  of  the  government.  Ever  cherish  in  your  hearts  the  prayerful  spirit,  the  trusting, 
childlike  faith  in  God's  good  providence,  which  has  sustained  so  many  of  you  in  your 
darkest  hour. 

The  assistant  commissioners  and  agents  of  this  bureau  will  publish  this  circular  to  the 
freed  men  throughout  these  States,  and  ministers  of  the  Gospel  are  requested  to  have  it  read 
in  all  the  churches  where  the  freedmeu  are  assembled. 

R.  SAXTON, 
Brevet  Major  General,  Assistant  Commissioner. 


WASHINGTON,  February  23,  1866. 
Captain  Alexander  P.  Kctchum  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  You  reside  at  Charleston,  South  Carolina? 

Answer.  Yes,  sir;  I  have  been  stationed  there  since  October  last. 

Question.  What  position  have  you  occupied  there  ? 

Answer.  I  have  been  acting  assistant  adjutant  general  for  General  Howard,  charged  with 
the  restoration  of  the  Sea  Island  lands,  under  special  .instructions. 

Question.  That  has  been  your  principal  duty  ? 

Answer.  Yes,  sir. 

Question.  How  do  you  find  the  condition  of  the  secessionists  of  South  Carolina,  so  far  as 
your  observation  extends  ;  are  they  friendly  to  the  United  States,  or  are  they  hostile? 

Answer.  To  answer  the  question  in  one  word,  I  should  say  they  are  not  friendly  to  the 


232  RECONSTRUCTION. 

United  States.  There  are  reasoning  men  among:  them  who  are  friendly  to  certain  policies, 
and  who  profess  friendship  to  the  government,  but  I  think  this  is  more  for  personal  reasons 
than  because  they  have  any  real  friendship  for  the  United  States. 

Question.  Can  you  give  any  reason  why  you  have  drawn  this  inference ;  whether  it  is 
from  expressions  you  have  heard  used,  or  from  the  acts  which  they  commit  ? 

Answer.  I  was  stationed  at  Savannah  in  February,  1865,  on  General  Saxton's  staff, 
charged  with  carrying  out  the  order  of  General  Sherman  in  Georgia.  I  resided  then  with  a 
southern  family  and  came  in  contact  wifch  southern  gentlemen.  As  a  general  rule,  even  the 
most  intelligent  among  them  looked  upon  the  United  States  as  an  aggressive  power,  and 
complained  bitterly  and  in  unequivocal  terms  of  the  position  of  subjugation  to  which  they 
said  they  were  reduced.  I  saw  no  spirit  of  friendship  manifested  towards  the  government, 
although  there  was  an  expressed  willingness  to  submit  to  the  necessities  of  the  situation. 
They  complained  in  many  cases  of  the  officers  charged  with  carrying  out  the  orders  of  gov 
ernment,  were  quite  frequent  in  their  expressions  of  dissatisfaction  with  the  negroes,  and 
were  bitterly  hostile  to  the  order  of  General  Sherman  relative  to  sea-island  lands.  Officers 
of  the  late  rebel  army  expressed  themselves  in  strong  phrases  against  Union  officers,  and  in 
some  instances  insulted  them  openly.  I  do  not  recollect  that  they  used  violence  in  the  first 
instance,  but  at  the  hotels  they  would  abuse  them,  calling  them  d — d  Yankee  officers,  wear 
ing  the  d — d  uniform  of  the  United  States.  These  insults  were  on  one  or  two  occasions  re 
sented,  and  violence  was  the  result. 

Question.  Who  got  the  best  of  it  ? 

Answer.  The  Union  officers. 

Question.  You  considered  that  right,  didn't  you  ? 

Answer.  Most  assuredly  I  did.  They  said  they  had  nothing  to  expect  from  the  United 
States. government.  The  rebellion  was  crushed.  They  at  first  anticipated  the  entire  confis 
cation  of  their  lands — expressed  that  expectation  often,  in  my  presence — and  it  was  remark 
able  that  notwithstanding  these  expectations  the  people  were,  comparatively  speaking,  sub 
missive  and  prepared  to  abide  the  issue.  They  would  sometimes  lose  control  of  themselves, 
and  speak  in  severe  language,  but  in  general  were  quietly  submissive  to  the  authority  of  the 
government.  Afterwards,  when  a  different  policy  from  the  one  they  expected  began  to  ap 
pear,  on  the  part  of  the  government — when  the  amnesty  proclamation  was  published  and  the 
lenient  or  liberal  policy  of  President  Johnson  announced,  I  thought  I  saw  a  marked  change 
in  their  demeanor;  they  were  more  aristocratic  and  less  inclined  to  submit  to  the  authority 
of  the  government  of  the  United  States.  On  the  4th  of  July  the  negro  firemen  of  Savannah 
desired  to  parade  with  their  engines,,  but  were  forbidden.  I  was  then  in  charge  of  Freed 
om's  Bureau  affairs  at  that  city,  and  asked  the  superintendent  of  the  fire  department  why  he 
had  forbidden  the  negroes  to  parade.  He  said  they  wished  to  practice  with  their  engines, 
which  could  not  be  permitted  that  day.  I  assembled  some  of  the  firemen  and  in  presence  of 
the  superintendent  asked  them  whether  that  was  their  purpose.  They  said  it  was  not,  and 
that  they  would  be  satisfied  to  parade  with  their  engines  on  the  streets.  The  superintendent 
then  answered  that  it  was  too  late  to  make  the  request ;  that  if  it  had  been  presented  in  due 
form  in  time,  it  might  have  been  granted,  f  told  him  there  was  no  reason  why  it  should  not 
be  granted  now  ;  that  this  was  the  first  Independence  day  they  had  had  the  opportunity  of 
celebrating  since  their  emancipation,  and  I  thought  they  should  be  allowed  to  parade  ;  that 
if  he  refused  I  should  carry  the  matter  before  higher  authority;  I  could  see  no  good  reason 
for  making  an  invidious  distinction  between  the  black  firemen  and^the  white  firemen,  who 
had  been  permitted  to  parade.  I  then  presented  the  request  officially,  and  he  yielded.  The 
firemen  paraded,  but  a  mob  of  secessionists  attacked  them,  dispersed  them,  and  seized  their 
engine,  which  they  with  difficulty  obtained  again.  One  of  the  colored  firemen  brought  ac 
tion  the  next  day  in  the  provost  court,  presided  over  by  a  United  States  officer,  against  a 
person  he  named,  one  of  the  mob,  as  he  alleged,  for  assault  and  battery.  He  had  four  wit 
nesses.  The  judge  decided  they  had  no  cause  of  action,  and  the  case  was  dismissed;  but 
the  plaintiff  and  his  four  colored  witnesses  were  not  allowed  to  return  home,  but  remanded 
to  jail. 

Question.  How  did  that  happen? 

Answer.  It  was  for  a  reason  unexplained  at  that  time.  I  was  informed  that  no  order  was 
issued,  and  that  the  officer  directed  to  keep  them  in  jail  did  not  at  first  know  why  they  were 
sent  there.  I  was  then  out  of  town.  When  I  returned  these  men  had  been  tried,  convicted 
of  perjury,  and  sentenced  to  pay  a  fine  of  $5UO  and  to  serve  six  months  in  prison,  this  being 
the  severest  sentence  the  court,  could  inflict. 

Question.  Who  was  the  judge  ? 

Answer.  A  captain  of  a  Connecticut  regiment ;  he  is  now  out  of  tho  service. 

Question.  Do  you  remember  his  name? 

Answer.  It  does  not  occur  to  me  now.  I  visited  the  Colored  men  in  jail ;  they  said  they 
had  been  put  there  unjustly ;  that  they  were  not  guilty  of  perjury,  but  had  .sworn  truly ; 
that  ifthey  had  made  a  mistake  in  the  man,  which  they  could  not  believe,  tliey  had,  so  far  as 
they  knew,  sworn  truly,  and  had  been  tried,  sentenced,  and  imprisoned,  without  a  fair  hear 
ing.  I  went  to  the  court,  saw  the  judge,  and  asked  for  an "  explanation  ;  he  gave  a  very 
unsatisfactory  one.  I  then  requested  him  to  furnish  u:e  with  an  attested  copy  of  the  record 
of  the  proceedings ;  he  did  so.  I  discovered  that  these  men  had  been  tried  upon  a  charge 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  233 

quite  different  iu  character  from  the  offence  of  which  they  were  convicted ;  they  were  not 
charged  with  perjury,  but  with  malicious  prosecution;  yet  they  were  convicted  of  perjury. 
I  discovered  from  the  record  that  the  testimony  adduced  in  court*  was  entirely  inadequate  for 
such  conviction ;  that  there  was  really  no  sufficient  testimony  touching-  upon  the  point  in 
question.  I  made  a  statement  of  the  proceeding's  to  the  officer  in  command  at  Savannah, 
General  Davis;  at  first  he  agreed  to  remit  the  fine,  but  allowed  the  sentence  of  imprisonment 
to  remain ;  I  submitted  to  him  that,  if  anything-  was  to  be  remitted,  the  entire  sentence 
should  be :  if  they  were  guilty  of  perjury  to  any  extent,  the  sentence  was  not  too  heavy;  he 
assented,  and  ordered  their  release  promptly. 

Question.  If  I  understand  you,  this  second  suit  was  brought  against  the  plaintiff  and  his 
witnesses  for  malicious  prosecution,  and  that  the  provost  judge  convicted  them  of  perjury  ? 

Answer.  Yes,  sir. 

Question.  The  suit  for  malicious  prosecution  being-  for  the  recovery  of  damages  to  the 
injured  party,  and  the  conviction  of  perjury,  which  is  a  public  offence,  and  not  a  private  suit 
at  all  ? 

Answer.  Yes,  sir.  I  found  they  had  not  even  been  heard  on  their  own  behalf,  but  were 
convicted  entirely  upon  the  testimony  produced  in  the  first  case ;  they  desired  to  introduce 
further  testimony  in  die  second  case,  but  were  refused  by  their  own  counsel;  they  had  two 
counsel  assigned  them  by  the  provost  judge — one  an  ex-rebel  judge,  and  the  other  a  lawyer 
who  had  been  in  the  rebel  army.  These  two  men,  as  they  said,  told  them  that  it  would  be 
better  for  them  not  to  undertake  to  give  any  testimony,  and  thereupon  arose  in  court  and 
said  a  few  words,  making-  a  brief  appeal  to  the  humanity  of  the  judge  to  the  effect  that  they 
hoped  their  clients  would  be  well  and  fairly  treated.  I  was  entirely  satisfied  that  it  was  a 
case  of  wilful  and  malicious  prosecution  upon  the  part  of  the  white  men,  and  intended  to  be 
the  commencement  of  a  series  of  suits  against  freedmen  for  the  purpose  of  keeping-  them  out 
of  the  courts  if  possible,  and  not  permitting-  them  to  testify  against,  white  persons.  The  case 
was  much  talked  of,  and  I  have  no  doubt  the  action  of  General  Davis  in  the  matter  had  a 
good  effect. 

Question.  What  has  become  of  the  Connecticut  captain  who  acted  as  provost  judge  ? 

Answer.  He  was  mustered  out  of  service  very  soon  afterwards,  at  the  time  his  regiment 
was  mustered  out. 

Question.  Do  you  know  where  he  is  now  ? 

Answrer.  He  is  at  his  home  in  Connecticut. 

Question.  Does  his  name  occur  to  you  now  ? 

Answer.  I  cannot  recollect  it. 

Question.  Was  he  never  called  to  account  for  his  proceeding? 

Answer.  He  was  not.  I  did  not  get  the  order  revoking  the  sentence  until  just  before  he 
was  mustered  out.  Had  there  been  time,  I  should  have  felt  it  my  duty  as  an  officer  to  have 
preferred  charges  against  him. 

Question.  How  do  the  people  of  that  section  of  country  feel  on  the  subject  of  the  educa 
tion  of  the  freedmen? 

Answer.  There  are  a  few  gentlemen  of  the  more  intelligent  class  who  say  they  are  in  favor 
of  their  education  and  in  favor  of  establishing  schools  ;  but  these  are  very  few  ;  I  have  met 
such  in  the  cities,  but  not  in  the  country.  Indeed,  I  think  the  feeling  in  "the  rural  districts 
is  different  from  what  it  is  in  the  cities,  particularly  Charleston  and  Savannah.  At  Augusta.., 
there  is  more  bitterness  of  feeling  apparently  than  in  Savannah.  •  I  was  travelling  in  a  stage 
between  Savannah  and  Augusta,  perhaps  three  months  ago,  being  unknown  to  any  of  the  ' 
parties  present;  they  were  all  secessionists,  and  talked  freely;  one  was  a  youug  man  of 
education  and  ability,  and  all  of  them  gentlemen  of  intelligence.  This  young  man  talked 
freely  about  the  Freedmen's  Bureau,  and  the  officers  of  that  bureau ;  he  said,  as  a  general 
thing,  they  were  impracticable  men,  and  not  doing  the  right  thing.  His  plan  was  this  :  if  a 
negro  was  caught  in  the  act  of  stealing,  he  should  be  severely  punished ;  if  caught  the 
second  time,  he  should  be  hung  at  once,  without  ceremony.  His  opinion  was  indorsed  im 
mediately  by  the  several  gentlemen  present.  The  general  tenor  of  the  conversation  con 
vinced  me  that  there  was  no  disposition  among  those  gentlemen,  at  least,  to  treat  the  negro 
with  fairness. 

Question.  In  case  of  the  removal  of  the  federal  troops  and  of  the  Freedmen's  Bureau  from 
South  Carolina,  what  would  be  the  probable  condition  of  the  freedmen  ? 

Answer.  After  very  great  deliberation  upon  that  subject,  I  predict  that,  in  that  event,  an 
insurrection  of  the  blacks  would  follow  within  a  very  few  years. 

Question.   How  would  it  be  brought  about? 

Answer.  The  pride  of  opinion  of  the  South  Carolinians  is  such  that,  even  in  face  of  con-  1 
viction,   the  people  of  the  State  will  not  renounce  their  old  opinions ;    the  planters  will 
naturally  fall  back  into  the  old  system  of  slavery,  or  as  near  to  it  as  they  can  get.     The 
negroes  have  no  confidence  in  them  as  a  class,  and  the  planters  make  it  a  rule,  through  the 


between  the  two  classes ;  it  has  endeavored  to  persuade  the  freedman  to  trust  his  employer, 


234  RECONSTRUCTION. 

assuring  him  that  the  bureau  wotild  see  justice  done  him  ;  it  has  urged  the  master  to  give  up 
his  prejudices  and  treat  the  negro  fairly,  and  has  called  him  to  account  when  lit  has  Qeen  in 
fault,  so  that  the  negro  in  many  cases — in  most  cases — goes  to  work  satisfied  that  the  bureau 
will  protect  him  in  case  of  attempted  injustice.  The  intelligent  men  among  the  negroes 
speak  desparingiy  when  the  idea  of  withdrawing  the  troops  and  the  bureau  is  broached.  A 
gentleman  of  South  Carolina  is  very  frank  upon  this  subject,  but  would  not  express  his 
opinions  publicly  ;  he  is  a  liberal-minded  man,  and  knows  but  two  southerners  who  altogether 
agree  with  him:  he  believes  that  if  the  bureau  is  withdrawn  and  the  military,  there  will  l>e 
an  insurrection  of  the  blacks  within  a  few  years.  These  thoughts  are  not  expressed  publicly, 
and  this  is  the  only  person  I  know  of  in  South  Carolina  who  talks  thus  frankly.  General 
Sickles  the  other  (lay  showed  me  letters  received  from  his  subordinate  officers  relative  to  the 
counties  of  Edgefield  and  Laurens,  and  two  neighboring  counties  in  South  Carolina,  very 
near  to  Columbia.  They  report  that  there  are  organized  bands  of  "regulators'1 — armed 
men — who  make  it  their  business  to  traverse  these  counties,  and  maltreat  negroes  without 
any  avowedly  definite  purpose  in  view.  They  treat  the  negroes,  in  many  instances,  in  tl>e 
most  horrible  and  atrocious  manner,  even  to  maiming  them,  cutting  their  ears  off,  &c.  In 
one  case,  two  citizens  of  one  of  these  counties  testified  against  these  parties,  and  were  in 
stantly  compelled  to  leave  the  county,  barely  escaping  with  their  lives.  The  citizens  are 
bound  in  honor,  by  an  understanding  or  compact  among  them,  not  to  testify  against  these 
regulators ;  so  that  it  is  impossible  to  get  evidence  against  them  unless  the  negroes  give  it. 
The  evidence  seems  complete  that  these  atrocities  have  been  carried  on  in  the  counties  re 
ferred  to.  We  have  a  military  force  there,  but  it  is  sparsely  distributed.  General  Sickles, 
on  receiving  these  reports,  promptly  ordered  a  force  of  cavalry  and  infantry  to  pursue  the&e 
men,  and  take  them  if  possible,  dead  or  alive;  if  taken  alive,  they  are  to  be  brought  to 
Charleston,  when-  he  will  have  them  tried,  and,  if  convicted,  immediately  executed. 

Question.  Is  he  succeeding  in  catching  any  of  them? 

Answer.  He  had  just  received  the  letters  and  ordered  out  the  troops  as  I  left  Charleston. 

Question.   How  numerous  is  it  supposed  these  regulators  are  ? 

Answer.  It  is  supposed  they  are  quite  numerous — sufficiently  so  to  seriously  disturb  the!s~ 
counties  at  present.  They  form  into  bands  of  perhaps  twenty  or  thirty,  I  should  suppose,  from 
the  reports  I  have  heard.  I  was  at  Augusta,  Georgia,  a  short  time  ago,  a  city  situated  right 
opposite  Edgefield,  South  Carolina.  General  Tillson,  the  assistant  commissioner  for  Georgia, 
reported  a  very  bad  condition  of  things  in  that  county,  (Edgefield.)  The  planters  were 
.  making  contracts  with  the  negroes  for  $20  a  year,  and  the  military  officer  there,  a  lieu 
tenant,  was  approving  them.  I  reported  the  case  promptly  to  General  Saxton,  and  he  had 
another  officer  sent  there.  General  Sickles  has  said  it  may  become  necessary  to  remove  the 
colored  population  entirely  from  two  of  these  counties,  and  that  if  it  does  become  so  he  will 
remove  them  and  send  them  to  counties  where  their  labor  is  solicited  at  fair  wages.  General 
Scott,  the  assistant  commissioner  for  South  Carolina,  was  at  Georgetown,  in  that  iState,  a  few 
days  ago,  and  returned  to  Charleston  on  Friday  last.  He  reported  that  the  colonel  command 
ing  at  Georgetown  told  him  that  the  officers  of  Union  troops  stationed  there,  belonging  to  the 
^'Jth  Maine  and  the  54th  New  York  regiments,  were  almost  as  hard  in  their  treatment  of  the 
freedmen  as  the  rebels  themselves.  They  are  volunteers  desiring  to  leave  the  service,  and 
are  reckless  in  their  conduct.  The  officer  in  command  is  very  well  disposed  himself,  and 
doing  all  he  can  to  stop  these  outrages,  but  says  that  this  is  the  spirit  of  the  military 
officers  stationed  there.  General  Scott,  as  I  was  about  leaving,  urged  me  in  the  strong 
est  terms  to  represent  to  the  government  the  very  great  importance  of  retaining  a  mili 
tary  force  in  South  Carolina,  and  also  some  agency  to  do  what  the  Freedmeu's  Bureau  is 
doing  now.  (The  bureau  he  believes  the  best  agency.)  He  considers  it  vital  not  only  to 
the  interests  of  the  freedmen,  but  to  the  interests  of  the  whites  and  the  eventual  reorganiza 
tion  of  the  State.  I  have  had  an  opportunity  of  learning  the  views  and  feelings  of  many 
gentlemen  in  regard  to  the  bureau.  One,  a  planter,  a  gentleman  of  education  and  culture, 
was  at  the  office  of  the  assistant  commissioner  to  kave  rations  issued  to  the  planters,  that 
they  in  turn  might  give  them  to  the  freedmen,  and  so  run  their  plantations  the  present  year; 
the  value  of  the  rations  to  constitute  a  lien  on  the  crop.  (The  plan  has  not  been  approved.) 
After  talking  of  the  matter  freely,  and  showing  his  desire  to  receive  help  from  the  bureau,  be 
conversed  further  with  myself  and  the  assistant  commissioner:  then  returning  to  my  desk 
as  he  was  leaving,  he  said,  with  much  excitement,  "Captain,  where  do  you  reside?"  I  an 
swered  and  invited  him  to  call  upon  mo.  He  said,  "  I  will  do  so  ;  I  want  to  see  you  soine- 
where  outside  of  this  d d  bureau." 

Question.  Did  you  meet  him  subsequently  ? 

Answer.  Oh,  yes,  sir;  I  met  him  a  number  of  times.  We  have  much  business  intercourse 
with  such  gentlemen,  and  prefer  not  to  yield  to  excitement  in  the  transaction  of  business,  de 
siring  rather  to  hear  and  learn  the  truth.  I  will  mention  a  conversation  which  occurred  on 
a  steamboat  between  Charleston  and  Savannah.  The  conversation  was  with  a  gentleman, 
formerly  a  planter,  and  now  desirous  of  getting  back  his  sea-island  plantations,  which  I 
could  not  restore  to  him,  because  he  was  unable  to  make  a  mutually  satisfactory  arrange 
ment  with  his  people.  He  said  to  me  that  the  Charleston  Mercury  had  made  a  number  of 
prophecies  which  had  come  true,  and  one  other  which  time  would  show  the  truth  of,  viz  : 
That  when  the  war  was  ended,  poison  and  the  knife  would  take  the  place  of  the  bayonet  and 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  235 

the  sword  ;  it  Avas  unpleasant,  ho  said,  to  think  of  coming  upon  a  man  during1  his  sleeping 
moments  and  making  way  with  him,  but  these  things  might  still  occur;  that  the  government 
must  conciliate  the  white  man  of  the  south;  must  give  him  back  his  property;  especially 
must  it  restore  the  sea-island  property  ;  that  if  it  failed  to  do  so,  some  men  might  become 
desperate.  It  was  quite  easy,  he  said,  to  make  way  with  an  officer  without  entering  his 
room ;  he  could  be  seen  through  a  pane  of  glass,  and  reached  quite  as  effectually  as  if  he 
were  in  the  same  room. 

Question.  Was  this  a  man  of  influence  ? 

Answer.  I  do  not  think  him  a  man  of  much  influence.  He  had  been  a  Wealthy  man — a 
planter.  I  do  not  think  he  represents  the  feelings  of  a  majority  of  the  planters,  although  he 
seemed  to  think  he  did.  There  are  very  few,  I  believe,  who  would  indorse  the  sentiments 
he  expressed. 

Question.  He  is  one  of  the  sea-island  proprietors  ? 

Answer.  Yes,  sir.  I  do  not  mention  his  conversation  as  an  indication  of  the  prevailing 
sentiment  of  the  south,  for  I  honestly  believe  it  is  not,  yet  it  shows  what  some  southern  men, 
of  position  will  say,  even  to  a  Union  officer.  He  indicated,  further,  that  it  would  be  very 
unsafe  for  a  northern  man  to  remain  in  the  south  in  case  the  government  should  fail  to  con 
ciliate  the  southern  white  people.  A  gentleman,  formerly  of  large  wealth  and  an  eminent 
rice  planter  of  South  Carolina,  but  now  very  much  reduced  in  circumstances,  proposes  to 
work  his  plantation  on  the  northern-farm  principle,  and  was  talking  with  me  in  regard  to 
obtaining  capital.  I  asked  him  why  it  is  that  the  newspapers  of  the  south  abuse  the  negroes 
and  the  Freedmen's  Bureau  as  they  do,  and  make  it  appear  that  the  Yankees,  as  they  term, 
them,  may  not  be  able  to  live  in  safety  on  a  South  Carolina  plantation.  "  How  do  you  ex 
pect  to  succeed,"  said  I,  "if  you  continue  to  abuse  the  negro,  who  is  your  laborer,  the  north 
ern  man,  who  is  your  capitalist,  and  the  bureau,  which  is  your  mediator  to  arrange  your  rela 
tions  with  your  laborers  ?"  He  said  this  was  owing  to  the  pride  of  opinion  of  the  south.  It 
could  not  give  up  its  pride  of  opinion.  He,  himself,  personally,  had  done  so,  but  the  people, 
as  a  mass,  would  not  do  it.  In  numerous  conversations  I  have  spoken  with  planters  of  what 
I  termed  the  State  suicide  of  South  Carolina,  as  exhibited  in  her  presentcburse.  They  seem 
to  see  the  force  of  the  remark,  and  to  assent  to  it  in  theory,  but  there  is  no  one  of  them  bold 
enough  to  come  out  publicly  and  oppose  the  prevailing  sentiment  of  the  people.  In  a  con 
versation  upon  the  railroad  I  heard  a  gentleman  from  the  up  country,  as  it  is  called,  say  that 
if  the  confounded  Yankees  would  leave  the  south  the  planters  would  get  along  well  enough 
with  the  "  nigger ;"  they  knew  how  to  manage  him.  The  speaker  was  bold  in  his  remarks, 
and  very  loud.  A  gentleman  next  to  me  in  the  car,  discovering  I  was  an  officer,  seemed 
disposed  to  be  apologetical.  He  said  the  gentleman  opposite  did  not  seem  to  know  how  to 
manage  his  negroes ;  as  for  himself,  he  could  get  along  very  well  with  his.  He  gave  his 
negroes  to  understand  that  if  he  should  catch  one  of  them  stealing  he  woiild  take  his  life.  And 
lie  added  to  me  that  he  would  be  willing  to  lose  his  own  life,  if  the  government  so  decreed, 
for  the  purpose  of  carrying  out  his  threat  upon  the  negro  who  should  dare  to  steal  from  him. 

Question.  Did  he  say  he  would  take  the  life  of  the  negro  without  trial  or  judgment  ? 

Answer.  He  said  nothing  about  trial  or  judgment,  but  simply  spoke  of  catching  the  negro 
himself  stealing  his  property.  He  then  spoke  of  the  negro  in  terms  which  I  have  often 
heard  used,  degrading  him  to  one  step  above  the  baboon,  and  defended  his  theory  by  nu 
merous  arguments.  I  felt  that,  though  he  was,  perhaps,  succeeding  very  well  now  with  his 
people,  he  would  not,  perhaps,  succeed  so  well  if  he  were  at  liberty  to  carry  out  all  his 
theories. 

Question.  Do  the  mass  of  the  people  of  South  Carolina  seem  to  have  repudiated,  or  laid 
aside,  the  doctrine  of  the  right  of  secession  ? 

Answer.  No,  sir. 

Question.  They  accept  the  position,  though ;  acknowledge  the  fact  that  they  are  subdued, 
and  that  their  scheme  of  secession,  for  the  present,  is  a  failure? 

Answer.  They  acknowledge  that  fully.  ** 

Question.  Do  I  understand  you  to  say  that  no  instance  has  come  under  your  observation 
where  a  South  Carolina  secessionist  has  renounced  the.  doctrine  of  the  rightttilness  of  se 
cession  ? 

Answer.  Not  one. 


Question.  How  much  willingness  did  you  observe,  upon  the  part  of  the  whites  of  South 
Carolina,  to  allow  civil  rights  to  the  blacks;  that  is,  the  domestic  rights  of  father  and  child, 
husband  and  wife,  &c.,  the  right  to  acquire  property  by  regular,  legal' title,  and  the  right  to 
sue  in  the  courts,  and  obtain  redress  for  their  wrongs  in  that  way  ? 

Answer.  The  domestic  relations,  I  think,  they  are  willing  to  respect.  They  profess  a*will- 
ingness  to  have  the  negro  testify  in  the  courts,  but  it  seems  to  me  they  generally  take  the 
ground  that  his  testimony  against  a  white  man  is  of  little  worth.  I  think  there  is  a  decided 
opposition  to  the  negro's  holding  real  estate,  by  lease  or  in  fee.  The  intense  opposition  that 
exists  to  the  negro's  settling  on  the  sea-island  lands  is,  I  think,  that  it  will  establish  a  pre 
cedent;  that  the  negro  will  thereby  hold  estate,  the  government  acknowledging  his  right  to 
hold  it,  They  attach  less  weight  to  their  theories  than  to  the  practical  result  of  them :  they 
are  afraid  if  the  negroes  hold  their  lands  by  lease  it  will  be  difficult  to  get  possession  of  them 
again.  A  reverend  gentleman  from  the  upper  part  of  the  State  said,  in  reply  to  questions 


236  RECONSTRUCTION. 

addressed  to  him  on  Hie  subject,  that  the  South  Carolinians  would  never  permit  the  negro  to 
hold  real  estate — never  !  That  was  his  individual  sentiment.  Some  southern  men  profess 
to  feel  differently. 

Question.  How  do  they  appear  to  feel  in  respect  to  the  education  of  the  blacks  ? 

Answer.  Many  profess  indifference,  and  a  very  few  publicly  advocate  it.  I  do  not  think 
there  would  be  any  serious  opposition  to  it  in  the  immediate  neighborhood  of  the  cities,  but 
feel  sure  there  would  in  the  back  counties. 

Question.  Is  the  treatment  of  the  negro  more  harsh  in  the  rural  districts  than  in  towns  ? 

Answer.  I  thiak  so. 

Question.  In  case  of  a  war  between  this  country  and  any  foreign  power,  what  do  you 
think  would  be  the  feeling  of  South  Carolina  secessionists  in  regard  to  such  an  issue  as  that  ? 

Answer.  I  think  they  would  watch  the  indications  with  the  utmost  care,  and  would  side 
with  our  opponents,  if  they  found  they  could,  by  doing  so,  assist  in  the  destruction  of  this 
government.  I  honestly  and  firmly  believe  this. 

Question.  Would  that  be  the  course  of  the  mass  of  the  people ;  or  would  there  be  a  division 
of  opinion  ?  What  course  would  the  leaders  pursue  ? 

Answer.  I  think,  eventually,  that  would  be  their  course. 

Question.  And  they  would,  eventually,  carry  the  masses  with  them,  would  they  not? 

Answer.  I  think  so;  although  such  a  movement  would  be  approached  with  great  caution. 

Question.  Do  they  entertain  any  scheme  of  secession  based  upon  any  such  state  of  facts 
as  this  ?  They  are  anxious  to  have  their  senators  and  representatives  admitted  into  Con 
gress  ;  there  is  no  doubt  about  that  ? 

Answer.  There  is  no  doubt  about  that. 

Question.  They  think  there  is  a  great  majority  for  it  ? 

Answer.  So  they  say. 

Question.  Suppose  these  men  were  admitted  into  the  Senate  and  House  of  Representatives 
from  South  Carolina  and  other  rebel  States,  and  suppose  a  man  were  to  be  elected  as  Pres 
ident  of  the  United  States  who  would  renounce  the  right  of  coercion  as  Mr.  Buchanan  did, 
thus  leaving  the  executive  and  legislative  branches  of  the  government  composed  of  men  who 
denied  the  right  of  coercion  ;  what  would  be  the  course  likely  to  be  pursued  by  the  secession 
ists?  would  tliey  reassert  secession  and  go  out  of  the  Union  again  ? 

Answer.  They  have  been  taught  a  fearful  lesson,  and  I  do  not  think  they  would  be  dis 
posed  to  venture  upon  another  war. 

Question.  But  suppose  Congress  and  the  administration  were  composed  of  such  men  that 
no  coercion  would  be  used  ? 

Answer.  Then  I  think  they  would  go  out  again. 

Question.  Have  you  any  reason  to  suppose  that  is  one  of  the  ultimate  objects  at  which 
they  aim  ?  Is  that  one  ground  of  their  great  anxiety  to  be  represented  in  Congress,  that  by 
an  alliance  with  a  party  at  the  north  they  may  obtain  control  of  the  government  ? 

Answer.  That  is  my  opinion,  though  I  do  not  base  it  upon  anything  they  have  stated  to 
me,  for  they  are  very  judicious  in  what  they  say  on  this  subject  in  presence  of  northern  men. 
I  have  seen  so  much  of  the  secessionists  that  I  have  but  little  faith  in  their  loyalty  ;  I  have 
been  forced  to  this  conviction,  although  I  have  hoped  for  better  things. 

Question.  How  have  you  been  treated' socially  by  the  secessionists  ? 

Answer.  I  have  had  scarcely  anything  to  do  with  them  socially. 

Question.  Have  you  ever  been  invited  to  their  houses  ? 

Answer.  Never  but  once,  since  I  have  been  at  Charleston  ;  the  invitation  came  from  a  party 
quite  humble  in  place  and  position.  Their  social  hostility  to  us  I  think  is  complete.  At  Sa 
vannah  I  boarded  with  pleasant  people,  secessionists ;  but  through  the  city  the  same  social 
distinction  was  observed.  These  distinctions  are  so  marked  in  southern  cities  that  north 
ern  people  who  board  and  lodge  with,  and  so  support  southern  families,  are  sometimes  denied 
a  participation  in  the  social  receptions  of  these  very  families  they  support,  although  persons 
of  refinement  and  good  social  position.  The  southerners  socially  ostracize  even  those  upon 
whom  they  are  dependent.  This  practice  is  very  general.  I  think  there  is  a  disposition  to 
permit  pleasant  relations  between  themselves  and  our  officers  in  some  cases,  but  it  is  for  per 
sonal  reasons.  A  few  days  since  a  lady  of  Charleston  spoke  to  one  of  our  officers  of  the  bit 
terness  that  exists  between  the  north  and  the  south,  and  said  she  hoped  that  bitterness  would 
continue  ;  she  wished  to  see  it  continue  to  her  dying  day,  and  never  wanted  it  obliterated 
or  modified. 

Question.  Does  it  appear  to  be  a  dislike,  a  cultivated  habitual  dislike  to  the  northern  peo 
ple,  because  they  are  such,  or  what  is  the  foundation  of  it  ? 

Answer.  Not  because  they  are  northern  people,  but  because  they  acknowledge  in  their 
hearts  the  superiority  of  the  north,  the  superiority  of  northern  enterprise  and  the  northern 
mind  ;  I  believe  this  firmly.  They  think  their  power  as  a  community  is  departing ;  that  their 
immense  estates  are  eventually  to  be  divided  up,  and  bought  by  northern  men  and  negroes  ; 
that  before  the  law,  at  least,  the  negro  will  be  equal  with  the  white  man.  A  theory  which 
may  seem  strange,  is  more  or  less  current.  There  are  thousands  of  mulattoes  at  the  south 
whose  fathers  are  white  gentlemen  of  high  standing  in  the  community.  I  believe  there  is  an 
intense  and  peculiar  feeling  of  hate  existing  on  the  part  of  the  whites  towards  colored  persons 
of  this  class,  the  fear  being  that  the  latter  will  have  an  equal  civil  standing  with  the  whites — 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  237 

will  acquire  riches,  perhaps,  and  influence,  and  that  the  baseness  and  wickedness  of  slavery 
will  then  be  made  to  appear  before  the  world  in  a  light  which  will  be  agonizing  to  the  south- 
em  people  ;  the  advent  among  them  of  northerners  who  have  caused  the  destruction  of  sla 
very,  bringing  poverty  to  the  inhabitants  and  liberty  to  the  negro,  with  possible  future 
advancement.0  These  facts,  combined  with  a  dislike  of  the  north,  to  which  they  have  been 
educated,  cause  them  to  hate  northern  men  with  a  malignant  hate. 

Question.  Will  it  not  take  a  long  time  to  allay  this  hatred  ? 

Answer.  The  inner  feeling,  perhaps,  will  never  be  allayed,  but  the  outward  manifestation 
of  it,  I  firmly  believe,  can  be  prevented  by  a  rigid  course  upon  the  part  of  the  government. 
I  remarked 'to  a  gentleman  of  Charleston  that  1  could  tell  what  was  going  on  at  Washington 
by  the  bearing  ot  the  southern  people  without  seeing  the  newspapers.  When  a  lenient  pol 
icy  prevailed,  I  observed  in  the  people  an  autocratic  reserve,  and  an  exacting  manner  tow 
ards  United  States  officers.  If  the  other  policy,  which  obtains  more  generally  in  Congress, 
was  in  the  ascendant,  their  bearing  was  totally  different ;  a  gentle  spirit  was  manifest,  they 
would  be  well  behaved,  submissive  and  resigned.  He  greeted  the  remark  with  a  smile,  and 
although  a  southern  man  himself,  and  a  Charlestonian,  did  not  deny  the  truth  of  what  I  said. 

Question.  What  number  of  federal  troops  are  there  now  in  Souh  Carolina? 

Answer.  I  can  give  you  an  approximate  estimate  ;  perhaps  there  are  four  or  five  thousand 
in  the  whole  State ;  I  doubt  if  there  are  more. 

Question.  Stationed  chiefly  where  ? 

Answer.  On  the  coast,  I  think,  chiefly,  at  Port  Royal,  Charleston,  and  Georgetown, 
though  they  are  scattered,  of  course,  throughout  the  State.  The  great  body  of  them,  and 
particularly  the  colored  troops,  are  near  the  coast. 

Question.  How  many  colored  troops  are  there  in  South  Carolina? 

Answer.  A  majority  of  the  troops  in  the  State  are  colored,  perhaps  three  thousand  alto 
gether.  General  Sickles  spoke  to  me  in  the  highest  terms  of  the  colored  troops,  of  their  use 
fulness  in  South  Carolina,  and  of  the  propriety  of  retaining  them  for  the  purpose  of  har 
monizing  the  labor  system.  He  says  it  is  universally  the  case  that  they  succeed  better  in 
this,  when  well  officered,  than  white  troops ;  and  this  testimony  is  given,  in  some  cases, 
even  by  planters  themselves.  Still,  none  of  the  citizens  are  prepared  to  come  out  publicly 
and  say  .such  is  the  case. 

Question.  Have  you  had  experience  with  black  troops  during  the  war? 

Answer.  Yes,  sir,  though  not  to  any  extent  in  active  service.  I  was  for  some  time  sta 
tioned  at  Port  Royal  before  I  belonged  to  a  colored  regiment,  and  had  a  little  experience  with 
them.  I  am  now  connected  with  a  colored  regiment. 

Question.  How  do  they  take  to  discipline  ? 

Answer.  Admirably  well.  I  believe  they  can  be  made  very  efficient.  The  colored  man 
of  the  army  feels  that  he  is  brought  up  to  a  noble  position,  a  position  of  respectability,  and 
generally  desires  to  continue  in  the  service ;  while  the  white  soldier  often  feels  that  he  is 
degraded  in  position  when  he  takes  a  place  in  the  ranks.  Therefore  the  white  soldier  is 
more  ready  to  leave  the  service,  now  particularly,  while  the  black  soldier  is  proud  of  his 
place,  and  content  to  remain  in  it.  So  far  as  discipline  is  concerned,  I  think  the  black 
regiments  stand  as  high  as  any.  The  inspecting  officer  for  South  Carolina  called  one  of  the 
colored  regiments  at  Port  Royal  a  model  regiment  in  every  respect,  and  said  that  on  the 
whole  even  the  6th  regiment  of  regulars,  stationed  at  Charleston,  did  not  surpass  them. 

Question.  Have  you  seen  blacks  troops  under  fire? 

Answer.  No,  sir ;  I  have  not. 

Question.  Do  you  know  how  they  behave  under  fire? 

Answer.  Yes,  sir.  I  am  acquainted  with  officers  of  colored  regiments  ;  was  at  Port  Royal 
when  Colonel  Higginson's  regiment  was  organized,  and  have  been  near  when  they  have 
been  in  action  at  Fort  Wagner  and  other  engagements.  They  were  at  first  ridiculed  ;  yet 
many  who  were  most  unfriendly  now  have  entire  confidence  in  them. 

Question.  Do  they  fight  generally  as  well  as  white  troops? 

Answer.  I  believe  they  do. 

Question.  State,  if  you  are  able  to  do  so,  what  amount  of  lands  have  been  disposed  of 
under  General  Sherman's  order ;  or,  rather,  parcelled  out  to  the  blacks  ? 

Answer.  I  can  make  an  approximate  estimate.  Not  having  seen  General  Saxton's  report, 
I  judge  that  upon  the  sea-islands  and  abandoned  rice  plantations  seventy-five  thousand  or 
one  hundred  thousand  acres  have  been  actually  parcelled  out. 

Question.    Not  more? 

Answer.  Perhaps  more;  but  at  the  outside,  I  think,  it  cannot  possibly  be  more  than 
two  hundred  thousand  or  three  hundred  thousand  acres.  I  can  only  make  a  rough  estimate. 

Question.  The  lands  so  disposed  of  are  chiefly  upon  the  islands,  are  they^not? 

Answer.  Almost  entirely.  Some  are  upon  rice  plantations  in  the  neighborhood  of  Savan 
nah,  but  only  very  few. 

Question.  Can  you  state  whether  they  are  cultivated  well  and  faithfully  by  the  blacks  who 
occupy  them  ? 

Answer.  .The  blacks  desire  exceedingly  to  cultivate  them ;  but  they  are  waiting  for  gov 
ernment  action,  and  do  not  know  whether  to  go  to  work  or  not.  I  think  their  labor  upon 
theee  islands  would  have  proved  an  entire  success  if  the  people  could  have  known  what 


238  RECONSTRUCTION. 

would  be  done  with  regard  to  their  possessory  titles.  Last  year  they  settled  there  so  late  in 
the  season  that  a  fair  crop  could  not  be  raised.  In  some  cases  full  crops  were  raiM-d  ;  but  in 
others  it  was  impossible  to  realize  more  than  half  a  crop.  This  year  there  has  been  gieat 
uncertainty  and  great  tribulation  among  the  people. 

Question.  Has  there  been  any  squabbling  among  the  old  proprietors  of  the  lands  or  their 
heirs  for  possession  1 

Answer.  Perhaps  so;  a  dignified  squabble.  There  have  been  differences— perhaps  not 
many  outright  quarrels.  The  evidence  seems  clear  that  in  some  cases  they  have  used 
threats— have  threatened  to  remove  the  negroes  from  the  plantations.  The  negroes  have 
often  become  much  excited  at  the  return  of  a  former  master  who  had  been  oppressive  in  his 
treatment  of  them.  The  reports  that  have  gone  out  of  their  bad  treatment  of  whites  who 
have  visited  the  islands  have  been  true  in  a  few  cases  only,  and  then  because  visitors  did  not 
pursue  the  proper  course.  Instead  of  reporting  themselves  to  the  officers  in  charge,  they 
Avould  undertake  to  land  where  they  pleased  and  go  where  they  pleased  over  the  islands,  and 
the  negroes,  naturally  suspicions,  have  sometimes  carried  them,  under  escort,  to  the  officer 
in  charge.  This,  of  course,  was  considered  by  the  whites  a  great  indignity.  I  went  once 
with  a  number  of  planters  to  Edisto  island.  As  we  were  about  to  land,  the  colored  sentinel, 
as  usual,  stood  at  his  post,  and  before  I  could  explain  the  object  of  our  visit,  these 
gentlemen  hastened  toward  the  dock.  He  stopped  them.  I  approached  the  sentinel,  told 
him  who  I  was  and  why  I  was  there,  reported  at  once  to  the  officer  in  charge,  and  obtained 
permission  for  the  party  to  land;  but  one  of  them,  in  talking  of  it  afterwards,  said  it  was  a 
shame  and  an  offensive  thing  to  be  prevented  from  going  to  his  own  plantation  by  a  colored 
soldier.  The 'poor  fellow,  he  said,  was  not  to  blame  ;  the  government  had  placed  him  in  a 
position  he  was  entirely  unfit  for ;  but  it  was  none  the  less  unpleasant  to  southern  gentlemen. 

Question.  How  many  negroes  have  been  located  on  these  lands,  as  nearly  as  you  can 
determine? 

Answer.  I  do  hqt  think  there  are  now  located  on  these  lands  in  South  Carolina  and 
Georgia,  excluding  Port  Royal,  more  than  twenty  thousand  men,  women,  and  children. 

Question.  Are  they  generally  blacks  who  were  formerly  locuted  there,  and  owned  by  their 
masters  who  owned  the  island  lauds  ? 

Answer.  I  could  hardly  say,  generally. 

Question.  Where  did  the  others  come  from  ? 

Answer.  They  are  persons  who  escaped  from  the  interior  to  our  lines  during  the  war,  and 
panics  who  came  with  General  Sherman.  In  many  cases  they  were  formerly  located  on  the 
islands,  but  not  in  a  majority  of  cases. 

Question.  Have  they  any  other  means  of  HA  ing  that  you  know  of? 

Answer.  No,  sir;  no  other  means.  , 

Question.  Do  you  know  Governor  Orr,  of  South  Carolina  ? 

Answer.  I  met  him  once  and  was  introduced  to  him.  I  had  no  conversation  with  him, 
however,  and  have  never  met  him  since. 


it  as  my  opinion. 

Question.  He  was  elected  by  what  are  called  Union  voters,  was  he  not? 

Answer.  I  think  the  people  who  elected  him  were  in  fact  but  little  more  Union  in  their 
feelings  than  those  who  voted  for  Wade  Hamilton.  I  think  there  is  a  very  small  minority  <>t 
actual  Union  men  in  South  Carolina.  I  have  failed  to  meet  in  Charleston  a  single  man  whom 
I  can  call  a  true  Union  man.  among  those  who  were  formerly  planters. 

Question.  There  has  been  a  rumor  that  Governor  Orr  was  nut  actually  elected  by  a  major 
ity  of  the  votes  cast  in  that  election;  do  you  know  anything  about  that? 

Answer.  1  do  not. 

Question.  Where  is  Wade  Hampton  now?    , 

Answer.  I  do  not  know. 

Question.  Do  you  think  of  any  other  statement  you  wish  to  make  ? 

Answer.  I  would  like  to  make'  a  single  statement  to  show  the  confidence  which  the  negroes 
have  in  our  government.  I  have  visited  Edisto  island  several  times  with  former  planters, 
and  went  on  one  occasion  to  make  an  earnest  effort  to  establish  business  relations  between 
the  planters  and  the  freedmen  who  located  under  the  order  of  General  Sherman,  and  bad 
been  in  a  verv  excited  state.  I  did  not  advise  the  freedmen  to  make  contracts.  I  was  not 
ordered,  and  'had  no  right  to  do  so.  They  met  at  a  church  in  large  numbers.  I  explained  to 
them  the  ohjei-t  of  our  visit.  I  did  not  ask  them  to  do  what  they  might  not  desire  to  do,  but 
requested  them  to  express  their  feelings  freely,  telling  them  that  planters  and  freedmen  wen* 
mutually  dependent  upon  each  other,  and  that  the  labor  question  should,  if  possuVe,  be  satis 
factorily  .settled.  I  was  followed  by  one  of  the  planters,  who  spoke  plausibly  and  iaiily.  A 
number  of  negroes  spoke.  They  said  they  had  no  personal  enmity  towards  their  old  masters ; 
that  they  had  been  abused  by  them,  and  in  many  cases  their  lives  were  endangered  by  cruel 
punishments;  nevertheless,  they  bore  them  no  hatred.  But  if  you  ask  us,  they  said,  to  con 
tract  with  these  men,  we  answer,  we  cannot  do  it.  Do  you  blame  us  ?  Whatever  the  gov- 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  239 

eminent  says  we  will  do.  The  government  has  told  us  we  might  have  these  lands.  High 
officers  of  government — cabinet  officers — have  been  to  us  at  Port  Royal  and  advised  us  to 
purchase  lauds,  if  we  could  do  it  honestly,  and  become  planters  ourselves.  We  liked  their 
advice,  and  desire  to  follow  it,  and  live  upon  our  own  homesteads.  Still,  if  the  government 
says  go,  we  will  go,  but  let  us  understand,  when  we  are  ordered  to  go,  that  it  is  the  word  of  the 
government.  We  have  earnestly  loriged  to  hold  these  lands,  but  if  we  cannot  we  will  give 
them  up.  If  we  cannot  be  permitted  to  occupy  them  ourselves  we  will  leave.  We  simply 
petition  the  government  to  permit  us  to  buy  homes  for  ourselves  somewhere.  This  was  the 
general  tenor  of  their  speeches,  which  for  sobriety,  dignity,  kindness,  and  business-like  ex 
pression,  were  not  to  be  surpassed.  After  the  meeting  they  desired  to  see  me  privately;  and 
in  the  evening  a  committee  of  them  called  upon  me.  "Captain,"  they  said,  '%  if  you  order  us 
to  give  up  th£se  plantations  we  will  do  it,  if  you  say  that  is  the  word  of  the  government.  If 
you  say  we  must  contract  or  leave,  we  will  cheerfully  do  the  one  thing  or  the  other,  but  cannot 
contract.  If  it  becomes  necessary,  sooner  than  have  the  government  lose  confidence  in  us  as 
a  people  and  a  race,  we  will  leave  these  plantations,  that  we  supposed  were  our  homes,  with 
out  a  murmur,  but  prefer  to  have  you  give  us  distinctly  and  clearly  the  orders  of  government, 
even  if  they  compel  us  to  go."  I  assured  them  the  government  would  not  lose  confidence  in 
them  ;  that  I  had  not  come  to  order  them  away,  but  only  to  learn  what  they  were  willing  to  do. 

A  colored  man  of  Savannah  named  Sims,  brother  of  the  Sims  who  became  distinguished  a4; 
Boston,  told  me  as  I  was  leaving  Savannah  that  he  was  glad  I  was  going,  because  he  didn't 
wish  me  to  remain  and  see  the  sufYermgs  of  his  people. 

They  do  not  know  what  their  future  will  be,  but  apprehend  that  sorrow  and  difficulties  are 
yet  in  store  for  them.  I  confess  that  while  I  have  the  firmest  belief  in  the  fidelity  of  these 
people  to  the  government — in  their  determination  to  stand  by  the  government  at  all  hazards — 
while  I  believe  they^vill  never  come  into  open  hostility  with  it,  I  fear  they  may  yet  have 
serious  difficulties  with  their  former  masters.  They  include  among  their  number  men  of  talent 
and  ability.  I  have  attended  their  political  meetings,  and  have  never  heard  them  utter  there 
anything  whatever  prejudicial  to  the  interests  of  our  government,  or  the  common  good  of  the 
country.  They  have  shown  that  they  can  organize,  and  have  formed  organizations  already 
for  their  own  protection  and  advancement.  If  it  should  ever  become  necessary  for  them  to 
be  unanimous  in  feeling  and  action,  they  will  be  unanimous. 

Question.  Have  they  arms  ? 

Answer.  No.  sir ;  not  as  a  general  rule. 

Question.  Have  you  the  least  reason  to  apprehend  that  there  are  combinations  among  the 
blacks  with  the  view  of  committing  acts  of  violence  upon  the  whites,  or  upon  the  o-0vern- 
ment  ? 

Answer.  No,  §ir;  I  have  not.  I  believe  the  organizations  that  exist  among  them  are 
formed  for  purposes  purely  benevolent  in  their  character. 

Question.  If  I  understand  you,  then,  you  have  found  no  insurrectionary  feeling  there? 

Answer.  No,  sir ;  I  have  found  the  feeling  entirely  opposed  to  that,  lusunvction  will  be 
their  very  last  resort;  the  last  alternative. 

Question.  Suppose  the  protection  they  now  enjoy  from  the  presence  of  federal  troops  and 
from  the  Fi'eedmen's  Bureau  should  be  withdrawn,  and  they  should  be  exposed  to  the  con 
sequences  of  State  legislation  and  to  the  prejudice  and  injustice  which  it  is  natural  to  sup 
pose  would  be  exercised  toward  them  by  the  whiter  ;  what,  in  your  iuclo-meut  would  be  the 
result  in  the  end  ? 

Answer.  I  think,  in  the  end,  there  would  be  a  conflict. 

Question.  Could  they  do  otherwise  than  arm  themselves  to  defend  their  rights? 

Answer.  No,  sir;  they  would  be  bound  to  do  it. 

Question.  Do  not  you  think  that  iu  such  an  exigency  it  would  be  imperative  upon  these 
men  to  arm  themselves  to  defend  their  rights,  and  that  it  would  be  cowardly  in  them  not  to 
do  it? 

Answer.  Certainly  I  do.  They  could  not  do  otherwise  than  organize  to  protect  them 
selves  It  is  a  mistake  which  many  have  fallen  into  to  suppose  that  this  race  while  they 
are  submissive  and  kindly  in  the  extreme,  are  deficient  in  courage.  Their  native  common 
sense  is  I  think  equal  to  that  of  any  race  we  know  of.  Their  judgment,  as  a  mass,  is 
good  ;  their  intelbgeuce,  of  course,  differs  in  different  cases  ;  but  they  acquire  well  informed, 
and  particularly  so  with  regard  to  the  proceedings  of  the  government,  Leudincr  ,,:en  union"- 
them,  who  are  intelligent,  well-educated,  orators  as  well  as  writers,  inform  themselves  o"f 
what  is  going  on,  and  inform  the  people. 


an  excellent  one,  because,  although  it  did  not  convey  the  title  in  fee,  as,  perhaps,  mi'^ht  have 
been  done,  it  limited  the  occupation  to  a  term  of  years,  and  satisfied  the  great  mass  of  the 


i-          1  i   .,       ,-.  ,  *t,t,  rf  "T*""!   v*tiv«   o«*»iOA«i\*    ILIU    j^  iv  «AI,   Jiui.^a   Ul     UIU 

lieedmen,  while  the  planters,  when  it  was  supposed  the  bill  would  become  a  law,  showed  a 
disposition  to  acquiesce,  which  was  quite  unexpected. 


240  RECONSTRUCTION. 

Question.  Is  there  any  form  of  contract  now  in  vogue  in  South  Carolina  between  he 
whites  arid  the  freedmen? 

Answer.  Yes,  sir  ;  General  Scott  has  devised  a  form  in  South  Carolina  which  is  generally 
adopted.  The  planters  are  disposed,  in  many  cases,  to  insert  in  their  contracts  tyrannical 
provisions,  to  prevent  the  negroes  from  leaving  the  plantation  without  a  written  pass  from 
the  proprietor ;  forbidding  them  to  entertain  strangers  or  to  have  fire-arms  in  their  posses 
sion,  even  for  proper  purposes.  A  contract  submitted  a  few  days  ago  for  approval  stipulated 
that  the  freedman,  in  addressing  the  proprietor,  should  always  call  him  "master." 

Question.  Has  that  heeii  sanctioned  by  General  Scott  ? 

Answer.  Of  course  not.  He  repudiated  it.  He  is  remarkably  fair  and  generous  in  his 
treatment  of  the  freedmen,  and  just  towards  the  planters. 

Question.  There  was  a  meeting  on  the  ^Ist  of  December  last  at  Sumter,  South  Carolina, 
with  a  view  of  getting  up  a  form  of  contract  between  the  employers  and  the  freedmen.  Do 
you  recollect  it  ? 

Answer.  Yes,  sir. 

Question.  Has  that  form  of  contract  been  adopted  by  General  Scott  ? 

Answer.  No,  sir,  it  has  not. 

Question.  Do  you  remember  that  form  of  contract  ? 

Answer,  Oh,  yes,  very  well. 

Question.  Does  the  paper  I  hand  you  contain  the  copy  agreed  upon  at  that  meeting  ? 

Answer.  Yes ;  hir,  that  is  a  copy  of  the  contract  said  to  have  been  agreed  upon  at  that 
meeting.  I  have  understood  that  General  Saxton  did  not  formally  approve  it  then,  and  that 
he  disapproved  it  when  he  came  to  examine  its  provisions  carefully. 

(The  form  of  contract,  with  the  statement  of  the  proceedings  of  the  meeting  referred  to, 
are  appended  to  the  testimony  of  this  witness.) 

Question.  You  say  General  Saxton  did  not  approve  this  form  of  contract  1 

Answer.  I  understand  he  did  not,  though  it  was  supposed  at  first  that  he  did.  He  casually 
looked  at  :it  at  that  meeting,  and  made  some  remark  with  reference  to  it,  so  I  am  informed  by 
General  Scott.  The  contract  adopted  is  a  very  reasonable  and  liberal  one. 

Question.  Have  you  a  copy  of  that  contract? 

Answer.  I  have  not.  I  will  send  you  a  copy  of  it  from  Charleston.  The  whole  subject 
of  the  freedmen  has  been  very  familiar  to  me  during  a  residence  of  three  years  and  a  half  in 
South  Carolina  and  Georgia.  I  have  entire  confidence  in  the  freed  people,  in  their  ability 
and  disposition  to  labor,  and  to  labor  faithfully,  and  to  become  useful  citizens.  I  have  seen 
them  at  their  schools  and  on  the  plantations  ;  have  travelled  over  many  of  the  sea-islands  ; 
and  have  met  the  people  under  almost  every  conceivable  variety  of  circumstances. 

Question.  And  the  statement  you  have  now  made  under  oath  is  the  result  of  your  obser 
vation? 

Answer.  Most  assuredly. 


SUMTER,  SOUTH  CAROLINA,  December  21,  1865. 

One  of  the  largest  meetings  which  has  been  held  here  for  years  assembled  in  the  court 
house  to-day  at  eleven  o'clock  a.  m.  It  was  composed  chiefly  of  the  planters  of  Sumter, 
Kershaw,  and  Clarendon  districts.  On  motion  of  Colonel  F.  H.  Whittier,  Colonel  John  N. 
Friersou  was  called  to  the  chair.  J.  J.  Fleming  was  appointed  secretary. 

The  chairman  introduced  the  object  of  the  meeting  in  a  very  eloquent  address,  in  which  he 
avowed  his  conviction  that,  notwithstanding  all  discouragements  which  might  at  present 
exist,  this  great  southern  country  was  not  destined  to  become  a  wilderness  ;  that  it  must  and 
will  be  cultivated  either  by  free  black  or  white  labor  ;  and  that  the  planters  were  ready  to 
test  the  question  fairly  and  fully,  and  to  make  contracts  for  another  year,  if  any  guarantee 
wus  furnished  that  such  contracts  would  be  enforced.  He  believed  that  our  political  con 
dition  was  not  as  hopeless  as  some  might  suppose,  and  trusted  that  we  would  yet  enjoy  union 
without  consolidation,  and  liberty  without  anarchy  or  misrule.  He  then  introduced  to  the 
meeting  i-eueralR.  Saxton. 

General  Saxton,  in  a  brief  address,  declared  that  the  Freedmen's  Bureau,  which  he  repre 
sented,  was  disposed  to  give  every  assistance  to  the  planters  in  working  out  the  problem  of 
free  labor,  and  that  he  believed  that  ultimately  the  agricultural  interest  would  be  advanced 
to  a  higher  and  more  profitable  condition  under  free  than  it  would  have  been  under  a  contin 
uance  of  slave  labor. 

I3y  invitation,  Rev.  M.  French,  who  had  just  arrived  from  Washington,  gave  his  views  on 
the  subject  of  free  labor,  detailing  the  results  of  his  observations  in  different  parts  of  the 
southern  country,  and  more  particularly  the  workings  of  the  new  system  on  the  sea-islands 
of  South  Carolina.  He  pronounced  freedom  and  free  labor  a  decided  success,  and  predicted 
the  happiest  results  in  this  section  if  the  planters  would  maimge  the  freedmen  properly,  and 
act  the  part  of  educators  as  well  6k  supervisors  of  their  laborers. 

Judge  Moses  wished  to  know  if  Mr.  French  believed  that  the  freedmeu  would  cany  out  their 
contracts,  and  upon  what  grounds  he  rested  such  belief? 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  241 

0  . 

In  reply,  Mr.  French  avowed  his  faith  as  the  mainspring1  to  his  conviction.  He  believed 
firmly  that  when  the  inducement  of  compensation,  whether  in  money  or  proportion  of  crop, 
Avas  presented,  coupled  with  the  fear  of  the  penalties  imposed  for  remissness  or  failure,  the  freed- 
rnen  would  work  through  the  time  contracted  for. 

General  Richardson,  commanding  the  eastern  district  of  South  Carolina,  stated  that  it  had 
been  universally  affirmed  by  the  planters  that  the  freedmen  have  not  worked  as  they  should 
have  done,  and  he  believed  this  was  true,  and  therefore  it  was  but  natural  that  the  planters 
should  look  for  some  better  guarantee  for  their  performance  of  duty.  He  submitted  a  plan  for 
contracts  adopted  by  the  Darlington  planters. 

General  Saxton  stated  that  while  the  bureau  fixed  upon  no  specific  plan  for  contracts,  the 
one  just  read  met  his  approval,  and  appeared  to  be  unexceptionable. 

Rev.  H.  D.  Green  noticed  an  omission  in  the  form  presented.  There  was  nothing  said 
about  recklessness,  on  the  part. of  the  freedmen,  in  destroying  gardens,  fencing,  &c.  How 
was  this  to  be  punished  ? 

General  SAXTON.  Of  course,  where  they  destroy  property,  it  comes  out  of  their  wages. 

Colonel  J.  D.  BLANDING.  I  wish  to  know  whether  involuntary  loss  of  time,  as  in  sickness, 
shall  fall  upon  the  planter  or  upon  the  freedman? 

General  SAXTON.  Upon  the  freedman. 

Judge  Moses  moved  that  the  form  of  contracts  be  referred  to  a  committee  of  —  planters 
from  Sumter,  Kershaw,  and  Clarendon,  begging  to  be  excused  from  serving  on  the  committee 
himself. 

This  motion  prevailed,  and  the  Chair  appointed  the  following  gentlemen :  Rev.  H.  D.  Green, 
A.  H.  Boykin,  A.  T.  Goodwin,  Thomas  C.  Richardson,  W.  H.  B.  Richardson,  Alfred  Scar 
borough,  Marcus  Reynolds,  John  M.  DeSaussure,  J.  J.  Ingram,  H.  H.  Wells,  J.  S.  Bradley, 
William  Nettles,  W.  E.  Richardson,  James  Mclntosh,  J.  J.  Chandler,  J.  D.  Blanding,  J. 
W.  Stuckey,  Dr.  J.  C.  Haynsworth,  and  F.  H.  Kennedy. 

The  committee  having  retired,  the  Hon.  F.  J.  Moses,  senator  from  Sumter,  and  recently 
elevated  to  the  bench,  in  response  to  a  call  from  the  meeting,  addressed  his  late  constituents,, 
thanking  them  for  the  uniform  and  cordial  support  they  had  given  him  as  their  senator,  and 
affirming  that  if  at  last  it  should  be  found  that  he  had  served  his  God  as  faithfully  as  he'  had 
served  them  for  twenty-five  years  in  the  senate  or  the  State,  he  would  look  forward  to  the 
close  of  life  without  fear  or  concern.  His  remarks  were  eloquent  and  well  received,  and  he 
pronounced  them  to  be  his  valedictory  as  senator. 

The  vacancy  thus  created  in  the  senate,  it  is  generally  thought,  would  be  admirably  filled 
by  the  election  of  Colonel  John  N.  Frierson  to  the  position.  If  he  can  be  induced  to  accept, 
there  is  no  doubt  the  district  would  feel  proud  and  fortunate  in  securing  the  services  of  a  gen 
tleman  who  unites,  with  great  soundness  of  views,  varied  scholarship,  uudeviating  judg 
ment,  and  inflexible  integrity,  a  refinement  and  elegance  of  manners  which  would  adorn  any 
station  in  the  land. 

The  committee,  having  returned,  presented  the  following  form  for  contracts,  which  was 
unanimously  adopted.  They  prefaced  their  report  with  the  following  resolution,  which  was 
also  passed  by  a  unanimous  vote : 

"Resolved,  That  in  the  judgment  of  this  committee,  in  all  cases  where  it  is  convenient, 
and  circumstances  allow  it,  it  is  the  best  system  of  hire  to  pay  the  Treedmen  stated  wages  ; 
and  that  where  this  rule  is  adopted,  we  recommend  the  following  scale  of  wages,  varying 
from  $40  to  $120  per  annum." 

Form  of  Contracts  between  planters  and  freedmeu,  as  substantially  adopted  by  the  Darling 
ton  meeting,  revised  and  adopted  by  the  mass  meeting  of  Sumter,  Kershaw  and  Claren 
don  planters,  December  21,  1865,  and  approved  by  Major  General  Saxton,  of  the  Freed- 
men's  Bureau : 

STATE  OF  SOUTH  CAROLINA, 

District. 

Articles  of  agreement  between and ,  freed  men  and  women,  whose  names 

are  hereunto  attached : 

First. — The  said  freedmen  agree  to  hire  their  time  as  laborers,  on  the  plantation  of , 

from  the  1st  of  January,  1866,  to  the  1st  of  January,  1867  ;  to  conduct  themselves  faithfully, 
honestly,  civilly  and  diligently  ;  to  perform  all  labor  on  said  plantation  or  such  as  may  be 

connected  therewith,  that  may  be  required  by  the  said ,  or  his  agent,  and  to  keep  no 

poultry,  dogs  or  stock  of  any  kind,  except  as  hereinafter  specified  ;  no  firearms  or  deadly 
weapons,  no  ardent  spirits,  nor  introduce  or  invite  visitors,  nor  leave  the  premises  during 
working  hours  without  the  written  consent  of  the  proprietor  or  his  agent. 

Second. — The  said  freedmeu  agree  to  perform  the  daily  tasks  hitherto  usually  allotted  on 
said  plantation,  to  wit :  125  to  150  rails  ;  cutting  grain,  three  to  six  acres  ;  ditching  and 
banking,  300  to  600  feet ;  hoeing  cotton,  70  to  300  rows  an  acre  long;  corn,  4,000  to  7,000 
hills.  In 'all  cases  where  tasks  cannot  be  assigned  they  agree  to  labor  diligently  ten  hours  a 
day.  • 

Third. — For  every  day's  labi»r  lost  by  absence,  refusal  or  neglect  to  perform  the  daily  task 
or  labor,  said  servants  shall  forfeit  fifty  cents.  If  absent  voluntarily  or  without  leave,  two 
16  V  NC  SC  - 


242  RECONSTRUCTION. 

% 

dollars  a  day  ;  if  absent  more  than  one  day  without  leave,  to  be  subject  to  dismissal  from  the 
plantation  and  forfeiture  of  share  in  the  crop.  All  such  fines  and  forfeitures  shall  inure  to 
the  benefit  of  the  employer  and  employes  in  proportion  to  their  relative  shares. 

Fourth. — Said  freedmen  agree  to  take  good  care  of  all  utensils,  tools  and  implements  com 
mitted  to  their  charge,  and  to  pay  for  the  same  if  injured  or  destroyed ;  also,  to  be  kind  and 
gentle  to  all  work  animals  under  their  charge,  and  to  pay  for  any  injury  which  they  may 
sustain  while  in  their  hands  through  their  carelessness  or  neglect ;  and  forfeitures  herein 
specified  will- be  subject  to  the  decision  of  the  authorities  having  proper  jurisdiction  of  the 
same. 

Fifth. — They  stipulate  to -keep  their  houses,  lots  and  persons  in  neat  condition,  subject  to 
the  inspection  of  the  employer  or  his  agent  at  any  time. 

Sixth. — They  agree  to  furnish  from  their  number  a  nurse  for  the  sick,  also  stock-minder 
and  foreman,  to  be  selected  by  the  employer.  They  agree  to  be  directed  in  their  labor  by 
the  foreman,  to  obey  his  orders,  and  that  lie  shall  report  all  absences,  neglects,  refusal  to 
work,  or  disorderly  conduct,  to  the  employer  or  his  agent. 

Seventh. — Said  employer  agrees  to  treat  his  employes  with  justice  and  kindness ;  to  fur 
nish  each  family  with  quarters  on  his  plantation,  with  a  quarter  of  an  acre  of  land  for  a  gar 
den,  and  the  privilege  of  getting  fire-wood  from  some  portion  61  the  premises,  to  be  indi 
cated  by  the  employer,  (and  to  divide  the  crop  with  them  in  the  following  proportions,  viz :  to 
the  employ6s  one-third  of  the  corn",  potatoes  and  peas,  gathered  and  prepared  for  market,  and 
one-third  net  proceeds  of  the  ginned  cotton,  or  its  market  value  at  the  end  of  the  year.) 
When  desired,  to  furnish  the  usual  bread  and  meat  ration,  to  be  accounted  for  at  the  market 
price,  out  of  their  share  of  the  crop.  (Where  "stated  wages"  are  allowed,  the  pro  rata  of 
the  crop  will  be  omitted.) 

Eighth. — Said  employer  agrees  to  furnish  animals,  and  to  feed  them  ;  also  wagons,  carts, 
plantation  implements,  such  as  cannot  be  made  by  the  laborer  on  the  plantation. 

Ninth. — All  violations  of  the  terms  of  this  contract,  or  of  the  rules  and  regulations  of  the 
employer,  may  be  punished  by  dismissal  from  the  plantation,  with  forfeiture  of  his  or  her 
share  of  the  crop  or  wages,  as  the  case  may  be.  Biit  the  employer  shall  pay  said  parties  at 
the  rate  of  four  dollars  a  mouth  for  full  hands,  deducting  therefrom  advances  made. 

Tenth. — The  employer  or  his  agent  shall  keep  a  book,  in  which  shall  be  entered  all  ad 
vances  made  by  him,  and  fines  and  forfeitures  for  lost  time,  or  any  cause,  which  book  shad 
be  received  as  evidence  in  same  manner  as  merchants'  books  are  now  received  in  courts  of 
justice,  and'shall  have  a  right  to  deduct  from  the  share  of  each  laborer  all  his  or  her  fines  and 
forfeitures,  also  all  advances  made  by  him,  subject  to  the  decision  of  the  authorities  having 
jurisdiction  of  the  same. 

Eleventh. — The  laborer  shall  not  sell  any  agricultural  product  to  any  person  whatever, 
without  the  written  consent  of  the  employer,  until  after  the  division  of  the  crops. 

Twelfth. — The  laborers  shall  commence  work  at  sunrise,  and  be  allowed  from  one  to  three 
hours  each  day  for  their  meals,  according  to  the  season  of  the  year. 

Witness  our  hands,  &c.,  this . 

While  the  planters'  meeting  was  in  progress,  the  freedmen  were  crowding  into  town  from 
all  quarters,  and  at  2  p.  m.  an  immense  assemblage  of  them  was  addressed  by  General  Sax- 
ton  and  Efcv.  Mr.  French,  from  a  platform,  near  which  rose,  in  all  its  tall  and  fair  proportions 
the  liberty  pole,  with  the  stars  and  stripes  floating,  from  its  summit.  The  day  passed  off 
quietly,  and  notwithstanding  the  immense  throng  of  all  colors  and  classes,  we  heard  of  no 
cases  of  disorder  or  violence,  except  one  instance,  in  which,  just  before  sunset,  a  freedman 
was  critically  if  not  fatally  stabbed  by  a  gentleman  from  the  country,  who  immediately 
made  his  escape.  The  cause  for  the  act  has  not  transpired,  but  the  authorities  will  no  doubt 
investigate  and  properly  dispose  of  the  affair. 

F. 


J.  W.  Alvord  sworn  and  examined. 


i 
WASHINGTON,  February  3,  1866. 


By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  My  family  resides  in  Jersey  City ;  I  am  an  officer  of  the  Freedinen's  Bureau. 

Question.  Where  are  you  stationed  .' 

Answer.  At  the  bureau  while  I  am  in  Washington. 

Question.  Have  you  either  during  the  war  or  since  the  close  of  hostilities  visited  portions 
of  the  rebel  confederacy  ? 

Answer.  Yes,  sir. 

Question.  What  portions  ? 

Answer.  I  was  with  the  Union  army  in  Virginia  during  the  war. 

Question.  And  since  the  close  of  the  war  you  have  been  engaged  in  the  Freediuen's  Bu 
reau  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  243 

Answer.  Yes,  sir. 

Question.  And  since  then  you  have  been  stationed  in  Washington  ? 

Answer.  My  lu-adquarters  are  here.' 

Question.  Have  you  visited  portions  of  Virginia  since  the  close  of  hostilities  ? 

Answer.  Yes,  sir.  I  have  visited  Virginia  and  all  the  States  south  below  Tennessee  and 
this  side  of  the  Mississippi  river.  I  have  visited  Virginia,  North  Carolina,  South  Caro 
lina,  Georgia,  Florida,  Alabama,  Mississippi  and  Louisiana.  I  made  three  tours  during  the 
year ;  I  have  been  during1  that  time  under  the  orders  of  General  Howard  as  inspector  of  finances 
and  schools  for  freedmen  in  all  the  States  lately  in  insurrection.  These  tours  were  made 
in  execution  of  his  special  orders;  of  course,  I  have  mingled  .with  all  classes  at  the  south, 
more  especially  with  tne  intelligent  portion.  In  these  various  journeys  on  railroads,  in  hotels 
and  in  public  meetings,  I  have  seen  every  class  of  southern  people  from  the  lowest  negroes  to 
the  State  legislatures  ;  on  three  or  four  of  which  I.  was  in  attendance  during  some  portions  of 
the  session.  These,  in  brief,  are  my  opportunities. 

Question.  Now  state  what,  among  the  rebel  people,  is  the  general  feeling  towards  the  gov 
ernment  of  the  United  States. 

Answer.  It  is  hostile,  as  it  seems  to  me,  in  the  great  majority  of  the  southern  people  ;  I 
mean  that  part  of  them  who  were  engaged  in  the  rebellion.  There  is  evidently  no  regret  for 
the  rebellion,  but  rather  a  defence  of  it,  and  only  a  submission  to  the  circumstances  of  the 
case  as  a  conquered  people.  They  everywhere  defend  the  principles  on  which  the  rebellion 
was  commenced. 

Question.  They  still  insist  that  those  principles  were  right  ? 

Answer.  Yes,  sir  ;  they  seem  to  feel  that  peace  was  brought  about  by  an  arrangement  which 
allowed- them  the  equal  condition  of  belligerents,  and  in  possession  of  all  that  they  previ 
ously  had  had  of  government  privileges.  They  everywhere  insist  upon  the  immediate  resto 
ration  of  such  privileges,  and  that  they  shall  be  readmitted  as  States  into  the  Union.  They 
complain  bitterly  of  the  treatment  they  are  receiving  in  being  kept  out. 

Question.  What  great  object  do  they  seem  to  contemplate  in  their  being  readmitted  into 
Congress  by  their  senators  and  representatives  ?  • 

Answer.  They  seem  to  suppose  that  by  re-admission  they  can  get  political  power  and  ob 
tain  again  the  supremacy  which  they  once  had*  and  with  the  exception  of  slavery  they  ex 
pect  to  be  still  a  prosperous  and  dominant  portion  of  our  government.  Slavery  they  have 
given  up  in  the  old, form,  but  they  want  to  subdue  and  keep  in  a  low  place  the  negroes,  by 
some  compulsion  which  it  seems  to  me  they  are  trying  to  effect  not  only  privajtely*but  by  all 
the  legislation  that  I  learned  of  or  witnessed. 

Question.  Are  you  aware  of  combinations  existing  in  those  States  for  the  purpose  of  sub 
jecting  the  freedmen  to  compulsory  labor,  uncompensated,  or  not  sufficiently  compensated  ? 

Answer.  I  do  not  know  of  any  .distinct  combinations  ;  there  appears  to  be  a  universal  ex 
hibition  of  that  purpose  in  all  places  and  in  all  circles  where  I  heard  it  talked  of,  privately  or 
publicly.  The  idea  was  that  the  negro  was  to  be  kept  subservient  to  the  white  race  and  com 
pelled  to  labor  for  low  wages.  Contracts,  so  far  as  I  have  noticed  or  examined  them,  un 
less  regulated  by  the  agents  of  the  Freedmen's  Bureau,  have  been  very  much  on  the  side  of 
the  wrhite  man. 

Question.  How  far  would  they  carry  their  power  if  they  possessed  it,  to  declare  unem 
ployed  freedmen  vagrants  and  to  treat  them  as  such  ? 

Answer.  I  think  there  was  a  time  when  they  wished  to  declare  them  all  vagrants  and  to 
apply  vagrant  laws  to  them.  That  asserted  vagrancy  seemed  to  be  their  vindication  of  their 
legislative  action. 

Question.  Was  that  a  vindication  or  rather  a  policy,  on  the  part  of  the  slaveholders,  to  re 
establish  a  quasi  slavery  among  the  blacks  by  means  of  vagrant  acts  ? 

Answer.  I  think  that  was  so ;  it  appeared  to  be  a  policy. 

Question.  State  whether  or  not  it  appeared  to  be  a  general  policy,  or  whether  it  was  inter 
rupted,  existing  in  sections  of  the  country  and  among  particular  classes. 

Answer.  I  noticed  it  universally,  .and  it  led  me  sometimes  to  make  the  remark  that  it  ap 
peared  to  me  as  though  such  policy  had  been  agreed  upon  by  all  the  slaveholders  in  the 
southern  States. 

Question.  If  they  had  the  power,  would  they  or  would  they  not,  in  your  judgment,  reduce 
the  black  race  again  to  slavery  such  as  has  heretofore  existed  ? 

Answer.  I  think  they  would,  in  case  they  thought  they  could  hold  it  there. 

Question.  How  do  they  feel  in  point  of  personal  regard  towards  the  freedmen  generally  ? 

Answer.  Their  feelings  are,  as  it  seems  to  me,  very  much  mixed ;  they  have  a  kind  of  af 
fection  for  him  as  an  old  servant ;  they  have  ill  will  towards  himYor  turning  against  them 
and  going  with  the  Union  army ;  and  they  have  direct  hostility  to  him  as  now  being  in  the 
condition  of  a  freedman  claiming  the  rights  of  a  freeman. 

Question.  If  it  was  for  them  to  say,  would  they  permit  the  blacks  to  become  owners  of 
landed  property  ? 

Answer.  It  seemed  everywhere  determined  upon  that  he  should  not  be  an  owner  of  land. 
I  found  this  quite  universal  in  all  the  States,  in  every  tour  I  made,  and  I  listened  to  debates 
in  their  legislatures  on  that  subject. 


244  RECONSTRUCTION. 

Question.  How  do  they  feel  in  regard  to  the  marital  rights  of  the  black  people — the  rights 
of  husband  and  wife  and  the  rights  of  family  ? 

Answer..  Well,  sir;  I  think  they  care  very  little  about  that  matter.  Their  old  habits  of 
feeling  still  remain;  they  consider  the  relations  of  husband  and  wife  not  especially  sacred 
among  the  blacks. 

Question.  In  case  of  a  war  between  the  United  States  and  any  foreign  power,  such  as 
France  or  England,  what  would  be  the  disposition  of  the  rebel  people  towards  the  govern 
ment  of  the  United  States  ? 

Answer.  •  I  think  it  would  be  in  their  hearts  to  join'with  the  foreign  power.  I  doubt  whether 
they  would  dare  to  do  it.  They  felt  the  power  of  our  government  in  this  war,  and  are  dis 
posed  at  present  to  submit  to  it. 

Answer.  Suppose  it  should  become  apparent  in  such  an  event  that  the  government  of  the 
United  States  was  not  strong  enough  to  retain  them  in  their  allegiance,  and  suppose  they 
should  get  the  idea  that  the  government  of  the  United  States  was  so  weak  as  to  justify  them 
in  making  an  attempt  to  throw  off  the  authority  of  the  government,  either  by  joining  the  com 
mon  enemy  or  by  declaring  their  own  independence,  what  would  probably  be  their  course  ? 

Answer.  I  think  in  the  case  of  supposed  weakness  of  our  government  they  would  declare 
their  independence.  I  heard  very  intelligent  gentlemen  say  that  while  they  submitted  to 
their  present  condition  as  a  necessity,  they  still  felt  that  the  principles  on  which  they  rebelled 
were  right,  and  they  only  wait  in  the  coming  time  for  another  opportunity. 

Question.  Are  you  a  man  accustomed  to  careful  observation  as  you  are  passing  from  one 
place  to  another  in  the  country  and  mingling  with  the  people  ? 

Answer.  Yes,  sir ;  I  generally  keep  my  eyes  and  ears  open,  and  I  usually  get  into  con 
versation  with  men. 

Question.  That  is  your  habit  of  mind  and  intercourse? 

Answer.  Yes,  sir.  In  my  late  tour  I  was  with  General  Howard  until  he  left  Jackson  for 
Washington.  I  listened  to  many  conversations  between  him  and  the  multitudes  whom  he 
met.  I  was  with  him  at  hotels.  When  he  left  I  made  a  little  experiment  of  travelling  with 
out  being  known,  and  of  listening  to  what  of  natural  conversation  would  occur.  The  two 
methods  have  their  advantages  in  learning  the  state  of  feeling.  I  think  I  saw  more  deeply 
into  the  hearts  of  the  people  often  by  listening  and  mingling  in  conversation  where  I  was  not 
known. 

Question.  In  case  they  had  the  power,  do  you  imagine  they  would  permit  the  freedman  to 
remain  a  re'sident  in  their  communities,  or  would  they  try  to  expel  him  ? 

Answer.  They  seem  inclined  to  be  rid  of  him.  They  generally  wish  that  white  laborers 
could  be  procured,  and  they  are,  here  and  there,  making  experiments  with  that  view. 

Question.  Are  they  willing  to  have  people  from  the  north  or  from  the  loyal  States  come  and 
settle  among  them  and  buy  land  and  become  permanent  inhabitants  with  them? 

Answer.  A  great  many  of  them  want  to  sell  their  land,  but  I  do  not  think  that  they  would 
like  to  have  northern  people  come  there  as  residents.  I  think  they  dislike  us  and  prefer  that 
we  would  stay  away. 

Question.  Do  you  regard  it  as  safe,  as  a  general  rule,  for  northern  men  to  go  down  there 
and  attempt  to  settle  and  become  residents '! 

Answer.  It  would  not  be  for  those  who  favored  the  government  and  the  interests  of  the 
freedrnen  if  the  military  were  withdrawn ;  it  would  be  very  unsafe. 

Question.  Would  such  sdttlers  probably  be  subjected  to  violence  and  insult  ? 
Answer.  To  all  sorts  of  insult,  and  probably  to  violence  in  very  many  cases. 
Question.  WTould  they  not  be  able  to  obtain  justice  in  the  southern  courts  if  they  were  ttms 
treated  ? 

Answer.  They  would  probably  obtain  a  hearing,  but  I  think  they  would  hardly  secure  jus 
tice. 

Question.  Why  not  ? 

Answer.  From  the  strength  of  southern  prejudice  against  northern  people. 
Question.  You  think  that  prejudice  would  pervade  even  the  juries  who  would  be  called  to 
try  the  case  ? 

Answer.  -I  think  it  would. 

Question.  Do  you  think  it  would  generally  affect  the  decisions  of  the  judges  upon  the 
bench  ? 

Answer.  I  should  fear  it  might.  I  learned  of  cases  where  the  court  was  very  partial  to  the 
old  class  of  southerners  who  came  into  litigation  with  northern-born  men  or  negroes.  And 
this  was  true  where  negro  testimony  was  admitted  ;  it  was  taken  simply  as  the  statement  of 
the  negro. 

Question.  How  do  they  regard  the  truthfulness  of  the  negro  generally  ? 
Answer.  They  say  he  is  very  untruthful. 

Question.  Have  you  found  the  negro  untruthful  in  your  intercourse  with  him? 
Answer.  I  have  not.     I  think  he  is  as  truthful  as  any  other  class  of  men  of  the  same  intel 
ligence      I  know  he  has  been  remarkably  truthful  to  our  northern  people  and  to  the  army  in 
all  matters  of  information. 

Question.  What  feeling  has  been  created  on  the  part  of  the  southern  whites  toward  the 
blacks  in  consequence  of  the  part  which  the  blacks  have  taken  in  the  war  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  245 

Ansvrer.  They  do  not  like  them  for  having  sided  with  the  north. 

Question.  Has  that  become  a  ground  of  hatred,  dislike,  or  increased  distrust? 

Answer.  I  do  not  think  that  is  the  sole  ground.  I  think  that  that  enters  into  their  dislike 
as  one  of  its  elements.  They  look  upon  the  negro  as  having  been  seduced  by  the  northern 
people  and  as  having  been  comparatively  innocent  in  the  course  he  took. 

Question.  What  do  they  say  generally  about  the  emancipation  of  their  slaves,  either  by 
President  Lincoln's  proclamation,  by  the  amendment  to  the  Constitution,  or  any  other  means  ? 

Answer.  They  never  have  liked  it.  They  hoped  that  great  trouble  would  arise  from  it. 
They  delight  in  all  the  obstacles  we  find  to  the  improvement  of  thefreedman.  So  it  seems  to 
me.  I  say  this  of  the  majority.  There  are  very  many. exceptions.  There  are  a  class  of  men 
at  the  south,  in  very  small  numbers,  who  have,  at  heart,  probably  always  been  with  us,  and 
who  are  now  favorable  to  the  improvement  of  the  negro. 

Question-  In  reference  to  these  obstacles  to  the  improvement  of  the  negro,  do  you  think 
from  your  observation  that  the  southern  people  generally  are  endeavoring  to  increase  those 
obstacles  rather  than  to  diminish  them  ? 

Answer.  I  think  that  is  a  very  general  disposition.  They  oppose  negro  schools  generally. 
There  is  a  great  hate  apparently  towards  northern  teachers.  Whatever  we  do  for  colored 
schools  has  to  be  done  without  any  consultation  with  the  southerners. 

Question.  What  is  the  great  ground  of  objeetion  on  their  part  toward  the  education  of  the 
blacks ;  why  do  they  wish  to  see  them  remain  in  ignorance  ? 

Answer.  From  their  old  habits  they  seem  to  feel  that  the  negro  must  not  become  an  equal. 
They  understand  that  education  and  property  and  political  privileges  will  make  the  negro  so. 
and  hence  they  oppose  everything  of  the  kind. 

Question.  You  think  this  feeling  arises  rather  from  their  old  prejudices  to  the  race  ? 

Answer.  Very  much  so.  I  heard  gentlemen  say  in  the  legislature  at  Montgomery  that  they 
were  determined  that  the  blacks  should  not  rise  to  be  equals  with  white  men,  and  that  all 
their  legislation  would  be  based  on  that  determination ;  that  they  must  not  have  titles  to 
land ;  that  if  they  obtained  possession  of  property,  the  next  thing  would  be  to  claim  the  right 
of  suffrage  and  all  other  political  privileges.  They  perceive  that  these  things  come  along 
logically  from  each  other. 

Question.  Did  that  declaration  on  the  part  of  members  seem  to  find  favor  with  the  other 
members  of  the  legislature  or  with  the  audience  ? 

Answer.  A  member  expressed  this  opinion  to  me  privately  in  the  lobby,  but  it  was  the 
same  in  substance  as  I  had  listened  to  in  the  debate  in  the  house,  the  debate  being  on  the 
constitutional  amendment. 

Question.  Did  you  ever  find  a  disloyal  negro  in  the  course  of  your  travels  ? 

Answer.  I  saw  one  during  the  war,  who  came  into  our  army  lines  and  said  he  was  with 
the  rebels ;  that  is  the  only  instance  that  I  remember.  It  may  be  said  that  they  are  univer 
sally  loyal. 

Question.  State  what  is  the  degree  of  attachment  which  they  exhibit  towards  the  govern 
ment  of  the  United  States  ? 

Answer.  Well,  sir;  it  is  unbounded.  It  was  in  Mr.  Lincoln;  it  is  now  in  the  government, 
and  in  what  they  expect  the  government  will  do  for  them. 

Question.  You  mean  to  say  that  universally  they  are  the  strong  friends  of  the  government  ? 

Answer.  I  do.  When,  on  the  sea  islands,  a  proposition  was  made  to  restore  the  la.nds  to 
their  original  owners,  there  was  a  most  distressing  breaking  in  upon  that  confidence  in  the 
government  which  they  had  been  cherishing.  It  would  be  impossible  for  any  one  to  describe 
the  feeling  they  manitested  On  that  occasion. 

Question.  Have  you  been  aware  of  the  existence  of  combinations  among  the  negroes  to 
rise  in  insurrection  against  the  white  men — the  proprietors  of  lands  ? 

Answer.  I  do  not  think  that  there  has  ever  been  any  such  combinations.  They  have  often 
told  me,  when  I  questioned  them,  that  there  was  nothing  of  the  kind.  I  came  through  a 
number  of  the  States  just  before  the  holidays,  and  of  course  my  curigsity,  at  least,  was  ex 
cited  to  know  how  they  felt. 

Question.  And  you  conversed  with  them  on  that  subject? 

Answer.  Yes,  sir. 

Question.  You  conversed  with  the  .intelligent  portion  of  the  negroes? 

Answer.  Yes,  sir;  Avitb  the  most  intelligent. 

Question.  Had  they  confidence  in  you  as  a  friend  ? 

Answer.  I  think  they  had.  My  work  of  getting  up  schools  among  them  and  looking  after 
their  financial  concerns  brought  the  most  intelligent  of  them  around  me  in  every  place,  some 
times  in  large  crowds.  I  was  in  Richmond  on  Christmas  eye  when  there  was  a  great  deal 
of  excitement  among  the  white  people,  but  I  saw  not  the  least  amonf  the  blacks. 

Question.^  What  was  the  reason  of  the  excitement? 

Answer.  The  white  people  were  in  expectation  of  disturbances.  The  blacks  were  in  their 
churches  engaged  in  their  usual  religious  services. 

Question.  Suppose  all  protection  on  part  of  the  United  States  towards  the  freedmen  should 
be  withdrawn,  including  the  Freedinen's  Bureau  and  the  presence  of  the  military  forces,  thus 
leaving  the  freedmen  to  be  dealt  with  by  the  authorities  of  the  States  solely,  what  would  be 
the  result  ? 


246  RECONSTRUCTION. 

Answer.  They  would  suffer  in  all  their  interests  as  laborers;  and  as  to  attemj 
cation  or  improvement,  the  whole  would  be  arrested  and,  I  think,  turned  backward. 

Question.  Would  the  blacks  endure  it  without  resistance? 

Answer.  I  should  fear  that  there  might  be  resistance.  The  soldiers  of  the  disbanded  col 
ored  regiments  talk  as  though  there  would  be,  and  yet  I  think,  from  the  general  quiet  nature 
of  the  colored  people,  that  they  would  bear  long  and  patiently  before  such  a  thing  took  place. 
It  would  be  only  an  extremity  that  would  force  them  to  such  an  insurrection. 

Question.  In  such  a  case  would  the  whites  of  the  States,  through  their  governments,  or 
by  popular  movements,  be  likely  to  attempt  the  expulsion  of  the  blacks  from  their  limits? 

Answer.  I  think  they  would  attempt  to  destroy  them,  or  to  expel  them,  if  they  could  not 
destroy  them. 

Question.  In  such  an  event  would  the  colored  men  fight? 

Answer.  I  think  they  would. 

Question.  Regarding  the  rebel  States  as  they  are  now  conditioned,  and  as  they  probably 
would  be  conditioned  in  the  case  of  the  removal  of  the  Freedmen's  Bureau  and  the  with 
drawal  of  the  military  forces  of  the  United  States,  could  you  look  upon  these  political  com 
munities  as  supports  of  the  government  of  the  United  States,  or  as  elements  of  weakness? 

Answer".  As  elements  of  weakness;  most  decidedly,  unless  there  should  come  a  very  great 
change  over  them. 

Question.  Looking  upon  them  in  their  present  condition  ? 

Answer.  Decidedly,  elements  of  weakness.  I  everywhere  listened  to  conversations  which 
were  seditious  in  their  character,  planning  for  the  future,  not  for  the  government  but  for  them 
selves,  cursing  the  northern  people  and  cursing  the  dominant  party  of  the  country. 

Question.  Can  a  Union  man  be  elected  from  a  congressional  district  in  the  south  to  Con 
gress,  generally  ?  Is  there  any  chance  for  a  Union  man  to  be  elected  to  Congress  ? 

Answer.  I  should  think  not.  They  seem  determined  to  vote  for  those  who  have  been  the 
strongest  rebels,  although  they  can  hardly  hope  that  such  men  will  be  admitted  to  Congress. 
It  is  from  a  desire  to  show  their  •pluck,  and  spirit,  and  defiance;  and  they  think  that,  ulti 
mately,  Congress  and  the  country  will  cower  before  such  determination.  I  can  account  for 
it  in  no  other  way. 

Question.  Have  the  rebels  any  deposits  of  arms  in  considerable  quantities,  to  your  know 
ledge  or  information? 

Answer.  I  do  not  know  that  they  have.  I  hear  frequently  of  arms  being  in  the  possession 
of  men  in  all  the  States.  1  know  they  frequently  use  arms  in  cases  of  violence. 

Question.  ITave  the  negroes  arms  ? 

Answer,  jS'ot  generally,  and  yet  I  think  some  of  them  have  arms  ? 

Question.  Do  they  keep  them  publicly  in  their  houses  so  that  they  can  be  seen,  or  are 
they  concealed. 

Answer.  It  may  be  that  some  of  them  are  concealed,  but  generally  they  are  proud  of  own 
ing  a  musket  or  fowling-piece.  They  use  them  often  for  the  destruction  of  vermin  and  game. 

Question.  Have  you  ever  witnessed  the  operations  of  negro  troops  upon  the  field  of  battle? 

Answer.  I  have  seen  them  as  they  have  come  in  and  gone  out  to  battle,  and  very  often  in 
their  camps  and  under  drill. 

Question.  How  do  they  behave  as  soldiers? 

Answer.  Remarkably  well ;  they  are  generally  as  well  disciplined  troops  as  I  have  seen. 

Question.  Are  they  submissive  to  discipline? 

Answer.  Remarkably  so. 

Question.  Have  they  sufficient  intelligence  to  understand  the  drill  and  discipline  of  a 
soldier? 

Answer.  I  have  never  seen  any  want  in  that  respect.  They  are  often  more  exact  in  the 
execution  of  orders,  as  I  have  noticed,  on  picket  and  on  guard  duty,  than  white  soldiers  are. 

Question.  How  do  they  behave  when  under  actual  fire  ?  have  they  courage  and  self- pos 
session  ? 

Answer.  The  officers  who  led  them  into  battle  have  uniformly  told  me  that  they  had  cour 
age  to  an  unexpected  degree.  General  O.  B.  \Vilcox,  who  was  in  command  of  the  colored 
troops  at  Petersburg,  told  mo  that  he  ncyer  saw  soldiers  stand  and  fight,  man  to  man,  with 
the  bayonet,  as  they  did  before  Petersburg.  He  said  this  with  very  gre^t  emphasis.  I  was 
with  him  soon  after  the  light.  ^ 

Question.  If  you  wislv  to  make  any  other  statement  to  the  committee,  to  which  I  have  not 
called  your  attention,  you  are  at  liberty  to  do  so. 

Answer.  If  the  matter  of  schools  and  finances  is  legitimately  before  this  committee,  I 
would  like  to  speak  of  them.  9 

Mr.  HOWARD.  The  matter  of  schools  is. 

WITNKSS.  I  will  say,  as  to  schools,  that  the  experiment  in  relation  to  the  capacity  of  the 
negro  fur  education  is  complete. 

Question.  State  particularly,  and  clearly,  and  thoroughly,  all  you  hay£  to  say  on  the  ca 
pacity  of  the  negro  to  acquire  education. 

Answer.  We  have  now  nearly  1(JO,UOO  under  tuition.  I  have  visited  their  schools  in  all 
the  States,  and,  while  they  have  peculiarities,  still  I  do  not  see  but  that  they  learn  as  rapidly 
as  white  children  would  under  the  same  circumstances.  In  many  schools  there  is  a  remark- 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  247 

able  decree  of  progress  under  the  powerful  stimulus  which  they  feel  in1  their  new  freedom, 
and  in  the  expectation  of  elevating-  themselves  by  knowledge.  I  think  that  the  colored 
children  are  more. earnest  and  ambitioiis  than  most  scholars. 

Question.  About  how  many  schools  have  you  visited  ? 

Answer.  Well,  sir,  hundreds  at  least.  My  duty  was  to  go  to  the  schools  everywhere,  and 
I  saw  not  only  those  taught  by  white  teachers,  but  I  found  all  over  the  south  a  class  of 
schools  got  up  and  taught  by  colored  people,  rude  and  imperfect,  but  still  groups  of  persons, 
old  and  young,  trying  to  learn.  They  did  not  seem  to  have  patience  to  wait  for  the  coming 
of  the  white  teacher.  I  suppose  there  are  at  least  500  such  groups  throughout  the  south, 
many  of  them  never  having  been  visited  by  any  white  man  before. 

Question.  What  branch  of  education  do  they  appear  most  readily  to  comprehend  ? 

Answer.  They  advance  rapidly  in  all  the  elementary  branches,  and  I  do  not  see  but  that 
they  make  good  progress  when  they  reach  the  higher  branches,  such  as  arithmetic,  geogra 
phy,  and  writing.  In  writing  they  rather  excel.  I  had  some  very  fine  examinations  in 
arithmetic  and  at  the  black-board.  In  Baltimore,  Charleston,  and  New  Orleans  I  have 
examined  the  higher  classes  in  such  branches  as  far  as  I  should  ever  expect  to  examine  white 
children,  receiving  correct  answers.  In  New  Orleans  I  saw  a  school  ot  three  hundred 
taught  by  colored  persons,  where  the  reading,  writing,  and  recitations  were  quite  perfect; 
where  the  exhibitions  at  the  black-board  were  remarkable,  and  where  everything  was  as 
fluent  in  French  as  in  English — the  scholars  reciting  in  both  languages. 

Question.  Tell  me  whether  there  is  as  much  repugnance  among  the  whites  in  Now  Orleans 
and  in  Louisiana  generally  to  the  education  of  the  blacks  as  you  find  in  the  Carolinas  ? 

Answer.  I  think  there  is  less  in  Louisiana.  The  Creoles  have  always  been  permitted  to 
educate  themselves,  under  some  disadvantages.  The  whites,  therefore,  have  seen  an  edu 
cated  class  of  colored  men,  and  there  is  less  prejudice  against  them,  although  it  is  very 
strong  all  through  the  interior  of  the  State.  I  saw  a  member  of  the  legislature  stop  before 
one  of  our  schools.  He  turned  to  me,  as  I  was  by  his  side,  and  exclaimed,  "Well,  I  have 
seen  many  an  absurdity  in  my  lifetime,  but  this  is  the  climax  of  all  absurdities !."  The 
alphabet  and  spelling-book,  in  the  hands  of  the  colored  children,  were  a  great  absurdity  to 
him. 

Question.  As  to  the  religious  ideas 'of  the  blacks,  and  as  to  their  religious  feeling,  I  wish 
you  to  make  a  remark  on  these  two  subjects — are  they  superstitious  ;  more  superstitious  than' 
white  people  who  are  equally  ignorant? 

Answer.  The  blacks  have  a  strong  tendency  to  religious  faith  in  a  Supreme  Being,  and 
they  love  religious  worship.  I  think  this  tendency  towards  faith  often  manifests  itself,  on 
account  of  their  ignorance,  in  what  we  would  call  superstition.  When  cultured,  however, 
this  would  become  intelligent  reliance  upon  the  divine  testimony;  it  would  be* what  we  call 
faith.  When  they  are  instructed  they  will  be  a  peculiarly  religious  people,  with  a  great 
amount  of  conscience;  with  a  strong  purpose  to  do  what  they  think  is  their  duty,  as  taught 
in  the  Scriptures. 

Question.  Do  you  think  they  are  generally  as  honest  and  truthful  as  whites  in  the  same 
grade  in  society  ? 

Answer.  There  have  been  influences  to  make  them  dishonest  and  untruthful.  If  they 
could  be  recovered  from  the  influences  of  slavery,  I  think  they  would  be  as  truthful  and 
honest  as  any  class  of  persons  living.  My  impression  is  that  they  have  a  lar£e  amount  of 
conscience,  which  would  make  theai  fear  to  offend. 

Question.  Have  they  generally  among  them  the  idea  of  property  developed  to  such  a 
degree  as  to  enable  them  to  determine  the  difference  between  rneum  and  teum  ? 

Answer.  Yes,  sir,  they  know  that  distinction  very  well ;  they  understand  wrhat  property 
is  and  its  rights.  They  have  a  strong  desire  to  accumulate  property.  They  are,  in  the 
main,  industrious  whenever  they  can  get  pay,  and  have  it  promptly. 

Question.  Are  they  not  as  much  inclined  to  labor,  provided  they  can  get  paid  for  their 
labor,  as  are  the  low  whites  of  the  south  ? 

Answer.  Very  much  more  so,  sir.  I  think  they  will  work  cheerfully  as  soon  as  they  can  be 
treated  properly  and  paid  promptly.  They  do  not  like  so  well  to  work  for  their  old  masters.  A 
temporary  contract,  even,  seems  to  be  as  the  shadow  of  the  old  slavery,  placing  them  fur  the 
time  being  under  the  power  of  these  men ;  which  power  they  have  so  long  dreaded  aad 
which  they  wish  no  longer  to  experience.  They  rove  about  a  little  on  this  account,  seeking 
to  change  their  relations.  I  think  that,  very  soon,  they  will  settle  .down  to  industry. 

Question.  Do  you  find  among  them  a  disposition  to  vagabondage ;  and  if  so,  to  what  extent? 

Answer.  There  is  that  which  is  called  by  such  a  term,  but  it  is  produced  by  various 
causes.  Coming  out  from  slavery,  where  they  have  seen  a  very  limited  state  of  things 
around  them,  they  want  to  see  new  things.  In  slavery  they  have  been  separated  from  their 
relatives,  and  now  they  want  to  find  them.  The  war  carried  them  hither  and  thither,  and 
many  are  making  their  way  back.  Then  they  crowd  towards  the  large  cities  and  towns  for 
work,  desiring  to  escape  from  the  domination  of  their  old  masters.  That  is  one  reason  of  it. 
Another  reason  is,  that  they  wish  to  get  where  their  children  can  go  to  our  schools.  All 
this  has  made  a  great  deal  of  moving  about  on  their  part?  but  I  think  that  will  cease  as  soon 
as  arrangements  are  made  for  their  universal  education  and  improvement,  and  for  their 
proper  and  kind  treatment. 


248  RECONSTRUCTION. 

Question.  Is  it  not  likely  that,  in  case  they  are  permitted  to  become  owners  of  lands,  they 
will  settle  down  and  be  as  quiet  in  the  possession  and  cultivation  of  their  lands  as  white 
people  generally  are  ? 

Answer.  They  will  be  a  remarkably  permanent  people.  They  love  to  stay  in  one  place, 
where  they  have  always  lived,  where  they  were  born,  and  where  their  children  are  buried. 
Their  local  associations  are  very  strong.  In  regard  to  their  labor  and  earnings,  they  have 
been,  in  the  old  condition,  led  to  be  improvident.  They  have  scarcely  known  what  money 
was.  .  I  speak  of  the  great  majority  of  them.  I  find,  however,  that  they  are  very  easily 
taught  to  save  what  they  do  not  need,  and  they  are  now  expecting,  multitudes  of  them,  to 
save  money  and  make  purchases  of  homesteads  and  lands.  They  relinquish  pretty  gene 
rally  the  idea  that  they  will  get  much  from  the  government ;  they  feel  they  must  go  to  work 
and  earn  and  save  and  buy  for  themselves.  I  have  been  placing  a  savings  bank  in  most  of 
the  large  towns  for  their  benefit.  They  receive  that  institution  with  great  enthusiasm,  and 
say  that  they  will  make  their  deposits  of  everything  they  can  possibly  save  in  order  10  pro 
vide  for  the  future.  They  do  not  want  to  be  a  burden  to  anybody,  especially  to  the  govern 
ment.  We  have  now  fifteen  of  these  savings  banks — small  and  in  their  first  beginnings,  but 
the  aggregate  of  deposits  is  already  some  $250,000.  We  have  paid  back  over  ^50,000  where 
they  needed  it  for -important  purchases.  We  give  it  back  immediately  when  they  want  it 
for  such  purposes.  I  ani  constantly  receiving  applications  for  such  savings  banks  through 
out  the  south. 

Question.  Have  they  any  disposition  to  leave  the  country  and  go  off  and  settle  somewhere 
else? 

Answer.  I  do  not  think  they  have. 

Question.  How  strong  is  the  negro's  love  of  home? 

Answer.  I  think  it  very  strong  indeed.  They  all  seem  to  prefer  to  stay  pretty  near  where 
they  have  always  been  living.  That  is  one  difficulty  we  have  in  getting  them  to  go  to  dis 
tant  parts  where  labor^is  culled  for.  It  is  not  an  aversion  to  labor,  but  rather  an  aversion  to 
leaving  their  friends  a*nd  old  residences. 

Question.  Do  you  think  of  anything  else  you  wish  to  say  on  the  subject  of  the  colored 
race? 

Answer.  I  have  very  great  confidence,  sir,  that  they  are  to  be  elevated,  enlightened,  and 
christianized,  and  to  be  made  a  very  important  element  in  the  more  perfect  civilization  of  the 
coming  time. 

Question.  Have  you  the  slightest  doubt  about  it? 

Answer.  Not  the  slightest,  myself.  I  think  they  have  constitutional  elements  of  charac 
ter  which,  when  brought  under  high  culture,  will  make  them,  in  many  respects,  excel'  as  a 
people.  The*y  are  emotional,  imaginative,  imitative.  The  children  in  their  schools  write 
quickly  and  draw  well.  For  aught  I  can  see,  with  proper  opportunities,  they  will  make 
painters  and  artists. 

Question.  How  is  it  in  regard  to  their  talent  for  music? 

Answer*.  They  have  a  remarkable  talent  for  music. 

Question.   Do  they  acquire  music  easily  ? 

Answer.  Easily.  It  seems  almost  native  to  them.  Universal  song  is  heard  among  the 
colored  race. 

Question.  fCan  they  sing  at  their  schools  ? 

Answer.  Universally  so.     The  great  exhibition  at  all  their  schools  is  to  hear  them  sing. 

Question.  Are  they  allowed  to  sing  the  Old  John  Brown  song  ? 

Answer.  Frequently,  sir.  We  hear  that  very  frequently,  and  the  children  very  evidently 
understand  what  they  are  singing  about. 

Question.  Have  these  people  generally  understood  tolerably  well  what  the  occasion  and 
object  of  the  rebellion  were? 

Answer.  Yes,  sir.  From  the  first  they  seemed  to  have  known  what  was  going  on.  I 
have  been  astonished  to  find  how  they  knew  its  history,  how  they  watched  its  progress,  what 
their  expectations  were  from  the  northern  army,  how  they  waited  for  its  coming,  often  with 
earnest  prayer  to  God,  and  with  expectations  of  what  that  army  was  to  do  for  them — viz., 
to  effect  their  emancipation.  They  have  understood  very  much  more,  and  even  now  under 
stand  more,  of  the  political  condition  of  things  in  this  whole  government  than  people  usually 
suppose. 

Question.  Do  they  not  generally  understand  those  subjects  as  well  us  the  low  whites  of 
the  south  .' 

Answer.  I  think  they  do. 

Question.  What  in  your  opinion  has  been  the  effect  of  the  liberal  policy  of  the  President  of 
the  United  States  in  granting  pardons  and  amnesties  to  the  rebels  at  the  south  ?  Has  that 
policy  increased  their  attachment  to  the  government  of  the  United  States,  or  has  it  had  the 
eti'ert  of  diminishing  it? 

Answer.  It  has  undoubtedly  increased  their  attachment  to  the  President  personally ;  but 
I  think  they  have  less  respect  for  the  government  itself.  I  saw  that  they  came  buck,  with 
their  pardons,  to  be  more  insolent -than  ever.  I  think  I  have  seen  very  distinctly  that  as 
they  have  received  favors  from  the  government  they  have  become  more  and  more  arrogant 
in  their  demands,  and  less  and  less  like  uniting  happily  with  us.  I  think  that  at  first,  when 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  249 

their  armies  surrendered,  they  would  have  accepted  terms  very  gratefully  which  now  they 
are  ready  to  spurn.  The  whole  process  of  favors  shown  them  seems  to  have  worked  badly 
so  far  as  bringing  them  towards  us. 

Question.  You  think,  then,  that  instead  of  esteeming  those  favors  as  benefactions,  they 
have  only  had  the  effect  of  inflaming  their  ill-will  towards  the  United  States  and  of  augment 
ing  their  defiance? 

Answer.  Yes,  sir.  They  have  taken  them  as  rights,  and  have  been  encouraged  to  demand 
more  of  the  same  sort. 

Question.  How  do  they  regard  the  copperhead  party  of  the  north? 

Answer.  With  exceeding  lavor.  I  heard  conversations  everywhere  to  ihe  effect  that  they 
must  unite  with  that  party  and  acquire  strength  to  overcome  the  republican  party.  They 
seem  to  be  talking  about  that,  and  planning  about  it.  • 

Question.  Do  they  appear  to  be  willing  to  remain  in  the  Union  in  the  event  of  the 
ascendancy  of  the  copperhead  party  with  their  assistance  ?  Would  that  satisfy  them? 

Answer.  I  think  they  expect  to  remain  in  the  Union  at  present.  They  find  it  very  diffi 
cult  to  get  out.  They  seem  to  have  the  purpose  now  of  securing  their  objects  in  the  Union. 
That  is  their  present  plan.  What  they  will  do,  if  unsuccessful  within  the  next  few  years,  is 
doubtful.  I  should  myself  fear  another  rebellion  if  they  were  admitted  to  all  the  privileges 
and  powers  they  once  possessed  until  they  manifest  a  different  disposition  than  they  do  at 
present. 

Question.  What  other  security  doesfc  there  exist  at  the  south  for  the  permanency  of  the 
Union  and  the  government  of  the  United  States  so  great  and  so  strong  as  the  granting  of  civil 
and  political  rights  to  the  black  people  ?  What  other  security  so  great  and  so  strong  as  that  ? 

Answer.  To  my  mind  that  is  our  only  hope.  I  think  that  by  so  doing  the' States  will  bo 
brought  back  gradually  to  the  possession  of  their  old  position,  and  the  country  will  go  on 
safely.  This  is  certainly  my  hope. 

Question.  But  to  withhold  those  rights  from  the  blacks  would  be,  in  your  judgment,  to 
weaken  the  bonds  of  the  Union  in  that  part  of  the  country  ? 

Answer.  I  think  so,  decidedly.  I  should  like  to  have  appended  to  this  examination  my 
report  on  schools  made  to  the  Commissioner  of  the  Freedmen's  Bureau,  as  it  contains  facts 
and  statistics  of  interest. 

Mr.  HOWARD.  Certainly,  sir. 

Witness  handed  to  the  committee  a  copy  of  th.e  report  referred  to,  which  is  appended  to  his 
examination,  as  follows : 

WAR  DEPARTMENT, 
BUREAU  OF  REFUGEES,  FREEDMEN.  AND  ABANDONED  LANDS, 

Washington,  D.  C.,  January  ],  1866. 

GENERAL  :  In  obedience  to  your  Special  Order  No.  84,  appointing  me  inspector  of  schools 
and  of  finances  for  freedmen,  I  have  the  honor  to  report — 

That  I  left  Washington  on  the  6th  day  of  October  last,  and  travelled  through  all  the 
States  south,  below  Tennessee  and  this  side  of  the  Mississippi  river. 

The  cities  and  large  towns  visited  were  Baltimore,  Maryland ;  Hampton,  Norfolk,  Peters 
burg,  and  Richmond,  Virginia ;  Newbern,  Goidsborough,  and  Wilmington,  North  Carolina ; 
Florence,  Charleston,  and  Beaufort,  South  Carolina;  Savannah,  Augusta,  and  Atlanta, 
Georgia ;  Fernaudina,  Jacksonville,  and  Tallahassee,  Florida ;  Mobile  and  Montgomery, 
Alabama ;  Jackson,  Vicksburg,  and  Natchez,  Mississippi ;  and  New  Orleans,  Louisiana — 
most  of  these  places  both  on  my  outward  and  returning  journey.  My  whole  tour  extended 
over  four  thousand  miles  of  travel.  Going  by  land  I  was  enabled  to  see,  along  the  line,  and 
by  excursions  into  the  interior  and  to  the  islands,  much  of  the  freedmen's  condition  upon  the 
plantations.  I  also  went  among  the  colored  troops,  as  I  could  find  them  in  their  various  re- 
gimeatal  encampments,  or  as  detailed  in  companies  on  special  duty. 

SCHOOLS. 

The  desire  of  f  he  freedmen  for  knowledge  has  not  been  over-stated.  This  comes  from  sev 
eral  causes : 

1.  The  natural  thirst  for  knowledge  common  to  all  men. 

2.  They  have  seen  power  and  influence  among  white  people  always  coupled  wTith  learning. 
It  is  the  sign  of  that  elevation  to  which  they  now  aspire. 

3.  Its  mysteries,  hitherto  hidden  from  them  in  written  literature,  excites  to  the  special 
study  of  books. 

4.  Their  freedom  has  given  wonderful  stimulus  to  all  effort,  indicating  a  vitality  which 
augurs  well  for  their  future  condition  and  character. 

5.  But  especially  the  practical  business  of  life  now  upon  their  hands  shows  at  once  their 
need  of  an  education.     This  they  all  feel  and  acknowledge;  hence  their  unusual  welcome  and 
attendance  upon  schools  is  confined  to  no  one  class  or  age.     Those  advanced  in  life  throw 
up  their  hands  at  first  in  despair,  but  a  little  encouragement  places  even  these  as  pupils  at 
the  alphabet.     Such  as  are  in  middle  life — the  laboring  class— gladly  avail  themselves  of  the 
evening  and  Sabbath  schools.    They  may  be  often  seen  during  the  intervals  of  toil,  when  off 
duty  as  servants,  on  steamboats,  along  the  railroads,  and  when  unemployed  in  the  streets  of 


250  RECONSTRUCTION. 

the  city  or  on  the  plantations,  with  some  fragment  of  a  spelling-book  injheir  hands  earnestly 
at  study.  Regiments  of  colored  soldiers  have  nearly  all  made  improvement  in  1<  arning.  In 
some  of  them,  where  but  few  knew  their  letters  at  first,  nearly  every  man  can  now  read,  and 
many  of  them  write.  In  other  regiments  one-half  or  two-thirds  can  do  this. 

The  officers  of  such  regiments  deserve  great  credit  for  their  efforts  in  this  respect.  The 
one  hundred  and  twenty-eighth  United  States  colored  troops,  at  Beaufort,  I  found  with  reg 
ularly  detailed  teachers  from  the  line  officers,  a  neat  camp  school-house  erected  by  the  regt- 
ment,  and  the  colonel,  with  great  interest,  superintending  the  whole  arrangement.  Chap 
lains  have  also  been  the  school-masters  of  their  respective  regiments  with  much  success,  and 
greatly  increasing  their  usefulness.  Even  in  hospitals  I  discovered  very  commendable  efforts 
at  such  elementary  instruction.  In  the  above  camp  and  hospital  work  the  teachers  of  the 
northern  associations  were  found  helping.  But  the  great  movement  is  among  the  children 
of  the  usual  sehootage,  and  who  are  now  otherwise  wholly  unemployed.  Their  parents,  if 
at  all  intelligent,  everywhere  encourage  them  to  study.  Your  officers  in  all  ways  add  their 
influence,  and  it  is  a  fact,  not  always  true  of  children,  that  among  those  recently  from  bond 
age,  the  school-house,  however  rough  and  uncomfortable,  is,  of  all  other  places,  the  most 
attractive,  the  average  attendance  being  nearly  equal  to  that  usually  found  at  the  north. 
For  instance,  in  the  District  of  Columbia  the  daily  attendance  at  the  white  schools  is  but 
forty-one  per  cent.,  while  at  the  colored  schools  of  the  District  it  is  seventy-five  per  cent.  In  the 
State  of  New  York  the  daily  attendance  at  the  public  schools  is  forty-three  per  cent.  At  the 
colored  ^schools  in  the  cit£  of  Memphis  it  is  seventy-iwo  per  cent.  In  the  whole  State  of  Al 
abama  it  is  seventy-nine  per  cent,  and  in  Virginia  eighty-two  per  cent.  The  most  thorough 
attendance  at  public  schools  at  the  north  is  probably  in  the  city  of  Boston,  where  it  is  ninety- 
three  per  cent,  In  Ijae  comparison,  therefore,  schools  of  colored  children  do  not  suffer  (espe 
cially  when  we  consider  lax  government  at  home,  and  opportunities  for  truancy)  with  the 
most  vigorous  system  found  among  our  own  children.  Love  of  their  books  is  "universally 
apparent.  Dull  and  stupid  ones  there  are,  but  a  very  common  punishment  for  misdemeanor 
is  the  threat  of  being  kept  at  home  for  a  day.  The  threat  in  moSt  cases  is  sufficient 

TOTAL  UNDER  INSTRUCTION. 

_  The  whole  number  of  pupils  in  the  colored  schools  of  the  eleven  States  lately  in  insurrec 
tion,  and  including  Missouri,  Kentucky,  Maryland,  and  the  District  of  Columbia,  up  to  the 
last  date  of  reports,  namely,  December  1,  is  ninety  thousand  five  hundred  and  eighty-nine. 
Teachers,  one  thousand  three  hundred  and  fourteen.  Schools,  seven  hundred  and  forty. 
These  numbers  have  increased,  rather  than  diminished,  since  that  date. 

The  above  schools  are  sustained,  under  your  superintendence,  by  the  various  benevolent 
associations  of  the  north,  with  the  exception  of  a  few  in  charge  of  tax  commissioners,  and 
those  in  Louisiana,  until  recently  supported  by  a  military  rax  on  the  people  of  the  State. 
But  these  associations  are  indebted  to  the  government  for  transportation  of  teachers  and  of 
school  furniture,  for  military  protection,  and  in  many  cases  for  the  occupation  of  buildings 
in  possession  of  the  bureau.  The  loyal  people  of  the  country  will,  it  is  believed,  do  much 
more  of  this  philanthropic  work  if  they  can  be  furnished  with  the  needed  accommodations 


way  be  secured. 

The  above  associations  would  in  many  cases  erect  buildings  with  their  own  funds  if  they 
could  obtain  land  on  which  to  do  it. 

VIRGINIA. 

The  best  schools  in  this  State  are  at  Hampton  and  Norfolk  and  the  adjacent  plantations 
where  the  field  could  be  occupied  soon  after  the  war  commenced.  Attainment  in  all  the 
branches  of  a  common  education  has  been  most  commendable,  and  no  abatement  of  zeal  or 
slackening  of  progress  is  apparent  among  scholars  most  advanced.  The  higher  classes  are 
destined  to  go  still  higher  if  opportunity  is  afforded  them. 

In  other  parts  of  Virginia  these  educating  efforts  have  commenced  more  recently,  but  with 
equal  promise.  By  the  efforts  of  your  excellent  assistant  commissioner  at  Richmond,  schools 
in  their  first  stages  are  now  instituted  in  all  parts  of  the  State.  The  whole  number  of  col 
ored  children  under  instruction  at  the  present  time  is  twelve  thousand  eight  hundred  ami 
ninety-eight  (12,^98)  pupils,  in  ninety  (90)  schools,  with  one  hundred  and  ninety-five  (195) 
teachers,  and  the  reports  of  the  State  superintendent  are  full  and  satisfactory. 

Aside  from  these  colored  schools,  I  found  at  Richmond  a  very   good  school   for  indigent 


white  children,  under  the  care  of  the  American  Union  commission,  numbering  three  hundred 
and  seventy-five  (375)  pupils,  with  five  teachers,  and  fifty  (50)  adults  in  an  evening  school. 
In  addition  to  this,  the  old  provost  marshal  building,  General  Winder's  former  head  quarters, 
is  now  being  fitted  up  for  seven  schools  for  poor  white  children,  an  industrial  school,  and  a 
public  reading-room.  The  lower  and  the  middling  classes  of  the  white  population  of  the  city 
favor  this  movement. 

In  Petersburg  and  Fredericksburg,  each,  the  commission  has  a  similar  school,  the  former 
numbering  eighty  (80)  and  the  latter  one  hundred  and  fifty  (150)  pupils. 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  251 


NORTH  CAROLINA. 

In  this  State  there  are  schools  well  advanced  at  Newbern  and  vicinity,  having  had  for  the 
same  reason  as  above  time  for  thorough  organization  and  progress.  A  vigorous  system  has 
been  more  recently  arranged  throughout  the  whole  State  into  which  children  and  even  adults 
are  crowding,  making  a  constant  demand  for  the  opening  of  new  schools  ;  a  general  desire 
for  education  is  everywhere  manifested.  In  some  instances,  as  in  Halifax  county,  very  good 
schools  were  found  taught  and  paid  for  by  the  colored  people  themselves.  Said  a  gentleman 
to  me,  "  I  constantly  see  in  the  streets  and  on  the  door-steps  opposite  my  dwelling  groups  of 
little  negroes  studying  their  spelling-books."  The  aggregate  for  the  whole  State  is,  schools 
eighty-sTx,  (86,)  teachers  one  hundred  and  nineteen,  (]  19,)  pupils-eight  thousand  five  hundred 
and  six,  (8,506.)  The  increase  of  scholars  during  the  four  weeks  previous  to  this  summary 
was  one  thousand  four  hundred  and  fifty-three.  We  note  the  gratifying*  fact  that  while  there 
is  this  general  increase,  the  attendance  in.the  large  towns  is  decreasing — showing  that  the 
tide  of  colored  population  is  now  setting  strongly  toward  the  rural  districts  where  labor  is 
called  for,  and  where  they  will  have  permanent  settlement  in  life.  An  industrial  school  on 
Roanoke  island  is  in  successful  operation.  In  Raleigh  and  Wilmington  there  are  schools  for 
poor  white  children,  numbering  in  both  places  two  hundred  and  fifty  attendants. 

SOUTH   CAROLINA  AND  GEORGIA. 

In  the  city  of  Charleston  the  free"  colored  people  during  the  existence  of  slavery  were,  un 
der  various  restrictions,  permitted  to  have  schools.  The  consequence  was  that  some  of  that 
class  were  q^ite  well  educated.  When  the  late  emancipation  came  these  schools  were  at  once 
enlarged,  and  by  the  aid  of  northern  benevolence  became  very  soon  unusually  interesting  ; 
opposition  of  the  citizens  was  rather  to  the  occupying  of  their  public  school-houses  by  the 
negroes,  than  to  their  education  itself. 

The  whites  had  seen  in  former  years  that  free  negroes  were  elevated  in  character  by  having 
learning,  and  it  may  be  well  to  state  that  of  the  seventy-six  (76)  teachers  in  South  Carolina 
at  the  present  time,  twenty-five  (2G)  are  natives,  twenty-four  (24)  being  colored  persons.  It 
will  undoubtedly  be  true  that  as  prejudice  wears  away  white  persons  of  the  south  will  be 
willing  to  engage  in  this  well  paid  and  useful  service.  And  as  intelligence  increases  colored 
teachers  will  also  become  more  numerous.  The  happy  effect  of  mingling  in  one  common 
and  honorable  employment  persons  from  opposite  sections  of  the  country,  and  also  of  differ 
ent  colors,  is  apparent.  The  accomplished  head  master  of  the  largest  school  in  Charleston, 
numbering  eight  hundred  and  fifty  (850)  in  daily  attendance,  is  a  colored  man.  In  all  parts 
of  the  State  schools- are  multiplying;  rf'e  whole  number  being  forty-eight,  (48,)  not  as  large 
as  might  be  expected,  but  some  of  them  are  immense  in  attendance.  Two  in  Charleston 
register  over  eight  hundred  (800)  pupils  each,  and  fifteen  (15)  others  in  the  State  from  one 
hundred  and  ten  (110)  to  three  hundred  and  seventy-two  (372)  each.  I  visited  the  principal 
of  these  schools,  and  can  say  that  many  hundreds  of  pupils  bore  excellent  examination  in 
reading,  writing,  geography,  and  English  grammar.  Some  of  the  schools  in  the  interior  are 
in  their  first  rude  stage,  and  many  are  deficient  in  making  their  regular  reports.  The  whole 
number  of  teachers  is  seventy-six,  (76,)  and  of  pupils  ten  thousand,  (10,000.) 

Georgia  having  been  under  the  same  assistant  commissioner,  does  not  differ  much,  in  the 
work  done  and  in  progress,  from  South  Carolina.  The  best  schools  are  in  Augusta,  Macon 
and  Savannah ,  It  would  be  difficult  to  discriminate,  though  in  the  latter  place  the  effort  began 
earlier.  In  a  very  few  days  after  the  advent  of  General  Sherman,  there  were  five  hundred 
(500)  children  under  organized  instruction  in  that  city.  This  effort  in  teaching  and  expense 
was  undertaken  wholly  by  the  colored  people  themselves.  They  receive  from  white  friends 
only  advice  and  encouragement. 

These  schools  still  continue,  and  with ,  improvement  quite  creditable  to  the  agency  by 
which  they  are  carried  on.  There  are  in  the  State  sixty-nine  (69)  schools,  and  three  thousand 
six  hundred  and  three  (3,603)  pupils,  with  sixty -nine  (69)  teachers,  forty-three  (43)  of  whom 
are  colored  persons.  The  associations  of  the  north  are  doing  well  here,  as  in  the  other  States ; 
but  their  efforts  are  crippled  for  want  of  buildings.  In  every  place  a  crowd  of  pupils  can 
find  no  adequate  accommodation.  It  is  also  true  that  schools  are  prevented  from  going  into 
the  interior  through  fear  of  violence  to  unprotected  teachers;  a  military  police  is  everyAvhere 
needed.  At  Athens,  in  this  State,  the  Union  commission  has  a  school  of  refugee  white  chil 
dren  with  ninety-five  (95)  pupils.  At  Chattanooga  there  is  an  advanced  school  of  this  kind 
recently  started. 

FLORIDA.  .    . 

This  State  is  not  as  far  advanced  in  education  as  some  others,  most  of  it  being  more  sparsely 
populated  and  the  organization  more  recent. '  Notwithstanding,  there  are  good  schools  in  ten 
<3f  the  larger  towns,  with  the  same  general  results  as  above.  In  Tallahassee  I  found  five 
schools  gathered  and  taught  by  the  colored  preachers  of  the  place;  also  a  school  of  interesting 
girls  instructed  by  a  mulatto  woman  of  education,  and  who  said  "  I  intend  to  make  ladies  of 
these  girls."  They  will  undoubtedly  become  teachers.  At  Fernandiua  an  orphan  school  of 


252  RECONSTRUCTION. 

forty  (40)  little  parcntless  children  occupies  the  mansion  formerly  owned  bju  General  Fhmi- 
gan  ;  it  is  a  lovely  specimen  of  genuine  philanthropy,  and  the  lady  principal  deserves  great 
credit  for  her  self-denying  labors.  The  total  in  Florida  is  thirty  schools,  nineteen  (19)  teach 
ers,  and  nineteen  hundred  (1,900)  pupils. 

ALABAMA. 

As  far  as  I  could  learn,  there  have  been  but  two  schools  in  this  State  under  the  care  of  the 
assistant  commissioner.  But  these  are  large,  having  eight  hundred  and  seventeen  (817) 

Supils  enrolled,  with  fifteen  (15)  teachers.  That  at  Mobile  bears  a  most  rigid  examination 
i  all  respects ;  it  is  well  graded,  its  teachers  thorough,  and  its  discipline  excellent.  The 
progress  made  by  the  majority  of  the  scholars  is  truly  surprising.  The  school  opened  in 
May,  1865,  and  now  there  are  classes  in  all  the  different  readers  from  the  pictorial  primer  to 
the  rhetorical  fifth  reader ;  one  class  is  now  in  fractions  of  Robinson's  arithmetic  ;  one  class 
in  intellectual  arithmetic  reciting  in  reduction  ;.  other  classes  are  well  advanced  'in  English 
grammar  and  geography ;  the  teachers  publish  a  monthly  paper  called  "  The  Acoon."  This 
school  receives  help  from  the  north,  but  each  pupil,  if  able,  is  required  to  pay  a  small  tuition 
fee  of  irom  twenty-five  cents  to  $1  25  per  month,  no  child  being  excluded  on  account  of  pov 
erty.  The  whole  amount  received  from  this  tuition  has  been  $1,875  18.  The  other  school 
Ls  at  Montgomery,  and  is  in  a  very  good  condition,  with  three  hundred  arid  twenty-five  pupils, 
who  pay  in  the  aggregate  $H8  per  month  tuition.  Arrangements  are  in  progress  by  your 
assistant  commissioner  at  Montgomery  to  have  a  general  system  of  schools  throughoiit  the 
State.  Governor  Parsons  favors  the  work,  and  some  white  native  teachers  are  willing  to 
engage  in  it.  But  in  the  interior,  as  is  true  of  all  these  States,  much  opposition  is  manifest 
ed,  and  military  protection  will  for  the  present  bo  needed,  especially  if  the  instructors  are  to 
be  females.  There  are  also  eleven  schools  in  the  northern  part  of  the  State  in  the  division 
known  as  the  "  Department  of  the  Tennessee,"  which  have  hitherto  been  superintended  by  tlic 
commissioner  of  Kentucky  and  Tennessee.  These  are  about  to  be  transferred  to  the  care  of 
the  commissioner  of  Alabama.  They  are  at  Huntsville,  Athens  and  Stevenson,  and  are  good 
schools. 

MISSISSIPPI. 

There  is  a  mixture  of  good  and  evil  to  report  from  this  State.  Your  officers  are  indefati 
gable  in  their  efforts.  There  are  many  good  schools  among  the  thirty  which  have  been  rn 
operation.  Some  of  these  have  made  admirable  progress,  and  a  number,  not  included  m 
the  above,  have  started,  under  various  auspices,  in  different  parts  of  the  State.  There  is, 
everywhere,  the  usual  eagerness  to  learn;  but  in  some  sections  "inveterate  opposition" 
among  the  whites  is  manifested  towards  these  schools.  Two  teachers,  at  the  time  I  was 
there,  were  sent  to  one  of  the  large  towns,  twenty -five  miles  into  the  country,  where  there 
was  no  military,  and  the  next  morning  they  were  ordered  off,  and  threatened  if  they  did 
not  go.  This  opposition  is  often  openly  avowed  ;  but  more  generally  is  tacit  and  concealed, 
making  itself  felt  everywhere  in  a  sort  of  combination  not  to  allow  the  freedmen  any  place 
in  which  a  school  may  be  taught.  A  superintendent  in  an  interior  town  says  :  "  The  oppo 
sition  to  negro  education  is  very  great  in  my  town  and  neighborhood."  Colored  men,  m 
some  instances,  have  paid  their  own  money  to  prepare  and  furnish  a  room  for  .a  school,  and 
then  have  been  forbidden  to  use  it ;  the  white  people  taking  it  from  them  for  their  own  chil 
dren.  These  same  things  are  true  of  other  States,  though  in  Mississippi  such  opposition  hus 
seemed  to  be  more  common  than  elsewhere ;  and  yet  there  are  redeeming  features.  In 
stances  of  planters  have  come  to  our  knowledge  who  are  desirous  of  employing  teachers  for  the 
freed  people.  One  of  your  officers  states  that  "many  planters  are  beginniilg  to  perceive 
that  schools  for  the  children  would  be  an  inducement  to  laborers  to  engage  with  them." 
General  opposition  is  undoubtedly  decreasing.  We  notice  expressions  of  hope  from  those 
who  are  laboring  in  the  State,  and  it  is  clear  that  a  steady  system  of  effort  cannot  be  resisted. 
As  I  told  one  of  the  planters,  "they  would  find  it  harder  fighting  the  alphabet  and  spelling- 
book  than  they  did  Grant  and  Sherman."  He  made  no  reply.  There  are  now  sixty-eight 
(68)  teachers  in  that  State,  thirty-four  (34)  Schools,  and  four  thousand  three  hundred  uiul 
ten  (4, :>!())  enrolled  pupils.  More  than  half,  of  these  are  considerably  advanced  in  reading, 
writing,  and  arithmetic. 

LOUISIANA. 

In  this  State  a  peculiar  and  very  efficient  system  was  inaugurated  by  Major  General  Banks 
in  his  General  Order  No.  38,  March '22,  1864.  That  order  created  a  "  board  of  education  for 
freed  men  for  the  department  of  the  Gulf,  with  power  to  establish  common  schools,  employ 
teachers,  erect -school-houses,  regulate  the  course  of  studies,  and  have  generally  the  same 
authority  that  assessors,  supervisors,  and  trustees  have  in  the  northern  States  in  the  matter 
of  establishing  and  conducting  common  schools." 

The  purpose  of  the  order  is  stated  to  be  "for  the  rudimental  instruction  of  the  freedmen 
of  the  department,  placing  within  their  reach  those  elements  of  knowledge  which  give  greater 
intelligence  and  value  to  labor." 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  253 

Previously,  the  teaching  of  a  negro  had  been  a  heinous  offence.  It  is  true  that  the  chil 
dren  of  free  colored  people,  who  were  in  good  circumstances,  (known  as  "Creoles,"  gen 
erally  of  French  or  Spanish  extraction,)  when  not  educated  abroad,  or  from  fairness  of  com 
plexion,  by  occasional  admission  to  the  white  schools,  were  quietly  instructed  at  home  or  in 
a  very  few  private  schools  of  their  class  ;  but  for  the  poor,  even  of  the  free  colored  people, 
there  was  no  school. 

Almost  immediately  upon  the  above  order  a  great  system  went  into  operation,  and  during 
the  last  two  years  there  have  been  about  150  schools  for  colored  children  established  in  this 
State,  giving  employment  to  265  teachers,  and  affording  instruction  to  14,000  children  and 
5,000  adults,  of  which  latter  class  more  than  1,000  were  soldiers.  There  have  been,  in  New 
Orleans  alone,  19  large  schools,  employing  104  teachers,  with  an  average  attendance  of 
5,7*24  pupils.  More  than  50,000  colored  people,  as  reported  by  the  local  superintendent, 
have  been  taught  to  read  in  that  city  and  immediate  vicinity,  and  now  they  seem  to  feel 
more  deeply  interested  than  ever  in  acquiring  knowledge.  These  are  great  results.  I  vis 
ited  these  schools,  looked  over  their  records,  heard  their  recitations,  saw  their  excellent  dis 
cipline,  became  acquainted  with  the  majority  of  their  intelligent  teachers,  and  feel  safe  in 
saying  that  while  no  State  has  had  so  large  an  organization,  no  one  has  excelled  Louisiana 
in  the  detailed  perfection  of  their  school  system.  The  charges  which  have  been  made,  that 
too  high  salaries  were  given  to  teachers,  I  investigated  thoroughly,  and  found  them  entirely 
groundless.  Tho  expense  of  living  in  Louisiana  is  enormous. 

It  may  be  well  to  state  that  quite  a  number  of  southern  white  teachers  have  been  em 
ployed.  They  understand  the  negro,  and  their  southern  origin  and  education  enable  them 
to  combat  prejudice  against  his  education. 

These  teachers  may  not  be  equal  in  some  respects  to  those  from  the  north,  but  their  wril- 
lingness  to  bear  jeers  and  contempt  of  friends  and  kindred,  and  the  practical  exclusion  from, 
circles  which  hitherto  have  received  them  gladly,  entitles  them  to  great  consideration.  The 
superintendent  has  aimed  to  select  the  most  capable  and  worthy  of  these,  but  has  not  been 
unmindful  of  those  whose  loyal  antecedents  and  consequent  suffering  from  the  rebellion 
entitle  them  to  sympathy  and  aid. 

Whenever  colored  teachers,  with  the  requisite  ability,  have  presented  themselves,  he  has 
made  no  distinction  whatever. 

Much  opposition  has  been  encountered  from  those  who  dp  not  believe  in  the  elevation  of 
the  negro.  The  more,  perhaps,  as  by  the  "  labor  order  "  of  General  Banks,  to  obtain  his  ser 
vices,  they  were  obliged  to  help  pay  for  this  education.  A  multitude  of  facts  might  be  given. 

It  is  the  testimony  of  the  superintendent  that  "if  the  military  power  should  be  withdrawn, 
and  the  State  once  more  resume  all  her  functions,  our  schools  would  cease  to  exist,  and  the 
whole  moral  and  political  influence  of  the  people  of  Louisiana  be  brought  to  bear  against 
them."  The  constitution  of  1864  makes  it  incumbent  on  the  legislature  to  provide  for  the 
education  of  colored  children;  but  that  constitution  is  not  regarded  as  the  law  of  the  land, 
and  the  dominant  party  demands  that  it  be  set  aside,  as  not  expressing  the  will  of  the 
people. 

A  member  of  the  legislature,  which  was  in  session  while  I  was  at  New  Orleans,  was  pass 
ing  one  of  the  schools  with  me,  having  at  the  time  its  recess,  the  grounds  about  the  building 
b*ng  filled  with  children.  He  stopped  and  looked  intently,  then  inquired,  "Is  this  a 
school?"  "Yes,"  I  replied.  "What!  of  niggers?"  "These  are  colored  children  evi- 
dentlyjtf  I  answered.  "Well,  well,"  said  he,  and  raising  his  hands,  "I  have  seen  many  an 
absurdity  in  my  lifetime,  but  this  is  the  climax  of  absurdities!"*  I  was  sure  he  did  not 
speak  for  effect,  but  as  he  felt.  He  darted  from  me  like  an  arrow,  and  turned  the  next  cor 
nea-  to  take  his  seat  with  legislators  similarly  prejudiced. 

It  was  with  regret  that  I  learned,  while  in  the  State,  that  the  collection  of  the  general  tax 
for  colored  schools  was  suspended  by  military  order.  The  consternation  of  the  colored  popu 
lation  was  intense.  They  could  not  consent  to  have  their  children  sent  away  from  study, 
and  at  once  expressed  willingness  to  be  assessed  for  the  whole  expense.  Their  part  of  the 
ordinary  public  school  tax  they  were  already  paying,  though  not  sharing  its  benefits  ;  but 
they  petitioned  General  Canby  to  levy  an  added  tax  upon  them  for  their  own  schools.  The 
New  Orleans  Tribune  (colored  daily  paper)  opposed  this  on  the  ground  that  it  was  without 
representation,  and  so  did  many  of  the  rich  " Creoles;"  but  the  middle  and  lower  classes  of 
the  freedmeu  could  not  be  restrained.  Petitions  began  to  pour  in.  I  saw  one,  from  the  plan 
tations  across  the  river,  at  least  thirty  feet  in  length,  representing  ten  thousand  negroes.  It 
was  affecting  to  examine  it,  and  note  the  names  and  marks  (X)  of  such  a  long  list  of  par 
ents,  ignorant  themselves,  but  begging  that  their  children  might  be  educated ;  promising 
that,  from  beneath  their  present  burdens  and  out  of  their  extreme  poverty,  they  would  pay 
for  it.  I  am  happy  to  add  that,  upon  the  back  of  that  petition  was  indorsed  the  name  of 
your  excellent  commissioner,  General  Baird,  asking,  on  behalf  of  these  poor,  that  their  re 
quest  might  be  granted.  I  learn  that  this  matter  has  not  yet  been  accomplished,  and  that 
the  schools  have  been  temporarily  suspended ;  the  commissioner  assuring  the  freedmen  that 
"  by  the  first  of  March  the  system  of  contracts  prescribed  for  agricultural  laborers  will  begin 
to  yield  a  revenue,"  and  it  is  expected  that  the  schools  in  the  country  districts  may  then  be 
re-established.  He  adds  that,  "in  the  cities  and  towns  the  mode  of  maintaining  schools  has 
not  been  so  fully  decided  upon ;  but  the  vacation,  which  has  become  absolutely  necessary 


254  RECONSTRUCTION. 

from  the  want  of  funds,  will  be  of  the  shortest  possible  duration."  If  ineans,  from  any 
quarter,  come  into  the  hands  of  the  bureau,  I  would  call  attention  to  the  reopening  of  these 
interesting  schools  at  the  earliest  moment.  A  number  of  industrial  schools  have  been  hi 
progress  in  New  Orleans  and  with  good  results. 

As  I  did  not  visit  the  States  of  Texas,  Arkansas,  Kansas,  Missouri,  Kentucky,  and  Ten 
nessee,  I  Avill  only  give  the  general  facts  in  regard  to  them,  obtained  from  the  several  super 
intendents.  » 

In  Texas  there  are  ten  day  and  six  night  schools  for  freedmen,  under  ten  teachers,  with 
1,040  pupils,  many  of  them  adults.  They  are  all  self-sustaining.  Arrangements  have  been 
made  whereby  thirty  teachers  will  soon  be  obtained,  and  that  number  of  schools  will  be  or 
ganized  as  soon  as  books  can  be  procured.  > 

In  Missouri,  Kansas,  and  Arkansas,  under  the  care  of  General  Sprague,  there  are  39  schools, 
51  teachers,  and  3,444  pupils.  One  school  has  been  recently  closed  for  want  of  a  building. 


The  last  report  from  these  States  gives  75  schools^  264  teachers,  and  14,768  pupils.  The 
Dnimissioner  says,  "  In  addition  to  these  free  schools,  the  colored  people  have  sustained 
lany  independent  schools  in  Louisville,  Nashville,  Memphis,  and  Knoxville,  largely  increas- 


KENTUCKY  AND  TENNESSEE. 

The 

commissioner  say; 

ing  the  above  numbers."  Several  schools  have  been  abandoned,  however,  lately,  for  want 
of  suitable  buildings,  and  others  from  the  breaking  up  of  government  camps.  The  cold 
weather  of  winter  also  prevents  many  from  attending.  Much  opposition  has  been  made  to 
educating  the  freedmen  in  some  parts  of  those  States,  while  in  a  few  places  (as  at  Athens, 
Alabama,)  the  citizens  are  said  to  be  "favorable  to  the  schools."  There  is  a  constantly  in 
creasing  demand  among  the  freed  people  for  education.  The  superintendent  testifies  that 
"while  the  expenditure  for  educational  purposes  in  this  department  for  the  past  six  months 
lias  not  been  less  than  $50,000,  scarcely  a  beginning  has  been  made  in  the  great  work." 

At  Nashville  a  square  of  land  has  been  purchased  by  northern  associations  for  sixteen 
thousand  dollars,  on  which  a  high  school  building  has  been  erected  for  teaching  the  children 
of  freedmen  in  all  the  higher  branches.  It  is  expected  that  this  institution  will  equal  in  its 
advantages  the  best  schools  in  of  the  same  class  New  England.  The  building  was  dedicated 
on  the  9th  of  January  last,  and  has  now  1,100  pupils.  A  normal  department  is  attached, 
which  will  prepare  teachers  for  elementary  schools  through  the  whole  State. 

There  is  an  asylum  of  colored  children  at  Nashville,  with  sixty  inmates. 

A  number  of  teachers  for  refugee  white  children  have  been  sent  to  Tennessee  and  other 
places  of  the  west  and  southwest.  This  has  been  done  on  application  from  the  citizens  of  those 
sections.  The  effect  of  such  schools  is  not  only  to  benefit  the  children,  but  to  produce  fra 
ternity  of  feeling  with  us  among  the  people  generally,  especially  the  common  classes.  The 
wealthy  and  aristocratic  look  upon  this  effort  with  less  favor. 

In  Maryland  I  made  a  brief  inspection,  though  this  State  is  not  fully  under  your  jurisdiction. 
The  "  Baltimore  Association  for  the  Moral  and  Educational  Improvement  of  the  Colored  Peo 
ple"  has  sixteen  flourishing  schools  in  Baltimore,  numbering,  day  and  night,  1,957  pupils. 
They  occupy  seven  buildings,  and  employ  sixteen  teachers,  three  of  whom  are  colored.  These 
schools  are  now  crowded  to  their  utmost  capacity,  and  would  be  much  larger  if  room  cou^ 
be  obtained.  In  the  several  counties  of  the  State  this  association  has  Id  schools,  with  19 
teachers  and  1,110  pupils,  H  of  whom  are  colored.  The  colored  people  have  aided^  these 
county  schools  the  last  year  by  paying  $^,000  of  the  expenses  themselves.  All  these  schools 
bear  an  excellent  examination.  The  society  of  Friends  has  an  evening  school  in  Baltimore 
of  40  draymen  and  porters,  taught  by  young  men  of  the  society,  and  who  are  making  good 
progress.  These  Friends  also  aid  the  above  association. 

The  American  Missionary  Association  have  five  schools  in  Maryland,  two  in  Baltimore  and 
three  in  the  country,  under  the  care  of  seven  teachers.  With  their  evening  schools  and 
classes  of  older  people  they  have  from  600  to  700  under  their  instruction.  All  their  schools 
are  doing  well. 

Besides  these  there  are  seven  schools  in  Baltimore,  solely  under  the  management  of  the  col 
ored  people,  taught  and  paid  for  by  their  own  money.  These  contain,  in  all,  319  pupils,  a 
considerable  number  of  whom  are  adults.  This  is  an  interesting  effort,  and  shows  what  the 
colored  population  will  do  themselves,  even  alongside  of  schools  both  well  taught  and  gratu 
itous.  In  the  Douglas  (colored)  institute,  which  is  on  a  permanent  foundation,  the  children 
are  generally  from  the  working  classes,  and  their  parents  pay  for  tuition  from  $1  to  $1  50  per 
month. 

I  found  two  schools  in  Baltimore,  which  have  been  going  on  more  than  ten  years,  supported 
from  a  legacy  given  by  Nelson  Willis,  a  colored  man,  having  seventy-five  scholars  in  daily 
attendance. 

The  educational  work  in  Maryland  has  had  much  opposition,  such  as  "stoning  children 
and  teacher  at  Easton,"  "  rough  handling  and  blackening  the  teacher  at  Cambridge,"  "  indig 
nation  meeting  in  Dorchester  county,  with  resolutions  passed  to  drive  out  the  teacher,"  ami 
the  "  burning'  of  church  and  school-house  at  Williugtou,  Kent  county."  "A  guard  had  to  be 
placed  over  the  school-house  at  Annapolis,"  &c. 

Colored  churches  have  also  been  burned  in  Cecil,  Queen  Ann,  and  Somerset  counties,  to 


VIRGINIA — NORTH    CAROLINA SOUTH   CAROLINA.  255 

prevent  schools  being  opened  in  them,  all  showing  that  negro  hate  is  by  no  means  confined 
to  the  low  south. 

I  have  thus  been  somewhat  particular  in  regard  to  Maryland,  because  you  are  without 
regular  official  reports  from  that  State.  . 

In  the  District  of  Columbia  there  are  reported  45  schools,  100  teachers,  and  5,191  pupils. 
Some  thousands  of  these  are  good  readers,  and  also  are  in  English  grammar,  geography, 
arithmetic,  and  higher  branches.  One  thousand  eight  hundred  and  fifty-four  are  learning  to 
write,  and  only  1,097  are  still  in  the  alphabet.  There  are  nine  other  schools  not  reported, 
having  500  or  COO  pupils.  Twenty-one  night  schools  are  in  operation,  with  1,200  pupils, 
and,  besides  Sabbath  schools  attached  to  all  the  colored  churches,  there  are  25  such  schools 
connected  with  this  bureau  in  a  flourishing  condition,  having  2,329  pupils.  A  number  of 
industrial  schools  have  been  started,  one  of  which  made  during  the  last  month  162  garments; 
another  has  made  100  articles  of  clothing.  The  last  is  a  school  of  adult  women.  This  whole 
work  is  a  vast  Improvement  upon  the  state  of  things  here,  as  some  of  us  well  remember  only 
a  few  months  since.  The  superintendent,  Mr.  Kimbell,  says,  "all  the  teachers  seem  to  be 
earnest  and  hopeful."  One  writes,  "  I  find  the  children  are  very  much  like  white  ones,  some 
stupid,  others  bright.  They  are  rather  more  eager  for  learning,  because  it  has  been  forbjd- 
deu  fruit  to  them." 

The  order  and  general  character  of  many  of  these  schools  in  "Washington  has  much  im 
proved  of  late.  One  of  them,  situated  in  the  heart  of  the  city,  and  therefore  open  to  much 
observation,  was,  a  few  months  ago,  declared  a  "nuisance"  by  the  neighbors;  now  no 
complaint  is  made  and* even  much  praise  is  elicited  by  the  good  conduct  of  the  children. 

Eight  or  ten  self-supporting  schools,  taught  by  colored  teachers,  numbering  at  least  500 
scholars,  are  also  in  operation  here  in  the  district.  Some  of  these  appear  remarkably  well. 
There  is  an  association  of  all  the  teachers  of  the  schools  with  100  members  ;  in  their  monthly 
meetings  reports  are  made  and  questions  of  mutual  interest  are  discussed,  and  in  this  way 
the  general  character  of  the  schools  is  constantly  improved. 

Thus  I  have  given  a  sketch  (meager,  indeed,  as  all  the  facts  and  incidents  would  make  a 
volume)  of  the  system  of  education  for  the  refugees  and  freedmen  which  has  been  under  the 
'  general  supervision  of  this  bureau. 

I  may  be  permitted  to  say  that  from  my  personal  observations  much  more  is  being  done 
than  finds  its  way  into  the  above  statistics.  There  are  many  schools  not  reported  ;  evening 
schools  for  adults,  of  great  utility,  are  becoming  very  numerous.  Often  they  are  conducted 
by  volunteer  friends  of  the  colored  man,  and  with  a  modesty  which  forbids  making  public 
mention  of  their  work.  Sabbath  schools  among  freedmen  have  been  opened  throughout  the 
whole  south,  all  of  them  giving  elementary  instruction  and  reaching  thousands  who  cannot  at 
tend  the  week-day  teaching.  These  are  not  usually  included  in  the  regular  returns.  They  are 
often  spoken  of  with  special  interest  by  superintendents ;  indeed,  one  of  the  most  thrilling 
spectacles  which  he  who  visits  the  southern  country  now  witnesses  in  cities  and  often  upon 
plantations,  is  the  large  schools  gathered  upon  the  Sabbath  day,  sometimes  of  many  hun 
dreds,  dressed  in  clean  Sunday  garments,  with  eyes  sparkling,  intent  on  elementary  and 
Christian  instruction.  The  management  of  some  of  these  is  admirable — after  the  fashion  of 
the  best  Sunday  schools  of  white  children  with  faithful  teachers — the  majority  of  whom,  it 
will  be  often  noticed,  are  colored.  I  do  not,  therefore,  doubt  that  the  footing,  as  given  from  • 
the  several  States  in  the  first  part  of  this  report,  of  90,589  pupils,  would  be,  if  all  was  told, 
swollen  to  at  least  100,000,  who  are  now  under  effective  instruction. 

Another  great  feature  of  this  educational  movement  remains  to  be  noticed,  and  which  wall 
add  a  very  important  item  to  even  this  number.  Throughout  the  entire  south  an  effort  is 
being  made  by  the  colored  people  to  educate  themselves.  In  the  absence  of  other  teaching 
they  are  determined  to  be  self-taught,  and  everywhere-  some  elementary  text-book,  or  frag 
ment  of  one,  maybe  seen  in  the  hands  of  negroes.  They  quickly  communicate  to  each 
other  what  they  already  know,  so  that  with  very  little  learning  many  take  to  teaching.  A 
willingness,  even  an  ambition,  to  bear  expenses,  is  also  noticed.  They  often  say,  {'  We  want 
to  show  how  much  we  can  do  ourselves  if  you  will  only  give  us  a  chance." 

This  may  seem  to  be  an  overstatement  to  those  who  doubt  the  character  of  the  negro,  not 
that  they  are  ungrateful  or  unwilling  to  be  helped,  but  so  universal  is  the  feeling  I  am  de 
scribing,  that  it  seems  as  if  some  unseen  influence  was  inspiring  them  to  that  intelligence 
which  they  now  so  immediately  need.  Individuals  are  not  only  seen  at  study,  and  under 
the  most  untoward  circumstances,  but  in  very  many  places  I  have  found  what  I  will  call 
"native  schools,"  often  rude  and  very  imperfect;  but  there  they  are,  a  group,  perhaps  of 
all  ages,  trying  to  learn  ;  some  young  man,  some  woman,  or  old  preacher,  in  cellar  or  shed, 
or  corner  of  a  negro  meeting-house,  with  the  alphabet  in  hand  or  a  torn  spelling-book,  is 
their  teacher.  All  are  full  of  enthusiasm  with.ihe  new  knowledge  the  book  is  imparting  to 
them. 

Again,  I  saw  schools,  shall  I  call  them,  of  somewhat  higher  order.  A  deserted  house  has 
been  obtained;  there  is  some  organization  and  awkward  classifying  larger  members,  better 
books,  with  tolerable  exhibition  of  easy  reading.  A  sample  of  such  I  met  a1.  Goldsborough, 
North  Carolina  ;  two  young  colored  men,  who  but  a  little  time  before  commenced  to  learn 
themselves,  had  gathered  one  hundred  and  fifty  pupils,  all  quite  orderly  and  hard  at  study. 
A  small  tuition  fee  was  charged  and  they  needed  books.  These  teachers  told  me  that  no 


256  RECONSTRUCTION. 

white  man,  before  me,  had  ever  come  near  them.    At  Halifax  was  a  similar  school,  the  first 
of  any  kind  which  had  been  opened  in  that  county  since  the  war. 

A  still  higher  order  of  this  native  teaching  is  seen  in  the  colored  schools  at  Charleston, 
Savannah  and  New  Orleans  ;  with  many  disadvantages  they  bear  a  very  good  examination. 

One  I  visited  in  the  latter  city,  of  300  pupils,  and  wholly  taught  by  educated  colored  men, 
would  bear  comparison  with  any  ordinary  school  at  the  north.  Not  only  good  reading  and  spell 
ing  was  heard,  but  lessons  at  the  black-board  in  arithmetic,  recitations  in  geography  and  E rig- 
list  grammar ;  very  creditable  specimens  of  writing  were  shown,  and  all  the  older  classes 
could  read  or  recite  as  fluently  in  French  as  in  English.  This  was  a  free  school,  wholly  sup 
ported  by  the  colored  people  of  the  city,  and  the  children  were  from  the  common  classes  of 
families.  They  have  six  select  schools  where  a  better  class  attend.  Such  are  not  by  any 
means  common ;  but  all  the  above  cases  illustrate  the  remark  that  this  educational  movement 
among  the  freedmen  has  in  it  a  self-sustaining  element.  I  took  special  pains  to  ascertain 
the  fact  on  this  particular  point,  and  have  to  report  that  there  arc  schools  of  this  kind  in  some 
stage  of  advancement,  taught  and  supported  wholly  by  the  people  themselves,  in  all  the 
large  places  I  visited,  often  numbers  of  them,  and  they  are  also  making  their  appearance 
through  the  interior  of  the  entire  ,country.  The  superintendent  of  South  Carolina  assured 
me  that  there  was  not  a  place  of  any  size  in  the  whole  of  that  State  but  where  there  was  an 
attempt  at  such  a  school.  I  have  much  testimony  from  those  well  informed,  both'  oral  and 
written,  that  the  same  is  true  of  other  States.  There  can  scarcely  be  a  doubt,  and  I  ven 
ture  the  estimate  that  at  least  500  schools  of  this  description  are  already  in  operation  through 
out  the  south.  If,  therefore,  all  these  be  added,  and  including  soldiers  and  individuals  at 
study,  we  shall  have  at  least  one  hundred  and  twenty-Jive  thousand  as  the  educational  censtts 
of  this  lately  emancipated  people.  This  is  a  wonderful  state  of  things.  We  have  just  emerged 
from  a  terrible  war;  peace  is  not  yet  declared ;  there  is  scarcely  the  beginning  of  reorganized 
gociety  at  the  south,  and  yet  here  is  a  people,  long  imbruted  by  slavery  and  the  most  despised 
of  any  on  earth,  whose  chains  are  no  sooner  broken  than  they  spring  to  their  feet  and  start 
up  an  exceeding  great  army,  clothing  themselves  with  intelligence.  What  other  people  on 
earth  have  even  shown,  while  in  their  ignorance,  such  a  passion  for  education  ? 

It  is  also  seen  that  the  children  of  the  poor  whites  of  the  south  are  very  ready  to  receive 
instruction,  and  that  already  considerable  has  been  done  for  them. 

The  conclusions  forced  upon  us  from  the  above  facts  are — 

1.  The  experiment  of  educating  the  freedmen  proves  to  be  successful,  and  that  the  igno 
rant  whites  may  be  greatly  benefited.  It  only  remains  to  carry  on  with  confidence  the 
work  so  well  begun. 

That  colored  children  can,  at  once,  compete  with  white  children,  who  from  the  first  have 
had  high  advantages,  need  not  be  said.  It  is  enough  that  with  early  bad  habits,  bad  ex 
ample,  and  wholly  unpracticed  in  study,  they  seize  upon  books  gladly  and  learn  rapidly. 
As  well  endowed  naturally  or  not,  Ave  certainly  see  in  the  jnajority  the  same  brightness,  the 
game  quick  ambition,  as  with  children  of  the  more  favored  color,  and  stimulated  as  they  are 
by  the  novelty  of  study,  there  is  at  present  an  actual  progress  scarcely  to  be  paralleled  any 
where.  In  advanced  studies  or  at  a  more  mature  age,  pupils  give  no  signs  of  having 
reached  the  limit  to  their  capacity.  I  have  discovered  hesitation  in  their  plans  for  using  ed 
ucation.  Their  ardor  is  dampened  by  the  well-known  aversion  to  their  hereafter  occupying 
high  position ;  but  always  when  assured  that  as  character  and  intelligence  increase,  ways 
and  means  of  usefulness  will  be  opened,  they  are  ready  to  push  on  to  new  and  harder  tasks. 

When  I  have  told  the  higher  classes  in  the  schools  that  they  will  be  wanted  as  teachers, 
at  least  of  their  own  color,  anew  stimulus  is  seen  at  once  to  come  over  them,  and  their  in 
structors  have  always  assured  me  that  such  promises  had  inspired  intense  ambition. 

It  is  probable  that  the  tastes  and  temperament  of  the  race,  whi(Ji  are  peculiar,  certainly, 
will  lead  in  special  directions.  They  may  not  excel  in  the  inventive  power,  or  abstract 
science;  perhaps  not  in  mathematics,  though  we  have  seen  commendable  ciphering  in  col 
ored  schools ;  but  they  certainly  are  emotional,  imitative  and  affectionate ;  are  graphic  and 
figurative  in  language  ;  have  conceptions  of  beauty  and  of  song,  and  already  become  skilled 
mechanics  and  even  artists.  If  so,  then,  why  are  not  this  people  destined  to  honor  labor, 
gladden  social  life,  and  when  sufficiently  cultivated,  to  enlarge  art,  invest  ideas  in  harmony 
and  beauty,  give  hearty  good  cheer  to  religious  faith,  and  thus  add  important  elements  to 
the  more  periect  civilization  of  the  coming  time  ? 

As  to  improvement  at  an  advanced  age,  we  find  individuals  vigorously  attempting  it,  and 
many  are  succeeding.  Colored  troops  have  shown  aptness  to  discipline,  courage  never  more 
to  be  questioned,  and  under  exceeding  disadvantage  a  large  proportion  of  them  have  be 
come  comparatively  educated.  A  paymaster  in  Louisiana  made  the  public  statement  that 
"  a  far  greater  proportion  of  the  colored  troop*,  which  he  paid  off  at  the  close  of  the  war, 
signed  their  names  than  of  the  white  troops  raised  in  the  south." 

The  interest  which  the  soldiers  of  the  colored  regiments  have  taken  in  learning  to  read  is 
well  illustrated  by  the  following  statement  made  by  an  army  surgeon  in  New  Orleans : 

About  a  year  ago  he  was  stationed  at  Fort  Livingston  with  colored  troops,  and  soon  after 
his  arrival,  finding  that  his  time  was  very  little  employed  proportionally,  he  began  to  look 
around  to  see  what  he  could  do.  Finally,  the  thought  occurred  that  he  might  be  useful  in 
teaching  the  soldiers  to  read.  He  proposed  the  subject  to  the  officers  and  they  laughed  and 


VIRGINIA — NORTH    CAROLINA— SOUTH   CAROLINA.  257 

sneered  at  it.  Concluding  that  their  advice  was  not  needed,  he  called  the  soldiers  and  talked 
•with  them,  one  aftej  another,  and  finding  that  they  largely  accepted  the  proposition,  he  made 
tke  following  arrangement:  He  agreed  to  pick  out  a  class  of  ten  of  the  brightest  and  smartest 
soldiers  in  the  fort  and  spend  two  hours  a  day  in  teaching  them  how  to  read,  provided  each 
of  this  ten  would  take  a  class  of  four  and  spend  the  same  amount  of  time  with  them.  Books 
were  soon  procured  and  a  little  school  started  on  this  method.  The  soldiers  kept  their  agree 
ment.  While  being  taught  by  him  they  taught  one  another,  and  in  a  few  days  many  of  them 
could  begin  to  read.  When  the  experiment  proved  an  undoubted  success  the  soldiers 
procured  a  competent  teacher  from  the  board  of  education  and  had  a  regular  school  established 
under  its  auspices.  A  short  time  since  the  commanding  officer  of  the  fort  told  the  doctor 
that  the  soldiers,  who  were  his  A  B  C  pupils  one  year  ago,  now  took  over  forty  copies  of 
Harper's  and  Frank  Leslie's  weeklies,  besides  other  papers. 

2.  The  good  influence  of  the  schools  upon  all  the  habits  of  the  freedmen  is  apparent.     As 
the  children  repeat  their  lessons  at  home  parents  become  thoughtful,  acquire  many  now  ideas, 
and  are  led  to  prize  their  families  who  are  thus  increasing  in  knowledge.     They  make  new 
exertions  for  self-support,  especially  for  these  schools,  insuring  both  industry  and  economy. 
At  Little  Rock,  Arkansas,  after  paying  tuition  some  months,  the  colored  people  formed   a 
school  society  for  the  city  and  made  their  schools  free  for  the  rest  of  the  year,  (the  first  free 
school  in  Arkansas,)  paying  in  full  the  compensation  of  all  the  teachers.     Besides  elementary 
instruction,  our  schools  teach  morality  and  Christianity,  and  thus,  through  the  children,  are 
waking  up  a  general  conscience  and  guiding  the  entire  population  in  the  ways  of  virtue. 
That  class  of  older  colored  persons,  having  now  a  little  learning,  are  stimulated  to  increase  it  by 
study.     A  group  of  elderly  preachers  in  Savannah  said  to  me  with  much  emphasis,  ' '  We  must 
now  go  to  studying  ourselves  or  these  young  people  will  all  be  ahead  of  us."     They  begged'rne 
earnestly  to  adopt  a  plan  by  which  they  might  be  brought  into  a  class  for  mutual  improvement. 

3.  The  white  population  of  the  south  feel  the  power  of  these  schools.     The  major  part  are 
indignant  indeed  that  negroes  should  have  learning.     All  sorts  of  evil  is  predicted  us  the 
consequence;  but  a  portion  of  this  enmiry  is  provoked  by  the  rivalry  'which,  their  own  chil 
dren  must  now  struggle  with.     The  poor  whites  are  excited  by  hearing  negroes  read  while 
they  are  ignorant,  and  it  is  my  belief1  that  tliuy  will  now  receive  schools,  if  furnished  them, 
as  never  before.     The  educated  classes  are  not  slow  to  perceive  that  their  schools  must  be 
reopened  or  fall  behind  humiliated,  and  that  new  schools  must  now  be  organized  on  a  more 
popular  plan  than  heretofore.     Poverty,  and  perhaps  pride,  with  the  want  of  teachers,  as  tho 
public  feeling  now  is,  are  the  present  difficulties  in  carrying  out  these  convictions.     Some  ot 
tho  religious  denominations  in  the  south,  seeing  there  will  be  schools  for  the  freedmen,  a»o 
paying,  "  We  may  as  well  undertake  the  work  otirselves,"  and  have  already  passed  resolu 
tions  adopting  the  education  of  the  negroes  as  one  of  their  missionary  operations. 

4.  .A  class  of  schools  if^called  for  in  which  colored  teachers  can  be  taught.     If  dignified  i>y 
the  name,  of  normal  schools,  they  should  be  for  training  in  the  simplest  elements  of  the  ait. 
The  system  of  education  for  the  freedmen,  as  a  whole,  must  be  at  first  very  rudi mental,  in 
which  the  text  will  be  found  mainly  in  the  spelling-book,  and  which  can  become,  as  soon 
as  possible,  universal.     This  people  are  not  like  pagans  in  ancient  countries,  who  a  thousand 
years  hence  will  be  mainly  as  they  are  to-day.     Slaves,  even  in  a  country  like  this,  could 
not  be  kept  from,  many  noble  impulses.     The  war  has  been  to  them  a  wonderful  school  of 
knowledge  and  thought  and  of  purposes,  and  now  suddenly  emancipated,  these  4,000,000  are 
"  as  a  nation  born  in  a  day."     This  great  multitude  rise  up  simultaneously  and  ask  -for  an 
education.     With  it,  they  will  at  once  start  upward  in  all  character;  without  it,  they  will  as 
quickly  sink  into  the  depravities  of  ignorance  and  vice.     Free  to  be  what  they  please,  and  in 
the  presence  of  only  bad  example,  they  will  be  carried  away  with  every  species  of  evil ;  and 
then,  what  is  the  actual  and  astounding  fact  ?     One  that  startles  philanthropy  itself.     A 
million  at  least  of  these  four  millions,  and  mainly  the  rising  generation,  are  to-day  ready  to 
engage  in  the  study  of  books ;  they  cannot  well  be  put  off.     Considerations,  political,  .social, 
financial,  and  moral,  all  ask  that  their  demand  be  promptly  met.     If  this  million  be  divided 
into  schools  of  fifty  each  we  need  for  its  supply  twenty  thousand  teachers.     Where  are  they 
to  come  from  ?     The  north  can  supply  a  few  thousands.     Perhaps  the  more  noble  here  and 
there  in  the  south  will  help  us ;   but  still  at  least  fifteen  thousand  remain  to  be  supplied  from 
some  other  quarter.     The  great  impulse  to  teach,  among  these  freed  people  themselves,  with 
readiness  to  pay  expenses,  gives  to  us  the  solution  of  this  problem.     It  they  can  be,  by  some 
short  method  at  first,  helped  on  in  study  and  perfected  in  what  they  already  know ;  taught  how 
to  teach  the  same,  how  also  to  organize,  classify,  and  govern  a  school,  many  thus  prepared 
could  be  sent  out  in  a  very  few  months  to  commence  the  work.     Successive  classes  prepared 
more  thoroughly  would  follow,  and,  with  the  certificate  of  their  instructors,  no  difficulty 
would  be  found  in  obtaining  employment.     I  have  never  known  among  the  freedmen  the 
offer  of  a  teacher  which  was  not  accepted. 

The  benefits  of  this  plan  would  be — 

1.  Such  native  teachers  would  go  everywhere  with  very  little  opposition.     The  interior  of 
States  could  be  penetrated  where  now  no  white  teacher  can  go. 

2.  The  freed  men  would  mainly  support  these  schools  themselves.     If  school-houses  were 
famished  they  would  need  no  other  charity. 

3.  The  efevatirig  effort  of  this  plan  would  be  universal.     The  better  class  of  youth  among 

17  v  NC  sc 


258  RECONSTRUCTION. 

the  freeclmen  would  at  once  see  an  honorable  employment  open  to  them.  The  present  schools 
would  be  stimulated  with  the  same  idea,  and.  those  of  a  higher  grade  could  imitate  this  plan 
arid  have  a  normal  class  into  which  their  better  pupils  could  go. 

4.  It  could  be  shown  in  this  way  what  the  i'reedme'u  are,  as  by  their  own  efforts.  This 
opportunity  they  deserve.  A  development  system,  bringing  out  what  they  can  do  themselves, 
is  far  better  than  a  perpetual  pauperizing,  which  only  shows  what  others  can  do  tor  them. 
If  they  are  to  be  men  let  them  be  self-educated.  Calumny  from  their  worst  enemies  will 
grow  silent  when  this  is  successfully  commenced. 

If  such  a  system  could  be  instituted  at  all  the  central  points  of  the  south,  we  could,  ere 
long,  approximate  the  great  teaching  demand  now  felt.  This  does  not  imply  that  the  better 
schools  of  northern  associations  could  not  all  go  on  and  be  greatly  increased,  The  large 
cities  and  towns  where  they  now  are  need  them.  They  could  rise  still  higher  in  grade,  pre 
paring  pupils  for  all  the  spheres  of  life,  and  help  immensery  in  the  plan  I  am  now  advocating. 

On  this  plan  I  feej  sure  that  in  a  few  years  the  whole  education  of  the  freedmen  could  be 
made  self-supporting,  and  by  that  time  the  white  population  would  perhaps  be  willing  to 
incorporate  them  into  some  great  common  school  system  for  the  State.  What  should  prevent 
this  when  these  freedmen  become  intelligent  and  it  was  seen  that  they  were  no  longer  to  be  a 
public  burden  ? 

Labor  also  would  feel  the  impulse.  Its  effects  would  «be  felt  by  the  employer.  Negroes 
now  crowd  into  large  towns,  where  their  children  can  have  learning.  If  they  are  to  be  re 
tained  as  laborers,  or  brought  back,  similar  opportunities  must  be  furnished  on  the  planta 
tions.  Hence  already  many  instances  could  be  given  where  a  school  in  the  interior  has  beeu 
started  only  from  this  motive.  This  is  now  being  stipulated  in  the  contracts.  Liberal-minded 
and  northern  men  who  are  preparing  for  crops  are  earnestly  asking  that  schools  be  established, 
knowing  that  they  concentrate  and  keep  the  people  content,  and  greatly  stimulate  industry, 
nnd  especially  that  labor  is  valuable  just  as  it  becomes  intelligent.  The  head  of  one  of  the 
hivgest  of  the  timber  and  turpentine  enterprises  in  South  Carolina  (a  German)  told  me  that 
Le  formerly  had  hired  only  men  ;  but  he  had  now  learned  that  he  must  have  their  families,  too, 
and  that  this  could  only  be  done  by  allowing  them  patches  of  land,  treating  them  properly, 
Baying  them  well,  and  giving  them  schools.  The  commissioners  and  superintendents  of 
.schools  in  several  of  the  States  have  been  consulted  on  this  subject,  and  they  will  give  it 
their  unqualified  approval.  Attempts  are  already  making  at  several  points  to  inaugurate 
something  of  the  kind,  either  by  these  officers  of  the  bureau  or  by  northern  benevolence; 
but  a  systematic  plan  is  called  for,  and  would  very  easily  be  carried  into  effect. 

In  Tennessee  nearly  one  hundred  colored  teachers  are  at  different  places  in  a  course  ot 
training.  The  superintendent  says :  "  This  should  be  the  great  object  aimed  at  in  the  educa 
tion  of  this  people.  Ten  good  training  schools  for  colored  teachers,"  he  adds,  "should  be 
established  in  every  one  of  the  southern  States,  and  in  a  few  years  the  great  demand  for 
teachers  could  be  met."  His  circular  letter  to  the  teachers  of  the  State  I  beg  leave  here  to 
insert : 

"  1.  Select  all  the  most  advanced  and  intelligent  of  your  pupils,  say in  number. 

"2.  From  this  class  you  will  select  all  those  of  sufficient  age,  advancement,  good  moral 
character,  and  requisite  natural  qualifications  for  teachers. 

"3.  These  you  will  organize  into  »  separate  class,  for  the  purpose  of  special  drill  in  their 
studies,  with  a  view  of  fitting  them  speedily  as  possible  for  teaching. 

''4.  You  will  report  to  this  office  the  names,  age,  advancement  of  each  member,  time  of 
organization,  character,  and  amount  of  instruction  given  this  class,  as  soon  as  the  organiza 
tion  is  completed. 

"  The  foregoing  plan  is  sent  you  with  a  request  that  you  will,  at  as  early  a  day  as  practi 
cable,  organize  such  a  class  in  your  schools,  with  a  view  to  supplying  the  great  demand  for 
trained  colored  teachers  as  soon  as  possible." 

5.  The,  people  of  the  country  are  strongly  seconding  the  educating  efforts  of  this  bureau. 
Northern  associations  were  in  the  field  almost  as  soon  as  our  conquering  armies  gave  them  a 
foothold.     They  have  increased  in  numbers  and  in  arduous,  well-directed  efforts.     Their 
several  corps  of  teachers  deserve  all  praise  for  self-sacrifice  and  fidelity.     Your  appointment 
of  State  superintendents  of  schools  has  given  organic  unity  to  these  efforts,  and  greatly  en 
hanced  their  efficiency  ;  popular  donations  are  rapidly  increasing,  and  you  may  rely  upon  the 
continuance  of  sympathy  and  the  increase  of  this  important  aid.     The  text-books  used  by 
the  associations  should  be  more  uniform,  and  more  promptness  is  desirable  in  the  making  of 
monthly  reports.    Time  will  perfect  these  details. 

6.  In  conclusion,  permit  me  distinctly  to  call  attention  to  the  fact  that  this  ichole  educa 
tional  movement  among  the  freedmen  must  for  the  present  be  protected  by  the  general  govern 
ment.     I  need  not  repeat  what  appears  all  through  this  report.     Military  force  alone  can 
save  many  of  our  schools  from  being  broken  up,  or  enable  us  to  organize  new  schools.     Such 
is   the  turbulent   spirit  of  the   south,    that   where  as   yet  there   have   been   no   atrocities 
attempted  against  the  schools,  protecting  power  is  called  for  to  give  that  sense  of  quiet  and 
consciousness  of  security  which  the  calm  dudes  of  both  teacher  and  pupil  require. 


VIRGINIA — NORTH   CAROLINA — SOUTH    CAROLINA.  259 


FINANCES   OF   FREEDMEN. 

Poor  and  dependent  as  most  of  the  freedmen  are,  I  found  that  a  considerable  number  had 
money.  Among  the  former  free  people  many  had  reached  a  condition  above  want,  and  in 
the  large  towns  and  cities  there  are  individuals  who  might  be  called  rich.  These  men,  in 
some  cases,  purchased  themselves  from  slavery,  and  are  mechanics,  keepers  of  groceries 
and  wood-yards,  butchers,  market  men  and  women,  owning  their  own  dwellings  in  the 
town  or  its  suburbs,  and  some  with  small  plantations.  In  Louisiana  there  are  colored 
Creoles  who  are  merchants,  bankers,  and  lai'ge  planters,  each  handling  hundreds  of  thou 
sands  of  dollars.  On  the  bayous  back  of  Baton  Rouge  there  are  a  number  of  the  colored 
planters  each  said  to  be  worth  near  half  a  million.  These  men  are  enterprising,  are  destined 
to  increase  in  numbers  and  in  wealth,  and  they  seem  to  aet  unitedly  and  strongly  for  the 
education  and  advancement  of  the  whole  colored  race. 

Even  the  lower  class  of  free  blacks  and  the  slaves  had  laid  aside  small  sums  of  money, 
usually  in  coin,  and  this  is  now  found  in  some  secret  box  or  old  stocking,  blackened  with 
rust,  no  longer  kept  hid  from  fear,  but  cheerfully  used  for  what  they  need  in  freedom.  A 
considerable  number  had  been  persuaded  to  place  these  funds  in  the  former  savings  banks  of 
the  south.  Many  thousands  of  dollars  of  such  money  went  to  Richmond  to  sustain  the  con 
federacy,  to  be  lost  forever  to  this  abused  people.  One  colored  church  in  Savannah  had 
two  thousand  dollars  thus  deposited. 

But  there  are  multitudes  who  as  yet  know  nothing  of  thrift.  Slavery  prevented  all  fore 
casting  of  thought,  and  in  general  every  possibility  of  improvement.  Now,  however,  a 
change  has  come.  There  are,  indeed,  those  who  are  too  debauched  and  brutalized,  perhaps, 
ever  to  be  recovered.  Their  minds  are  childish  and  dark.  But  pay  for  labor  puts  even  these 
to  thinking  of  the  value  of  things.  The  wants  and  opportunities  of  freedom  show  the  worth 
of  money  and  what  can  be  done  with  it.  Time,  however,  will  be  needed  for  the  whole 
effect.  Much  patient  instruction  is  called  for.  But  in  every  direction  industry  is  seen  to 
start  under  the  impulse  *f  prompt  reward,  and  if  kind  treatment  accompanies  it,  there  will 
goon  be  on  this  whole  subject  little  to  complain  of. 

Already  homesteads  are  being  purchased,  and  many  more  would  be,  if  there  was  oppor 
tunity.  The  freedmen  have  a  passion  for  land.  Where  titles  can  be  obtained  they  are 
always  purchasers.  The  tax  commissioners  of  South  Carolina  told  me  they  had  given  over 
six  hundred  "certificates  of  title"  to  real  estate  to  colored  men. 

I  know  one  man  on  St.  Helena  island,  a  slave  formerly  on  an  adjoining  plantation,  who 
now  owns  a  farm  of  three  hundred  and  fifteen  acres,  works  twenty  laborers,  has  twelve  cows, 
a 'yoke  of  oxen,  four  horses,  twenty  swine,  and  he  showed  me,  with  very  pardonable  pride, 
his  Jiffy- eight  acres  of  the  best  sea-island  cotton  I  saw  anywhere,  fifty-two  acres  of  corn, 
besides  a  number  of  acres  of  provision  crops.  He  had  been  helped  some  by  the  Union 
officer  to  whom  he  had  for  a  year  or  more  in  the  war  been  a  servant ;  but  he  expected  soon 
to  be  wholly  out  of  debt.  This  man  could  neither  read  nor  write,  and  his  children  aided  him 
in  his  accounts.  There  are  a  number  of  men  on  Edisto  and .  the  other  sea-islands  who  are 
only  waiting  the  action  of  government  in  permitting  them  to  have  lands  to  engage  in  similar 
operations. 

Such  examples  as  the  above  encourage  the  negroes  around,  however  poor,  to  form  provi 
dent  habits,  and  to  imitate  the  same  thrift.  It  is  the  universal  impression  that  freedom  is  to 
be  coupled  with  prosperity,  and  it  is  not  difficult  to  induce  them  to  save  their  surplus  earn 
ings  tor  accumulation  and  future  use. 

1  found  that  the  large  crowds  of  negroes  whom  I  often  addressed  sprang  forward  to  ideas 
of  industry  and  economy,  that  they  might  save  for  old  age,  for  sickness,  for  purchasing 
homesteads,  or  other  prosperity  in  the  future. 

Their  notion  of  having  land  giren  to  them  by  government  is  passing  away,  and  we  hear 
them  saying,  "  We  will  work  and  save  and  buy  for  ourselves."  When  they  know  this  is 
what  their  prosperous  friends  (the  Yankees)  have  always  done  they  seem  eager  to  follow  the 
example. 

Much  fraud  has  been  practiced  in  bargains  and  contracts  hitherto  made  with  their  old 
masters.  Some  of  the  contracts,  as  drawn  by  the  planters  themselves,  were  purposely  con 
structed  to  be  misunderstood.  I  saw  one  in  %hich  it  was  stipulated  one-third  of  seven- 
twelfths  of  all  corn,  potatoes,  fodder,  &c.,  shall  go  to  the  laborers,  &c.  ;  another  that  "the 
party  violating  the  contract  shall  forfeit  his  right  to  all  services  and  wages."  It  will  be  seen 
at  once  how  blind  in  the  first  case  and  unjust  in  the  second  these  terms  were  to  the  poor 
aegro. 

*  In  many  places,  last  autumn,  laborers  were  turned  off  without  pay,  or  any  portion  or  the 
crops ;  and  in.  other  cases  four  or  five  dollars  only  a  month  were  given,  or  even  only  food 
and  clothing.  The  plan  of  these  oppressors  was  evidently  to  keep  the  negroes  in  a  perpetual 
condition  ot  poverty  and  dependence.  There  were  exceptions,  of  course,  and  I  am  happy  to 
report  great  improvement  ot  late  in  the  wages  given.  The  present  year  opens  witli  the  pros 
pect  that  labor  will  be  everywhere  in  demand  and  at  fair  prices.  This  is  owing,  in  part,  to 
the  high  value  of  the  great  staples  of  the  south,  and  the  desire  of  a  large  crop,  but  much 
more  to  the  efforts  of  your  bureau  officers,  who  Lave  everywhere  insisted  on  just  co'npen 
sation. 


260  RECONSTRUCTION. 

The  lien  on  crops  for  wages,  or  work  on  shares,  to  be  had,  of  course,  only  at  the  end  o, 
the  year,  may  be  necessitated  by  the  present  poverty  of  the  planters  ;  but,  in  our  opinion,  i 
would  be  much  better  for  the  freedman  if  he  could  be  paid  often  and  in  money.  His  imme* 
diate  wants  could  then  bo  met  ;  he  would  work  far  more  contentedly  ;  and  he  would  the 
sooner  learn  how  to  manage  properly  his  own  finances. 

Colored  troops  have  been  defrauded  of  very  large  sums  of  money.  I  have  spent  much 
time  and  labor  in  ascertaining  this.  Almost  universally  the  regiments  complain  —  often  un 
reasonably,  without  doubt,  and  from  ignorance  ;  though  it  would  seem  that  they  have  rea 
son,  in  some  respects,  to  complain  that,  by  the  government  itself,  they  have  not  been  treated 
precisely  as  if  they  had  been  white  men.  These  frauds  are  charged  by  the  soldiers  mainly 
to  the  bounty  agents  of  the  several  States,  or  to  enlisting  and  disbursing  officers,  and  some 
times  to  their  own  regimental  officers. 

Moneys  were  undoubtedly  sent  by  States  to  procure  enlisted  men,  which  only  in  part 
reached  these  men.  They  were  made  merchandise  of,  while  the  agent  enriched  himself  by 
the  balance  retained.  This  class  of  frauds  can  probably  never  be  effectively  detected.  The 
colored  soldier  was,  in  many  cases,  ignorant  of  money,  and  the  bounty  agent  will  make  no 
confession. 

Enlisting  and  disbursing  officers  had  many  opportunities  of  pocketing  funds,  by  keeping 
them  back  from  the  soldier  unduly,  or  taking  them  from  him  as  in  trust  ;  the  enlisted  man 
being,  as>  was  alleged,  in  no  condition  to  keep  the  same.  Such  funds,  of  course,  were  put 
upon  a  very  precarious  tenure,  the  trustee  himself  being  only  a  military  officer.  Theie  are 
facts  which  lead  to  the  suspicion  that  some  of  these  officers  are  deeply  and  largely  implicated 
in  this  species  of  fraud. 

Officers  of  regiments  have  borrowed  money  largely  of  their  men.  This  is  a  very  common 
practice,  and  pay-day  for  them,  in  multitudes  of  cases,  has  never  come.  The  officer  may  be 
profligate  or  dishonest,  or  if  otherwise,  he  is  off  on  furlough  ;  it  may  be  mustered  out  of  ser 
vice  ;  and  it  is  easy  to  forget  borrowed  money,  especially  when  due  the  negro.  I  know  of 
many  cases  of  such  indebtedness. 

I  need  not  say  how  suttlers  often  defraud  ;  nor  tell  of  gamblers,  rum-sellers,  and  bad 
women,  who  hang  about  camps  and  pay  tables,  luring  the  unwary,  and  robbing  these  igno 
rant  and  yet  brave  colored  men.  This  is  a  humiliating  statement,  and  there  should  be  some 
remedy.  Of  course,  if  the  troops  are  mustered  out  such  evils  must  cease,  and  others  are 
being  corrected.  Those  officers  who  are  honest  and  able  are  recently  paying  back  borrowed 
funds  ;  others  are  promising  to  do  so  ;  but  there  are  large  sums  which  cannot  yet  be  touched 
by  the  proper  owners.  I  gathered,  by  your  direction,  papers  and  testimony  in  a  number  of 
notorious  instances,  and  have  given  copies  of  the  same  to  the  ,'maacial  officer  of  the  1> 
action  havingjbeen  taken  thereon  which  it  is  hoped  will  result  in  the  detection  of  the  guilty. 
Such  action,  however,  as  now  pending,  prevents  my  giving  names  or  going  into  any  .speciric 
detail. 

It  is  respectfully  suggested  that  a  standing  commission,  empowered  tc  call  for  persons  and 
papers,  and  with  transportation  to  all  parts  of  the  country,  should  be  appointed  by  the  War 
Department,  to  pursue  every  case  of  this  kind  of  fraud  to  a  final  issue. 

The  Savings  and  Trust  Company  for  Freedmen,  chartered  by  Congress  last  winter  and 
placed  under  your  advisement,  has  gone  into  successful  operation  in  nearly  all  the  States 
south,  and  promises  to  do  much  to  instruct  and  elevate  the  financial  notions  of  the  freedmen. 
The  trustees  and  friends  of  the  institution  believe  that  the  industry  of  these  4,  000,000  lur- 
.  nishes  a  solid  basis  for  its  operations.  Pauperism  can  be  brought  to  a  close;  the  freodmeu 
made  self-supporting  and  prosperous,  paying  for  their  educational  and  Christian  institutions, 
and  helping  to  bear  the  burdens  of  government,  by  inducing  habits  of  sarin<f  in  what  they 
earn.  That  which  savins-banks  have  done  for  the  workin  men.  of  tin;  north  it  i>  ie. 


savings-banks  have  done  for  the  working 
they  are  capable  of  doing  for  these  laborers. 

I  was  charged  by  you,  in  my  late  tour,  with  this  subject,  »ind  can  sr.y  that  everywhere, 
privately  and  publicly,  the  freedmen  welcomed  the  institution.  They  understand  our  ex 
planation  of  its  meaning,  and  the  more  intelligent  see  and  appr»-tri:>.te  fuily  its  benefits. 
Calls  wore  made  upon  me  at  all  the  large  towns  tor  branches  of  the  ^ank.  In  fifteen  >f  th«* 
more  central  places,  viz.,  Washington,  Richmond,  Norfolk,  NewL"'in,  .Vilmington,  Charles 
ton,  Beaufort,  Savannah,  Mobile,  New  Orleans,  Vicksburg,  Huntsville.  Nashville,  Memphis, 
and  Louisville,  such  branches  were  established.  Most  of  these  begin  to  make  returns. 

I  here  insert  the  report  of  the  actuary  at  the  principal  office  in  New  York  of  the  business 
condition  of  the  institutionrou  the  31st  day  of  January,  and  the  amount  done,  during  that 
month  : 

Amount  due  depositors  December  3J  ,  1865  ..............................  $201  ,  12<J  ."."» 

Amount  of  deposits  received  at  branches  during  January  — 
Vicksburg  .....................  ..........................       $5,  OK7  <<0 

Wilmington  ..............................................  902  44 

Norfolk  ...............  *.  ..................................  491  20 

Newbera  .................................................  c5  00 

Louisville  ................................................        4,895  15 

Huntsville  ...............................................  390  29 

Memphis  .................................................  t)20  GO 


VIRGINIA — NORTH    CAROLINA — SOUTH  CAROLINA.            261 

Nashville $4,259  96 

Washington 4,  369  05 

Savannah 1,  579  55 

Mobile 4 ,  809  00 

Charleston 424  15 

Richmond 170  15 

Beaufort 498  20 

£28,53107 


220,657  62 
Less  drafts  paid  depositors  during  the  month 54, 704  90 


Balance  due  depositors 174,  952  72 

Balance  on  hand  at  branches 17, 132  43 

Balance  on  hand  at  New  York 6,  577  83 

United  States  securities 181,600  00 

205, 310  26 


Surplus  (on  the  books) 30,357  54 

But  $15,000  to  $20,000  of  this  surplus  is  only  in  statements,  or  drafts  which  have  not 
been  received  at  the  principal  office  in  New  York,  and  contingent  expenses  not  paid.  Hence 
the  true  surpms,  as  near  as  we  can  estimate  it  at  the  present  stage  of  affairs,  (our  securities 
being  valued  at  par,)  is  about  $10,000. 

A  dividend  of  5  per  cent,  per  annum  has  been  declared  on  all  sums  which  have  been  on 
deposit  six  months  previous  to  January  1,  1866. 

The  trustees  are  encouraged  from  this  auspicious  beginning  of  their  work  to  go  forward 
with  high  hopes  of  large  benefit  to  these  millions  of  freedmen  "  and  their  descendants;"  and 
if  the  amendment  to  their  charter,  now  before  Congress,  shall  pass,  connecting  the  bank 
more  intimately  with  your  bureau,  they  will  entertain  no  doubt  of  its  perfect  success. 

All  of  which  is  respectfully  submitted. 

J.  W.  ALVORD, 
Inspector  of  Schools  and  Finances. 

Major  General  O.  O.  HOWARD, 

Commissioner  Bureau  Refugees^  Sfc. 


WASHINGTON,  March  28,  1866. 

Bedford  Brown  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  Caswell  county,  North  Carolina. 

Question.  Are  you  a  native  of  North  Carolina  ? 

Answer.  Yes,  sir. 

Question.  What  is  your  age  ? 

Answer.  I  am  in  my  seventy -first  year.     . 

Question.  What  public  positions  have  you  held  since  you  have  been  a  citizen  of  North 
Carolina  ? 

Answer.  I  was  a  member  of  the  legislature  of  our  State,  speaker  of  the  senate  at  one  time, 
then  a  member  of  the  Senate  of  the  United  States  for  eleven  or  twelve  years. 

Question.  Since  you  retired  from  the  Senate  have  you  held  public  office  in  North  Carolina  ? 

Answer.  Yes,  sir  ;  in  the  legislature  of  the  State. 

Question.  Have  you  held  any  judicial  position  ? 

Answer.  None,  sir. 

Question.  Have  you  resided  in  North  Carolina  during  the  late  rebellion? 

Answer.  Yes,  sir. 

Question.  How  extensive  is  your  acquaintance  with  the  state  of  public  feeling  among  the 
people  of  North  Carolina  in  reference  to  the  war,  its  causes,  and  its  results  ? 

Answer.  It  is  pretty  general.  I  was  a  member  of  the  State  senate  when  the  subject  was 
first  brought  under  consideration  in  1860. 

Question.  Have  you  taken  any  personal  part  in  the  war  against  the  United  States  ? 

Answer.  None,  voluntarily.  I  was  a  member  of  the  State  senate  for  some  years.  After 
the  war  commenced  I  declined  being  a  candidate;  I  desired  to  take  no  part  in  it;  but  mv 
constituents  insisted  on  my  going  back,  although  I  positively  declined.  I  was  a  member  of 
the  convention  of  1861  which  passed  the  ordinance  of  secession,  but  was  sent  there  contrary 
to  my  will.  I  was  a  candidate  in  my  county  in  the  election  ordered  after  South  Carolina  had 
seceded.  I  took  most  decided  ground  against  secession  and  carried  my  county.  I  carried 
my  county  by  a  vote  of  three  to  one  and  was  elected  a  member  of  the  convention,  but  the  peo- 


262  RECONSTRUCTION. 

pie  of  the  State  decided,  by  a  majority,  that  there  should  be  no  convention.  When  the  second 
convention  was  ordered  I  declined  being  a  candidate ;  I  wished  to  have  uo  part  in  it ;  but 
my  constituents  again  sent  me  against  my  will. 

Question.  You  have  then  been  all  along  a  non-secessionist  in  principle  ? 
Answer.  Always.     There  lias  not  been  an  hour  in  my  life  that  I  did  not  regard  it  as  the 
greatest  political  calamity  that  could  befall  the  people  of  any  country. 

Question.  How  do  the  masses  of  the  people  of  North  Carolina  now  feel  in  regard  to  the 
government  of  the  United  States — friendly,  unfriendly,  or  indifferent  ? 

Answer.  There  was  a  most  overwhelming  majority  of  the  people  of  North  Carolina  loyal  to 
the  United  States  government  before  secession  took  place.     I  would  say  that  from  two-thirds 
to  three-fourths  of  the  people  of  North  Carolina  were  utterly  opposed  to  secession. 
Question.  Can  you  give  the  result  of  the  first  vote  upon  that  subject  ? 
Answer.  I  think  there  were  sixty-odd  thousand  cast  for  Union  delegates  in  the  respective 
counties  for  the  first  convention,  and  perhaps  thirty  thousand  for  secession  delegates. 
Question.  Can  you  give  the  vote  on  the  second  occasion  ? 

Answer.  I  know  of  no  direct  popular  vote  on  the  subject  after  the  first ;  but  theelestion  of 
Governor  Vance  indicated  that  there  was  still  a  Union  majority  in  the  State  even  after  the 
war  commenced.     He  was  run  as  a  Union  candidate,  and  was  elected  by  a  decided  majority 
over  his^  secession  opponent. 
-   Question.  In  what  year  was  that  ? 

Answer.  I  think  in  1862  or  18C3  ;  probably' in  1862.  I  think  he  was  elected  by  between 
thirty  and  forty  thousand  majority.  It  is  due  to  truth  to  s&y  that  Governor  Vance  afterwards 
became  a  war  man,  but  he  was  voted  for  at  the  first  election  as  one  who  was  in  favor  of  pacifica 
tion  and  Union. 

Question.  Was  he,  when  first  voted  for,  understood  to  be  a  Union  man ;  tret  is,  a  man 
supporting  the  government  of  the  United  States  and  opposed  to  secession  and  rebellion  ? 

Answer.  He  was  originally  very  much  opposed  to  secession,  though  he  weut  into  the  army 
as  most  men  did,  under  the  peculiar  circumstances.  When  he  was  first  voted  for  as  governor 
it  was  supposed  his  proclivities  were  still  for  the  Union,  running  as  he  did  against  and  beat 
ing  a  secession  opponent  by  thirty-odd  thousand  majority. 

Question.  Can  you  state  any  reasons  why  Governor  Vance  afterward*  became  a  supporter 
of  the  rebellion  against  the  United  States  ? 

Answer.  If  I  did  it  would  be  mere  conjecture,  and  perhaps  it  would  not  be  proper  to  in 
dulge  in  that.  I  have  every  confidence  that  Governor  Vance  accepts  in  good  faith  the  situa 
tion  and  will  prove  a  loyal  citizen  to  the  government  of  the  United  States. 

Question.  I  ask  you  again  to  state  how  the  mass  of  the  people  of  North  Carolina  feel  to 
wards  the  government  of  the  United  States  ? 

Answer.  TBe  masses  of  the  people,  I  believe,  at  the  time  of  General  Lee's  surrender,  were 
more  gratified  than  otherwise  because  .they  saw  that  the  result  was  inevitable,  and  a 
great  many  of  them  were  for  peace  and  attached  sincerely  to  the  federal  Union,  and  believed 
there  was  no  safety  out  of  the  Union.  They  were  gratified  that  the  thing  had  been  settled. 
They  wanted  it  settled  in  some  way,  for  they  had  been  exceedingly  harassed  during  the  war, 
which  was  commenced  against  their  consent  in  .the  first  instance.  Of  late,  however,  it  is 
due  to  truth  to  state  that,  from  various  circumstances,  they  have  come  almost  to  despair.  Per 
haps  it  is  in  part  from  the  loss  of  their  slave  property,  though  I  think  they  were  prepared  to 
acquiesce  in  that.  I  think  it  is  chiefly  from  their  long  delay  in  being  admitted  to  an  equal 
participation  in  the  Union.  It  has  produced  a  feeling  of  discontent  even  among  Union  im  n. 
My  belief  is  that  if.  they  could  be  perfectly  sure  that  with  these  constitutional  amendments 
which  have  been  adopted,  accepting  the  condition  of  things  as  they  are  now,  within  a  rea>i>n- 
able  time  they  would  be  admitted  to  political  equality  and  to  equal  privileges  with  the  oilier 
States,  there  would  be  a  general  feeling  favorable  to  the  federal  Union.  The  great  mass  of 
them  are  exceedingly  anxious  to  have  their  relations  between  the  State  and  the  federal  gov 
ernment  restored. 

Question.  Is  there  not  a  large  proportion  of  these  people  who  dislike  and  contemn  the 
government  of,  the  United  States? 

Answer.  There  are  a  certain  number  of  reckless  unscrupulous  men  there,  as  everywhere 
in  the  country,  who,  I  believe,  would  be  willing  for  anything  almost.  For  instance,  son.e 
few  persons  would  perhaps  be  gratified  by  a  foreign  war,  but  the  great  mass  of  the  people  of 
North  Carolina,  even  including  the  secessionists,  although  they  have  been  utterly  opposed 
to  me,  and  I  opposed  to  them,  yet  I  think  a  majority  of  the  secessionists  are  exceedingly 
anxious  for  peace  and  quiet,  perfectly  willing  to  live  under  the  laws  of  the  United  States, 
provided  they  can  have  political  equality  with  the  other  States  accorded  to  them.  1  think 
an  overwhelming  majority  of  the  mass  of  the  people  of  the  State  of  North  Carolina  are  per 
fectly  willing  to  acquiesce  in  the  laws  of  the  United  States  on  these  conditions.  I  will  go 
further  and  say,  that  I  think  the  longer  it  is  procrastinated  the  worse  that  feeling  of  discon 
tent  will  become.  I  may  remark  that*  have  heard  many  persons  say  that  if  there  was  any 
attempt  at  an  outbreak  against  the  government  of  the  United  States,  they  would  not  do  as 
they  did  at  first — allow  them  to  get  complete  military  control — but  would  seize  the  opportunity 
to  vindicate  themselves  against  these  men  imuiedialtely. 


VIRGINIA — NORTH    CAROLINA — SOUTH    CAROLINA.  263 

Question.  In  case  of  a  foreign  war  with  any  powerful  European  nation,  such  as  Great 
Britain  or  France,  and  in  case  the  war  should  take  on  such  an  attitude  as  apparently  to 
present  a  fair  chance  for  success  in  another  attempt  at  secession  and  the  establishment  of 
southern  independence,  would  there  not  be  in  North  Carolina  a  pretty  large  number  of  ineii 
who  would  engage  in  such  a  movement  if  they  had  the  opportunity? 

Answer.  There  might  be  some  portion  of  the  people;  but  if  a  reasonable  expectation  was 
indulged  that  they  could  be  admitted  to  equal  political  rights,  I  believe  there  would  be  an 
overwhelming  majority  to  suppress  such  an  attempt.  There  is  no  question  about  it.  I  will 
further  express  the  opinion  that  the  better  way  to  remove  this  discontent  among  the  people, 
would  be  to  declare  these  States  members  of  the  federal  Union — for  Congress,  of  course,  to 
judge  of  the  members  presenting  themselves  separately.  If  a  disloyal  man  should  present 
himself,  claiming  a  seat  as  a  member,  he  should  be  excluded,  but  I  would  admit  such  as 
came  here  properly  qualified. 

Question.  Would  you  recommend  the  admission,  for  instance,  of  a  representative,  the  great 
majority  of  whose  constituents  were  actually  disloyalists  against  the  government? 

Answer.  I  would  if  Congress  should  be  convinced  that  he  was  loyal.  I  would  have  it  de 
pend  very  much  upon  the  member  himself. 

Question.  Should  it  not  depend  rather  upon  the  character  of  the  constituency  he  represents  ? 
Answer.  It  would  be  very  difficult  to  ascertain  the  loyalty  or  disloyalty  of  a  body  of  men 
in  that  way. 

Question.  Suppose  that  fact  was  ascertained  upon  proof,  would  you  recommend  the  admis 
sion  of  a  member  from  a  disloyal  district  ? 

Answer.  If  the  district  was  manifestly  disloyal  beyond  all  question,  it  would  be  a  justifi 
cation  perhaps  for  the  exclusion  of  its  mejnbers. 

Question.  Is  there  any  considerable  .portion  of  the  intelligent  citizens  of  North  Carolina 
who  entertain  the  idea  that  there  is  a  purpose  to  exclude  the  State  permanently  from  the 
Union  ? 

Answer.  The  people  there  have  become  somewhat  in  a  state  of  despair.  To  speak  with 
candor,  a  vast  number  of  them  despair  of  ever  enjoying  the  equality  in  the  federal  govern 
ment  they  once  did.  I  do  not  speak  in  reference  to  slavery,  because  every  sensible  man  re 
gards  that  as  irrevocably  gone,  and  a  vast  number  of  those  who  have  been  slaveholders  ex 
press  the  wish  that  it  may  never  be  restored  again. 

Question.  Would  the  great  mass,  of  people  in  North  Carolina  generally  consent  to  the  pay 
ment  of  the  federal  debt  if  they  could  prevent  it  by  their  votes  or  by  thejr  representatives  ? 

Answer.  I  am  inclined  to  think  they  would;  they  know  it  is  a  matter  of  obligation  upon 
the  part  of  the  United  States ;  that  the  United  States  is  pledged  to  it,  and  as  loyal  men  they 
would  consent  to  it,  though  tax-payers  all  over  the  Union  do  not  regard  it  as  a  pleasant  sub 
ject,  and  particularly  those  impoverished  like  the  people  of  the  south.     In  reference  to  the 
confederate  debt,  I  do  not  hesitate  to  express  the  opinion  that  a  very  decided  and  overwhelm 
ing  majority  of  the  people  of  North  Carolina  would  be  utterly  opposed  to  its  payment. 
Question.  You  speak  of  the  confederate  war  debt? 
Answer.  Yes. 

Question  Is  there  not  a  large  debt  contracted  for  the  prosecution  of  the  war,  by  the  State 
of  North  Carolina,  for  which  the  State  still  holds  itself  pledged  ? 

Answer.  No,  sir;  it  has  been  repudiated  by  the  State  convention  ;  I  was  a  member  of  that 
convention  myself,  and  voted  with  the  great  body  of  the  convention,  without  hesitation,  to 
repudiate  it. 

Question.  In  case  a  convention  should  be  called  which  should  repeal  that  clause  repudi 
ating  the  rebel  debt  in  North  Carolina,  would  not  the  people  generally  consent  to  the  payment 
of  that  debt? 

Answer.  I  think  not. 
Question.  Not  the  State  debt? 

Answer.  No,  sir ;  my  impression  is  that  a  majority  of  the  people  are  against  it,  from  the  fact 
that  the  great  mass  of  them  considered  themselves  coerced  into  making  common  cause  with 
the  confederate  government ;  the  war  was  forced  upon  the  people  of  North  Carolina  against 
their  wish,  and  they  do  not  hold  themselves  morally  responsible  for  the  debt  incurred.  I 
think  if  the  open  question  of  repudiating  that  debt  had  been  submitted  to  the  people  they 
would  have  decided  in  favor  of  repudiation. 

^  Question.  Is  not  a  large  amount  of  the  debt  incurred  by  North  Carolina  for  the  prosecu 
tion  of  the  war  held  by  the  citizens  of  that  State  ? 

Answer.  There  is.  The  distribution  of  the  debt  among  so  large  a  class  of  the  people,  no 
doubt,  made  many  advocates  for  prosecuting  the  war. 

Question.  Has  confederate  scrip,  so  called,  any  value  in  the  market  of  North  Carolina  ? 
Answer.  None  at  all.     It  is  not  regarded  as  worth  a  cent. 
Question.  Is  it  due  by  its  terms  ? 

Answer.  No,  sir.  The  terms  of  most  of  the  bonds  were  that  they  were  payable,  perhaps, 
six  months  after  independence  and  a  treaty  of  peace,  or  some  language  of  that  kind,  and, 
of  course,  they  never  can  become  due.  That  event  never  has  happened,  and  I  presume 
never  will. 

Question.  Have  you  any  reason  to  believe  there  are  any  persons  of  position  in  North 


264  RECONSTRUCTION. 

Carolina  who  still  have  it  in  contemplation  to  renew  the  war  or  resort  to  other  means  to  get 
out  of  the  Union  and  establish  a  southern  confederacy  ? 

Answer.  My  impression  is,  there  would  be  no  advocates  ot  resistance  now  or  of  renewing 
the  war  in  any  shape  or  form. 

Question.  You  know  of  no  combination  for  that  purpose,  open  or  secret  ? 

Answer.  None  at  all.  There  may  be  a  few  individuals  who  would  bo  willing  to  avail 
themselves  of  a  war  with  France  or  something  of  that  kind  ;  but  the  great  mass  of  the  peo 
ple,  in  the  event  of  such  a  war,  would  stand  by  the  United  States  ;  that  is  my  impression. 

Question.  Are  emigrants  from  the  northern  States  to  North  Carolina  received  and  treated 
with  kindness  ? 

Answer.  They  are  in  some  localities  ;  indeed,  in  many  localities,  a  strong  wish  is  ex 
pressed  that  they  should  come  among  us,  while  in  others  there  is  a  feeling  among  a  portion 
of  the  people  against  them.  I  think  the  general  impression  is,  that  that  is  the  best  means 
of  advancing  the  interests  of  our  State,  and  I  take  occasion  to  say  that  such  is  my  decided- 
opinion. 

Question.  But  is  there  not  existing  at  present  in  North  Carolina  among  the  masses — I 
speak  of  the  lower  class  of  course — a  feeling  of  dislike  and  hostility  towards  northern  men  ? 

Answer.  They  sometimes  speak  of  Yankees  harshly ;  but  I  am  inclined  to  think  that  if 
any  gentleman  came  there  to  invest  capital  in  lands,  manufactures,  or  anything  of  that  sort, 
he  would  be  kindly  received  if  he  came  there  bona  fide  for  that  purpose. 

Question.  Would  a  northern  man  stand  as  good  a  chance  for  justice  in  your  State  courts 
as  a  Carolinian,  in  a  question  of  private  right  ? 

Answer.  It  is  natural  to  suppose  that  in  these  excitements  there  may  possibly  be  some 
bias  in  favor  of  the  Carolinian  ;  but  I  think,  perhaps,  the  great  mass  of  the  people  would 
be  willing  and  desirous  to  do  justice  in  a  case  of  this  kind. 

Question.  How  do  the  mass  of  Carolinians  feel  in  respect  to  the  freedmen  ;  especially  in 
regard  to  their  education  ? 

Answer.  Well,  sir,  that  feeling  has  changed  a  good  deal.  Last  year  there  was  a  great 
deal  of  feeling  against  the  freedmen,  because,  in  truth,  they  behaved  rather  badly  after 
Lee's  surrender  Before  that  they  had  been  very  quiet  and  orderly ;  but  afterwards  they 
abandoned  work,  most  of  them,  and  became  wanderers,  and  dissatisfied.  They  would  not 
work  on  the  farms  even  for  pretty  fair  wages  ;  but  the  present  year  they  have  returned  to 
labor,  and,  as  far  as  I  have  any  knowledge,  certainly  in  my  part  of  the  State,  they  are  act 
ing  very  well.  There  is  a  good  feeling  between  the  blacks  and  whites,  and  I  believe  the 
general  sentiment  is,  certainly  among  the  farmers  and  planters,  that  it  is  not  on.y  proper  in 
itself,  as  a  matter  of  justice,  but  that  it  is  good  policy  to  treat  them  with  fairness  and  liber 
ality.  I  can  say,  so  far  as  those  employed  by  me  are  concerned,  that  is  my  course  of  treat 
ment  towards  them.  Very  few  of  those  I  owned  have  left  me,  and  some  I  should  have  been 
glad  to  have  had  gone  have  remained.  For  instance,  I  have  no  doubt  nearly  four  hundred 
loads  of  wood  have  been  used  from  my  farm  this  winter,  and  three-fourths  of  it  at  least 
have  been  used  by  black  people,  with  many  of  whom  I  have  had  nothing  to  do,  being  the 
families  of  laborers  living  on  my  farm.  They  used  the  wood  and  I  charged  them  nothing 
at  all  for  it. 

Question.  Is  there  not  generally  among  the  mass  of  white  people  there  a  disinclination  to 
see  schools  established  among  the  blanks,  and  would  they  not  be  likely  to  break  up  such 
schools  when  established,  rf  they  could? 

Answer.  I  do  not  think  they  would.  There  is  a  disinclination  for  promiscuous  schools  of 
whites  and  blacks  ;  but  I  do  not  think  they  would  object  to  schools  for  the  blacks.  Indeed, 
all  reflecting  persons  must  know  it  is  better  for  the  country  that  they  should  be  educated.  I 
do  not  think  there  is  any  prejudice  against  their  education.  There  are  some  schools  for 
blacks,  which  have  been  established  in  my  county,  and  I  have  never  heard  of  any  attempts 
to  break  them  up.  Negro  children  would  not  be  admitted  into  white  schools. 

Question.  What  is  the  opinion  of  the  Freedmen's  Bureau  in  your  State,  as  far  as  your 
ob.MTvatiou  extends  ? 

Answer.  So  far  as  I  have  any  knowledge  of  it,  I  think  the  gentlemen  who  have  conducted 
it,  as  a  general  rule,  have  been  liberal  and  just  both  towards  the  freedmeu  and  the  white 

people.  k 

Question.  Do  you  think  it  has  been  beneficial  upon  the  whole  ? 

Answer,  ft  was,  I  think,  for  last  year.     I  think  there  is  scarcely  a  necessity  for  it  now. 

Question.  I  do  not  speak  of  its  necessity.  What  I  want  to  inquire  into  is,  whether  upon 
the  whole  it  has  had  a  beneficial  effect  upon  the  blacks  and  whites  ? 

Answer.  There  was  a  state  of  .things  last  year  among  the  blacks  and  whites  requiring 
some  authority  of  that  kind,  resulting  from  the  immediate  termination  of  the  war;  but  it 
seems  to  me  that  state  of  things  has  now  passed.  I  think  the  freedmen  would  now  be  pro 
tected  in  their  rights  without  the  intervention  of  the  bureau.  If  I  mistake  not,  our  legisla 
ture  have  passed  laws  for  their  protection  by  the  civil  courts. 

(Question.  Would  a  black  man  stand  an  equal  chance  for  justice  in  a  State  court  of  North 
Carolina  with  a  white  man  now  before  a  jury  ? 

Answer.  If  he  was  a  man  of  good  character,  with  no  particular  prejudice  against  him,  I 
think  he  would.  For  instance,  there  are  some  negroes  who  are  notoriously  dishonest ;  their 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  265 

existence,  in  some  numbers,  may  bf»,  to  some  extent,  accounted  for  by  their  degraded  condi 
tion  as  slaves.  I  am  inclined  to  think  a  black  man,  with  a  fair  character,  would  receive 
justice  in  our  courts  ;  indeed,  I  am  sure  of- it,  and  for  this  reason:  it  is  regarded,  not  simply 
as  a  matter  of  justice,  but  as  a  matter  of  policy  among  the  white  people  that  they  should  be 
treated  with  fairness,  in  order  to  produce  the  amicable  relations  between  the  blacks  and  the 
whites  necessary  to  carry  on  the  labor  of  the  country. 

Question.  Are  black  men  permitted  to  testify  in  courts  of  justice  in  your  State  ? 

Answer.  I  think  our  legislature,  at  its  late  session,  authorized  it  to  some  extent. 

Question.  You  think  there  is  some  limitation  to  that  extent  ? 

Answer.  It  is  limited  to  some  extent.  I  have  not  seen  the  acts  of  the  legislature.  They 
adjourned  but  a  short  time  since  ;  and,  in  fact,  we  have  net  any  mail  facilities  scarcely  in 
our  part  of  the  country. 

Question.  Is  the  low  white  man  esteemed  as  possessing  more  veracity  than  the  black  man 
of  the  same  grade  and  condition,  in  North  Carolina  ? 

Answer.  As  a  general  rule,  they  are  considered  as  having  a  higher  claim  to  credibility. 

Question.  What  has  been  your  experience  with  the  two  classes  in  regard  to  veracity  and 
truth-teliing  ? 

Answer.  My  impression  is,  that  perhaps  the  white  class  would  be  entitled  to  a  higher 
grade  of  character  in  that  respect,  because  the  servitude  of  the  negro  and  everything  has 
tended  to  degrade  his  moral  sense.  They  have  not  the  same  pride  of  character.  The  poor 
inari  has  frequently  a  great  deal  of  pride  of  character  and  desire  for  the  good  opinion  of  his 
compeers.  Those  recently  slaves  have  not  risen  exactly  to  that.  It  will  take  some  time  to 
go ^hrough  that  process. 

Question.  As  to  the  capacity  of  the  negro  to  acquire  knowledge  and  become  educated ;  is 
he,  in  your  judgment,  much  or  at  all  inferior  to  the  white  man  in  that  respect  ? 

Answer.  There  is  a  difference  in  that  respect ;  the  negro  in  childhood,  up  to  twelve  years  of 
age,  is  very  nearly  or  quite  as  capable  as  the  white  child,  but  after  that  the  superiority  is 
considered  decidedly  with  the  white.  The  mind  of  the  white  man  seems  to  grow  and  devel 
op  itself,  while  that  of  the  negro  from  that  time  does  not  seem  to  be  capable  of  so  extensive 
development. 

Question.  What  would  the  white  people  of  North  Carolina  say  to  a  proposition  to  allow v 
the  negroes  or  a  part  of  them  tile  right  of  suffrage  ?    That  would  not  be  a  novelty  in  the  his 
tory  of  North  Carolina,  would  it  ? 

Answer.  There  is  a  sentiment  somewhat  against  that,  although  I  think  there  are  a  good 
many  persons  who  would  have  no  objections  to  seeing  qualified  negro  suffrage,  but  univer 
sal  suffrage  would  be  regarded  as  very  objectionable  and  inadmissible. 

Question.  Does  universal  suffrage  exist  among  the  \vhites  of  North  Carolina  ? 

Answer.  Yes,  sir ;  among  those  who  have  obtained  the  age  of  twenty-one  and  who  have 
been  residents  of  the  State  a  certain  length  of  time. 

Question.  Do  you  suppose  it  would  be  practicable  in  North  Carolina  to  restrict  that  uni 
versal  suffrage  among  the  whites  ? 

Answer.  No,  sir  ;  there  is  a  general  sentiment  in  favor  of  it. 

Question.  You  cannot  imagine  any  machinery  by  which  restricted  suffrage  among  the 
whites  could  be  established  1 

Answer.  No,  sir  ;  I  think  it  is  a  right  they  would  never  surrender  if  they  could  avoid  it. 
Free  negroes  at  one  time  voted  in  North  Carolina,  but  they  were  very  limited  in  number. 

Question.  What,  qualifications  for  the  negro  voter  were  then  required  in  North  Carolina  ? 

Answer.  Precisely  the  same  as  for  white  men  at  that  time.  For  the  house  of  commons,  as 
we  call  it,  retaining  the  old  British  parliamentary  name,  they  were  required  to  have  been 
residents  of  the  State  a  certain  time  and  to  have  paid  a  per  capita  tax.  For  the  senate,  the 
voter  must  be  a  landholder;  they  have  changed  that  now;  the  white  man  can  vote  for  the 
senator  without  being  a  lamlholder,  and  the  negro  cannot  vote  at  all.  The  unfortunate  agi 
tation  between  the  north  and  south  gave  rise  to  that  change,  no  doubt.  I  must  say  the  free 
negroes  of  that  day,  though,  voted  generally  for  what  they  called  " gentlemen;"  they  did  not 
vote  for  any  man  they  did  not  regard  as  a  gentleman. 

Question.  Would  they  now  ? 

Answer.  I  am  inclined  to  think  they  would  vote  the  same  way ;  still  there  are  such  masses 
of  them  that  it  would  be  regarded  as  a  rather  dangerous  experiment. 


WASHINGTON,  April  4,  1866. 

Brevet  Lieutenant  Colonel  W.  H.  H.  Beadle  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ?  . 

Answer.  My  residence  has  been  so  broken  up  by  the  war  that  it  is  difficult  to  say  where 
it  is. 

Question.  Where  is  you  home  ? 

Answer.  My  home  is  Ann  Arbor,  Michigan. 


266  RECONSTRUCTION. 

Question.  Did  you  serve  in  the  recent  war  ? 
Answer.   Yes,  sir. 
Question.  How  long? 

Answer.  About  four  years,  possibly  a  little  more  altogether. 
Question.  In  what  capacity  ? 

Answer.  As  an  officer  of  infantry  from  lieutenant  to  lieutenant  colonel. 
Question.  Where  have  you  been  in  service  ? 

Answer.  Chiefly  in  Kentucky,  Tennessee  and  Mississippi,  and  more  recently  in  connexion 
with  the  Froedmeu's  Bureau  in  Virginia  and  North  Carolina. 

Question.   Have  you  been  acting  in  an  official  capacity  in  the  Freedmen's  Bureau  ? 
Answer.  I  have. 

Question.  When  did  you  commence  that  service  and  where  did  you  serve  ? 
Answer.  The*  order  assigning  me  to  duty  under  General  Howard,  of  the  Freedmen's  Bureau, 
was  dated  January  12,  1866',  and  I  was  relieved  from  duty  March  26,  1866.     My  principal 
service  was  at  Wilmington,  North  Carolina ;   I  was  superintendent  of  the  southern  district  of 
that  State ;  I  also  performed  some  service,  but  not  much,  at  Richmond,  Virginia. 

Question.  Have  you  travelled  about  much  in  Nojth  Carolina  and  Virginia,  so  as  to  ac 
quaint  yourself  with  the  feelings  of  the  people  there  ? 

Answer.  I  have  in  North  Carolina,  particularly  in  the  southern  district,  composed  of  nine 
counties,  and  to  some  extent  over  the  central  and  eastern  part  of  the  State. 
Question.  When  did  you  leave  Wilmington,  North  Carolina  ? 
Answer.  On  Monday  of  last  week,  the  26th  of  March. 

Question.  What  is  the  state  of  public  feeling  in  North  Carolina  as  regards  loyalty  to4he 
government  of  the  United  States  ? 

Answer.  There  is  a  great  variety  of  feeling  there,  but  to  state  it  generally  it  is  bad. 
Question.  What  do  you  intend  to  be  understood  as  meaning  by  the  expression  "  bad  ?" 
Answer.  I  mean  that  there  are  very  few  persons  there  -who  have  been  Union  men  through 
the  war,  very  few  indeed.     There  are  some  who,'  although  they  have  been  secessionists,  are 
now  willing  to  accept  the  situation  entirely,  but  the  great  majority  still  talk  against  the  gov 
ernment;  are  dissatisfied  with  the  Freedmen's  Bureau  and  the  presence  of  the  military;  they 
feel  sore,  chagrined,  and  bitfer  towards  the  government  of  the  United  States  on  account  of 
their  failure  to  establish  what  they  call  southern  independence.     One  person  in  particular 
said  to  m^  that  when  another  opportunity  offered  "  all  the  best  men  of  the  south  would  be 
found  fighting  against  the  government  with  more  vindictiveness  than  before,"  on  account  ot 
the  bitterness  caused  by  their  failure  in  the  last  war  and  the  dissatisfaction  with  the  United 
States  because  they  had  not  been  treated  with  more  magnanimity.     It  was  one  of  the  editors 
of  a  newspaper  who  talked  thus. 
Question.   Of  What  paper  ? 
Answer.  The  Wilmington  Dispatch. 
Question.  Is  that  a  secession  or  a  Union  paper  ? 

Answer.  A  secession  paper,  unless  it  has  changed  since  I  left  that  place ;  though  nearly  all 
the  newspapers  are  about  the  same. 

Question.  Did  you  discover  that  these  expressions  of  dislike  towards  the  government  of  the 
United  States  were  frequent  among  the  people  ? 

Answer.  Yes,  sir;  when  one  person  made  use  of  such  expressions  nearly  all  those  around 
acquiesced  in  them,  as  a  general  thing.  There  was  not  one  man  in  a  thousand  (of  the  white 
citizens)  who,  when  the  government  was  attacked  and  reviled,  would  express  disapproval 
of  it ;  who  would  be  indignant  and  speak  for  the  government,  or  do  anything  but  smile,  it 
not  openly  approve  it,  (the  abuse.)  I  understand  the  extreme  test  of  loyalty  is,  that 
when  a  man  hears  his  government  denounced  and  cursed  he  would  color  up  and  resent  it. 
There  is  not  one  white  citizen  in  a  thousand  in  North  Carolina  who  would  do  that.  You 
would  seldom  meet  a  man  there  who  would  resent  an  insult  offered  to  the  government  of  the 
United  States,  or  oppose  or  contradict  in  any  way  any  denunciation  or  abuse  of  it.  His 
honor  or  feelings  would  not  be  touched  by  any  remark  against  the  government.  As  a  rule 
this  would  be  very  general. 

Question.  Among  what  classes  of  persons  does  this  feeling  seem  to  prevail,  the  higher, 
middle,  or  lower  classes  ? 

Answer.  It  prevails  among  the  higher  and  middle  classes.  I  have  found  several  young 
men,  who  have  no  families,  are  free  from  local  interests,  &c.,  who  were  desirous  of  emi 
grating  north,  and  I  have  aided  them,  given  them  passes  or  recommendations  as  far  as  I 
could.  The  reasons  given  by  these  young  men  were,  they  had  been  compelled  to  enter  the 
confederate  service;  had  come  out  of  it  poorer  than  they  went  in;  that  they' could  not  trust 
their  politicians  or  leaders,  and  that,  in  the  present  state  of  affairs,  there,  was  no  chance  for  a 
hard  working,  honest  young  man  to  do  anything  better  than  barely  make  a  living,  on  ac 
count  of  the  peculiar  treatment  of  the  labor  question  by  the  land  owners. 
Question.  What  particular  fault  in  their  labor  system  do  you  refer  to  ? 
Answer.  The  land  owners,  or  wealthier  class,  have  no  interest  in  the  permanent  good  of 
the  laboring  class,  or  do  not  pretend  to  have.  Public  opinion  is  unfavorable  to  the  laboring 
classes.  The  young  men  I  speak  of  feel  this  burden  all  the  time,  audit  troubles  them.  They 
see  no  future  good  or  reasonable  chance  for  it.  The  opportunities  for  education  are  not  open 


VIRGINIA NORTH   CAROLINA — SOUTH    CAROLINA.  267 

to  them,  and  they  have  an  idea  that  they  can  find  more  intelligent  communities  in  the  north 
and  do  better  every  way.  Political  economy,  the  mutual  dependence  of  labor  and  capita!, 
are  not  understood.  Capital  has  heretofore  owned  the  labor,  and  they  cannot  now  appreciate 
the  principle  that  the  permanent  good  of  the  wealthier  class,  or  of  the  commerce  and  enter 
prise  of  the  State,  depend  upon  the  permanent  good  of  the  laborers  and  producers.  They 
nave  heretofore  acted  on  a  different  principle,  and  they  still  do ;  this  is  the  source  of  much 
trouble. 

Question.  Have  you  heard  anything  said  among  the  secessionists  in  regard  to  a  war  be 
tween  the  United  States  and  foreign  powers  ? 

Answer.  Yes,  sir ;  this  assistant  editor  of  the  Dispatch,  when  talking  with  me,  said  in  case 
a  war  should  occur  between  this  country  and  Maximilian  or  France,  all  the  best  men  of  the 
south  would  again  be  found  opposing  the  United  States,  or  taking  part  with  its  enemies  ; 
that  they  would  seize  the  opportunity  when  offered. 

Question.  Have  you  heard  such  sentiments  or  anything  tantamount  to  them  frequently  ex 
pressed  1 

Answer.  Not  very  frequently ;  I  have  not  much  opportunity ;  my  position  renders  men 
generally  cautious  in  speaking  to  me.  I  know  men  talked  differently  to  me  to  what  they 
did  outside  ;  I  had  such  things  proven  to  me  sometimes. 

Question.  Have  you  heard  them  expressed  in  any  other  instance  ? 

Answer.  Yes,  sir  ;  in  three  or  four  instances. 

Question.  By  men  of  position  and  influence  in  the  community  ? 

Answer.  Yes,  sir;  by  attorneys  at  law,  leading  planters,  or  people  of  those  classes.  There 
is  another  editor  of  the  same  paper  (Dispatch)  who  entertains  about  the  same  opinions  as  the 
one  first  mentioned.  The  marshal  of  the  city  of  Wilmington,  late  a  major  general  of  the 
confederate  army,  and  now  paroled  as  such,  declared  his  hatred  of  the  government.  He  said, 
"  I  hate  you ;  I  do  not  love  you ;  I  always  shall  hate  you."  He  went  on  to  inform  me  how 
he  would  like  to  be  treated,  how  southerners'  feelings  were  to  be  hurt,  and  how  we  had  bet 
ter  act  not  to  hurt  them,  and  the  like.  They  sometimes  speak  of  the  United  States,  bu  tmore 
generally  of  the  "Yankees,"  and  often  say  "you"  or  "  your  people,"  and  "your  govern 
ment,"  "  the  Yankee  government,"  &c.  Whatever  they  say  generally  means  the  government 
of  the  United  States.  I  always  found  that  they  so  placed  their  feelings,  that  an  officer  could 
not  conscientiously  perform  his  duty  towards  the  United  States  without  hurting  them,  and 
I  always  thought  they,  intended  to  have  their  feelings  hurt. 

Question.  What  was  this  marshal's  name  ? 

Answer.  Robert  Ransom.  He  told  me  that  he  hated  us,  and  always  should  hate  us  ;  that 
he  had  no  love  for  the  United  States,  and  never  should  have,  or  something  to  that  effect.  I 
believe  he  was  a  lieutenant  colonel  of  our  regular  army  before  the  war. 

Question.  Have  you  any  reason  to  suppose  that  there  is  any  class  or  combination  of  per 
sons  in  North  Carolina  or  Virginia,  or  elsewhere  in  the  south,  who  contemplate  a  renewal 
of  the  war,  or  another  attempt  to  get  out  of  the  Union  ? 

Answer.  It  would  be  much  easier  to  say  what  I  believe  than  what  I  kn6w. 

Question.  Well,  what  is  your  opinion  on  -the  subject  ? 

Answer.  It  is  my  opinion  that  there  is  an  organization  of  some  such  kind  ;  they  consult 
with  one  another  privately ;  if  you  hit  one  you  hit  all.  There  is  at  least  a  very  close  commu 
nity  of  sentiment  and  interest  among  them ;  whether  it  is  fully  organized  I  cannot  say. 
Their  interests  are  identical,  or  they  make  them  so ;  they  talk  in  the  same  way  ;  they  urge  the 
same  reasons,  and  refer  to  one  another  in  a  fraternal  manner.  They  are  given  to  compli 
mentary  notices  of  men  who  have  been  devoted  to  the  cause  of  the  south  or  are  now.  This 
is  frequent  in  their  papers  and  public  speeches.  This  seems  to  be  the  test  for  popularity  among 
the  better  classes  ;  obituary  notices  bear  the  same  strain.  One  would  think  sometimes  the 
war  was  still  going  on,  and  the  deceased  was  just  brought  from  some  field  where  the  south 
was  victorious.  This  is  particularly  the  case  where  bodies  of  deceased  officers  are  disinterred 
and  brought  home ;  it  is  so  in  mention  of  all  men.  In  their  social,  political  and  newspaper 
circles  they  exhibit  very  many  legal  "ear-marks"  of  an  organized  brotherhood,  though  I 
do  not  know  that  it  exists. 


/ 


Question.  Suppose  the  United  States  should  become  engaged  in  a  war  with  England  or 
France,  and  the  war  should  assume  such  an  aspect  as  to  hold  out  inducements  to  the  seces 
sionists  to  attempt  again  to  go  out  of  the  Union,  what,  in  your  opinion,  would  be  the  course 
their  leaders  would  adopt  ? 

Answer.  They  would  take  up  arms  against  the  government  as  quick  as  they  saw  the  op 
portunity. 

Question.  Would  they  join  the  enemy? 

Answer.  Yes,  sir.  *  I  am  perfectly  convinced  of  that. 

Question.  How  do  the  secessionists  theie  treat  the  freedmen  generally,  and  how  do  they 
feel  in  regard  to  their  education  ? 

Answer.  They  treat  the  education  question  badly*.  They  do  not  afford  any  encouragment 
whatever  to  the  schools  estal^ished  by  the  bureau.  The  papers  take  occasion  to  abuse  the 
school  mistresses  and  others  in  charge  of  the  schools  by  publishing  innuendoes  and  articles 
charging  the  school  mistresses  with  actual  crime  or  com'plicity  in  crime,  all  of  which  charge^ 
are  untrue.  For  instance,  the  Dispatch  charges  the  mistresses  of  the  schools  with  exacting 


268  RECONSTRUCTION. 

money  from  the  freed-children,  and  telling  them  if  they  cannot  get  the  money  to  bring  along 
silver  spoons,  and  asks  if  that  is  the  reason  such  articles  are  lost  by  some  citizens  ?  The  papers 
ridicule  the  colored  people  and  the  bureau  in  their  police  reports.  If  a  boy  or  a  girl  is  found 
who  has  attended  schoo^l  at  all  and  afterwards  is  charged  with  a  petty  "offence,  the  papers 
cast  slurs  and  innuendoes  at  the  schools  and  bureau.  I  arrested,  or  ordered  to  report  to  my 
office,  one  of  the  editors  of  the  Dispatch  for  a  very  scurrilous  article  against  the  school-teachers, 
but  dismissed  the  case,  considering  it  my  duty  to  proceed  regularly  against  the  establishment 
fuid  get  the  paper  suppressed.  This  editor  afterwards*  promised  to  retire  from  the  paper  if  I 
would  not  proceed,  but  he  has  not  yet,  to  my  knowledge.  They  deny  the  teachers  all  social 
privileges,  although  they  are  of  the  best  character,  and  intelligent  and  accomplished  as  most 
of  the  citizens. 

Question.  Are  the  teachers  of  the  colored  schools  there  excluded  from  society  among  seces 
sionists? 

Answer.  Entirely.  In  one  or  two  instances  they  have  been  roughly  addressed,  spoken  to 
with  abusive  language  for  calling  upon  a  colored  family  and  recommending  that  a  little  girl 
be  sent  to  school.  A  white  man  spoke  very  roughly  to  her  for  tampering  with  his  servants  ; 
ordered  her  off  abusively.  This  teacher  was  a  lady  who  acted  as  a  kind  of  city  missionary, 
looking  up  needy  cases,  reporting  them  to  us,  getting  rations  for  them,  advising  parents  to 
Ktfnd  their  children  to  school,  &c.  She  was  engaged  in  this  work  when  so  roughly  accosted. 
This  was  publicly  noticed  and  defended  by  the  papers.  It  was  a  while  after  this  that  the 
Dispatch  abused  the  schools  as  stated.  These  schools  are  free.  We  sometimes  take  cost 
price  for  books  and  stationery  from  those  amply  able  to  pay,  but  give  all  free  where  children 
are  poor.  The  teachers  and  superintendents  are  paid  by  northern  charity,  and  the  whole 
plan  is  very  worthy. 

Question.  I  suppose  these  benevolent  gentlemen  who  abuse  the  school  mistresses  do  not 
themselves  contribute  anything  for  the  support  of  any  schools,  white  or  black  ? 
.  Answer.  No,  sir;  I  conclude  not.  There  are  very  few  schools  in  the  State,  and  those  in 
Wilmington  rather  poor.  They  certainly  give  nothing  but  innuendoes  and  abuse  to  colored 
schools.  I  think  these  colored  schools  are  generally  the  best-conducted  schools  that  have  ever 
been  in  Wilmington.  The  State  University,  at  Chapel  Hill,  is  doing  fairly  for  men  of  means, 
but  the  State  has  no  common  schools  and  few  institutions  or  encouragements  for  the  laboring 
classes. 

Question.  Have  you  ever  visited  any  of  these  colored  schools  ? 

Answer.  Yes,  sir.     I  made  it  my  business  to  interest  myself  in  them. 

Question.  What  progress  in  acquiring  an  education  do  the  colored  children  make? 

Answer.  They  are  generally  very  successful.  I  am  rather  enthusiastic  upon  that  subject. 
They  learn  rapidly. 

Question.  In  what  branches  of  learning  do  they  make  the  most  rapid  progress  ? 

Arfswer.  All  branches  of  an  elementary  education  which  depend  particularly  upon  the 

memory.     Their  memory  is  better  developed  and  more  active  than  any  other  faculty  of  the 

mind.     As  witnesses  the  memory  of  colored  persons  is  often  very  accurate.     I  have  found 

witnesses  to  have  wonderful  accuracy  in  relating  a  common  conversation  or  the  verbal  terms 

•  of  a  contract. 

Question.  Do  they  seem  to  acquire  readily  a  knowledge  of  geography. 

Answer.  Yes.  sir  ;  I  think  they  do.  I  have  seen  several  little  girls  and  boys  from  seven 
to  twelve  years  of  age  stand  before  outline  maps  arid  with  a  pointer  rapidly  designate  nearly 
all  the  States,  capitals,  rivers,  mountain  ranges,  peaks,  bays,  rivers,  &c.,  in  the  world,  skip 
ping  about  irregularly,  as  called  by  any  one. 

Question.  Did  you  find  among  them  much  proficiency  in  history? 

Answer.  No,  sir.  That  has  not  been  studied  much.  They  learn  some  Bible  history  very 
fairly  in  Sabbath  schools. 

Question.   How  about  arithmetic? 

Answer.  Just  fair  or  only  ordinary.  Their  minds  are  not  analytical,  or  those  qualities  have 
m-vcr  been  developed.  They  have  never  been  allowed  to  think  much  or  reason  for  them 
selves,  so  that  in  analogy  or  analysis  they  are  slow.  Their  memory  has  been  developed  be- 
<-au.se  other  qualities  were  not,  and  this  faculty  had  to  serve  for  others  on  account  of  the  cir 
cumstances  of  their  former  condition. 

Question.  What  is  the  general  character  of  the  blacks  as  to  veracity? 

Answer.  In  my  opinion,  it  is  about  as  good  as  the  white  inhabitants,  taken  generally.  I 
have  known  gray -headed  white  men  to  perjure  themselves  before  me  where  the  issue  was  in 
their  interest  against  a  colored  man  who  had  always  been  their  slave.  His  (the  colored  nj  an's) 
evidence  was  completely  supported.  I  have  met  cases  also  the  other  way ;  so  that  generally 
I  would  take  the  black  man's  evidence  for  what  it  was  worth  under  the  circumstances,  and 
according  to  the  legal  rules  of  evidence,  just  as  quick  as  I  would  the  testimony  of  whites 
generally.  The  race  or  color  does  not  determine  it  at  all,  but  all  rests  upon  each  witness's 
interest  and  character,  and  the  white  man  shows  his  interest  in  his  evidence  just  as  much  as 
the  colored.  1  must  say,  however,  that  I  think  the  standard  of  veracity  is  generally  too  low 
there. 

Question.  Have  you  had  a  professional  education  as  a  lawyer? 

Answer.  To  some  extent  only.    I  have  read  elementary  woxfca  but  never  practiced. 


VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA.  269 

Question.  How  do  the  secessionists  feel  in  regard  to  the  blacks  owning  and  holding  land  ? 

Answer.  It  is  in  regard  to  just  such  subjects  that  white  testimony  is  unreliable. 

Question.  Are  they  willing  or  unwilling  blacks  should  hold  and  own  land  ? 

Answer.  As  a  general  thing  they  are  unwilling,  for  the  reasons  I  have  stated.  They  do 
not  look  on  the  laboring  class  or  their  late  slaves  with  favor  in  such  matters.  The  State 
courts  are  unfriendly  to  negroes  claiming  title  to  land.  If  they  already  have  it  beyond  ques 
tion  and  occupy  it,  there  is  not  so  much  trouble,  though  such  cases  are  rare.  If  a  colored 
man  owns  property  and  it  is  in  possession  of  some  white  man,  the  courts  will  do  nothing  for 
him  now.  In  all  such  cases  the  attorneys  or  claimants  would  come  tome  and  tile  the  regular 
petition  as  in  chancery,  and  not  to  the  courts. 

Question.  What  is  the  difficulty  on  the  part  of  the  courts  ?  Is  it  an  unwillingness  on  the 
part  of  the  judges,  or  on^the  part  of  the  juries,  to  deal  with  the  case  so  as  to  do  justice  to  the 
black  man  because  he  is  black  ? 

Answer.  It  is  on  account  of  their  laws,  and  long  practice  against  them  as  slaves.  The 
laws  of  the  State  are  unfriendly  to  a  slave  owning  anything,  and  the  opinions  and  decisions 
of  the  supreme  court  have  been  extremely  severe  and  rigid  on  such  points. 

Question.  By  the  laws  of  North  Carolina,  would  a  free  black  man  be  allowed  to  own  land  ? 

Answer.  They  have  been;  and  some  now  do,  in  the  shape  of  cheap  city  lots,  &c.,  but 
their  protection  is  very  uncertain,  and  I  have  had  cases  brought  before  me  for  settlement  where 
colored  persons  had  great  difficulty  in  retaining  their  property.  It  had  passed  into  hands 
of  agents,  lessees,  and  others ;  and  the  colored  man  once  losing  possession,  has  great  difficulty 
in  obtaining  redress  from  a  civil  court.  Colored  men,  or  slaves  particularly,  have  not  held 
property  at  all  in  their  own  name.  It  was  contrary  to  law.  If  a  slave  purchased  his  time, 
and  made  money  and  .purchased  property,  he  usually  had  the  title  vested  in  his  master  or 
some  white  person  friendly  to  him.  These  they  called  protectors,  and  these  held  the  prop 
erty  in  the  nature  of  a  trust  for  the  slave  or  colored  man.  Those  titles  have  sometimes  been 
vested  in  honorable  men  who  had  some  regard  for  the  rights  of  the  colored  man.  Sometimes 
six  or  eight  persons  would  be  mentioned  in  the  deed  so  as  to  thus  guarantee  fair  treatment 
for  the  slave.  After  a  while  these  would  convey  the  property  to  others.  Sometimes  when 
title  was  in  one  person  only,  the  property  would  go  to  his  estate  and  heirs  ;  aud  as  the  Htw 
did  not  recognize  the  right  of  slaves  to  own  property,  these  clauses  stating  that  it  was  held 
in  trust  for  the  slave  could  be  left  out  and  a  warranty  deed  given  to  other  parties,  entirely 
disregarding  the  rights  of  the  slave.  The  colored  man's  interest  expired  at  the  will  of  the 
protector,  and  in  this  way  many  cases  arise.  In  such  cases  the  colored  man  has  no  protec 
tion  before  the*  courts  in  North  Carolina. 

Question.  Have  you  discovered  such  a  prejudice  against  the  black  man  in -North  Carolina 
as  would  restrict  his  rights  in  the  State  courts  ? 

Answer.  Yes,  sir.  There  is  a  very  general  prejudice  against  the  blacks,  often  bitter  ard 
controlling,  but  frequently  not  so  bad. 

Question.  In  your  judgment,  does  that  prejudice  infect  the  judges  themselves  ;  or  is  it  con 
fined  to  the  juries  ? 

Answer.  There  is  hardly  a  southern  man,  one  who  has  always  lived  there,  but  is  preju 
diced  against  allowing  a  colored  man  equal  civil  rights,  equality  before  the  courts,  in  fact, 
(though  they  may  do  it  in  form.)  Their  rights  of  person  and  property  are  always  unsafe,  at 
least.  The  whites  are  generally  taught,  arid  believe,  that  black  persons  will  naturally  steal 
or  lie.  They  generally  say  so.  I  have  hardly  found  a  Union  man  entirely  free  from  these 
prejudices.  So  much  is  this  the  case  that  I  had  witnesses  swear  they  would  not  believe  a 
particular  freedman  on  oath.  I  found  the  reason,  and  only  one,  for  this  specific  impeach 
ment,  was  that  the  witnesses  "would  not  believe  anv  nigger  on  oath,"  and  this  man  was 
black. 

Question.  What  have  you  heard  the  people  there  say  about  what  is  generally  known  as 
the  "Civil  Rights  bill?" 

Answer.  I  heard  universal  delight  among  the  southerners  at  the  probability  ihat  the  bill 
would  be  vetoed,  just  before  I  left  Wilmington.  There  was  unanimous  opposition  to  it  by 
secessionists,  and  great  delight  at  its  probable  veto.  In  regard  to  the  "  Freeduieu's  Bureau 
bill"  there  was  much  excitement,  and  our  authority,  as  officers  of  the  bureau,  was  defied 
very  frequently  after  that  was  vetoed,  and  rarely  ever  before. 

Question.  How  are  white  Unionists  treated  in  North  Carolina  by  the  secessionists  ? 

Answer.  They  are  not  treated  right — are  abused  socially,  and  even  publicly  threatened, 
unless  they  are  strong  on  account  of  their  wealth  and  business  power.  Mr.  Geo.  S.  French 
had  a  cane  brandished  over  his  head,  and  wasotherwi.se  abused  by  asecessionist^  because  he 
had  always  been,  and  was  now,  a  Unionist.  Mr.  French  was  a  native  of  Fall  River,  Massachu 
setts,  but  resided  in  Wilmington  forty-four  years — a  man  of  property,  in  business  there — 
president  of  the  Cape  Fear  Bank,  and  a  very  pure-minded,  upright,  arid  inotfeusive  Christian 
man.  He  has  suffered  much  inconvenience  and  trouble  during  the  war ;  and  when  our 
prisoners  came  through  there  he  helped  them  all  he  could. 

Question.  A  secessionist  brandished  his  cane  over  the  head  of  Mr.  French  because  he 
was  a  Unionist  ? 

Answer.  Yes,  sir;  for  no  other  reason  that  I  could  learn.  All  the  Unionists  who  were 
there  during  the  war,  and  northern  traders  and  merchants  there  now,  tell  me  they  will  have 


270  RECONSTRUCTION.      * 

great  trouble  when  the  troops  are  withdrawn,  and  many  of  them  say  they  will  have  to  leave 
when  the  troops  do. 

Question.  That  they  will  have  to  leave  on  account  of  the  opposition  to  them  ? 

Answer.  Yes,  sir.  On  account  of  the  enmity  /of  the  secessionists  towards  them.  The  se 
cessionists  already  take  mean  business  advantages  of  northern  men — borrow  money  as  agents 
for  them,  then  refuse  to  pay,  and  take  advantage  of  a  stay  law.  By  these  means  collection 
can  be  delayed  about  two  years.  I  have  met  northern  men  who  are  now  suffering  from  such 
dishonest  business  operations,  and  in  some  cases  the  debtor  was  worth  fifty  or  one  hundred 
thousand  dollars.  There  is  a  too  general  lack  of  business  faith.  You  cannot  safely  pur 
chase  cotton,  naval  stores,  or  other  merchandise  on  samples.  I  have  known  men  to  sell 
resin  on  samples,  and  the  only  barrels  worth  the  freight  were  thoseropenod  as  samples.  The 
laws  are  slow  or  useless  for  any  redress.  I  have  known  such  cases  as  would  shame  the 
commonest  street  broker  in  New  York.  Collections  are  made  more  easily  by  the  military 
when  they  have  authority. 

Question.  How  do  the  secessionists  receive  President  Johnson's  liberal  policy  of  treat 
ment  ? 

Answer.  With  rejoicing.  Everything  favorable  trom  the  President  is  published  with  cap 
ital  headings.  They  receive  it  with  great  satisfaction,  and  proceed  to  lampoon  the  "radi 
cals,"  the  "  Yankees,"  and  the  "Freedmen's  Bureau."  Every  friendly  act  by  the  President 
seems  to  authorize  them  in  more  violent  abuse  of  Congress,  the  bureau,  and  everything  they 
call  radical.  The  papers  are  stronger  in  their  denunciation,  they  try  to  overreach  us  by 
public  excitement,  to  intimidate  us  by  greater  insolence,  the  courts  are  more  grasping,  the 
mayor's  court  more  severe,  until  I  could  not  help  calling  it  "The  confederate  advance." 
The  laws  of  the  State  retain  whipping,  cropping,  branding,  and  letting  or  binding  to  service 
as  punishments  for  crime.  My  assistant  heard  men  say  in  the  street  that  they  would  soon 
get  rid  of  the  d — d  niggers  when  the  Freedman's  Bureau  w«as  withdrawn.  I  believe  he 
used  the  terms,  "would  soon  kill  off  the  niggers." 

Question.  Have  you  had  any  knowledge  of  such  whipping  cases  ? 

Answer.  Yes,  sir.  I  interfered  and  stopped  the  whipping  of  some  freedmen  by  the  sheriff 
of  New  Hanover  county. 

Question.  Was  the  whipping  ordered  by  the  justices  of  the  peace  ? 

Answer.  By  what  is  called  the  county  court,  the  court  of  pleas  and  quarter  sessions,  which 
consists  of  the  justices  in  the  county  sitting  together  quarterly,  with  a  presiding  member. 

Question.  Has  that  been  of  frequent  occurrence  ? 

Answer.  No, 'sir;  it  only  occurred  once  after  I  went  there.  I  saw  it  going  on,  stopped 
it,  requested  the  court  to  suspend  the  lash,  and  forwarded  a  report,  with  a  request  that  such 
punishment  be  forbidden.  It  was  referred  to  the  general  commanding  the  department  of 
North  Carolina,  but  no  action  had  been  taken  when  I  left. 

Question    Has  there  been  any  case  of  cropping  since  you  went  there  ? 

Answer.  Not  to  my  knowledge. 

Question.  In  case  the  federal  troops  and  the  Freedmen's  Bureau  should  be  removed  from 
North  Carolina,  what,  in  your  opinion,  would  be  the  conduct  of  the  white  secessionists  to 
wards  the  colored  freedmen  ? 

Answer.  They  would  endeavor  to  reduce  them  to  a  system  of  peonage  immediately.  In 
stead  of  treating  the  laborers  well,  and  inducing  them  to  become  contented,  prosperous  and 
trustworthy,  they  would  try  to  compel  for  the  master's  interest.  By  controlling  wages  and 
keeping  them  low,  they  would  render  the  colored  man  helpless  and  dependent.  By  vagrant 
acts  they  would  try  to  take  legal  control  of  the  labor.  Even  now,  forced 'indentures  are  not 
very  unusualj  The  court  of  pleas  and  quarter  sessions  of  Sampson  county  apprenticed  a 
large  number — several  hundred  children — generally  to  their  former  masters,  and  in  many 
cases  simply  upon  the  request  of  the  late  master.  They  generally  took  the  older  children 
only.  Some  of  these  children  were  at  the  time  living  and  working  in  other  counties,  and 
the  local  armed  police  were  sent  after  them,  seized  them  from  their  employers,  and  forced 
them  to  go  back  to  their  former  masters.1 

Question.  Children  who  had  parents  living  ? 

Answer.  They  made  no  particular  inquiry  about  that.  At  the  meeting  of  the  court,  about 
February  20,  IbGb',  the  former  slave  owners  met  at  the  court  and  had  the  children  apprenticed 
to  them.  Many  were  apprenticed  who  had  one  or  both  parents  living,  and  orphans  who 
were  amply  able  to  care  for  themselves. 

Question.  For  how  long  a  time  did  they  bind  them  out? 

Answer.  Until  they  were  twenty-one  years  of  age.  Those  below  seven  years  were  not 
generally  taken,  but  from  that  to  20  years  they  were  generally.  One  case  was  proven  to  me 
as  follows :  three  brothers  were  bound — one  was  20  years  old,  had  a  wile  and  one  child,  was 
earning  from  $'25  to  &W  per  mouth;  the  next,  about  17  years  old,  earning  sl»i  per  month; 
the  younger,  about  14  years  old,  was  earning  $5  per  month,  and  his  rations  and  clothes. 
These  three  were  apprenticed,  seized  by  the  local  police,  and  taken  from  Bladen  county  back 
to  Sampson  county,  to  their  former  master,  to  serve  until  they  were  21  years  old,  j 

Question.  Did  the  Freedmen's  Bureau  interfere?  • 

Answer.  Yes,  sir ;  General  Ruger  ordered  a  company  of  troops  to  that  section,  and  I  sent 
an  officer  of  the  bureau.  The  assistant  commissioner  of  the  State  pronounced  the  whole 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  271 

action  void  by  a  sort  of  circular  or  proclamation.  Many  of  these  children  are  yet  held,  as 
they  are  distant  from  our  officers,  and  we  have  to  depend  on  white  interested  evidence  in 
many  cases.  The, apprentice  system  has  been  greatly  abused.  There  was  another  case 
tried  before  me  worse  than  this.  A  man  named  B.  M.  Richardson,  formerly  of  New  Jersey, 
took  a  colored  boy  nearly  20  years  of  age,  drew  a  revolver  on  him,  choked  him,  whipped 
him  with  a  club,  tied  his  hands,  whipped  him  with  a  half  a  hoop,  kept  him  tied  six  or  seven 
hours,  whipping  him  every  few  minutes  with  a  doubled  leather  strap,  hurting  him  so  bad  as 
to  disable  him  for  two  days,  so  that  Richardson's  son  testified  that  they  had  to  rub  the  boy 
with  "lobelia  ointment,"  on  account  of  the  injuries  inflicted.  This  was  all  done  to  compel 
Dan.  Bagley's  (the  freedman)  consent  to  an  indenture  of  apprenticeship  !  Richardson  con 
fessed  to  one  gentleman  he  had  given  "Dan"  three  hundred  lashes  or  blows  at  a  single 
whipping.  He  also  wrote  a  letter  to  Dan's  former  master  about  as  follows:  "Dan  is  still 
with  me.  I  like  him.  I  had  to  give  him  one  dreadful  whipping.  After  I  gave  him  this 
whipping  I  did  not  have  so  much  difficulty  in  making  a  bargain  with  him.  Some  of  the  other 
niggers  put  bad  ideas  into  his  head,  but  I  whipped  it  out.''  All  this  was  proven  beyond  the 
shadow  of  doubt  before  me,  and  Richardson  had  full  opportunity  afforded  him  for  defence. 
He  had  two  good  lawyers.  I  had  the  fellow  arrested,  and  forwarded  the  papers,  and  he 
would  be  brought  before  a  military  commission  if  they  are  not  discontinued.  It  was  on  this 
trial  that  a  witness  swore  he  would  not  believe  "  Ben  Simpson,"  (freedinan, )  ami  the  reason 
was,  Ben  was  black. 

Question.  How  do  the  white  secessionists  regard  and  speak  of  the  acts  of  cruelty  to  which 
you  refer  ? 

Answer.  They  generally  refuse  to  believe  them,  and  defend  the  criminals  by  saying  they 
know  they  are  honorable,  high-minded  men,  who  would  do  no  such  thing.  Such  a  recom 
mendation  generally  means  that  such  men  are  good  southern  men. 

Question.  But  suppose  they  should  see  the  act  committed  ? 

Answer.  They  would  make  no  complaint  as  a  general  thing.  They  would,  also,  be  un 
willing  to  appear  as  witnesses.  There  are,  however,  some  who  accept  the  situation,  as  I  have 
mentioned,  and  who  want  the  labor  question  settled  properly,  and  these  would  give  testimo 
ny,  and  some  such  gentlemen  did  in  this  case  upon^my  summons. 

Question.  In  your  opinion,  in  case  the  military  a'nd  Freedmen's  Bureau  were  withdrawn, 
what  chance  would  the  freedman  have  of  obtaining  his  rights  in  a  North  Carolina  court? 

Answer.  In  the  first  place,  he  would  have  difficulty  in  getting  his  case  before  the  courts ; 
and  in  the  second  place,  when  before  the  court,  all  the  testimony  he*  could  bring  would  be 
overborne  by  the  testimony  of  a  single  white  man,  if  he  was  what  ie  called  a  good  southern 
man,  "a  gentleman,"  as  they  say,  "a  man  of  honor." 

Question.  The  freedmen  would  stand  very  little  chance,  of  getting  justice  ? 

Answer.  Very  little,  if  the  defendant  or  other  party  to  the  action  was  a  white  man.  There 
are  some  of  the  magistrates  for  whom  I  had  a  rather  high  respect ;  but  all  are  affected  by 
the  prejudice  I  have  mentioned,  whether  they  appreciate  it  or  not.  Judges  and  jurors  may 
have  pure  motives  and  yet  do  wrong  through  long  practice  under  slave  codes  and  be  preju 
diced  from  childhood.  As  soon  as  all  military  force  or  law  is  removed,  the  ultra  secession 
ists  will  obtain  full  control  of  all  civil  affairs.  Such  has  already  become  the  case  in  Wilmiug- 
ton.  The  present  mayor  of  the  city  is  such.  He  told  me  he  had  embarked  his  all  in  the 
secession  cause,  and  had  not  expected  to  save  anything  if  the  cause  was  lost.  Now 
that  his  property  .is  restored,  he  feels  stronger.  He  pretends  to  a  sort  of  Unionism,  but  does 
not  show  it.  His  marshal  is  General  Ransom,  I  have  mentioned,  and  the  policemen  of  the 
city  are  appointed  upon  the  test  recommendation,  that  they  have  served  faithfully  in  the 
confederate  army.  The  policemen  are  the  hardest  and  most  brutal  looking  and  acting  set 
of  civil  or  municipal  officers  I  ever  saw. 

Question.  A  terror  to  those  who  do  well  ? 

Answer.  A  terror  to  everybody,  I  should  think — certainly  to  all  colored  people  or  loyal 
men.  I  heard  gentlemen  living  in  Wilmington  say  they  could  never  again  have  any  self- 
respect  if  they  should  be  arrested  by  such  men,  even  for  the  most  trivial  complaint  or  sus 
picion.  The  present  mayor  of  the  city  kept  a  whole  colored  family  in  prison  thirty-six 
hours  because  their  dog  bit  or  tried  to  bite  a  policeman  who  attacked  a  boy  on  the  street. 
There  was  no  offence  at  all,  and  the  family  were  then  only  released  on  niy  urgent  statement 
of  the  case  to  the  mayor  and  demand  for  their  release.  The  question  is,  into  what  hands 
will  the  execution  of  the  civil  law  pass  ?  I  was  sitting  in  my  room  one  evening  about  eight 
or  nine  o'clock,  and  heard  loud  talking  upon  the  street.  It  continued,  and  I  recognized  a 
woman's  voice.  I  went  out  and  saw  a  woman  (colored)  in  charge  by  two  stout  police.  I 
waited,  and  they  were  laughing  at  her  and  she  was  rather  noisy — intoxicated  I  should  think. 
They  stayed  there  on  the  street,  in  all,  twenty  minutes  or  half  an  hour;  and  when  I  stepped 
down  upon  the  pavement  and  approached  them,  1  heard  a  sharp  rap  which  could  have  been 
heard  a  square.  The  policeman  foiled  the  woman  senseless  to  the  ground  with  his  baton. 
She  was  a  slight  woman,  hardly  able  to  handle  a  boy  twelve  years  of  age.  I  made  a  com 
plaint  before  the  mayor,  but  the  policeman's  statement  and  that  of  his  comrade  was  better 
than  mine.  His  act  was  approved  by  the  court.  A  negro  man  was  so  beaten  by  these 
policemen  that  we  had  to  take  him  to  our  hospital  for  treatment.  These  things  are  generally 
in  the  night-time.  The  policeare  not  uniformed,  or  only  wear  a  star.  -A  colored  man  some- 


272  RECONSTRUCTION. 

times  does  not  know  who  attacks  him,  or  why.  The  statement  of  the  policeman  is  enough. 
I  found  usually  the  offence  charged  was  .slight,  as  in  this  case,  only  suspicion  that  he  had 
fired  a  pistol  in  the  night  time.  Nothing  of  that  was  proven.  ;in«l  Lhe  criiyinal  was  held  for 
resisting  an  officer  of  the  law.  There  are  numerous  cases  of  thi.>  kind  in  the  city  and  country. 
I. directed  my  assistant,  Major  Wickcrsham.  to  arrest  the  offending'  police  and  tine  them  for 
assault  and  battery.  There  was  no  protection  before  his  honor  the  mayor. 

Question.  Did  he  knock  this  woman  down  with  a  policeman's  baton  ? 

Answer.  It  .was  a  club  about  twice  or  three  times  as  large  as  the  usual  baton  ;  a  club 
18  or  20  inches  long  sometimes,  such  as  boys  use  to  play  base  ball  with,  with  which  you 
might  knock  a  man's  brains  out  at  one  blow.  Your  first  impulse  would  be  to  walk  around 
and  avoid  one  of  these  police  when  you  saw  him  on  the  street.  There  are  Portuguese,  Irish, 
and  other  nationalities  among  them,  and  all  look  bad  and  vicious.  I  appealed  to  the  mayor 
to  punish  these  two  police,  or  particularly  the  one  who  struck  the  woman.  I  told  him,  to 
say  the  least,  there  was  danger  in  habitual  conduct  like  that — for  the  peace  of  the  city  and 
safety  of  society  to  prevent  or  punish  it.  The  police  made  their  statement,  and  other  wit 
nesses  appeared  to  show  that  the  woman  attacked  the  police  and  all  that,  and  I  was  over 
whelmed.  The  mayor  replied,  "  You  see  I  always  require  my  police  to  tell  the  whole  story, 
even  if  it  criminates  them,  and  I  require  them  to  do  their  duty  thoroughly  ;  that  his  police 
acted  in  self-defence." 

Question.  In  case  the  Freedmen's  Bureau  or  the  federal  troops  are  withdrawn  from  North 
Carolina,  what  will  be  the  ultimate  result  to  the  freedmen  ;  can  they  live  there? 

Answer.  The  colored  race,  if  left  entirely  to  the  control  of  the  whites  there,  will  be  ultimately 
exterminated  by  bad  treatment,  the  hard  mode  of  life  they  will  be  reduced  to  and  consequent 
disease. 

Question.  Will  not  the  perpetual  oppression  of  the  white  race  produce  something  more 
terrible  than  gradual  dwindling  away  of  the  black  race  ? 

Answer.  There  is  great  danger  of  that  now,  at  times.  When  the  freedmen  were  publicly 
whipped  the  others  were  very  much  excited.  Freedmeu  of  intelligence  and  some  means  of 
life  came  to  me  weeping  at  the  degradation  they  were  subjected  to.  They  begged  that  I 
should  protect  their  race/  They  said  that  at  a  wordfron:  them  the  colored  people  would  have 
rescued  the  prisoner,  but  they  prevented  such  attempts.  I  advised  quiet,  and  they  said  they 
would  keep  so  if  their  rights  were  protected,  or  if  there  was  reasonable  hope  they  would  be. 
They  had  no  sympathy  with  crime,  but  abhorred  the  brutalizing  method  of  punishment. 
This  law  applies  to  whites  and  blacks  alike ;  but  the  practice  would  be  that  ninety-nine 
blacks  would  be  punished  in  this,  way  to  one  white  man.  Such  degrading  pmuV! 
always  fall  upon  the  unfo  inmate  .sud  poor  race.  The  whipping,  heretofore  left  by  law  to 
masters,  and  done  on  the  plantations,  will  now  be  done  at  the  public  whipping-posit,  it 
allowed. 

Question.  I  hive  the  .olacks  arms  1 

Answer.  Yes,  sir:  to  some  extent.  They  try  to  prevent  it,  (the  whites  do,)  but  cannot. 
Some  of  the  local  police  have  been  guilty  of  great  abuses  by  pretending  to  have  authority 
to  disarm  the  colored  people.  They  go  in  squads  and  search  houses  and  seize  arms.  These 
raids  are  made  often  by  young  men  who  have  no  particular  interest  in  hired  and  trusty  labor, 
some  of  them  being  members  of  the  police  and  others  not.  The  tour  of  pretended  duty  is 
often  turned  into  a  spree.  Houses  of  colored  men  have  been  broken-open,  beds  torn  apart  and 
thrown  about  the  floor,  and  even  trunks  opened  and  money  taken.  A 'great  variety  of  such 
offences  have  been  committed  by  the  local  police  or  mad  young  men,  members  of  it.  Mules 
and  horses  given  to  negroes  by  the  army  have  been  taken  away,  and  great  difficulty  is 
experienced  in  getting  them.  Such  acts  greatly  interfere  with  the  efforts  of  the  bureau  to 
restore  confidence  between  laborer  and  employer.  They  unsettle  labor,  lessen  greatly  the 
product  of  the  country,  and  injure  all  in  their  ultimate  efforts. 

Question.  Is  there  much  inclination  among  the  negroes  to  rise? 

Answer.  No,  sir.  Such  is  not  the  nature  of  the  race.  They  are  naturally  quiet  when  well 
trented.  They  will  nxiii'-e  more  than  nearly  any  'other  people,  because  of  then  domestic  dis 
position.  There  is  some  slight  tendency  toward  outbreaks  in  Wilmington,  because  they  think 
they  have  suffered  -neatly  therefrom  the  police.  Some  colored  men  there  told  me  they  could 
not  possibly  avoid  a  difficulty  vith  the  police,  though  they  behaved  ever  so  carefully  and 
correctly.  , 

Question.  Is  there  any  system  of  passe's  now  in  force  in  Wilmington  ? 

Answer.  No,  sir. 

Question.  Is  there  anything  else  of  importance  that  you  can  state? 

Answer.  Nothing  that  L  think  of.  There  is  a  lack  of  willing-ness  on  the  part  of  former  own 
ers  to  pay  debts  to  treedmen  or  recognize  their  full  rights,  j  his  arises  from  their  long  habit 
in  owning  them.  They  sometimes  claim  the  right  to  have  children  apprenticed  to  them,  for 
the  reason  that  they  raised  them,  (while  slaves,)  though  their  parents  are  living. 


VIRGINIA — NORTH    CAROLINA SOUTH    CAROLINA.  273 

WASHINGTON,  April  11,  1866. 
Thomas  M.  Cook  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  are  you  residing  now  ? 

Answer.  In  Wilmington,  North  Carolina. 

Question.  How  long  have  you  resided  there  1 

Answer.  A  year  February  22d  last. 

Question.  What  description  of  business  are  you  engaged  in  ? 

Answer.  Publishing  a  newspaper,  the  Wilmington  Herald. 

Question.  What  was  your  occupation  during  the  civil  war? 

Answer.  I  was  an  army  correspondent  for  the  New  York  Herald. 

Question.  Did  you  accompany  the  army  chiefly  ? 

Answer.  I  accompanied  the  army  and  the  navy,  and  had  a  pretty  extended  experience  of 
the  army,  having  made  a  tour  of  the  department  on  two  occasions. 

Question.  Were  you  one  of  the  principal  correspondents  of  the  Herald  ? 

Answer.  Yes,  sir ;  we  were  all  on  a  par. 

Question.  You  regarded  yourself  as  among  the  leading  correspondents  of  that  paper  ? 

Answer.  I  do  not  know  as  to  that ;  I  believe  I  got  as  good  pay  as  any  of  them. 

Question.  As  a  correspondent  you  had  the  confidence  of  the  editors  ? 

Answer.  My  position  was  such  that  I  was  sent  on  special  expeditions  whenever  battles 
were  anticipated.  I  was  complimented  by  the  Navy  Department  for  my  description  of  a 
battle,  and  I  was  sent  for  to  accompany  the  Fort  Fisher  expedition. 

Question.  To  what  political  party  have  you  been  attached  during  the  last  four  or  five 
years,  if  any? 

Answer.  I  should  say  I  was  most  in  sympathy  with  what  was  termed  at  the  north  the  war 
democrats,  having  been  always  a  democrat. 

Question.  Have  your  opportunities  been  extensive  for  observing  the  state  of  public  feeling 
in  North  Carolina  in  reference  to  the  war  and  in  reference  to  the  government  of  the  United 
States  ? 

Answer.  I  may  state,  that  immediately  upon  the  surrender  of  General  Lee,  I  was  sent  to 
Richmond,  with  a  view  of  discovering  the  secrets,  if  there  might  be  any,  attending  Mr. 
Lincoln's  visit  there  at  the  time  of  the  surrender,  and  had  several  interview  s  with  General 
Lee,  Judge  Campbell,  and  with  others  high  up  in  position  in  the  confederacy.  I  remained 
at  Richmond  about  six  weeks  on  that  duty,  and  then  I  received  instructions  to  go  across  the 
country,  investigating  the  sentiment  of  the  people.  I  went  by  the  way  of  Petersburg,  Dan 
ville,  Greensborough  and  Raleigh,  as  far  as  Wilmington,  North  Carolina.  I  was  induced  to 
remain  there  and  attend  to  my  own  affairs,  resigning  my  position  on  the  Herald.  Since 
then  I  have  been  on  several  trips  through  North  Carolina,  and  have  been  more  or  less  in 
communication  with  gentlemen  of  influence  and  standing  in  the  State. 

Question.  Did  you  make  any  peculiar  discoveries  in  reference  to  Mr.  Lincoln's  mission  to 
Richmond  immediately  on  the  evacuation  ? 

Answer.  I  made  discoveries  that  were  not  known  to  the  public — discoveries  that  I  was 
not  permitted  then  to  make  public,  but  which  I  think  have  since  been  made  public. 

Question.  Do  you  feel  at  liberty  to  state  any  of  them  ? 

Answer,  Inasmuch  as  they  have  been  printed,  I  do  not  know  that  there  is  any  secret 
about  them ;  it  was  merely  the  details  of  what  Mr.  Lincoln  did  at  Richmond.  1  think  I 
succeeded  in  tracing  every  step  he  took  in  and  about  Richmond ;  what  interviews  he  had, 
and  what  correspondence  he  entered  into ;  all  of  which  I  have  either  seen  in  the  original  or 
in  copies.  I  discovered  that  Mr.  Lincoln  had  two  interviews  at  Richmond  with  Judge 
Campbell.  At  the  second  interview  he  submitted  to  Judge  Campbell,  in  writing,  unsigned, 
a  paper  covering  two  pages  of  foolscap.  This  paper  contained  three  points,  which  Mr. 
Lincoln  considered,  in  his  language,  essential  to  peace,  and  gave  his  own  views  as  to  the 
manner  in  which  peace  might  be  acquired,  contingent  on  the  acceptance  of  those  three 
points. 

Question.  Has  that  paper  been  ever  published  ? 

Answer.  A  synopsis  of  it  has  been. 

Question.  In  whose  hands  did  you  see  it  ? 

Answer.  I  saw  a  copy  of  it  in  the  hands  of  Judge  Campbell. 

Question.  Did  you  ever  see  the  original  ? 

Answer.  No,  sir. 

Question.  Did  Judge  Campbell  pretend  that  he  had  the  original? 
Answer.  Not  at  that  time ;  I  can  give  you  the  history  of  it  if  you  care  for  it. 
Question.  Give  it  briefly. 

Answer.  On  the  evening  that  the  city  was  occupied  by  our  army,  Mr.  Lincoln  Avent  up  to 
the  city  with  Admiral  Porter;  before  they  got  there,  Judge  Campbell,  who  heard  they  wore 
coming,  called  on  General  Weitzel  and  requested  an  interview  with  Mr.  Lincoln,  represent* 
ing  to  General  Weitzel  that  the  interview  might  be  profitable.  General  Weitzel  rather  threw 
him  off,  and  Judge  Campbell  then  went  to  the  other  general  who  was  military  governor 
18  V  NC  SC 


274  RECONSTRUCTION. 

there.  This  general  went  with  him  again  to  General  Weitzel,  and  the  result  of  that  inter 
view  was,  that  General  Weitzel  said,  that  when  Mr.  Lincoln  came  he  would  notify  him. 
Mr.  Lincoln  came  in  the  evening,  and  General  Weitzel  told  him  that  Judge  Campbell  de 
sired  to  see  him.  Mr.  Lincoln  remarked,  in  substance,  that  he  had  no  objection  to  a  few 
minutes'  interview.  General  Weitzel  sent  across  to  Judge  Campbell,  whose  residence  was 
nearly  opposite.  He  came  over  and  was  the  principal  spokesman  ;  Mr.  Lincoln  remained 
quiet  arid  let  Judge  Campbell  have  his  say.  Judge  Campbell  was  very  anxious  to  get  an 
authority  to  treat  for  peace  ;  he  said  that  if  Mr.  Lincoln  would  give  him  authority,  he  would 
go  through  the  lines  and  see  Mr.  Davis,  and  would  undoubtedly  effect  a  treaty  of  peace  im 
mediately.  Mr.  Lincoln,  finally,  after  twenty  minutes'  interview,  told  him  that  if  he  would 
call  upon  him  in  the  morning  with  some  prominent  citizens  of  the  town,  he  would  like  to 
have  a  further  interview  with  him,  and  then  he  dismissed  him.  Next  morning  Judge 
Campbell,  who  did  not  succeed  in  finding  any  prominent  citizens,  except  one,  Mr.  McGraw, 
a  merchant,  went  with  him  on  board  the  Malvern,  Admiral  Porter's  flag-ship,  then  lying  at 
the  Rockets,  and  met  Mr.  Lincoln.  Mr.  Lincoln  then  became  more  of  the  spokesman  than 
on  the  previous  occasion.  He  made  a  number  of  inquiries  as  to  the  sentiments  of  the  south 
ern  people,  the  disposition  of  those  in  authority  in  the  south,  their  wishes,  views,  pin-poses 
and  plans.  Finally,  in  an  off-hand  manner,  he  put  his  hand  in  the  breast-pocket  of  his  coat 
and  pulled  out  a  paper,  unsigned  and  undated,  handed  it  to  Judge  Campbell  and  said  it  con 
tained  all  that  he  had  to  say  on  the  subject.  He  delivered  the  original  to  Judge  Campbell. 
Question.  This  you  got  from  Judge  Campbell  himself? 

Answer.  That  I  got  from  Judge  Campbell  himself.     This  original  was  taken  and  shown 
to  a  number  of  citizens  of  Richmond.     It  was  in  Judge  Campbell's  custody  for  three  days. 
In  the  mean  time  Mr.  Lincoln  returned  to  Washington.     In  that  interview  Judge  Campbell 
had  suggested  to  Mr.  Lincoln  the  propriety  of  calling  together  the  legislature  of  Virginia — I 
mean  the  rebel  legislature.     Judge  Campbell's  own  language  to  me  was :   "  I  suggested  to 
Mr.  Lincoln  the  propriety  of  calling  together  a  number  of  the  leading  gentlemen  of  Virginia"- 
meauing  the  legislature.     He  contends  that  that  is  the  phraseology  he  put  it  in. 
Question.  Did  he  pretend  that  he  s-aid  "the  legislature  of  Virginia?" 
Answer.  No  ;  he  pretends  that  he  said,  "a  number  of  the  leading  citizens  of  Virginia," 
by  which  he  intended  to  designate  the  legislature,  although  he  says  it  was  his  intention  to 
include  other  persons.     He  had  proposed  that  in  the  first  interview.     He  says  that  in  the 
second  interview  Mr.  Lincoln  spoke  to  him  on  the  same  subject,  and  used  this  language : 
"I  have  been  considering  a  plan  of  assembling  the  legislature  of  Virginia,  and  if  I  can  work 
it  out  in  my  own  mind  satisfactorily  I  will  notify  you."     Mr.  Lincoln  added :   "I  consider  it 
extremely  important  that  the  body  which  attempted  to  take  this   State  out  of  the  Union 
should  repair  the  damage  done" — or  should  take  it  back  into  the  Union.     The  precise   lan 
guage  I  do  not  recollect.     Then  the  interview  terminated.     The  next  day  General  Weitzi-l 
received  a  note  from  Mr.  Lincoln,  written  from  City  Point,  authorizing  him  to  permit  the 
assembling  of  the  legislature  of  Virginia.     The  construction  I  put  upon  it  was  that  Mr. 
Lincoln,  in  the  honesty  of  his  heart,  did  not  study  the  language  he  was  using,  and  meant 
the  same  body — the  unofficial  body  of  gentlemen  of  whom  Judge  Campbell  had  spoken — 
understanding  his  meaning  to^be  the  legislature  of  Virginia,  but  without  recognizing  it  as 
possessing  any  legislative  authority.     He  simply  meant  to  allow  them  to  assemble  there  and 
pass  any  form  of  a  bill  they  pleased  to  recognize  the  authority  and  jurisdiction  of  the  United 
States.     Mr.  Lincoln's  idea,  as  I  infer  from  the  whole  tenor  of  the  interview,  was  that  while 
this  might  not  be  an  official  body,  yet,  it  having  presumed  to  exercise  the  functions  of  State 
authority  in  taking  the  State  out  of  the  Union,  that  same  body  might,  in  the  exercise  of 
those  presumed  functions,  take  it  back  into  the  Union,  and  so  satisfy  the  popular  mind  of 
the  State.     The  authority  caine  back  to  General  Weitzel  to  permit  that  assemblage,  and  a  call 
was  issued  for  the  legislature.     Immediately  on  the  return  to  Washington  of  Mr.  Lincoln 
an  order  was  received  by  General  Weitzel,  by  telegraph,  revoking  the  order  for  the  assem 
blage  of  the  legislature  of  Virginia,  and  required  General  Weitzel  to  collect  all  the  papers 
that  had  passed  in  these  interviews  and  to  suppress  them.     When  I  went  to  Judge  Camp 
bell  for  the  paper  containing  the  three  propositions  Judge  Campbell  told  me  that  General 
Weitzel  had  demanded  the  paper  under  written  orders  ;  that  it  had  already  been  copied 
before  it  was  ordered  to  be  returned  ;  that  he  notified  him  that  he  had  a  copy  of  it,  and  re 
turned  the  original ;  but  he  did  not  understand  that  he  was  called  upon  to  go  about  and 
pick  up  all  the  copies  that  had  been  taken  of  it,  inasmuch  as  there  had  been  no  ban  of 
secrecy  put  upon  him.     It  was  one  of  those  copies  that  I  returned.     I  then  went  to  General 
Ord,  who  had  succeeded  General  Weitzel,  and  asked  copies  of  the  papers.     General  Ord  did 
not  dispute  their  existence,  but  said  that   under   his  orders  he  did  not  feel  at  liberty  to  let 
them  out.     At  that  time  the  assassination  of  Mr.  Lincoln  had  taken  place,  and  I  said  to 
General  Ord  that  it  was  due  to  Mr.  Lincoln's  memory  and  to  history  that  these  papers  should 
be  published.     He  advised  me  to  go  to  General   Balleck,  stating,  I  think,  that  In-  had  for 
warded  the  papers  to  General   Halleek,  or  had  ordered  them  to  be  forwarded.     I  went  to 
General  Halleck,  and  lie :  positively  denied  any  knowledge  of  the  papers.     General  Halleck 
was  then  at  Richmond.     I  was  then  advised  to  see  General  Weitzel  about  them.     I  saw  his 
adjutant  general,  who  told  me  that  General  Weitzel  would  give  them  to  me.     I  wrote  a  note 
to  General  Weitzel,  and  made  an  appointment  to  meet  him  on  a  certain  day  at  Petersburg. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  275 

I  wished  to  get  the  President's  note  to  him  authorizing  the  assembling  of  the  legislature, 
because  General  Wcit/el  was  then  under  a  cloud  in  consequence  of  having  permitted  it. 
His  adjutant  general  advised  me  that  General  Weitzel  would  be  glad  to  have  that  letter  pub 
lished  ;  but  I  was  called  away  before  I  had  time  to  go  to  Petersburg,  and  I  did  not  see  him, 
and  did  not  get  the  letters. 

Question.  You  say  you  have  read  a  copy  of  the  document  furnished  by  Mr.  Lincoln  to 
Judge  Campbell  ? 

Answer.  Yes,  sir. 

Question.  Have  you  a  copy  of  it  in  your  possession  or  control  ? 

Answer.  Yes,  sir,  I  have ;  but  I  do  not  know  where  it  is  just  now.  I  think  I  have  it  in 
New  York.  . 

Question.  Please  state  the  contents  of  that  paper  as  accurately  as  your  memory  enables 
you  to  do. 

Answer.  It  is  peculiarly  Lincolnish  in  its  style.  It  was  more  a  memorandum  than  any 
thing  else.  It  opens  without  any  address  to  anybody,  in  this  way:  "Three  things  are 
essential  to  peace :  first,  a  complete  disbandment  of  all  forces  in  hostility  to  the  United 
States;  second,  a  full  recognition  of  the  authority  of  the  government  of  the  United  Stntes 
throughout  all  the  territory  in  which  that  authority  had  been  resisted;  and,  third,  no  reces 
sion  by  the  Executive  from  his  position  on  the  question  of  emancipation  as  proclaimed  in  his 
recent  message  to  Congress  and  in  other  documents."  These  are  the  ideas,  I  think.  Then 
he  adds :  "Any  questions  of  difference  not  inconsistent  with  the  foregoing  will  be  considered 
in  a  spirit  of  generosity  and  kindness."  He  speaks  also,  I  think,  in  that  same  paper  of  the 
confiscation  laws,  and  conveys  the  idea  that  Congress  had  left  the  power  with  him  to  execute 
the  confiscation  laws.  He  makes  no  distinct  pledge,  but  allows  the  inference  to  be  drawn 
that,  if  the  south  immediately  concedes  these  points,  the  confiscation  law  will  not  be  enforced. 
I  think  there  is  also  a  paragraph  in  the  note  which  gives  to  individual  States  the  right  as 
States  of  accepting  these  terms,  each  State  for  itself. 

Question.  Will  you  furnish  the  committee  with  your  copy  of  that  proposition? 

Answer.  That  needs  another  explanation.  Judge  Campbell,  when  he  showed  me  that 
paper,  advised  me  that  he  was  not  authorized  to  give  it  to  me,  stating  as  a  reason  for  not 
giving  it  to  me,  its  suppression  by  the  government.  I  then  asked  him  if  I  might  take  an  ab 
stract  of  it.  He  was  not  prepared  to  permit  me  to  do  so  at  that  interview.  However,  he 
said  that  he  would  consider  it  and  let  me  know  the  next  day.  I  saw  him  the  next  day,  and 
he  said  that  I  might  take  the  leading  points  of  the  paper.  I  took  his  copy,  and  took  off  the 
three  essential  points  in  full  as  they  were  written,  and  a  synopsis  of  the  additional  remarks 
and  paragraphs.  Subsequently  Judge  Campbell  had  occasion  to  hand  me  a  paper  which  I 
had  requested  him  to  make  up  for  me  relating  to  his  connexion  with  efforts  for  peace,  in 
which  he  embodied  a  synopsis  of  that  note  more  full  than  my  own,  and  I  think  I  adopted 
that.  This  paper  was  printed  in  the  New  York  Herald  of  a  date  immediately  succeeding  the 
publication  of  letter  giving  Mr.  Stephens's  views.  I  wrote  my  letter  to  the  Herald,  giving 
the  results  of  my  examination  down  there,  and  accompanied  it  with  a  private  note  covering 
the  fact  of  the  government  suppressing  these  papers.  The  Herald,  which  has  always  been 
careful  not  to  publish  what  the  government  wished  suppressed,  suppressed  my  letter.  Two 
or  three  months  afterwards  somebody  had  an  interview  with  Mr.  Stephens,  of  Georgia,  and 
he  permitted  the  publication  of  a  long  article  covering  some  points  connected  with  the 
Hampton  Roads  peace  mission,  which  seemed  to  justify  the  New  York  Herald  in  publishing 
my  letter.  I  saw  it  in  print,  but  cannot  state  the  exact  date  when  it  was  published.  The 
paper  I  refer  to  was  embodied  in  that  letter. 

Question.  Have  you  an  entire  copy  of  the  document,  or  what  purports  to  be  an  entire  copy  ? 

Answer.  No,  sir ;  I  have  not.  I  have  simply  an  entire  copy  of  the  three  essential  points. 
During  the  Hampton  Roads  peace  mission,  in  speaking  of  the  treatment  that  should  be  meted 
out  to  those  who  had  been  in  hostility  to  the  government,  (and  in  this  I  think  Mr.  Stephens 
concurs  with  Judge  Campbell,)  there  was  an  anxiety  manifested  to  know  what  should  be 
done  with  those  high  in  authority,  and  Mr.  Davis's  name  was  brought  up.  Mr.  Lincoln 
remarked  that  Mr.  Davis  had  made  use  of  the  expression  that  he  would  not  accept  a  pardon 
from  him,  and  said  that  what  wasn't  worth  asking  for  wasn't  worth  having,  but  that  almost 
anybody  might  have  almost  anything  he  wanted  by  asking  for  it. 

Question.  Is  there  anything  else  on  that  subject  which  you  wish  to  add  ? 

Answer.  No,  sir;  I  think  not. 

Question.  You  have  resided  at  Wilmington,  North  Carolina,  for  many  months :  are  you 
well  acquainted  with  the  state  of  public  feeling  among  North  Carolinians,  especially  seces 
sionists,  in  reference  to  the  government  of  the  United  States  ? 

Answer.  I  think  I  am.  • 

Question.  What  is  the  general  feeling  among  influential  secessionists  in  that  State  towards 
the  government  of  the  United  States?' Is  it  friendly  or  unfriendly  ? 

Answer.  It  requires  qualifications  to  express  it,  I  think  the  sentiment  is  quite  friendly 
toward  the  government,  but  they  want  their  finger  in  it.  They  want  it  somewhat  in  their 
own  way.  They  do  not  consider  the  government  as  friendly  towards  them.  They  claim  a 
good  deal.  I  think  they  are  exacting.  I  think  they  are,  perhaps,  importunate  in  some  of 
their  demands.  They  go  further  than  they  are  justified  in  going.  I  have  told  them  so  in 


276  RECONSTRUCTION. 

my  paper  on  several  occasions,  and  told  them  that  it  would  be  more  becoming  in  them  if 
they  demanded  less,  and  that  they  might  then  have  more  expectation  of  receiving  some 
thing  ;  in  other  words,  that  they  were  not  in  a  condition  to  demand  anything. 
Question.  You  are  now  speaking  of  the  influential  classes  of  secessionists  .' 
Answer.  Yes,  sir. 

Question.  Do  you  hear  among  them  contemptuous  expressions  towards  the  government 
-of  the  United  States  ? 

Answer.  I  think  not.  I  have  heard  contemptuous  expressions  towards  individual  mem 
bers  of  the  government.  I  do  not  know  that  I  have  heard  such  towards  any  distinctive 
"branch  of  the  government,  but  towards  individual  members  of  it — perhaps,  towards  majori 
ties  in  Congress.  I  do  not  think  that  I  have  ever  heard  a  contemptuous  expression  of  the 
President,  or  of  the  military  authorities,  (although  I  have  towards  certain  military  officers,) 
nor  of  the  judicial  branch  of  the  government.  I  have  heard  them  express  a  desire  that  cer 
tain  questions  should  be  submitted  to  the  Supreme  Court  of  the  United  States — a  desire  that 
•cases  might  be  made  up  and  brought  before  that  court.  They  seem  to  feel  a  coniiden.ce  that 
they  would  come  out  right. 

Question.  How  is  the  feeling  among  the  lower  classes  of  secessionists? 
Answer.  I  have  no  sympathy  with  what  you  call  the  lower  classes  of  secessionists.     "We 
<call  them  hot-heads.     They  are  principally  young  boys  around  the  street;   ex-rebel  officers 
who  have  not  had  their  blood  cooled  down.     They  have  been  particularly  down  upon  me, 
and  I  have  kept  aloof  from  them. 

Question.  What  feeling  do  they  manifest  towards  the  government  ? 

Answer.  I  think  they  are  not  actuated  by  any  wisdom.  Their  blood  is  fired,  and  they  are 
prepared  for  any  sort  of  a  row  they  can  kick  up.  They  are  opposed  to  the  government  and 
to  anything  that  is  -good. 

Question.  Do  they  express  a  desire  for  the  recurrence  of  a  war  ? 

Answer.  Not  in  that  way.  I  have  heard  them  make  remarks  like  this  :  "If  these  things 
are  going  on,  by  God  we  will  have  within  five  years  a  worse  war  than  we  ever  had  before. 
We  will  have  a  war  of  extermination."  But  if  you  go  on  and  talk  with  those  people,  they 
will  admit  that  they  would  be  the  exterminated  party,  but  that  they  would  fight  rather  than 
submit  to  this,  that,  andrthe  other. 

Question.  What  is  it  that  they  are  so  opposed  to  ? 

Answer.  These  questions  and  remarks  would  come  up  on  discussions  about  the  admission 
of  the  negro  to  the  right  of  suffrage,  or  to  full  civil  equality.  They  fear  that  the  negro 
would  be  admitted  to  the  jury-box.  They  fear  that  more  than  anything  else.  I  do  not  think 
there  is  any  opposition,  even  among  these  people,  to  negroes  being  admitted  to  testify  in 
cases  in  which  they  are  parties  in  interest;  but  they  seem  to  have  an  undefined  fear  that 
this  measure  leaves  the  negro  liable  to  do  service  in  the  jury-box,  and  that  at  any  time 
negroes  may  be  called  upon  a  jury  to  try  a  white  man.  There  is  a  good  deal  <>t'  that  feeling. 
Question.  Are  they  not  aware  that  there  is  no  law  of  the  United  States  which  would  re 
quire  a  negro  to  sit  upon  a  jury? 

Answer.  They  are  not  fully  conversant  with  all  the  laws  ;  and,  moreover,  they  apprehend 
more  what  may  be  done  than  what  is  done  already.  The  agitation  of  these  questions  in 
Congress  and  in  the  State  legislature  brings  the  matter  up. 

'Question.  Have  you  heard  anything  said  about  a  war  between  the  United  States  and  any 
foreign  government  among  the  secessionists  of  any  class?  If  so,  state  what  their  feeling  is 
in  reference  to  it. 

Answer.  I  had  a  very  long  conversation  on  that  point,  immediately  after  the  final  surren 
der,  with  an  officer  whose  name  I  cannot  recollect — a  general  officer  uf  the  conieuenue  army. 
We  went  from  Petersburg  to  Danville  together  in  the  train.  The  conductor  had  given  me  a 
seat  in  his  caboose  car,  and  this  officer  was  riding  on  the  platform.  I  got  acquainted  with 
him  and  got  him  a  seat  inside.  We  conversed  upon  general  subjects,  and  that  subject  was 
brought  up.  I  asked  him  his  views  upon  it.  He  referred  to  liiy  letter,  [>ub!i>Ued  in  the 
Herald,  relating  to  General  Lee's  private  \iews.  After  Lee's  surrender  1  hud  an  interview 
with  him  in  Richmond,  and  I  published  his  views,  in  which  there  was  some  remark  made 
about  General  Lee  complaining  that  he  was  burdened  with  applications  from  hi-  ofticers  to 
ead  them  in  expatriation  schemes,  or  filibustering  schemes,  perhaps,  to  Brazil,  Guatemala, 
and  other  places.  He  had  dissuaded  them  from  these  ideas.  This  officer  remarked  to  me 
that  upon  the  appearance  of  that  letter  of  mine  he  was  with  a  group  of  ofticers  in  Kichmond, 
when  the  subject  was  brought  up,  and  the  question  vas,  "Supposing  this  country  should 
get  into  war  with  .France,  what  would  you  do?  and  you?  and  you  .<"'  And  he  said  tojne 
that  they  agreed  unanimously  that  it  was  their  duty  to  support  the  United  States.  That 
conversation  impressed  itself  upon  my  mind.  I  have  since  had  casual  conversations  with 
other  persons,  in  which  various  sentiments  were  expressed,  but  I  do  not  know  that  I  have 
heard  any  one  say  that  he  \\onld  join  the  common  enemy,  although  some  have  said  they 
would  not  support  the  United  States  in  it  war.  I  do  not  think  I  have  heard  any  one  say  he 
would  join  the  common  enemy. 

Question.  Have  you  reason  to  suppose  that  the  secessionists  generally  have  laid  aside  all 
schemes  of  ultimately  getting  out  of  the  Union  and  establishing  an  independent  government 
in  the  south  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  277 

Answer.  I  am  so  impressed.  I  think  it  is  their  honest  purpose  to  abandon  all  hostility 
towards  the  government.  I  think  they  are  convinced  of  its  hopelessness.  I  have  talked 
with  a  great  many  on  that  point. 

Question.  Suppose  the  government  of  the  United  States  was  engaged  in  an  obstinate  war 
with  a  foreign  power,  such  as  England  or  France,  and  suppose  it  should  become  apparent 
in  the  course  of  it  that  by  means  of  that  war  the  secessionists  would  have  an  opportunity  to 
get  out  of  the  Union  again,  do  you  not  think  they  would  embrace  it  ? 

Answer.  That  would  be  a  mere  matter  of  opinion.  I  have  heard  that  matter  discussed  a 
good  deal.  My  own  opinion  is  that  they  would  not.  I  suppose  there  might  be  individuals 
in  the  south  who  would  go  with  the  enemy,  but  they  would  be  exceptional  cases. 

Question.  Suppose  they  should  discover  that  war  so  crippled  the  power  of  the  United  States 
as  to  render  it  impossible  that  the  United  States  could  still  keep  them  in  the  Union  by  the 
force  of  arms,  do  you  not  think  they  would  .make  an  effort,  under  those  circumstances,  again 
to  withdraw  from  the  Union  and  to  establish  an  independent  government  in  the  south  ? 

Answer.  My  opinion  is  that  they  would  not.  I  base  that  opinion  upon  the  repeated  assur 
ances  of  the  majority  of  the  people  that  they  went  into  the  war  reluctantly ;  that  they  loved 
the  Union,  but  that  they  were  dragged  into  the  war  by  State-rights  ideas ;  that  they  were 
thus  committed  to  the  war,  and  had  to  fight  it  out  to  the  bitter  end.  They  were  defeated  in 
that.  Their  affection  to  the  old  Union  revives.  They  are  back  in  the  Union,  and  do  not 
want  any  more  experiences  of  war. 

Question.  This  opinion  is  based  upon  your  observations  and  experience  in  North  Carolina  ? 

Answer.  Yes,  sir.  My  office  is  a  pretty  common  place  of  resort  for  a  very  good  class  of 
citizens  of  all  political  sentiments.  The  leading  men  come  there  in  the  evening  and  read  the 
paper  and  chat.  They  have  come  to  me  a  good  deal  for  advice  and  assistance  with  the  mili 
tary,  and  I  have  been  able  to  render  them  some  assistance  many  times.  I  have  thus  got  their 
confidence,  and  they  talk  with  me  quite  freely. 

Question.  How  do  they  feel  generally  in  regard  to  allowing  the  freedmen  civil  rights? 

Answer.  I  think  they  want  to  qualify  their  rights.  They  are  willing  to  admit  the  negro 
to  testify  in  courts  in  cases  where  his  own  interest  is  involved.  They  are  willing  that  he 
should  sue  and  be  sued.  They  are  not  willing  that  he  should  have  a  vote,  nor  that  he  should 
sit  in  the  jury-box,  nor  that  he  should  hold  office. 

Question.  Are  they  generally  willing  that  he  should  have  the  capacity  of  acquiring,  enjoy 
ing,  conveying,  and  transmitting  by  descent  lands  and  real  estate  ?  . 

Answer.  I  think  they  are.  Since  Trumbull's  bill  was  introduced  in  Congress  I  have  come 
out  in  my  paper  in  advocacy  of  full  negro  equality  before  the  law  to  its  fullest  extent,  placing 
the  negro  in  courts  of  law  precisely  where  the  white  man  stands.  But  I  took  the  ground 
that  socially,  no  legislation  could  make  him  the  equal  of  the  white  man,  and  the  legal  rights 
did  not  confer  political  rights ;  that  he  was  now  a  freed  man,  and  under  the  genius  of  our 
institutions  was  entitled  to  all  the  privileges  of  that  position,  to  sue  and  be  sued,  and  to  at 
tain  every  right  which  any  other  man  could  attain  before  the  law.  My  articles  on  tha't  topic 
were  very  kindly  received.  I  do  not  recollect  that  they  were  dissented  from  by  a  newspaper 
in  the  State,  and,  excepting  in  unimportant  particulars,  they  were  not  dissented  from  in  any 
conversation  that  I  had  with  people  growing  out  of  them. 

Question.  Is  there  not  a  strong  prejudice  against  freedmen  in  North  Carolina? 

Answer.  Not  among  thinking  men. 

Question.  Among  the  masses  ? 

Answer.  Among  the  classes  whom  I  denominated  "hot-heads"  there  is. 

Question.  Would  those  "hot-heads  "  generally  be  disposed  to  give  the  negro  justice  in  re 
gard  to  his  rights  ? 

Answer.  I  do  not  think  it  would  make  much  difference  whether  they  are  or  not.  They 
are  an  unimportant  class  of  the  community.  They  are  boys  and  young  men  thrown  upon 
the  world  and  living  upon  the  street  corners. 

Question.  Do  you  think  that  an  ordinary  jury  in  North  Carolina  could  be  safely  relied  upon 
to  give  the  freedman  his  rights  in  all  cases  that  might  come  before  them,  as  willingly  as  they 
would  to  a  white  man  ? 

Answer.  I  think  they  would.  The  whipping  and  branding  of  negroes,  that  have  been 
commented  upon  in  newspapers  recently,  are  applicable  alike  to  the  whites  and  the  blacks. 
The  infliction  of  these  punishments  on  blacks,  which  has  led  to  so  much  newspaper  comment 
within  the  last  few  weeks,  was  done  under  the  impression  that  all  laws  that  were  applicable 
to  both  races  might  be  enforced. 

Question.  Do  you  mean  to  say  that  there  is  a  law  in  North  Carolina  allowing  white  men 
to  be  flogged  for  petty  offences  ? 

Answer.  Certainly.  We  have  no  penitentiary  in  our  State,  and  they  flog  and  brand  for 
petty  offences. 

Question.  Have  you  ever  heard  of  cases  of  white  men  being  flogged  and  branded  ? 

Answer.  I  have  seen  white  men  who  had  been  branded.  Since  the  criminal  courts  have 
been  in  session  again  recently,  there  have  been  no  cases  brought  before  them  except  a  few 
cases  of  negroes.  Our  county  court  sentenced  a  negro  to  be  sold  into  slavery,  when  the 
military  interfered  and  demanded  that  the  sentence  should  be  set  aside,  because  the  law  was 
not  applicable  alike  to  the  whites.  That  sentence  is  not  applicable  to  whites,  and  there- 


278  VIRGINIA — NORTH    CAROLINA — SOUTH   CAROLINA. 

fore  the  law  could  not  be  enforced.  But  in  the  case  of  whipping  and  branding,  a  white  man 
convicted  of  larceny  can  be  whipped  or  branded.  This  law  is  applicable  equally  to  whites 
and  blacks. 

Question.  They  have  no  penitentiary  in  North  Carolina? 

Answer.  No  penitentiary  or  workhouse. 

Question.  They  have  no  place  of  confinement  except  the  common  county  jails  ? 

Answer.  Only  the  common  county  jails.  When  I  caine  away  the  mayor  of  Wilmington 
was  perfecting  an  arrangement  with  the  superintendent  of  the  Freedmen's  Bureau  for  the 
organization  of  a  chain-gang  to  work  on  the  streets,  to  use  up  a  large  element  of  idle,  vagrant 
negroes  who  hang  around  town  having  nothing  to  do,  living  on  government  rations.  They 
were  being  constantly  brought  before  the  mayor's  court,  the  mayor  having  authority  from 
the  Freedmen's  Bureau  to  pass  upon  them,  save  in  an  exceptional  case,  where  the  agent  of 
the  Freedmen's  Bureau  comes  in  and  sits  with  the  mayor.  The  agent  had  seen  so  much  of 
them  that  he  was  willing  to  permit  this  chain-gang  to  be  formed  under  the  circumstances.  It 
was  to  be  put  in  force  immediately  when  I  came  away.  I  heard  it  both  from  the  superin 
tendent  of  the  bureau  6f  the  district  and  from  the  mayor. 

Question.  How  do  they  feel  in  North  Carolina  in  regard  to  the  education  of  freedmen,  and 
in  regard  to  furnishing  facilities  for  their  education  ? 

Answer.  I  demanded  of  the  constitutional  convention,  when  it  was  in  session,  that  it 
should  incorporate  into  the  constitution  a  provision  for  the  education  of  the  blacks,  and  the 
only  opposition  I  received  was  from  a  man  who  professes  to  be  a  very  strong  Union  man — a 
very  wealthy  man  and  a  leading  citizen  of  the  town.  I  got  into  an  animated  discussion  with 
him.  He  objected  on  the  common  ground  of  an  objection  to  all  education  of  labor,  that  old- 
fashioned  idea  which  could  not  be  removed  from  his  brain. 

Question.  Did  the  convention  pass  any  such  provision  ? 

Answer.  It  did  not.  I  then  demanded  of  the  legislature  that  they  should  do  it,  but  they 
did  not  have  time  to  devote  to  it.  But  I  think  there  is  no  objection  to  the  education  of  the 
freedmen.  The  people  object  to,  and  find  a  great  deal  of  fault  with,  missionaries  coming 
there  to  educate  their  blacks.  They  fancy  that  these  missionaries  interfere  with  other  mat 
ters,  in  the  relations  between  the  servant  and  his  employer.  They  express,  in  this  connex 
ion,  a  willingness  to  undertake  the  education  of  the  blacks  themselves  if  they  are  only  left 
alone.  I  think  there  is  an  element  in  Wilmington  that  would  urge  it  and  advocate  it. 
There  is  a  pretty  large  northern  and  Union  element  there. 

Question.  You  think  it  probable  that  if  these  missionaries  from  the  north  would  refrain 
from  going  there,  the  white  people  of  North  Carolina  would  go  to  work  with  alacrity  and  ed 
ucate  the  freedmen  ? 

Answer.  No,  sir ;  I  don't  think  they  would.  But  I  think  there  is  an  element  in  that  part 
of  the  State  that  is  disposed  to  effect  it.  We  are  building  up  quite  a  large  party  there.  Wil 
mington  was  settled  originally  from  New  England,  although  it  was  the  most  secessionist  part 
of  the  State.  The  old  residents  are  New  Englanders,  and  I  think  they  are  disposed  to  admit 
the  benefit  that  labor  derives  from  education.  On  the  last  Fourth  of  July  they  invited  me  to 
deliver  a  Fourth  of  July  oration,  at  which  we  had  a  very  large  attendance  of  all  classes  of 
people.  I  insisted  in  that  oration  that  they  should  go  to  work  and  educate  the  negroes,  and 
I  illustrated  the  benefits  of  their  education.  The  sentiment  was  loudly  applauded,  quite  as 
loudly  as  anything  else  I  have  said. 

Question.  Is  there  anything  else  you  would  like  to  state  ? 

Answer.  I  would  like  to  say  this,  that  if  the  question  of  the  rights  of  States  to  be  repre 
sented  in  Congress  could  be  settled  by  allowing  the  States  to  be  represented,  and  if  the  ques 
tion  should  be  confined  to  the  right  of  an  individual  to  represent  his  constituents;  in  other 
words,  if  any  person,  coming  here  with  proper  credentials  as  a  representative  from  a  southern 
district,  is  qualified  to  take  the  test  oath,  and  is  prepared  to  take  it,  his  admission  to  Con 
gress  would  have  a  very  beneficial  effect,  in  my  opinion.  The  people  down  there  think  that 
Congress  is  obliged  to  admit  representation,  but  that  it  has  the  right  to  judge  of  the  qualifi 
cation  of  its  own  members.  They  say  that  Congress  has  fixed  that  qualification  in  the  test 
oath,  and  that  if  they  send  a  man  to  Congress  who  is  willing  to  take  that  oath,  ('ungrrsshiis 
no  right  to  exclude  him.  They  say  that  that  is  unjust  and  hostile  to  their  section.  There 
fore,  instead  of  exercising  the  principle  of  loving  their  enemies,  they  leel  like  hating  them. 

Question.  Could  a  man  be  elected  in  any  district  in  North  Carolina  who  could  truthfully 
take  the  test  oath  ? 

Answer.  There  were  two  men  elected  in  the  State  who  could  take  the  oath.  In  my  dis 
trict  I  advocated  the  election  of  a  test  oath  man,  and  he  was  very  badly  beaten  at  the  last 
congressional  election.  The  argument  that  defeated  him  was  that  if  he  was  elected  he  would 
not  be  admitted,  that  Congress  would  not  even  admit  a  man  who  could  take  the  test  oath, 
and  that  they  might  as  well  elect  a  man  who  could  not. 

Question.  The  man  who  was  elected  had  been  an  out-and-out  secessionist,  had  he  ? 

Answer.  Yes. 

Question.  Are  not  the  persons  who  took  part  in  the  rebellion  more  popular  than  the  Union 
men? 

Answer.  Yes,  sir ;  decidedly  so.  A  test  oath  man,  as  we  call  him,  is  not  considered  a  rep 
resentative  man  in  the  south. 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  279 

Question.  Are  the  masses  of  the  people  of  North  Carolina  more  friendly  and  genial  to  the 
government  of  the  United  States,  or  less  so,  than  immediately  after  the  surrender  of  Lee  and 
the  collapse  of  the  rebellion  ? 

Answer.  I  think  that  immediately  after  the  surrender  there  was  an  enthusiastic  friendli 
ness  to  the  United  States.  Everybody  wanted  to  show  himself  to  be  a  Union  man;  that  he 
always  had  been  such,  and  never  anything  else.  That  enthusiasm  has  died  away,  and  I  do 
not  think  there  is  that  degree  of  friendliness  now  that  there  was  then,  although  the  displace 
ment  ofLfriendliness  does  not  give  place  exactly  to  unfriendliness. 

Question.  How  would  the  masses  of  the  people  of  North  Carolina  act,  if  they  had  the  power, 
in  reference  to  the  payment  of  the  debt  of  the  United  States,  contracted  in  putting  down  the 
rebellion?  Would  they  consent  to  pay  it  cheerfully  ? 

Answer.  I  think  they  would. 

Question.  Would  they  not  also  like  to  pay  the  rebel  debt,  contracted  to  carry  on  the  rebel 
lion  ? 

Answer.  I  think  not. 

Question.  Why  not  ? 

Answer.  The  rebel  debt  is  already  extinguished.  They  have  paid  it,  and  now  they  have 
got  to  pay  part  of  the  United  States  debt. 

Question.  How  have  they  paid  the  rebel  debt  ? 

Answer.  They  have  destroyed  their  bonds  or  thrown  them  away. 

Question.  Is  not  the  rebel  indebtedness  selling  rather  high  in  the  market  in  North  Caro 
lina? 

Answer.  The  last  I  heard  of  it,  it  was  selling,  I  think,  at  five  dollars  a  thousand.  There 
have  been  some  operations  in  it,  for  the  purpose,  I  fancy,  of  meeting  existing  contracts, 
abroad  or  elsewhere.  Parties  would  make  a  tender  of  payment  in  it  to  clear  their  skirts. 

Question.  Have  you  any  idea  what  amount  of  confederate  bonds  is  now  held  by  British 
capitalists  under  the  cotton  loan,  so  called  ? 

Answer.  No,  sir.     I  made  some  estimates,  but  I  do  not  recollect  them  now. 

Question.  There  is  a  large  amount  there,  I  suppose  ? 

Answer.  I  presume  there  is.  I  tried  to  get  hold  of  that  very  data  in  Richmond,  but  I  did 
not  find  it. 


WASHINGTON,  April  12,  1866. 
Dorence  Atwater  sworn  and  examined. 

By  Mr.  HOWARD: 

Question.  Where  were  you  born  and  raised? 

Answer.  Terryville,  Connecticut. 

Question.  What  has  been  your  education  ? 

Answer.  Common  school. 

Question.  Did  you  serve  in  the  army  during  any  part  of  the  war  ? 

Answer.  Yes. 

Question.  State  in  what  capacity  you  entered  the  army. 

Answer.  As  private  in  the  2d  New  York  cavalry. 

Question.  Where  did  you  serve  mainly  ? 

Answer.  In  the  army  of  the  Potomac. 

Question.  How  long? 

Answer.  Forty-four  months,  commencing  the  22d  of  August,  1861. 

Question.  Under  whom  did  you  serve  ? 

Answer.  General  Kilpatrick. 

Question.  State  whether  you  were  made  prisoner  by  the  enemy  ? 

Answer.  I  was  captured  near  Hagerstowu,  Maryland,  on  the  7th  of  July,  1863,  while  car 
rying  despatches  to  General  Kilpatrick. 

Question.  That  was  after  the  battle  of  Gettysburg  ? 

Answer.  Yes. 

Question.  Where  were  you  carried  as  a  prisoner  ? 

Answer.  To  Staunton,  and  from  there  to  Richmond  and  Belle  Isle.  I  remained  on  Belle 
Isle  live  months. 

Question.  Were  you  confined  in  Libby  prison  ? 

Answer.  Not  any  length  of  time.  I  only  stopped  there  one  or  two  nights.  I  was  in  Smith's 
building  about  six  weeks. 

Question.  What  was  Smith's  building. 

Answer.  Smith's  tobacco  manufactory.  That  was  where  I  kept  the  account  of  supplies 
received  from  our  government. 

Question.  That  is  not  what  was  called  Libby  prison  ? 

Answer.  No,  sir ;  there  were  about  a  dozen  tobacco  manufactories  there  used  as  prisons. 
I  kept  an  account  of  the  supplies  received  there  for  the  prisoners,  supplies  sent  from  the 
north,  and  the  stores  of  clothing  and  rations  sent  by  our  government. 


280  RECONSTRUCTION. 

Question.  Have  yon  any  reason  to  suppose  that  any  of  those  supplies  were  clandestinely 
made  way  with  by  the  rebels  ? 

Answer.  Yes,  sir. 

Question.  What  is  your  reason  for  thinking  so  ? 

Answer.  Because  I  have  seen  supplies  taken  away  by  them. 

Question.  By  the  rebel  soldiers  ? 

Answer.  I  have  seen  them  sent  away  by  the  officers  in  charge. 

Question.  Did  you  mention  the  fact  to  them  on  any  occasion  ? 

Answer.  No,  sir. 

Question.  Why  not? 

Answer.  Because  I  did  not  think  it  would  be  of  any  use. 

Question.  Of  what  did  those  supplies  mainly  consist? 

Answer.  Of  clothing  and  stores  received  from  our  government,  rations  the  same  as  were 
issued  to  our  army,  coffee  and  sugar,  &c.  What  was  sent  was  only  issued  once  or  twice 
and  the  rest  was  kept  by  the  rebels. 

Question,  Did  they  deal  in  the  same  way  with  the  private  supplies  sent  by  charitable  per 
sons  at  the  north  ? 

Answer.  Yes,  sir ;  I  used  to  go  down  to  the  express  building  where  these  boxes  sent  by 
express  were  kept.  The  rebels  used  to  open  the  boxes  every  time  they  came,  and  take  out 
the  citizens'  clothing.  They  only  allowed  the  prisoners  to  have  what  they  called  perishable 
articles.  Canned  fruits,  or  anything  of  that  kind,  they  would  not  let  the  prisoners  have  nor 
would  they  let  them  have  the  clothing. 

Question.  What  would  they  allow  them  to  have  ? 

Answer.  The  perishable  articles,  and  they  were  of  no  account. 

Question.  You  remained  in  Smith's  building  six  weeks ;  where  did  you  go  then  ? 

Answer.  I  was  sent  to  Andersonville,  Georgia. 

Question.  How  long  had  you  been  at  Belle  Isle  ? 

Answer.  Five  months,  from  August  till  January. 

Question.  How  far  is  Belle  Isle  from  Richmond  ? 

Answer.  It  is  just  across  the  river;  not  more  than  the  eighth  of  a  mile. 

Question.  State  how  the  prisoners  were  treated  and  how  they  fared  at  Belle  Isle  ? 

Answer.  There  were  tents  at  Belle  Isle.    The  prisoners  received  rations  once  a  day. 

Question.  What  kind  of  rations  ? 

Answer.  Corn-bread ;  a  quarter  of  a  loaf. 

Question.  How  made? 

Answer.  Mixed  with  water  and  salt. 

Question.  Was  it  ground  with  the  cob  ? 

Answer.  I  do  not  think  it  was.  We  also  got  bean  or  rice  soup,  and  meat  or  bacon,  two 
ounces  for  a  ration. 

Question:  How  much  soup  did  they  get? 

Answer.  Half  a  pint  of  soup. 

Question.  Was  it  well  cooked  and  clean  ? 

Answer.  No,  sir. 

Question.  Describe  it. 

_AnswL-r.  It  was  bean-soup  cooked  with  dirt  and  pods  in  the  mass.  There  would  be  over  a 
pint  of  beans  in  a  common  water-pail  of  soup.  The  rest  would  be  water  taken  from  the  James 
river,  and  muddy.  Sometimes  we  had  sweet  potatoes  thrown  into  the  kettle,  all  boiled  into  a 
mass,  and  baled  out  with  buckets. 

Question.  Were  many  of  the  prisoners  sick? 

Answer.  Yes ;  a  great  many  of  them  were  sick.  They  had  no  clothing  until  the  latter 
part  of  November,  when  some  was  received  from  our  lines.  I  saw,  one  morning,  eight  men 
who  were  frozen  to  death  during  the  night.  Men  would  be  walking  the  streets  all  night  to 
keep  warm.  I  saw  three  men  shot  while  I  was  there. 

Question.  For  what? 

Answer.  One  of  them  was  shot  for  sitting  down  in  the  inside  of  the  bank.  He  had  just 
come  in,  and  did  not  know  that  it  was  against  the  orders  to  sit  there.  The  guard  told  him 
to  get  up,  and  when  he  got  up,  the  guard  fired  and  killed  him. 

Question.  What  were  the  circumstances  in  the  two  other  cases  ? 

Answer.  One  was  a  sergeant  in  charge  of  a  working  squad.  Ho  walked  up  to  the  bank 
to  lay  out  some  lines,  and  the  guard  shot  him.  Another  man  who  was  crazy  ran  out  to  the 
sink  at  night ;  it  was  against  orders  to  go  to  the  sink  at  night. 

Question.  How  many  prisoners  were  there  at  Belle  Isle  ? 

Answer.  Between  ten  and  twelve  thousand. 

Question.  State  whether  there  was  a  deficiency  of  accommodation  for  their  lodging. 

Answer.  Yes,  sir ;  there  were  fourteen  of  us  at  one  time  in  a  small  bell-tent,  which  is  used 
in  our  army  for  four  men  ;  we  lay  on  the  dirt  all  the  time ;  we  had  no  straw  or  beds  of  any 
kind. 

Question.  What  time  were  these  eight  men  frozen  to  death? 

Answer.  In  December. 

Question.  Did  you  see  them  after  they  were  dead  ? 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  281 

Answer.  Yes,  sir. 

Question.  What  was  their  clothing  ? 

Answer.  They  had  no  shoes  or  stockings,  hats  or  caps — nothing  but  the  common  army 
blouse  and  blue  pants. 

Question.  Had  they  shirts  ? 

Answer.  I  should  think  they  had. 

Question.  How  do  you  know  they  were  frozen  to  death  ? 

Answer.  I  saw  them  carried  out,  and  knew  that  they  were  frozen.  I  saw  them  in  the 
street  before  they  were  taken  away.  I  saw  also  men  whose  feet  and  legs,  up  to  their  knees, 
were  frozen. 

Question.  Were  many  frozen,  either  to  death  or  partially  ? 

Answer.  Not  any  more  that  I  know  of,  except  those  that  I  have  spoken  of. 

Question.  Were  those  facts  made  known  to  the  officer  in  charge  of  the  prisoners  ? 

Answer.  Not  that  I  know  of. 

Question.  Were  they  not  made  known  to  the  surgeon  in  attendance  ? 

Answer.  The  surgeon  probably  knew  of  them,  because  the  bodies  were  carried  to  his  tent  or 
by  it. 

Question.  Did  you  notice  any  improvement  in  your  treatment  by  the  rebels  after  that  ? 

Answer.  No,  sir. 

Question.  State  whether  any  prisoners  died  of  starvation  at  Belle  Isle. 

Answer.  I  think  there  did. 

Question.  What  wa's  the  general  appearance  of  the  prisoners  there  in  the  months  of  Novem 
ber  and  December — healthy  or  the  reverse  ? 

Ans\yer.  They  were  very  poor,  weak,  ragged,  and  barefooted. 

Question.  What  effect  did  this  diet  produce  on  their  systems  1 

Answer.  It  produced  diarrhoea  and  scurvy. 

Question.  What  effect  did  it  have  on  you  ? 

Answer.  It  produced  diarrhoea. 

Question.  Did  you  get  any  medical  treatment  ? 

Answer.  I  went  out  three  times  to  see  the  surgeon.  It  was  hard  work  to  get  out.  We 
could  not  get  out  more  than  once  a  week,  and  we  did  not  have  medicine  enough  part  of  the 
time. 

Question.  Were  the  prisoners  removed  from  Belle  Isle  that  winter  ? 

Answer.  Yes ;  in  the  months  of  February  and  March. 

Question.  And  you  were  removed  with  them  ? 

Answer.  Yes,  sir ;  they  came  to  Richmond,  and  I  joined  them  there. 

Question.  Where  were  you  all  taken  to  ? 

Answer.  To  Andersonville,  Georgia. 

Question.  How  long  did  you  remain  a  prisoner  at  Andersonville  ? 

Answer.  Eleven  months.     I  left  there  February  2,  1865. 

Question.  Describe  the  treatment  and  fare  of  the  Union  prisoners  at  Andersonville. 

Answer.  They  were  enclosed  in  a  stockade,  which  at  first  contained  about  eighteen  acres, 
about  one-fourth  of  which  was  taken  up  by  a  swamp.  They  had  no  tents,  and  no  quarters 
there  except  some  made  by  prisoners  with  blankets  and  brush,  and  some  mud  huts.  Some 
times  we  received  corn  bread,  ground  cob  and  all,  baked,  or  just  the  meal  sent  in  without 
being  cooked,  and  the  men  had  to  cook  it  themselves.  They  got  bfean  or  rice  soup,  bacon 
and  fresh  meat  in  small  quantities,  not  to  exceed  two  ounces  to  the  ration. 

Question.  Did  you  have  much  fresh  meat  ? 

Answer.  No,  sir;  but  once  a  week. 

Question.  What  was  the  quality  of  the  fresh  meat  you  did  receive? 

Answer.  Very  poor. 

Question.  WThich  was  it — beef  or  pork? 

Answer.  Beef. 

Question.  What  was  the  quality  of  the  soup  ? 

Answer.  The  soup  was  cooked  in  water  in  which  bacon  and  fresh  meat  had  been  boiled  for 
two  or  three  days.  The  water  was  not  changed ;  it  was  dirty,  as  the  bacon  had  been  boiled  in 
it  just  as  it  was  taken  from  the  ash-house ;  the  beans  were  boiled  in  it  with  pods  and  dirt 

Question.  Was  it  filthy  ?  t 

Answer.  Yes,  sir. 

Question.  Was  this  kind  of  soup  used  habitually  ? 

Answer.  Yes,  sir;  everyday. 

Question.  This  kind  of  bread,  made  of  corn  ground  with  the  cob,  was  it  furnished  you 
habitually  ? 

Answer.  Yes,  sir;  bread  was  furnished  to  part  of  the  camp,  and  meal  of  the  same  kind 
to  the  other  part ;  they  could  not  cook  enough  of  it  for  all. 

Question.  State  whether  many  of  the  prisoners  were  ill. 

Answer.  Yes,  sir;  all  of  them  would  have  been  considered  fit  for  the  hospital  in  our  army, 

Question.  What  diseases  did  they  complain  of  mainly? 

Answer.  Diarrhoaa  and  scurvy  were  the  most  common  diseases. 

Question.  Could  you  eat  that  kind  of  bread  ? 


282  RECONSTRUCTION. 

Answer.  "We  had  to,  or  else  eat  nothing. 

Question.  Did  the  men  swallow  the  cob  which  was  found  in  the  bread  ? 

Answer.  Yes,  sir. 

Question.  Did  you  hear  of  any  remonstrance  on  the  part  of  the  rebel  military  authorities 
there  against  giving  such  bread  to  the  prisoners  ? 

Answer.  No,  sir. 

Question.  Nor  as  to  the  soup  ? 

Answer.  No,  sir. 

Question.  State  whether  there  was  a  great  deal  of  sickness  among  the  prisoners. 

Answer.  Yes,  sir ;  they  were  nearly  all  sick. 

Question.  Did  'deaths  occur  frequently  ? 

Answer.  Yes,  sir.  In  the  month  of  August,  1864,  the  deaths  averaged  a  hundred  a  day. 
The  hospital  was  almost  kept  full  continually,  with  2,500  patients. 

Question.  Was  the  hospital  within  the  stockade  ? 

Answer.  It  was,  at  first— for  the  first  three  months;  afterwards  it  was  moved  outside. 

Question.  What  was  the  quality  of  the  water  that  you  used  there,  and  how  was  it  obtained  ? 

Answer.  The  water  ran  through  the  middle  of  the  stockade  in  a  small  stream. 

Question.  How  much  current  had  it  ? 

Answer.  Not  enough  to  wash  away  the  filth  from  the  middle  of  the  stockade.  The  sinks 
of  the  rebel  camps  were  situated  on  its  banks  up  stream.  The  rebel  soldiers  used  to  wash 
and  bathe  in  the  stream.  The  cook-house  was  also  on  its  banks,  and  the  grease  from  it  could 
be  seen  on  the  water.  Afterwards  there  were  some  wells  dug  by  the  prisoners,  but  they  were 
filled  up  again  by  orders  of  the  rebels. 

Question.  Did  the  prisoners  obtain  water  by  digging  wells  ? 

Answer.  Yes. 

Question.  And  these  wells  were  filled  up  by  order  of  the  guard  ? 

Answer.  Yes,  sir  ;  nearly  all  of  them. 

Question.  In  what  direction  did  this  stream  flow  ? 

Answer.  From  west  to  east. 

Question.  And  through  that  stream  was  drained  the  filthy  water  from  the  slope  occupied  by 
the  rebel  camps  outside  the  stockade,  and  the  sinks  which  they  used? 

Answer.  Yes,  sir. 

Question.  And  the  current  of  that  stream,  sluggish  and  dull  as  it  was,  brought  down 
through  the  stockade  the  filth  which  thus  ran  into  it  ? 

Answer.  Y.es. 

Question.  And  the  Union  prisoners  were  compelled  to  use  the  water,  thus  corrupted,  for 
their  owrn  culinary  purposes,  and  for  drinking  and  washing  1 

Answer.  Yes,  sir. 

Question.  Was  any  remonstrance  made  against  their  treatment  by  the  Union  prisoners  ? 

Answer.  Yes. 

Question.  To  whom,  and  by  whom,  and  what  was  the  result  ? 

Answer.  Prisoners  spoke  to  the  captain  in  charge,  Wirz ;  but  nothing  was  ever  done  to 
remedy  the  evil. 

Question.  As  to  lodging,  and  protection  against  the  damp  and  cold,  what  were  the  provi 
sions  in  the  stockade  ? 

Answer.  Nothing.  If  a.  prisoner  had  a  blanket  or  piece  of  tent  when  he  went  in  there,  he 
made  use  of  it  as  a  shelter.  A  great  many  of  the  prisoners  dug  holes  in  the  banks,  or  made 
mud  and  brush  huts. 

Question.  Was  there  any  brush  or  trees  inside  the  stockade  ? 

Answer.  There  were  a  few  pine  trees  when  we  first  went  there,  but  these  were  all  cut  down 
by  the  prisoners. 

Question.  Did  they  make  a  request  to  be  supplied  with  tents  or  covering  of  any  kind  ?  _ 

Answer.  They  reqiiested  to  be  allowed  to  go  out  and  get  brush  and  sticks  enough  to  build 
quarters,  but  they  were  not  allowed.  They  did  not  get  wood  enough  to  cook  their  rations  with. 

Question.  How  did  you  supply  yourselves  with  fuel  to  cook  your  rations  ? 

Answer.  Details  of  two  or  three  men  from  each  squad  of  a  hundred  went  out  to  get  wood. 
I  have  seen  men  eat  meal  stirred  up  with  water  without  being  cooked,  because  they  could 
not  get  wood  to  cook  it  with. 

Question.  Have  you  seen  them  eat  uncooked  meat  ? 

Answer.  No,  sir ;  the  meat  was  generally  cooked  before  it  was  sent  in. 

Question.  How  many  prisoners  had  you  in  the  stockade  at  one  time  1 

Answer.  Thirty-three  thousand. 

Question.  The  masses  of  men  nearly  covered  the  whole  area  inside  the  stockade  ? 

Answer.  Yes,  sir,  all  of  it  that  could  be  occupied  ;  part  of  the  swamp  could  not  be  occupied. 

Question.  Was  that  swamp  marshy  and  muddy  ? 

Answer.  Yes,  sir. 

Question.  How  large  a  portion  of  the  area  of  the  stockade  was  of  that  description  ? 

Answer.  One-fourth  of  it. 

Question.  That  was  so  marshy  that  the  men  could  not  walk  or  stand  in  it  ? 

Answer.  Yes,  sir.     The  stockade,  which  was  at  first  eighteen  acres,  was  afterwards  en- 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  283 

larked  by  nine  acres,  making  it  twenty-seven  acres.  That  was  in  the  latter  pare  of  August 
I  think. 

Question.  Who,  besides  Wirz,  had  charge  of  those  prisoners  ? 

Answer.  There  was  a  Lieutenant  Davis  who  had  charge  at  the  time  Wirz  was  sick  ;  he  was 
the  only  one.  General  Winder  was  in  charge  of  the  prison ;  his  headquarters  were  there  at 
Andersonville. 

Question.  Did  you  ever  see  him  ? 

Answer.  Yes. 

Question.  Did  he  ever  come  into  the  stockade  ? 

Answer.  Yes. 

Question.  Did  you  ever  see  him  inside  the  stockade  ? 

Answer.  Yes. 

Question.  How  often  ? 

Answer.  I  never  saw  him  inside  the  stockade  but  once. 

Question.  HOAV  did  you  know  it  was  Winder  you  saw  ? 

Answer.  Because  I  had  seen  him  in  Richmond  while  I  was  there. 

Question.  So  that  you  had  no  doubt  of  his  identity  ? 

Answer.  No,  sir. 

Question.  Did  you  ever  witness  any  acts  of  cruelty  on  the  part  of  Wirz  towards  prisoners  ? 

Answer.  Yes,  sir.  When  prisoners  were  received  there  after  the  battles  of  Spottsylvania 
and  the  Wilderness,  I  have  seen  them  compelled,  although  wounded  and  sick,  to  stand  in 
line  for  two  or  three  hours ;  and  if  any  of  them  attempted  to  sit  down  he  would  draw  his 
revolver  and  threaten  to  shoot  them.  I  saw  one  man  whom  he  shot  while  running  away. 
He  shot  him  through  the  leg. 

Question.  Relate  the  incident? 

Answer.  He  was  a  man  on  parole  whom  they  called  Frenchy.  He  ran  away.  Wirz  started 
after  him  with  the  man  who  had  charge  of  the  hounds.  They  caught  him  in  the  swamp,  and 
Wirz  shot  him  through  the  leg  and  brought  him  back  again. 

Question.  Is  there  any  other  act  of  his  that  you  think  of? 

Answer.  He  had  a  chain-gang  there,  which  had  at  one  time  twelve  men  attached  to  it,  with 
a  large  ball  in  the  centre  and  a  chain  running  from  that  large  ball  to  the  leg  of  each  prisoner, 
with  a  small  ball  and  chain  attached  to  the  other  leg.  It  commenced  with  two  men  chained 
to  the  ball,  and  they  kept  on  adding  others  to  it.  Each  time  a  new  man  was  put  in  they 
had  to  walk  a  mile  to  the  blacksmith's  shop,  having  to  drag  this  ball  and  chain  through  the 
hot  sand.  One  man  died  with  the  chain  upon  him. 

Question.  Was  that  treatment  inflicted  as  a  punishment  for  misconduct  ? 

Answer.  Yes,  sir;  for  running  away  and  trying  to  escape  from  the  stockade. 

Question.  Did  you  witness  any  other  acts  of  cruelty  toward  prisoners  ? 

Answer.  I  recollect  Wirz  having  two  men  bucked  and  gagged  in  the  hospital,  who  had 
charge  of  a  ward,  for  not  reporting  men  who  ran  away.  He  used  to  have  men  put  up  in  the 
stocks,  where  they  would  have  to  stand  with  their  heads  through  the  stocks  for  two  hours; 
then  they  would  change  positions  and  lie  on  their  backs  with  their  feet  up  in  the  stocks,  in 
the  sun,  without  any  shade. 

Question.  Was  that  a  very  painful  punishment  ? 

Answer.  Yes. 

Question.  Do  you  think  of  anything  else  as  to  his  treatment  of  prisoners  ? 

Answer.  No,  sir. 

Question.  Did  you  keep  lists  of  the  burial  of  Union  prisoners  there  ? 

Answer.  Yes. 

Question.  Relate  in  what  way  you  kept  those  lists  ? 

Answer.  On  the  15th  of  June,  1864, 1  was  paroled  and  detailed  by  the  surgeon,  Dr.  White, 
to  keep  the  record  of  Union  soldiers  who  died  daily  and  were  buried  there.  According  to  the 
lists  which  I  kept,  there  were  buried  there,  from  29th  February,  1864,  until  my  release, 
12,630  Union  prisoners. 

Question.  Relate  minutely  how  you  kept  those  lists  ? 

Answer.  As  the  prisoners  died  a  label  was  pinned  upon  each,  giving  his  name,  rank,  com 
pany,  and  regiment,  and  date  of  death ;  this  was  sent  with  the  body  to  the  cemetery ;  as  the 
bodies  were  placed  in  the  trench,  the  sexton  took  off  the  labels  and" brought  them  to  me.  A 
list  was  also  sent  to  me  from  the  hospital. 

Question.  Were  these  labels  numbered  ? 

Answer.  They  were,  at  first;  but  afterwards  we  numbered  them  after  they  came  in.  The 
list  received  from  the  hospital  steward  was  compared  with  the  labels  to  see  that  they  agreed. 
The  names  were  put  on  the  register  in  rotation,  as  the  bodies  were  buried. 

Question.  Did  you  make  the  register  from  those  materials  ? 

Answer.  Yes,  sir. 

Question.  For  whose  use  did  you  make  the  register  ? 

Answer.  For  the  rebels. 

Question.  What  became  of  the  register  ? 

Answer.  It  was  afterwards  captured  by  General  Wilson — a  part  of  it. 

Question.  Did  the  register  consist  of  more  than  one  volume  ? 


2  84  RECONSTRUCTION. 

Answer.  Yes,  sir;  there  were  a  number  of  volumes— five,  I  think.  At  the  same  time  that 
I  was  keeping  the  register  I  made  monthly  and  quarterly  reports.  The  monthly  report  was 
for  the  surgeon  general  at  Richmond  The  quarterly  report  was  said  to  be  for  our  govern 
ment.  It  was  said  that  it  was  to  be  sent  to  our  lines. 

Question.  Who  said  so? 

Answer.  The  surgeon  in  charge,  Dr.  White,  told  me  so,  and  his  successor,  Dr.  Stephenson. 

Question.  Do  you  know  whether  those  quarterly  reports  ever  reached  our  government? 

Answer.  I  have  been  told  since,  by  the  assistant  adjutant  general,  that  they  did  not. 

Question.  State  whether  you  made  any  copies  of  your  register,  or  of  the  lists  of  the  dead. 

Answer.  About  the  latter  part  of  August  I  began  to  copy  the  lists  of  deaths  from  the  re 
gister.  I  thought  that  if  our  government  was  aware  of  the  numbers  that  were  dying  there,  ii 
would  make  some  efforts  to  exchange  the  prisoners.  I  did  not  think  the  reports  that  were 
made  out  were  received  by  our  government. 

Question.  And  as  a  precaution  against  that,  you  made  copies  of  your  register  ' 

Answer.  Yes,  sir. 

Question.  Was  it  known  by  the  rebel  officers  that  you  were  making  those  copies  ? 

Answer.  No,  sir. 

Question.  How  did  you  conceal  the  fact  from  them? 

Answer.  I  used  to  copy  them  when  the  surgeons  were  out  of  the  office.  I  did  not  attempt 
to  copy  them  while  they  were  in. 

Question.  How  far  did  you  copy  them  ? 

Answer.  Up  to  the  1st  of  February,  1865.     I  left  on  the  2d. 

Question.  And  where  did  you  begin  ? 

Answer.  I  began  from  the  27th  of  February,  1864. 

Question.  Those  copies  you  have  now  in  your  possession  ? 

Answer.  Yes,  sir. 

Question.  You  produce  them  here  on  your  examination  ? 

Answer.  Yes. 

(Witness  here  produces  the  copies  of  the  register,  written  on  coarse  buff  paper,  closely  ruled, 
and  of  large  folio  size.) 

Question.  These  are  the  copies  which  you  actually  made  there  at  Andersonville  ? 

Answer.  Yes,  sir. 

Question.  Did  you  copy  them  correctly  and  carefully  ? 

Answer.  Yes,  sir. 

Question.  How  did  you  manage  to  conceal  those  papers  while  you  were  there  ? 

Answer.  I  kept  them  hid  in  my  tent,  in  a  box  which  I  had  under  my  bunk. 

Question.  And  when  you  came  away,  how  did  you  manage  to  carry  off  the  papers  with 
you? 

Answer.  I  carried  them  away  in  my  bundle.  I  went  on  parole  from  there.  That  was  pro 
bably  the  reason  I  was  not  searched  before  leaving.  I  was  going  from  Andersonville  to  Co 
lumbia,  S.  C.,  to  keep  the  records  there,  at  the  hospital  about  being  built. 

Question.  And  you  carried  these  copies  along  with  you  in  your  bundle  ? 

Answer.  Yes,  sir. 

Question.  There  was  no  attempt  made  to  search  you,  or  examine  your  bundle  ? 

Answer.   No,  sir. 

Question.  You  took  them  to  Columbia? 

Answer.  No,  sir ;  we  did  not  get  to  Columbia ;  Sherman  got  there  before  us.  I  was  pa 
roled  at  Andersonville  to  go  to  Columbia,  S.  C.;  that  is,  that  I  should  not  attempt  to  esi-jpe. 
We  went  to  Wynnesborough,aud  fronithereto  Salisbury  prison.  I  remained  there  over  night 
and  started  next  day  forGoldsborough.  FromGoklsborough  I  was  paroled  again  regularly  lor 
change,  aud  went  to  Wilmington,  N.  C.  I  remained  there  two  or  three  days  and  came  to 
Annapolis,  Mary  land. 
.  Question.  Where  were  you  exchanged,  if  at  all  ? 

Answer.  I  do  not  know  whether  I  was  ever  exchanged  at  all  or  not. 

Question.  And  you  brought  these  papers  along  with  you  in  your  bundle  ? 

Answer.  Yes,  sir. 

Question.  And  no  one  examined  your  bundle  on  the  way  ? 

Answer.  No,  sir. 

Question.  Did  you  show  these  papers  to  any  one  on  your  way  to  Annapolis  ? 

Answer.  No,  sir. 

Question.  Did  you  open  your  bundle? 

Answer.  Yes,  sir,  on  the  steamer  coming  from  Wilmington  to  Annapolis,  to  get  some  ar 
ticles  which  I  had  in  the  bundle. 

Question.  When  did  you  tirst  exhibit  these  papers,  and  to  whom? 

Answer.  At  Annapolis,  Maryland,  to  the  adjutant  in  charge  of  paroled  prisoners  there ;  I 
do  not  recollect  his  namo. 

Question.  Did  you  deliver  them  to  him? 

Answer.  No,  sir. 

Question.  Did  he  examine  them  ? 

Answer.  Yes.     The  reason  I  came  to  show  them  to  him  was  this  :  I  made  application  to 


VIRGINIA — NORTH   CAROLINA SOUTH   CAROLINA.  285 

the  Secretary  of  War  for  a  furlough  of  thirty  days,  in  order  to  get  the  lists  published,  and 
the  adjutant  certified  on  my  letter  that  he  had  examined  these  rolls,  and  that  my  statement 
was  true. 

Question.  Did  you  ever  get  an  answer  to  that  letter? 

Answer.  No,  sir. 

Question.  Did  you  stay  at  Annapolis  ? 

Answer.  I  received  a  furlough  next  day  from  the  colonel  in  charge.  The  reason  of  my 
making  application  to  the  Secretary  of  War  Avas,  that  my  time  had  been  out  seven  months, 
and  soldiers  whose  time  was  out  were  not  entitled  to  furlough.  They  were  to  be  kept  there 
and  discharged. 

Question.  Where  did  you  go  ? 

Answer.  I  went  to  my  home  in  Terryville,  Connecticut. 

Question.  Taking  the  papers  with  you  ? 

Answer.  Yes,  sir. 

Question.  Did  you  show  them  to  anybody  in  Connecticut  ? 

Answer.  My  father  showed  them  during  my  sickness.  I  was  taken  sick  the  next  day 
after  my  arrival,  and  was  sick  until  I  started  for  Washington,  on  the  13th  of  April.  On  the 
l*2th  of  April  I  received  a  letter  and  telegraph  despatch  from  the  War  Department,  asking 
me  to  come  to  Washington  and  bring  my  records,  and  stating  that  if  the  records  were  found 
acceptable  I  should  be  suitably  rewarded.  I  started  on  the  13th  of  April,  and  came  to 
Washington  with  the  papers. 

Question.  To  whom  did  you  report  ? 

Answer.  To  the  Assistant  Adjutant  General,  Colonel  Breck. 

Question.  What  took  place  between  yourself  and  Colonel  Breck  ? 

Answer.  Colonel  Breck  stated  that  he  had  been  authorized  by  the  Secretary  of  War  to 
pay  me  three  hundred  dollars  for  the  records.  I  told  the  Assistant  Adjutant  General  that  I 
did  not  wish  to  sell  them,  but  wished  to  get  them  published. 

Question.  What  reply  did  he  make  ? 

Answer.  He  said  that  if  I  undertook  to  get  them  published,  the  War  Department  would 
call  them  contraband  matter  and  confiscate  them. 

Question.  State  all  that  took  place. 

Answer.  He  said  I  could  have  till  nine  o'clock  next  morning  to  make  up  my  mind  whether 
or  not  I  would  take  three  hundred  dollars  for  the  records. 

Question.  Did  you  produce  them  to  him? 

Answer.  When  I  first  called  at  his  office  Colonel  Breck  was  absent,  and  I  left  them  there. 
I  told  him  that  if  he  would  give  me  three  hundred  dollars  and  a  clerkship,  and  give  me  the 
records  back  again  as  soon  as  they  were  copied,  he  could  take  them  and  have  them  copied. 
He  agreed  to  that  proposal.  I  was  then  discharged  from  my  original  enlistment  and  was  to 
enlist  in  the  general  service  in  order  to  get  the  clerkship. 

Question.  Did  you  so  enlist  ? 

Answer.  Yes.  I  was  sworn  in  afterwards.  Then  I  was  permitted  to  go  home,  and  return 
for  duty  the  first  of  June. 

Question.  Did  you  go  home  ? 

Answer.  Yes.  While  at  home  I  made  a  draught  of  the  Andersonville  cemetery,  giving 
the  first  and  last  number  of  each  grave,  showing  how  the  men  were  buried,  and  stating  that 
if  the  government  would  furnish  headboards  and  materials,  I  would  have  them  lettered  and 
erected  at  Andersouville  instead  of  doing  clerical  duty.  To  that  I  never  received  any  reply. 

Question.  Did  you  come  back  to  Washington  ? 

Answer.  Yes ;  the  first  of  June  I  entered  on  my  duties  at  the  War  Department. 

Question.  What  took  place  then  ? 

Answer.  Before  coming  to  Washington  I  telegraphed  to  Colonel  Breck  asking  if  the  rolls 
•were  copied,  and  received  an  answer,  "not  yet."  After  my  arrival,  I  went  to  him  several 
times  asking  if  the  rolls  were  copied.  He  told  me  they  were  not.  I  then  asked  him  to  let 
me  take  out  sheets  to  copy  them  after  business  hours.  He  said  he  would  have  to  see  General 
Towusend  about  that.  Some  days  afterwards  I  met  him  and  asked  him  if  he  had  seen  General 
Townsend.  He  said  he  had  not.  I  then  wrote  him  a  note  asking  if  he  did,  or  did  not,  in 
tend  to  give  back  my  Andersouville  records.  I  had  promised  that  they  should  be  published 
in  the  best  manner,  for  the  benefit  of  the  public.  He  returned  my  letter  with  an  indorsement 
by  Colonel  Breck,  stating  that  he  had  fully  explained  the  matter  to  General  Towusend,  and 
that  General  Townsend  said  the  lists  should  not  be  copied  for  any  traffic  whatever.  I  saw 
Colonel  Breck  in  a  day  or  two  afterwards.  He  asked  me  if  I  had  received  his  note  ?  I  told 
him  I  had.  He  wished  to  know  if  that  was  satisfactory.  I  told  him  it  was  not,  and  that  I 
should  see  further  what  could  be  done  about  getting  them.  That  was  all  that  was  said  about 
them  until  the  expedition  was  started  for  Andersonville. 

Question.  By  whom  ? 

Answer.  By  Miss  Barton.  The  original  records  captured  by  General  Wilson  wore  found 
deficient  in  one  book  containing  about  two  thousand  five  hundred  names.  I  told  Captain 
Moore,  assistant  quartermaster,  who  had  charge  of  the  working  party,  that  my  records  would 
supply  this  deficiency.  He  went  to  the  War  Department  and  got  an  order  from  Colonel 
Bxeck  to  get  these  records,  and  they  were  sent  to  Audersonville. 


286  RECONSTRUCTION. 

Question.  With  whom  ? 

Answer.  With  Captain  Moore.  While  at  Andersonville  these  records  were  in  my  posses 
sion  nearly  all  the  time.  I  went  with  the  expedition,  in  company  witli  Miss  Banna.  I  went 
to  designate  the  graves ;  and  these  copies  were  in  my  possession  much  of  the  time,  with  the 
exception  of  the  time  that  the  missing  portion,  containing  about  two  thousand  rive  hundred 
names,,  was  being  copied. 

Question.  Were  the  graves  marked  while  you  were  there  ? 

Answer.  Yes. 

Question.  So  as  to  compare  with  those  records  which  you  had  copied  ? 

Answer.  There  were  boards  marked  according  to  the  numbers.  I  cannot  say  whether  or 
not  they  were  erected  right. 

Question.  According  to  the  numbers  in  your  register  ? 

Answer.  Yes. 

Question.  Was  not  the  purpose  to  mark  them  in  accordance  with  your  numbers  ? 

Answer.  Yes,  sir. 

Question.  What,  then,  became  of  those  copies  of  yours  ? 

Answer.  When  the  work  was  done,  the  records  were  in  my  possession,  and  were  brought 
by  me  to  Washington.  On  my  arrival  at  Washington  I  reported  to  the  War  Department. 
Colonel  Breck  asked  me  if  I  had  the  Andersonville  record  that  was  copied  by  me.  I  told 
him  I  had.  He  asked  me  if  I  had  returned  them  to  Mr.  Henry,  of  the  War  Department, 
who  had  charge  of  them.  I  told  him  I  had  not.  I  asked  him  if  I  could  keep  them,  as  the 
rolls  had  been  copied  according  to  the  agreement  with  the  War  Department.  He  told  me 
that  if  I  would  pay  back  the  -$300  that  was  paid  to  me  I  might  keep  them  ;  otherwise  I  must 
give  them  up.  I  asked  him  if  he  did  not  agree  to  give  them  back  as  soon  as  they  were 
copied.  He  said  he  did  ;  but  that  I  was  going  to  set  myself  up  in  business  by  publishing 
them,  and  that  they  did  not  consider  themselves  bound  by  the  agreement. 

Question.  What  then  occurred  ? 

Answer.  I  then  started  to  go  to  see  Secretary  Stanton.  He  said  he  inferred  from  what  I 
said  that  I  did  not  intend  to  give  up  the  rolls.  I  told  him  I  did  not ;  that  I  would  go  fur 
ther  to  see  about  it.  He  said  I  would  not  go  any  further  than  the  old  Capitol  unless  I 
would  give  them  up.  He  sent  to  the  provost  marshal,  and  had  a  guard  come  and  arrest  me. 

Question.  Where  were  you  then  sent  ? 

Answer.  To  the  guard-house  below  the  War  Department.  I  remained  there  two  days  and 
nights,  and  then  I  was  sent  to  the  old  Capitol  prison. 

Question.  How  long  did  you  stay  there  1 

Answer.  I  stayed  there  about  a  month. 

Question.  Were  charges  preferred  against  you  ? 

Answer.  Charges  were  preferred  against  me  by  the  Adjutant  General  for  larceny,  and  I 
was  tried  before  a  court-martial. 

Question.  Larceny  of  what  ? 

Answer.  Stealing  the  records  that  were  copied  by  me  at  Andersonville  while  I  was  a 
prisoner. 

Question.  Have  you  a  copy  of  the  charges  with  you  ? 

Answer.  Yes. 

(Witness  produces  a  copy  of  the  record  of  the  court-martial,  which  is  attached  to  his  tes 
timony.  ) 

I  was  convicted  before  that  court-martial  and  sentenced  to  be  imprisoned  for  eighteen 
months ;  to  pay  a  fine  of  $300,  and  to  remain  in  prison  till  the  fine  was  paid  and  the  rolls 
given  up  or  returned  to  the  War  Department ;  to  be  dishonorably  discharged  from  the  general 
service,  and  to  -forfeit  all  pay  and  allowances  due. 

Question.  Were  you  committed  to  the  penitentiary  ? 

Answer.  Yes. 

Question.  Where? 

Answer.  Auburn,  New  York. 

Question.  How  long  did  you  stay  there  ? 
•    Answer.  A  little  over  two  mouths  ;  from  the  26th  of  September  until  the  last  of  November. 

Question.  How  did  you  get  away  ? 

Answer.  I  was  released  under  the  general  pardon  of  the  President. 

Question.  Then  you  came  back  to  Washington? 

Answer.  No,  sir  ;  I  went  to  New  Haven,  Connecticut,  and  found  that  the  records  of  An 
dersonville  had  never  been  published.  I  immediately  went  to  work  and  arranged  them  al 
phabetically  according  to  States;  and  they  were  published  by  the  New  York  Tribune  asso 
ciation. 

Question.  State,  with  positive  truth  and  accuracy,  so  far  as  you  are  able,  how  these  pa 
pers  came  into  your  possession  at  Audersonville  when  you  were  there  on  the  expedition 
with  which  Miss  Barton  was  connected. 

Answer.  I  was  looking  for  missing  men  on  Miss  Barton's  first  rolls.  I  was  requested  by 
her  to  do  so.  There  was  a  sick  man  in  the  tent  which  I  occupied,  and  I  was  taking  care  of 
him,  and  at  intervals  I  was  looking  for  missing  men  on  her  rolls.  These  copies  were  in  my 


VIRGINIA — NORTH   CAROLINA — SOUTH   CAROLINA.  287 

possession  all  the  time,  with  the  exception  of  the  time  they  were  being  copied  by  Captain 
Moore's  clerks  ;  the  2,500  names.  That  was  at  Andersouville. 

Question.  Who  put  them  into  your  possession  ? 

Answer.  The  first  day  after  our  arrival  there  I  copied  names  for  the  letterers  from  the 
original  record,  and  that  night,  when  I  got  through,  I  took  charge  of  those  records  and  put 
them  in  my  tent. 

Question.  Those  records  were  then  in  your  possession  while  you  were  copying  them  ? 

Answer.  Yes. 

Question.  Was  Captain  Moore  present  ? 

Answer.  No,  sir. 

Question.  Was  that  in  Moore's  tent  ? 

Answer.  No,  sir  ;  it  was  in  the  office. 

Question.  Who  brought  them  into  the  office  ? 

Answer.  Myself. 

Question.  From  where  ? 

Answer.  They  were  carried  in  a  large  box,  with  the  other  records,  and  the  box  was 
brought  into  the  office  from  the  depot. 

Question.  Who  opened  the  box  ? 

Answer.  I  think  I  opened  it. 

Question.  .Had  you  the  key  to  it  ? 

Answer.  No,  sir ;  it  was  nailed. 

Question.  Did  you  open  it  by  the  authority  of  Captain  Moore  ? 

Answer.  Yes,  sir. 

Question.  And  you  brought  them  off  with  you  ? 

Answer.  Yes.  The  box  that  was  sent  there  with  the  original  registers  was  taken  away 
by  a  captain  on  General  Wilson's  staff  for  the  military  commission  that  was  trying  Wirz. 
There  was  no  place  to  put  mine,  as  the  box  was  taken  away.  No  question  was  ever  asked 
about  these  copies  till  I  came  back  to  Washington. 

Question.  Who  appeared  against  you  as  witnesses  on  the  trial  at  which  you  were  con 
victed  ? 

Answer.  Colonel  Breck,  Mr.  Henry,  (a  clerk  in  the  War  Department,)  Captain  Moore,  and 
two  of  Captain  Moore's  clerks. 

Question.  Were  those  clerks  at  Andersonville  on  that  expedition  ? 

Answer.  Yes,  sir. 

Question.  Were  they  the  only  witnesses  ? 

Answer.  I  think  there  was  a  Mr.  Hess,  of  the  War  Department. 

Question.  And  was  their  testimony  the  only  evidence  given  against  you  ? 

Answer.  Yes. 

Question.  Were  those  copies  produced  before  the  court  on  your  trial  ? 

Answer.  No,  sir. 

Question.  Where  were  they  then  ? 

Answer.  I  do  not  know. 

Question.  Were  they  in  your  possession  or  control  ? 

Answer.  They  were  under  my  control. 

Question.  Did  you  ever  pay  back  the  $300  ?  • 

Answer.  No,  sir. 

Question.  Is  there  anything  else  that  you  wish  to  state  ? 

Answer.  Nothing  else  that  I  think  of. 

The  following  is  a  copy  of  the  court-martial  record  referred  to  in  the  foregoing  testimony  : 

Proceedings  of  a  general  court-martial  converted  at   Washington,  District  of  Columbia,  by 
virtue  of  the  following  Special  Order  : 

Special  Order  174. — (Extract. 

MILITARY  DIVISION,  DEPARTMENT  OF  WASHINGTON. 

Washington,  D.  C.,  July  19,  1865. 

A  general  court-martial  is  hereby  appointed,  to  meet  in  this  city,  on  July  25,  J865,  or  as 
soon  thereafter  as  practicable,  for  the  trial  of  such  persons  as  may  be  brought  before  it. 

DETAIL  FOR  THE  COURT. 

Lieutenant  Colonel  Jeffrey  Skinner,  2d  Connecticut  heavy  artillery;  Captain  O.  F.  Bliss, 
2d  New  York  heavy  artillery;  Captain  S.  M.  Kinney,  2d  Connecticut  heavy  artillery ;  Cap 
tain  H.  E.  Richmond,  4th  New  York  heavy  artillery ;  Captain  C.  R.  Bannan,  1st  Couuec- 


288  REC  ONSTRUCTION. 

ti cut  heavy  artillery;  Lieutenant  H.  Barber,  15th  New  York  heavy  artillery ;  Lieutenant 
J.  Talcott,  1st  Connecticut  heavy  artillery;  Lieutenant  M.  R.  Blodgett,  (judge  advo 
cate,  )  4th  New  York  heavy  artillery. 

******  * 

By  command  of  Major  General  Augur. 

R.  CHANDLER,  A.  A   G.. 

Lieutenant  J.  Barber,  Lieutenant  Colonel  J.  S.  Skinner,  and  Captain  S.  M.  Kinney  re 
lieved  from  the  detail.  Lieutenant  Colonel  Lamoreaux,  Captain  Ball,  and  Lieutenant  James 
Buckle  detailed  in  their  stead  by  the  foregoing  authority. 

The  court  uiet,  September  3,  pursuant  to  the  foregoing  order  and  adjournment.  Present : 
All  the  members  of  the  court,  and  the  judge  advocate. 

The  court  proceeded  to  the  trial  of  Private  Dorence  Atwater,  general  service  United  States 
army,  who  was  called  before  the  court,  and,  having  heard  the  order  appointing  the  court 
read,  was  asked  if  he  had  any  objection  to  any  member  named  in  the  order,  replied  in  the 
negative. 

The  members  of  the  court  were  then  duly  sworn  by  the  judge  advocate,  and  the  ji 
advocate  was  duly  sworn  by  the  presiding  officer  of  the  court  in  the  presence  of  the  accu 

The  accused  applied  to  the  court  to  be  allowed  to  introduce  H.  H.  Mason,  esq.,  as  his 
counsel ;  which  application  was  granted,  and  he  appeared  as  counsel  for  the  accused! 

The  accused  was  arraigned  on  the  following  charges  and  specifications  : 

CHARGE  1. — Conduct  to  the  prejudice  of  good  order  and  military  discipline. 

Specification. — In  this :  that  Private  Dorence  Atwater,  general  service  United  States  army, 
did,  unlawfully  and  without  authority,  seize  and  take  from  the  tent  and  quarters  of  Captain 
James  M.  Moore,  assistant  quartermaster  United  States  army,  certain  property  of  the  United 
States,  then  and  there  in  the  proper  charge  and  custody  of  the  said  Captain  J.  M.  Moore,  to 
wit :  a  certain  document,  consisting  of  a  list,  written  upon  about  twenty-four  sheets  of  paper, 
of  federal  prisoners  of  war,  who  had  died  at  Andersonville,  Georgia;  the  same  having  been 
~re] i ared  by  said  Atwater  while  a  prisoner  at  said  Andersonville,  and  sold  and  disposed  of 
iy  him  to  the  United  States  for  the  sum  and  price  of  three  hundred  dollars,  arid  did  appro 
priate  and  retain  the  said  property  to  his  own  use.  This  at  Andersouville,  Georgia,  on  or 
about  the  Kith  day  of  August,  1865. 

CHARGE  2. — Larceny. 

Specification.— In  this :  that  Private  Dorence  Atwater,  general  service  United  States  army, 
did,  unlawfully  and  feloniously,  take  and  steal  from  Captain  James  M.  Moore,  assistant 
quartermaster  United  States  army,  certain  personal  property  of  the  United  States,  being 
then  (and)  in  the  proper  charge  and  custody  of  him,  the  s,aid  Captain  J.  M.  Moore,  and  of 
the  value  of  three  hundred  dollars,  to  wit:  a  certain  written  document,  consisting  of  a  list, 
written  upon  about  twenty-four  sheets  of  paper,  of  federal  prisoners  of  war  who  had  died  at 
Andersonville,  Georgia,  which  said  list  had  been  prepared  by  said  Atwater  while  a  prisoner  at 
said  Andersonville,  Georgia,  and  sold  and  disposed  of  by  him  to  the  United  States  for  the 
sum  and  price  of  three  hundred  dollars,  and  did  appropriate  and  retain  the  said  property  to 
his  own  use.  This  at  or  near  Andersonville,  Georgia,  on  or  near  the  16th  day  of  August, 
1865. 

SENTENCE. 

The  court  does,  therefore,  sentence  him,  Dorence  Atwater,  general  service  L'nited  States 
army,  to  be  dishonorably  discharged  from  the  United  States  service,  with  loss  of  all  pay  and 
allowances  now  due ;  to  pay  a  fine  of  three  hundred  (300)  dollars ;  to  be  confined  at  hard 
labor,  for  the  period  of  eighteen  (J8)  months,  at  such  a  place  as  the  Secretary  of  War  may 
direct;  to  furnish  to  the  War  Department  the  property  specified  in  the  '2d  specification  as  the 
property  stolen  from  Captain  J.  M.  Moore,  assistant  quartermaster  United  States  army,  and 
to  stand  committed  at  hard  labor  until  the  said  fine  is  paid,  and  the  said  stolen  property  is 
furnished  to  the  War  Department. 

L.  B.  LAMOREAUX, 
Brevet  Lt.  Col.  2rf  N.  Y.  Art'y,  President  of  Court. 

M.  R.  BLODGETT, 
Lt.  4th  N.  Y.  ArCy,  Judge  Advocate. 

The  proceedings,  findings,  and  sentence  in  the  foregoing  case  are  approved  and  confirmed 
The  sentence  will  be  executed  at  such  place  as  the  Secretary  of  War  may  designate. 

C.  C.  AH; I  K." 
Mnjor  General  U,  S.  I'ols.,  Commanding  Dep't. 


I 


VIRGINIA — NORTH    CAROLINA SOUTH    CAROLINA.  289 

WASHINGTON,  April  19,  1866. 
Major  H<nry  C.  Lawrence  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Please  state  your  age,  residence,  and  usual  occupation. 

Answer.  I  am  fifty  years  of  age ;  my  residence  is  in  Warren  county,  Illinois,  and  my  usual 
occupation  is  that  of  a  farmer. 

Question.  Have  you  been  in  Virginia,  North  Carolina,  or  South  Carolina  at  any  time  dur 
ing  the  last  eighteen  months  ? 

Answer.  I  was  assigned  to  duty  last  summer  under  the  Freedmen's  Bureau,  went  to  North 
Carolina  early  in  September,  and  remained  there  until  the  middle  of  last  month. 

Question.  Where  were  you  stationed  in  North  Carolina  ? 

Answer.  Until  about  the  first  of  December  I  was  stationed  at  Warrenton,  as  assistant 
superintendent  for  Warren  and  Franklin  counties.  Since  the  first  of  December  I  was  sta 
tioned  at  Fayetteville,  as  assistant  superintendent  for  Cumberland  and  Bladen  counties,  on 
Cape  Fear  river. 

Question.  What  called  you  to  Washington  at  this  time  ? 

Answer.  I  was  ordered  to  report  here. 

Question.  By  General  Howard  ? 

Answer.  I  had  applied  to  the  War  Department  to  be  relieved,  and  Adjutant  General  Town- 
send  sent  orders  to  me  to  report  here. 

Question.  Was  there  any  particular  reason  why  you  asked  to  be  relieved  ? 

Answer.  It  was  solely  with  reference  to  my  own  private  affairs.  It  was  a  preliminary  step 
to  leaving  the  service;  I  had  not  been  at  my  home  in  Illinois  for  over  four  years. 

Question.  Was  your  examination  before  this  committee  suggested  by  Senator  Reverdy 
Johnson  ? 

Answer.  I  presume  it  may  have  been.  A  member  of  the  House  of  Representatives,  who 
is  an  old  acquaintance  of  mine,  told  me  he  should  speak  to  Mr.  Johnson  to  have  me  sum 
moned. 

Question.  Who  was  that  member  of  the  House  of  Representatives  ? 

Answer.  Hon.  Robert  S.  Hale,  of  New  York. 

Question.  To  what  political  party  have  you  belonged  ? 

Answer.  I  have  never  been  very  much  of  a  party  man.  I  was  a  "liberty  party  man,  and 
I  have  always  acted  with  the  constitutional  anti-slavery  party,  whatever  it  might  "be.  I  was 
a  free-soil  democrat,  and  a  republican  from  the  start. 

Question.  During  your  stay  in  North  Carolina  what  did  you  find  to  be  the  feelings  of  the 
secessionists  towards  the  government  of  the  United  States  ?  Was  it  friendly,  or  was  it  the 
reverse;  or  what  was  it? 

Answer.  I  can  hardly  say  that  they  manifested  any  special  feeling  on  the  subject,  either 
of  friendship  or  enmity.  They  knew,  of  course,  that  it  was  to  be  their  government  hereafter. 
Their  immediate  feelings  depended  upon  the  view  they  took  of  the  action  of  the  government 
towards  them.  I  can  hardly  say  that  there  was  any  feeling  manifested  towards  the  govern 
ment,  except  that  of  submission. 

Question.  Did  you  mingle  freely  with  the  people  of  North  Carolina? 

Answer.  I  did.  The  position  I  held  was  such  that  it  brought  me  into  intimate  contact 
with  the  people.  My  office  was  daily  ^  visited  by  people,  blacks  and  whites.  Besides,  I 
travelled  about  the  country  a  great  deal  within  my  districts,  seeing  the  people  on  the  planta 
tions,  both  whites  and  blacks. 

Question.  What  do  the  most  intelligent  of  the  white  people  seem  to  think  about  the  right 
of  the  State  to  secede  and  go  out  of  the  Union  ? 

Answer.  This  was  very  apparent  to  me,  that  they  had  generally  been  educated  in  the 
political  doctrine  that  a  State  had  the  right  to  secede.  I  believe,  however,  and  every  gen 
tleman  there,  with  whom  I  ever  conversed  on  the  subject,  expressed  the  opinion,  that  the  large 
majority  of  the  people  were  opposed  at  the  time  to  the  exercise  of  what  they  beliaved  to  be  a 
right,  and  almost  universally  they  seemed  to  me  to  have  accepted  the  doctrine  that  the  pri 
mary  allegiance  of  the  people  was  due  to  the  State.  And,  consequently,  when  the  State  took 
action,  although  at  the  time  that  action  was  taken  they  regarded  it  as  a  sort  of  usurpation  of 
power  and  not  sanctioned  by  the  people,  yet  having  been  done  under  legal  and  constitutional 
forms,  they  felt  bound  by  it,  and  bound  to  sustain  the  State.  The  members  of  the  old  whig 
party,  whom  I  met,  all  avowed  themselves  as  opposed  to  secession,  and  yet  nearly  all  said 
that  when  the  action  of  the  State  was  fixed  by  the  convention  they  all  went  in  and  supported 
the  cause  of  the  rebellion  as  ardently  and  heartily  and  with  the  same  sacrifices  as  those  did 
who  were  originally  in  favor  of  it. 

Question.  How  are  Unionists  treated  in  that  part  of  North  Carolina  where  you  have  been  ? 

Answer.  I  never  heard  of  any  outrage  being  committed  upon  any  man.  on  account  of  his 
having  been  a  Union  man.  In  fact,  there  were  very  few  such  that  I  ever  found  there.  I 
understand  you  to  refer  to  men  who  maintained  throughout  a  hostile  attitude  towards  the 
rebellion. 

Question.  Have  you  noticed  that  Unionists  have  been  elected  to  office  there  ? 

Answer.  You  mean  those  who  were  original  Unionists  ? 
19  v  xc  sc 


290  RECONSTRUCTION. 

Question.  By  Unionist  I  mean  a  man  who  was  all  along  attached  at  heart  to  the  cause  of 
the  Union. 

Answer.  While  I  was  in  Fayetteville  there  was  a  city  election  held  there,  and  some  such 
men  were  elected  to  office  at  that  time.  I  think  they  were  all  men  who  had  belonged  to  the 
old  whig  party,  and  were  opposed  to  the  rebellion,  and  I  have  no  doubt  were  all  the  while 
opposed  to  final  separation,  though  they  may  have  given  aid  and  comfort  to  the  rebels. 

Question.  Had  they  aided  and  assisted  in  the  war  on  the  part  of  the  rebels  ! 

Answer.  Yes,  sir ;  the  most  of  them  ;  I  know  very  few  men  there  who  did  not ;  very  few 
indeed. 

Question.  Do  you  call  a  man  a  Unionist  who  took  part  in  the  war  against  the  Union  ? 

Answer.  I  do  call  a  man  such  who  took  part  unwillingly  and  by  compulsion— being  at 
heart  opposed  to  it.  I  think  a  great  many  men  were  obliged  to  take  part  in  the  rebellion  who 
did  not,  at  heart,  desire  its  final  success.  I  have  no  doubt  that  very  many  of  those  who  did 
sustain  the  rebellion  under  the  idea  that  they  were  under  obligation  to  follow  their  State, 
even  while  they  desired  a  measure  of  success,  did  not  wish  a  final  separation  from  the  Union. 

Question.  Although  they  fought  against  the  Union? 

Answer.  Although  they  fought  against  the  Union.  There  were  men  elected  to  the  con 
federate  congress  from  North  Carolina  as  peace  men. 

Question.  As  peace  and  independence  men,  were  they  not  1 

Answer.  They  were  known  there  as  peace  candidates. 

Question.  What,  in  its  length  and  breadth,  was  meant  by  the  words  "peace"  and  "peace 
candidates  ? " 

Answer.  I  cannot  pretend  to  say  what  was  meant.  I  do  not  know  that  I  ever  saw  a  plat 
form  of  their  views.  But  I  can  say  this:  one  of  the  present  members  elect  to  the  House  of 
Representatives  of  the  United  States  Congress,  a  gentleman  whom  I  know  by  reputation  only, 
was  a  peace  candidate  for  the  confederate  congress  in  18u'3;  I  think  it  was  in  the  district  of 
wrhich  Warren  county  forms  a  part.  He  received,  however,  at  that  election,  as  the  peace 
candidate,  but  one  vote  in  that  county,  though  last  fall  he  received  within  fifty  of  the  entire 
vote  of  the  county.  And  yet  he  had  been  in  the  military  service  of  the  confederacy,  although 
he  had  opposed  secession.  He  was  one  of  a  very  small  number,  less  than  half  a  dozen,  I 
think,  of  whom  Governor  Worth  was  another,  who,  in  the  legislature,  opposed  the  calling  of 
a  convention  to  act  on  the  question  of  secession ;  and  he  opposed  it  until  the  State  had  gone 
out  of  the  Union;  after  that  I  think  he  was  in  the  rebel  service. 

Question.  And  held  a  commission  as  an  officer? 

Answer.  I  presume  he  did;  I  have  heard  him  called  Colonel  Turner.  Subsequent  to  that 
he  was  a  peace  candidate  for  the  confederate  congress. 

Question.  What  do  you  understand  to  have  been  the  distinctive  feature  of  that  peace  can 
didacy  ?  Did  the  candidate  favor  peace  upon  the  ground  of  separation  and  independence 
from  the  United  States  for  the  State  of  North  Carolina,  or  did  he  propose  a  peace  by  means 
of  a  settlement  with  the  United  States,  under  which  the  State  would  come  back  into  the 
Union  as  it  was  before  the  rebellion  ? 

Answer.  I  inferred  that  these  peace  candidates  were  supported  as  men  who  were  in  favor 
of  an  adjustment  of  difficulties,  and  a  reconstruction  of  the  Union. 

Question.  What  adjustment — what  reconstruction  did  they  propose? 

Answer.  I  cannot  say;  I  understand  that  all  that  the  war  candidates  for  the  confederate 
congress  desired  was  a  peaceable  separation  from  the  federal  government,  but  separation  at 
any  cost.  These  peace  candidates  being  opposed  to  them,  I  infer  from  their  antagonism 
to  those  who  wanted  a  peaceable  separation,  that  they  were  in  favor  of  peace  and  recon 
struction. 

Question.  But  you  are  not  able  to  say  what  were  to  be  the  terms  of  reconstruction,  or 
compromise,  or  adjustment,  about  which  you  have  been  speaking  ? 

Answer.  Of  course  not ;  lean  only  give  my  conclusions.  They  would  probably  have 
varied  with  the- vary  ing  aspects  of  the  war. 

Question.  So  far  as  you  have  observed,  and  so  far  as  you  have  heard  from  credible  sources 
of  information,  are  the  Union  men  protected  in  their  rights  in  the  courts  of  justice  in  North 
-  Carolina  .' 

Answer.  The  courts  had  only  just  been  restored  to  the  exercise  of  their  functions  as  I  came 
away.  The  only  authority  which  was  exercised  and  recognized  in  the  State  previous  to 
thaf  was  the  federal  authority,  enforced  through  the  War  Department  by  means  of  provost 
marshals  and  officers  of  the  Freedmen's  Bureau.  I  think  there  is  every  disposition  to  pro 
tect  everybody  there  under  the  laws  by  those,  charged  with  the  administration  of  justice. 

Question.  Would  a  jury  of  secessionists  in  North  Carolina  he  likely  to  render  an  unbiased 
and  impartial  verdict  in  a  case  between  a  Union  man  from  the  north,  for  instance,  and  a 
secessionist  of  North  Carolina? 

Answer.  I  cannot  say  they  would  in  every  case.  I  do  not  know  how  far  individual  or 
sectiona!  prejudice  might  influence  jurymen  to  disregard  their  oaths. 

Question.    Do  you  not  rhink  there  would  be  some  danger  of  injustice  in  such  a  case? 
Answer.   I  do  not  think  there  is  much  danger  of  that  kind;   1  do  not  think  that  northern 
men  who  are  living  in  the  State  apprehend  anything  of  the  kind,  else  they  would  not  risk 
their  rights  by  remaining  there. 


VIRGINIA NORTH    CAROLINA SOl^TH    CAROLINA.  291 

Question.  I  will  only  say  that  in  this  you  differ  widely  from  multitudes  of  others  who 
have  been  in  that  State.  4  • 

Answer.  Of  course  I  desire  it  to  be  understood  that  my  sphere  of  observation  was  limited 
to  four  counties ;  but  I  think  I  studied  the  condition  of  things  very  closely  in  those  four 
counties,  and  I  know  of  no  reason  why  it  should  be  different  in  those  counties  from  what  it 
is  generally  throughout  the  State.  I  know  nothing  that  makes  them  exceptional  in  any 
respect. 

Question.  What  is  the  conduct  of  the  secessionists  there  towards  the  freedmen  ? 

Answer.  I  think  the  freedmen  are  pretty  much  an  object  of  indifference  to  them  as  a  class. 
The  people,  as  to  immediate  means,  are  about  all  on  one  common  level  of  poverty  through  a 
great  part  of  the  State.  They  have  their  lands,  of  course,  but  they  are  burdened  with  debts, 
and  their  lands  are  unsalable  and  unproductive  without  labor.  The  country  is  very  bare  of 
stock  and  produce.  Labor  is  in  demand  to  an  extent  far  exceeding  the  supply.  This  makes 
the  rate  of  wages  good.  I  think  the  property  owners  are  far  more  dependent  upon  the  labor 
ing  classes  than  land-owners  at  the  north  are.  Hand-labor  dof*s  nearly  everything  there. 
This  immediate  dependence  upon  the  freedmen  for  their  labor  will  secure  good  treatment  to 
the  freed  men. 

Question.  Without  the  Freedmen's  Bureau,  and  without  any  United  States  laws  for  their 
protection? 

Answer.  I  believe  that  with  their  State  laws,  putting  them  upon  the  same  footing  with 
white  citizens  as  to  their  civil  rights,  the  freedmen  will  have  all  the  justice  that  can  be 
secured  to  them  by  law  in  any  way. 

Question.  Do  the  laws  of  North  Carolina  put  the  black  freedman  upon  the  same  equality  as 
the  white  man  in  regard  to  rights? 

Answer.  They  do,  with  this  distinction,  which  does  not  in  fact  operate  against  the  freed 
man,  that  in  suits  between  white  persons,  and  in  which  white  persons  only  are  interested, 
the  freedman  cannot  be  a  witness.  I  suppose  he  can  be  a  witness  by  the  consent  of  the 
parties,  but  not  without.  I  heard,  however,  that  feature  of  the  law  very  strongly  and 
generally  condemned  after  it  was  enacted.  I  think  that  in  the  punishment  for  crimes  there 
is  one  crime,  that  of  an  attempt  to  commit  rape  upon  a  white  woman,  the  punishment  of 
which  is  more  severe  for  the  black  man  than  it  is  for  the  white  man.  I  think  that  is  the 
only  distinction  between  them  in  the  statutes  for  the  punishment  of  crime.  You  were 
inquiring  of  me  a  few  minutes  since  in  regard  to  the  security  of  northern  men.  I  am  some 
what  acquainted  with  General  Abbott,  of  Maine,  who  was  on  duty  there  some  time  last  year ; 
he  is  now  largely  engaged  in  the  lumber  business,  in  Bladen  county,  I  think,  near  the  South 
Carolina  line.  I  met  him  in  Wilmington  a  short  time  before  leaving  the  State.  I  said  to 
him  that  I  expected  to  go  north  soon,  and  might  expect  to  be  asked  as  to  the  security  of 
northern  men  down  there.  He  said  to  me,  "Tell  them  that  a  northern  man  is  just  as  safe 
anywhere  in  the  State  of  North  Carolina  as  he  is  anywhere  up  north." 

Question.  Did  you  believe  that  ? 

Answer.  General  Abbott  made  this  qualification:  said  he,  "  I  do  not  say  that  a  man  can 
not  come  here  and  act  so  without  sense  and  discretion  that  he  will  get  into  difficulty  with 
the  people  ;  he  can  do  that  anywhere.  But  a  man  who  comes  here  and  attends  to  his  own 
business,  arid  does  not  take  some  pains  to  make  himself  odious,  I  think  is  as  safe  here  as 
anywhere  else."  And  I  think  so,  too.  I  know  of  men  who  are  settled  there  on  plantations, 
and  not  a  soldier  within  titty  miles  of  them,  who  have  reported  to  me  that  they  had  no  more 
trouble  of  any  kind  there  than  they  would  have  had  anywhere  else,  and  those  men  had  been 
soldiers  in  our  army,  too.  In  fact,  I  hardly  met  a  northern  man  down  there  who  had  not 
been  a  soldier  in  the  federal  army  ;  and  they  are  scattered  generally  about  the  State. 

Question.  Are  not  the  freedmen  subjected  to  very  severe  corporal  punishments,  such  as 
whipping,  putting  in  the  stocks,  bucking,  and  other  cruel  modes  of  punishment? 

Answer.  Do  you  mean  by  judgments  of  the  courts,  sir  ? 

Question.  Yes,  sir. 

Answer.  There  were  no  courts  in  session  from  the  time  I  went  there  until  some  time  in 
February. 

Question.  Have  there  been  sessions  of  the  courts  since  February? 

Answer.  Yes,  sir. 

Question.  Have  any  cases  come  to  your  knowledge  where,  by  judgments  of  these  State 
courts,  freedmen  have  been  subjected  to  such  severe  corporal  punishments? 

Answer.  Only  such  punishments  as  are  inflicted  without  regard  to  color,  and  such  as  white 
men  have  always  been  liable  to  by  law. 

Question.  You  hardly  answer  my  question.  I  will  repeat  it.  Are  not  the  freedmen  sub 
jected  to  very  severe  corporal  punishments,  such  as  whipping,  putting  in  the  stocks,  buck 
ing,  and  other  cruel  modes  of  punishment  ? 

Answer.  I  know  of  instances  where  whipping  was  inflicted  as  the  punishment,  that  being 
the  punishment  prescribed  by  the  laws  upon  conviction  of  crime  for  white  men  as  well  as 
blacks,  and  being  adjudged  to  both  by  the  same  courts  at  the  same  terms. 

Question.  Do  you  know  of  any  cases  where  such  punishments  were  inflicted  upon  white 
men? 

»  Answer.  I  do  not  know  of  any  by  personal  observation.     I  have  heard  of  such  cases  from 
undoubted  authority. 

• 


292  RECONSTRUCTION. 

Question.  At  what  court  was  that? 

Answer.  At  a  court  held  by  Judge  Buxton,  I  think,  in  Harriett  county.  I  was  sub 
sequently  informed  by  lawyers  who  were  present  at  the  court,  one  of  whom  spoke  of  himself 
as  having  been  engaged  in  the  trial,  that  a  white  man  was  convicted  of  stealing  and 
sentenced  to  receive  thirty-nine;  lashes,  which  were  inflicted  upon  him.  He  was  said  to  have 
been  a  confederate  soldier  in  the  war. 

Question.  What  was  the  name  of  the  lawyer  who  gave  you  this  information  ? 

Answer.  I  heard  the  fact  spoken  of  by  two  or  three  lawyers.  The  one  who  spoke  of 
having  been  engaged  in  the  case — I  do  not  remember  whether  as  prosecutor  or  as  counsel  for 
the  defence,  though  I  think  he  was  the  prosecutor  for  the  circuit— is  Mr.  Haigh,  of  Fayette- 
ville,  a  son-in-law  of  Hon.  George  E.  Badger,  formerly  United  States  senator  from  that 
State.  Perhaps  I  am  wrong  in  saying  that  Judge  Buxton  held  the  court  in  Harnett  county ; 
it  may  have  been  an  inferior  court,  at  which  Judge  Buxton  ..did  not  preside.  I  think  he  held 
a  court  there  about  that  time;  aiid  w>hen  you  first  asked  me  the  question  I  had  the  im 
pression  that  he  was  necessarily  the  presiding  judge.  At  a  subsequent  court,  held  in 
Fayetteville,  while  the  grand  jury  was  in  session,  I  was  informed  that  a  white  man  and  a 
black  man  had  been  arrested,  against  whom  the  grand  jury  had  found  bills  for  larceny,  and 
that  probably  both  would  be  convicted.  I  requested  of  a  magistrate  connected  with  the 
court  that  they  should  defer  any  action  upon  the  indictment  against  the  negro  until  I  ceuld 
communicate  with  Colonel  Whittlesey,  the  assistant  commissioner  for  the  State  of  North 
Carolina,  in  regard  to  his  trial  being  proceeded  with  by  that  court  instead  of  by  the,  Freed- 
nien's  Bureau.  I  wrote  to  Colonel  Whittlesey  and  received  in  reply  a  copy  of  a  circular 
which  he  had  just  issued  for  the  instruction  of  his  subordinate  officers,  providing  that  in 
cases  where  the  law  made  no  discrimination  against  the  colored  man  in  the  mode  oT  trial,  or 
in  the  degree  of  punishment,  such  trials  were  not  to  be  interfered  with  by  officers  of  the 
bureau,  but  were  to  be  allowed  to  proceed  before  the  courts.  I  so  notified  the  court  through 
some  gentleman  connected  with  it.  I  think  I  sent  the  circular  itself  to  them.  At  that  term 
of  the  court  a  negro  man,  though  not  the  one  to  whom  I  referred  as  having  been  indicted  by 
the  grand  jury,  was  convicted  of  stealing  and  was  whipped.  There  is  no  penitentiary  in  the 
State  of  North  Carolina,  and  therefore  whipping  and  the  stocks,  and  the  old  English 
common-law  punishments,  are  the  ones  generally  made  use  of  there.  In  the  cases  of 
indictment  for  larceny  to  which  I  have  referred,  the  negro  escaped,  and  the  white  man 
got  clear  by  some  technicality.  Had  either  been  convicted,  he  would  doubtless  have  been 
whipped  thirty-nine  lashes.  Soon  after  I  read  in  a  Wilmington  paper  of  the  whipping  of  a 
number  of  men,  colored  and  white,  who  had  been  convicted  of  crime.  I  never  heard  of  any 
cases  of  bucking  or  putting  in  the  stocks  by  civil  authority. 

Question.  So  far  as  you  have  observed,  how  do  the  secessionists  of  North  Carolina  feel 
with  regard  to  the  education  of  the  blacks  ? 

Answer.  I  think  they  all  recognize  the  necessity  of  the  blacks  being  educated  and  elevated, 
by  all  available  means,  as  a  necessity  of  society. 

Question.  Have  you  heard  any  secessionist  say  he  would  be  willing  to  contribute  anything 
in  the  shape  of  taxes  for  the  education  of  the  blacks,  or  to  contribute  out  of  his  own  means 
in  any  way  for  that  purpose  ? 

Answer.  I  do  not  know  that  I  have.     I  never  asked  any  one  that  question. 

Question.  Have  you  ever  heard  any  one  make  any  such  remark,  or  intimate  any  such  will 
ingness  ? 

Answer.  I  cannot  say  that  I  ever  heard  the  proposition  discussed.  At  present  I  suppose 
most  of  the  schools  there  are  maintained  through  the  benevolence  of  northern  people  and  the 
Freedrnen's  Aid  Society. 

Question.  How  do  they  speak  of  the  education  of  the  negroes  ;  in  respectful  terms,  as  if 
they  were  willing  to  see  that  process  go  on,  or  do  they  speak  of  it  sneeringly  and  con 
temptuously,  and  in  tones  of  discouragement  ? 

Answer.  I  think  all  intelligent  and  good  citizens  favor  it.  There  is  undoubtedly  a  certain 
class  who,  being  themselves  very  ignorant,  do  not  want  to  see  the  negroes  advance  above 
them  in  point  of  intelligence  and  education.  Education  is  not  generally  diffused  in  that 
State.  The  population  is  so  very  sparse  that  it  seems  almost  impossible  to  keep  up  common 
schools.  While  the  negroes  can  be  educated  hereafter,  and  probably  will  be  in  towns  and 
villages,  I  do  not  think  the  great  mass  of  them  who  live  scattered  through  the  country  can 
be  reached  by  any  system. 

Question.  Do  you  think  the  whites  will  be  willing  to  contribute  to  the  education  of  the 
blacks  ? 

Answer.  While  s.mm  would  by  a  fair  system  of  taxation,  I  think  that  a  great  many  would 
insist  that  the  blacks  should  furnish  the  means  for  their  own  education 

Question.  Would  not  that  feeling  be  almost  universal  / 

Answer.  No,  sir;  I  do  not  think  it  would,  because  I  think  there  are  so  many  of  the  most 
intelligent  aud  good  men  of  the  State  who  look  upon  it,  as -we  regard  it  here  at  the  north,  as 
a  social  necessity,  instead  of  a  mere  individual  or  class  interest ;  something  that  is  necessary 
for  the  welfare  of  society  at  large.  I  think  they  would  look  upon  it  that  money  spent  in  the 
education  of  the  negroes  would  be  saved  from  the  expense  of  punishing  and  maintaining 
criminals. 


VIRGINIA — NORTH    CAROLINA SOUTH    CAROLINA.  293 

Question.  Have  you  ever  heard  any  leading  influential  man  in  North  Carolina  talk  upon 
that  subject  in  that  way  ? 

Answer.  I  was  more  in  contact  with  the  common  people  than  I  was  with  the  leading  men. 

Question.  Then,  do  you  mean  to  say  that  you  have  not  heard  any  leading  man  talk  in 
that  way  ?  . 

Answer.  No,  sir;  but  I  have  never  heard  them  discuss  any  particular  plan.  I  have  fre 
quently  heard  them  speak  of  it  as  a  necessity  for  the  good  of  society — something  that  must 
be  accomplished. 

Question.  The  lower  classes  would  be  opposed  to  it,  of  course,  would  they  not? 

Answer.  I  do  not  think  the  mass  of  them  would.  I  think  individuals  might  show  hostility 
to  it,  as  they  did  to  negroes  being  admitted  to  testify  in  the  courts. 

Question.  You  think  there  might  be  individuals  of  the  lower  classes  found  who  would 
object  to  the  education  of  the  blacks,  but  that  would  not  be  true  of  the  lower  classes 
generally. 

Answer.  I  do  not  think  it  would,  from  this  fact :  I  know  of  schools  that  have  been  started 
in  the  country  neighborhoods  where  there  happened  to  be  a  considerable  number  of  freed- 
men,  and  the  schools  were  taught  by  southern  wrhite  men.  The  schools  were  not  started  at 
the  instance  of  the  Freedmen's  Bureau  or  the  Freedmen's  Aid  Society,  or  sustained  by  them 
in  any  way. 

Question.  Black  schools  taught  by  southern  white  teachers  ? 

Answer.  Yes,  sir ;  and  there  are  also  schools  taught  by  black  teachers,  and  those  were  in 
neighborhoods  where  there  was  nothing  to  repress  any  hostility  towards  them ;  nothing  of 
government  authority,  certainly. 

Question.  Mention  some  black  school  in  North  Carolina  which  was  taught  by  a  southern 
white  teacher. 

Answer.  There  was  a  school  twelve  miles  from  Fayetteville,  in  Cumberland  county,  in 
the  immediate  neighborhood  of  Murchison's  mills,  which  was  burned  by  our  army. 

Question.  What  was  the  teacher's  name  ? 

Answer.  I  cannot  recall  his  name ;  I  never  happened  to  see  him.  I  stopped  at  his  school- 
house  one  day,  but  the  school  had  been  dismissed  for  the  day,  and  he  was  not  there.  I  left 
word  that  I  would  be  glad  to  see/ him  if  he  came  into  Fayetteville. 

Question.  Do  you  know  him  to  be  a  man  southern  born  and  bred  ? 

Answer.  I  was  afterwards  told  by  gentlemen  residing  in  that  neighborhood  that  he  was 
such  a  man,  and  I  think,  though  I  am  not  positive,  that  he  had  been  a  soldier  in  the  con 
federate  army. 

Question.  Did  you  ever  see  him  ? 

Answer.  No,  sir,  I  never  saw  him,  but  I  saw  the  children  going  away  from  the  school- 
house.  I  met  a  crowd  of  children  with  books,  all  seeming  to  scatter  from  one  building ; 
there  were  about  thirty  there  at  that  time.  I  stopped  and  asked  them  who  taught  the  school, 
and  some  other  questions.  The  teacher  of  the  school  which  is  sustained  by  the  Freedmen's 
Aid  Society  in  the  city  of  Fayetteville,  in  which  there  were  some  two  hundred  and  fifty 
colored  pupils,  also  told  me  of  another  school  in  the  county  taught  by  a  white  man,  a  native 
of  the  south,  but  he  did  not  mention  his  name  to  me,  and  I  cannot  tell  in  what  neighborhood 
the  school  was.  He  told  me  there  were  seven  schools  in  the  county,  and  that  all  but  his 
own  were  taught  either  by  southern  white  men  or  by  black  men ;  and  the  schools  not  being 
interfered  with,  seems  to  me  to  be  evidence  of  the  feeling  of  the  people  on  the  matter. 

Question.  Do  the  secessionists  contribute  anything  to  the  support  of  the  black  schools? 

Answrer.  I  do  not  know  that  they  do,  and  I  do  not  suppose  they  do,  because  those  schools 
are  all  "pay  schools,"  as  they  are  called,  except  the  one  in  the  city  of  Fayetteville,  taught 
by  teachers  from  Philadelphia,  Mr.  and  Mrs.  Dickson. 

Question.  How  are  the  teachers  of  the  black  schools  received  socially  among  the  seces 
sionists  ?  Are  they  received  and  treated  kindly  and  with  respect  ? 

Answer.  I  do  not  think  that  much  social  courtesy  is  extended  to  northern  men  generally 
down  there. 

Question.  My  question  was  how  the  teachers  of  black  schools,  whether  from  the  north  or 
the  south,  are  received  socially  by  the  secessionists  ? 

Answer.  I  know  one  colored  teacher  of  a  school  in  Warrenton,  and  two  colored  teachers  in 
Fayetteville.  I  think  they  were  treated  like  other  respectable  colored  people — with  kindness 
and  civility — by  the  secessionists,  but  of  course  they  were  not  received  socially  by  them.  I 
do  not  think  the  social  standing  of  the  southern  white  men  who  taught  black  schools  was 
affected  by  their  occupation.  I  presume  they  did  it  for  the  sake  of  the  pay  entirely,  and  not 
at  all  from  philanthropy,  arid  were  respected  as  all  other  men  are  there  who  endeavor  to  sup 
port  themselves  by  honest  labor.  Of  northern  teachers  I  kuewr  only  Mr.  and  Mrs.  Dickson, 
at  Fayetteville,  and,  very  slightly,  one  northern  lady  at  Raleigh.  I  never  heard  Mr.  Dick- 
son,  the  white  teacher  in  Fayetteville,  speak  of  any  disrespect  shown  to  him.  I  think  he  did 
feel  that  there  was  a  want  of  courtesy  towards  him.  He  was  a  clergyman,  and  naturally  ex 
pected  some  courtesies  from  other  clergymen,  and  I  think  he  once  expressed  his  disappoint 
ment  to  me  at  not  receiving  such  degree  of  courtesy  as  he  expected.  He  had  not,  however, 
been  there  long. 

Question.  Were  you  received  with  respect  ? 


294  RECONSTRUCTION. 

Answer.  I  was  never,  in  any  single  instance,  treated  with  any  want  of  respect. 

Question.  Were  you  frequently  invited  by  the  secessionists,  in  the  neighborhood  where 
you  were  stationed,  to  visit  them  in  their  houses  socially? 

Answer.  No,  sir,  I  was  seldom  invited,  and  only  visited  two  families  in  the  town  of  Warren- 
ton,  or  but  two  in  the  town  of  Fayetteville ;  but  I  was  almost  universally  invited  by  the  better 
class  of  the  country  people  to  visit  them ;  and,  as  I  travelled  about  my  districts  a  great  deal 
on  horseback,  I  frequently  did  so,  and  I  was  always  treated  with  hospitality  and  politeness. 
I  could  hardly  make  any  such  distinction  among  them  as  secessionists  and  Unionists.  They 
were  nearly  all  at  least  compromised,  almost  every  man  of  them  that  I  came  in  contact  with. 

Question.     They  had  all  been  engaged  in  the  rebellion  ? 

Answer.  Yes,  sir,  very  nearly  so.  However  much  they  had  opposed  it  at  first,  when  the 
State  had  taken  its  action  there  was  co-operation  in  it  on  their  part,  and  material  or  moral 
aid  given,  though  of  course  not  always  willingly.  All  had  to  contribute  of  their  means. 

Question.  How  do  they  feel  in  regard  to  the  indebtedness  of  the  United  States  contracted 
in  carrying  on  the  war  ?  Are  they  willing  to  pay  it  ? 

Answer.  If  they  could  get  rid  of  it  without  feeling  it  dishonorable  to  do  so  I  suppose  they 
would  be  glad  to,  but  I  do  not  think  they  anticipate  any  such  thing.  They  look  upon  it  as 
something  that  they  must  pay  their  share  of. 

Question.  How  do  they  feel  with  regard  to  the  confederate  debt  ? 

Answer.  That  was  a  question  that  occurred  to  my  mind  frequently,  and  I  asked  gentlemen 
sometimes  if  they  thought,  upon  the  question  being  submitted  for  the  action  of  the  people, 
that  a  majority  of  the  people  would  vote  to  tax  themselves  to  pay  the  rebel  debt,  and  I  was 
told,  whenever  I  asked  the  question,  that  they  did  not  think  a  majority  would.  I  do  not 
think  that  the  mass  of  the  people  have  any  sympathy  with  the  cause  of  the  rebellion.  The 
poorer  classes  looked  upon  it  as  a  slaveholder's  movement.  I  think  the  poor  whites  would 
be  as  much  opposed  to  slavery  being  re-established  as  we  in  the  north  would. 

Question.  And  still  that  class  is  the  class  which  treat  the  blacks  more  contemptuously  than 
any  other  class.  Is  that  not  true  of  them? 

Answer.  They  have  perhaps  none  of  those  sympathies  towards  them  the  former  masters 
have.  I  do  not  know  of  any  cases  of  difficulty  that  to  me  seemed  to  have  their  origin  especi 
ally  because  of  the  difference  of  race.  I  do  not  think  there  is  such  a  prejudice  there  against 
the  blacks  on  the  part  of  the  poor  whites  as  there  is  in  our  cities  at  the  north.  I  think  that 
public  opinion  at  the  north  loses  sight  of  one  fact :  that  is,  that  the  men  at  the  south  who 
were  original  Unionists,  and  the  most  opposed  to  secession,  are  not  any  more  in  favor  of  any 
extension  of  privileges  to  the  blacks  than  are  those  who  were  the  most  extreme  secessionists. 
The  man  whom  I  recall  as  the  most  bitterly  opposed  to  extending  to  the  frcedmeu  the  right 
to  testify  is  one  of  the  very  few  men  who  denounced  the  rebellion  all  through,  and  who  I  pre 
sume  could  take  the  test  oath  in  Congress. 

Question.  Who  was  he  ? 

Answer.  Mr.  Morgan  Powell,  of  Warren  county.  He  was  more  decided  than  any  other 
man  whom  I  met  in  his  opposition  to  the  extension  to  the  negro  of  the  right  to  testify. 

Question.  How  do  they  feel  there  in  regard  to  negroes  voting? 

Answer.  I  have  no  idea  that  any  considerable  number  of  the  people  favor  it  at  present. 
Indeed,  they  are  very  strongly  opposed  to  it.  I  heard  occasionally  a  gentleman  say  that  he 
had  no  objection  to  the  extension  of  a  restricted  sufferage  to  those  who  had  a  certain  degree 
of  education  and  a  certain  amount  of  property. 

Question.  Is  there  any  particular  fact  that  you  want  to  speak  of  further  than  you  have  al 
ready  done  ? 

Answer.  No,  sir.   I  do  not  present  myself  here  as  the  advocate  of  the  people  in  any  sense. 

Question.  If  you  have  any  further  to  say  about  the  social  treatment  generally  of  northern 
people  you  can  do  so. 

Answer.  I  know  a  considerable  number  of  northern  men  who  are  in  business  down  there. 
I  do  not  think  they  find  any  such  prejudice  against  them  because  they  are  northern  men  as 
operates  to  their  disadvantage.  At  least,  if  there  is  on  the  part  of  the  whites,  there  is  a  pre 
possession  in  their  favor  on  the  part  of  the  blacks,  which  compensates  them  for  it  in  its  results 
in  a  business  point  of  view.  I  cannot  say,  because  from  my  limited  observations  there  I  am 
not  prepared  to  say,  what  is  the  degree  of  social  good  feeling  that  is  manifested  towards 
northern  men.  I  heard  occasionally  some  remarks  from  some  ladies  that  led  mo  to  think  that 
they  had  prejudices  against  the  white  female  teachers  in  Raleigh.  I  think  I  have  heard  that 
those  teachers  received  very  little  civility  from  the  people  there.  But  I  was  not  stationed  in 
Raleigh,  and  can  only  draAv  my  inferences  from  the  casual  remarks  I  have  heard. 

Question.  Have  you  any  business  relations  in  North  Carolina? 

Answer.  None  at  all. 

Question.  What  rank  have  you  held  in  the  service  ? 

Answer.  Brevet  major  and  assistant  quartermaster. 


PART  TIL 


GEORGIA,  ALABAMA,  MISSISSIPPI,  ARKANSAS. 


SUB-COMMITTEE. 

Mr.  IRA  HARRIS,  (of  New  York,)  United  States  Senate. 

Mr.  GEORGE  S.  BOUTWELL,  (of  Massachusetts,)  House  of  Representatives. 

Mr.  JUSTIN  S.  MORRILL,  (of  Vermont,)  House  of  Representatives. 


Mr.  BOUTWELL,  from  the  Select  Joint  Committee  on  Reconstruction,  reported 

the  following  evidence. 


TESTIMONY. 


WASHINGTON,  January  22,  1866. 
Mr.  Albert  Warren  Kelsey  sworn  and  examined. 
By  Mr.  HARRIS  : 

Question.  Where  do  you  reside  ? 

Answer.  My  parents  reside  in  Belmont,  Massachusetts,  six  miles  from  Boston. 

Question.  What  is  your  age  ? 

Answer.  I  am  twenty-five  years  of  age ;  in  my  twenty-sixth  year. 

Question.  What  is  and  has  been  your  occupation  ? 

Answer.  I  was  in  the  naval  service  prior  to  and  until  1863.  Since  then  I  have  been  oc 
cupied  as  a  commercial  correspondent,  engaged  in  ascertaining  the  amount  of  cotton  in  the 
southern  States,  for  an  association  of  New  England  manufacturers. 

Question.  And  this  employment  has  taken  you  into  the  southern  States  ? 

Answer.  Yes,  sir. 

Question.  How  long  a  time  have  you  spent  in  the  south  ? 

Answer.  I  went  south  in  J861  in  the  service  of  the  United  States,  which  service  I  left  in 
1863.  I  have  been  in  the  south  the  greater  portion  of  the  time  for  the  last  four  years. 

Question.  How  much  have  you  been  in  the  south  and  where  since  the  war  closed  ? 

Answer.  During  the  last  five  months  I  have  been  in  all  the  cotton  States  and  in  Tennessee. 
I  lauded  at  Savannah,  Georgia,  on  the  1st  day  of  August  last,  and  went  as  far  as  San  An 
tonio  de  Bexar,  in  Texas.  Previous  to  that  time,  while  engaged  in  planting  cotton,  I  was 
along  the  Mississippi  river,  from  Cairo  to  New  Orleans,  principally  in  the  State  of  Mississippi. 

Question.  What  States  have  you  visited  or  resided  in  since  April  last  ? 

Answer.  South  Carolina,  Georgia,  Florida,  (although  in  South  Carolina  and  Florida  I 
passed  over  but  a  small  portion  of  the  States,)  Alabama,  Mississippi,  Louisiana,  Texas,  and 
Tennessee. 

Question.  You  have  been  in  Georgia,  Alabama,  and  Mississippi  during  the  past  year? 

Answer.  Yes,  sir. 

Question.  As  those  are  the  States  with  which  we  are  more  particularly  concerned  at  present, 
I  will  ask  you  to  state,  without  particular  interrogatories,  what  you  know  in  relation  to  the 
condition  of  things  in  those  States  since  the  surrender  of  Lee. 

Answer.  The  sentiment  of  the  people  differs  very  decidedly  in  different  States,  so  that  what 
may  be  true  about  Georgia  would  not  be  true  about  Mississippi. 

Question.  What  is  the  state  of  things  in  Georgia  ? 

Answer.  If  you  will  be  kind  enough  to  particularize  a  little  more,  I  shall  be  able  to  answer 
more  intelligently. 

Question.  What  is  the  condition  and  sentiment  of  the  people  in  relation  to  their  loyalty, 
their  attachment  to  the  Union,  or  their  aversion  to  it  ? 

Answer.  So  far  as  my  experience  and  observation  extend,  loyalty  to  the  Union,  as  it  is 
understood  at  the  north,  is  something  that  one  very  rarely  meets  with  in  the  south ;  only  in 
the  cases  of  individuals.  As  a  sentiment  diffused  among  the  population,  what  we  in  the 
north  term  loyalty  is  almost  entirely  unknown,  so  far  as  my  observation  extends.  The  peo 
ple  there  have  no  attachment  to  the  Union,  none  of  the  feelings  which  we  deem  patriotic. 
They  do  not  respect  the  flag  of  the  country,  the  government,  or  the  memories  of  the  past. 
It  seems  to  me  that  they  have  very  little  of  what  we  have  been  taught  to  consider  loyalty  to 
the  government.  It  is  only  on  very  rare  occasions  when  you  may  hear  some  old  man  speak 
with  reverence  and  attachment  to  our  institutions  common  to  both  sections  of  the  country. 
I  can  now  remember  of  but  one  instance  during  my  last  journey  through  the  south,  and  that 
was  an  old  gentleman  in  Mississippi,  who  I  am  convinced  was  sincere  in  his  expressions  of 
regard  for  and  attachment  to  the  Union  and  the  country  as  a  unit.  But  such  instances  are 
very  rare,  and  more  particularly  among  the  younger  members  of  the  population.  When  they 
speak  of  the  Union  it  is  usually  either  with  unmitigated  severity  and  denunciations  or  else 
with  indifference,  as  of  something  they  do  not  appreciate,  to  say  the  least  of  it. 

Question.  Is  this  true  of  Alabama  and  Mississippi,  as  well  as  of  Georgia? 

Answer.  It  is  even  more  true  of  Alabama  and  Mississippi  than  it  is  of  Geurgia.  In  Georgia 
the  sentiment  of  the  people  is  not  so  bitter;  they  do  not  seem  to  be  influenced  by  vindictive 
feelings  to  such  an  extent  as  in  Alabama  and  Mississippi.  Nowhere  did  I  find  southern  feel 
ing  so  intense  as  in  Alabama  and  Mississippi. 


^  RECONSTRUCTION. 

Question.  I  understand  that  you  have  travelled  extensively  over  those  States  ? 
Answer.  Yes,  sir,  somewhat  so ;  J  could  give  my  routes  of  travel. 
Question.  Do  so. 

Answer.  I  landed  at  Savannah  ;  went  up  the  Savannah  river  to  Augusta,  Georgia  ;  from 
Augusta  I  went  across  the  State  to  Atlanta ;  from  Atlanta  down  to  Macon  ;  from  Macon  to 
Albany,  which  is  the  terminus  of  the  railway  leading  toward  the  south  ;  from  Albany  I  rode 
across  the  country  as  far  as  Thomasville ;  and  from  there  I  went  to  Quitrnan,  where  I  re 
mained  several  days — longer  than  at  other  places.  I  then  went  to  Doctortown,  on  the  Alta- 
niaha  river,  which  was  the  terminus  of  the  railroad  leading  towards  Savannah.  There  I  took 
the  steamboat  and  went  down  the  Altamaha  river  to  Darien,  and  from  there  to  Savannah.  I 
then  went  into  the  State  of  South  Carolina  for  a  short  time,  entering  Georgia  again  at  Au 
gusta,  and  going  across  to  Atlanta  again. 

Question.  How  long  a  period  did  this  occupy  ? 

Answer.  I  was  not  all  this  time  in  Georgia  ;  I  went  into  Florida,  and  also  into  South  Caro 
lina,  for  a  brief  period. 

Question.  Embracing  that,  how  long  ? 

Answer.  'Upwards  of  a  month ;  very  nearly  six  weeks,  I  should  think.  I  was  travelling 
rapidly  most  of  the  time. 

Question.  During  this  journey  did  you  see  and  converse  with  many  of  the  people? 
Answer.  Yes,  sir ;  and  among  them  some  of  the  best  people  in  the  State,  to  many  of  whom 
I  had  letters. 

Question.  All  classes  of  people  ? 

Answer.  Yes,  sir.  My  mission  was  purely  a  commercial  one.  No  one  had  asked  me  to 
inform  myself  of  the  tone  and  sentiment  of  the  southern  people,  but  I  had  a  curiosity  to  do 
so,  and  tried  in  every  possible  way  to  ascertain  their  sentiments.  Thus  I  talked  with  every 
body,  from  the  negro  to  the  wealthiest  man  in  the  State. 

Question.  And  do  I  understand  you  to  say  that  all  the  people  manifested  a  universal  dis 
loyalty  to  the  Union? 

Answer.  All  the  white  people.  I  cannot  at  this  moment  call  to  mind  one  single  instance, 
when  I  reached  their  genuine  sentiments,  that  the  people  expressed  or  seemed  to  feel  a  sin 
cere  attachment  to  the  Union.  They  might  "accept  the  situation,"  as  they  termed  it;  they 
might  signify  their  willingness  to  remain  under  this  form  of  government ;  they  might  appre 
ciate  certain  advantages  which  resulted  to  them  from  the  government,  but  love  for  the  Union 
there  was  none.  That  is  my  experience. 

Question.  Now,  in  relation  to  Alabama.  How  much  opportunity  for  observation  had  you 
in  Alabama  ? 

Answer.  I  went  into  Alabama  directly  from  Georgia  some  time  in  September. 
Question.  What  was  your  route  in  Alabama  ? 

Answer.  From  West  Point,  which  is  in  Georgia,  on  the  west  side  of  the  Chattahoochie,  I 
went  to  Montgomery,  Alabama  ;  from  Montgomery  I  went  down  the  Alabama  river  to  Selma  ; 
from  Selma  I  went  northward,  by  the  way  of  Blue  mountain,  which  is  not  the  name  of  any  town 
or  village,  but  the  terminus  of  the  railway,  where  I  took  a  coach  and  went  to  the  town  of 
Jacksonville.  I  then  returned  by  Blue  mountain  to  Selma ;  from  Selma  I  then  went  to 
Demopolis,  where  I  took  a  steamer  and  went  down  the  Tornbigbee  river  to  Mobile,  and  from 
thenco  to  New  Orleans. 

Question,  How  long  did  that  occupy  ? 

Answer.  I  reached  New  Orleans,  I  think,  on  the  first  of  October.  I  should  probably  have 
remained  longer  in  the  State  of  Alabama  had  it  not  been  that  the  condition  of  society  there 
is  not  safe  for  a  traveller.  On  the  25th  of  September  the  boat  on  which  I  was  going  down 
the  Tombigbee  river  was  fired  into,  the  steamer  Belfast.  We  were  hailed  from  the  shore  by 
a  baud  of  guerillas,  who  ordered  the  captain  to  cut  loose  a  flatboat  loaded  with  cotton  which 


sentiment  agai 
universal  than  in  Georgia  ? 

Answer.  I  should  say  it  was  different,  in  that  the  people  appeared  to  bo  less  civilized ; 
those  I  met  seemed  to  be  rougher  than  in  Georgia.  I  may  be  doing  them  injustice,  for  I  had 
not  so  good  opportunities  of  general  observation  as  in  Georgia.  I  had  a  letter  to  Mr.  Thomas 
Metcalf,  one  ot  the  wealthiest  men  in  the  State  of  Georgia,  and  through  the  kindness  of  a 
nephew  of  his  and  others,  while  I  was  in  Augusta,  my  visit  was  made  very  pleasant.  I  had 
letters  to  gentlemen  in  Alabama,  but  they  were  off  the  line  of  my  route,  and  I  did  not  find 
them  ;  and  my  own  personal  experience  may  have  been  different  because  of  that,  but  it  was 
such  as  to  lead  me  to  believe  that  the  people  of  Alabama  were  about  the  least  civilized 
portion  of  the  people  of  the  south.  The  fact  that  they  seemed  to  have  less  education  and 
less  refinement  served  to  make  them  seem  to  have  more  intense  feelings.  The  distinction  I 
was  going  to  make  is  that  they  seemed  more  polite  in  Georgia.  Whatever  their  IVH!  seuti- 
uu'iits  may  have  been,  they  toned  them  down  when  expressing  them  to  me  more  tlmn  they 
did  in  Alabama.  I  do  not  know  but  thoy  relt  as  bitterly  in  Georgia  as  they  did  in  Alabama. 

Question.  What  opportunities  have  you  hud  for  observation  in  Mississippi  / 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA,  3 

Answer.  I  resided  there  for  some  time,  and  cultivated  cotton. 

Question.  During  this  last  year? 

Answer.  Not  within  the  last  year.  I  have  visited  the  State,  however,  since  I  was  in 
Alabama.  I  was  there  as  late  as  November  last,  I  think. 

Question.  What  part  of  Mississippi  did  you  visit? 

Answer.  I  lauded  at  Vicksburg,  and  then  went  on  up  to  Skipwith's  landing,  where  I  used 
to  plant,  There  is  no  town  or  village  at  that  point.  It  is  in  the  most  sparsely  populated 
district  in  the  State.  I  then  returned  to  Vicksburg,  and  went  from  there  to  Jackson,  the 
capital  of  the  State.  From  Jackson  I  went  to  Meridian,  near  the  Alabama  line.  From 
Meridian  I  went  northward  to  Corinth,  and  from  there  to  Memphis,  Tennessee.  Returning 
from  Memphis,  I  went  by  Granada,  Mississippi,  through  Jackson,  to  New  Orleans. 

Question.  What  can  you  tell  us  in  relation  to  the  condition  of  the  freedmen  in  those  States  ?  _ 

Answer.  The  wealthy  men  of  the  south,  it  appears  to  me,  see  an  opportunity  to  make 
money  by  means  of  the  present  free-labor  system,  and  are  very  anxious  to  avail  themselves 
of  it;  and  a  very  large  proportion  of  the  old  planters  will  do  justice  to  the  freedman  and 
give  him  good  wages,  certainly  as  long  as  the  high  price  of  cotton  continues ;  but  that  is 
entirely  a  matter  of  interest  with  them.  The  overseers  and  the  lower  class  of  whites,  it 
seemed  to  me,  lose  no  opportunity  -of  abusing  the  blacks  and  treating  them  horribly.  I  am 
convinced  that  in  very  many  respects  the  slaves  in  Mississippi — I  suppose  it  is  so  in  the  other 
cotton  States,  but  I  noticed  it  more  particularly  in  Mississippi — are  worse  off  now  than  when 
they  were  slaves.  If  a  negro  man  is  able-bodied,  strong,  and  willing  to  work,  he  can  gene 
rally  make  a  living.  But  if  he  refuses  to  work  in  the  cotton-field,  and  is  not  a  mechanic, 
and  tries  to  set  up  for  himself,  he  has  not  much  of  a  chance  given  him.  He  is  sure  to  be  , 
marked,  and  is  not  very  safe  there. 

By  Mr.  BOUTWELL  : 

Question.  Can  you  give  any  particular  facts  which  tend  to  show  the  state  of  public  feeling 
there,  or  relate  any  experiences  of  your  own  ?  If  so,  I  would  like  to  have  you  give  _theuu 

Answer.  I  could  give  innumerable  acts  of  cruelty  practiced  on  the  freedmen  which  were 
told  me.  On  my  arrival  at  Skipwith's  lauding,  I  met  a  gentleman  whom  I  had  previously 
known,  and  who  I  understood  had  leased,  prior  to  the  conclusion  of  the  war,  some  of  General 
Wade  Hampton's  plantations.  With  him  was  a  gentleman  from  New  York.  They  told  me 
they  had  rode  over  to  the  place,  and  although  no  actual  resistance  or  violence  had  been, 
offered  to  them,  they  saw  several  men,  "scouts,"  as  they  expressed  it,  hanging  around  the 
place,  and  their  surly  looks  and  general  demeanor  convinced  them  they  had  better  leave.  I 
know  they  communicated  their  terror  to  me,  and  we  all  lay  there  together  in  one  little  hut, 
with  the  impression  that  we  were  liable  to  be  fired  at  at  any  moment.  While  I  was  there  an 
agent  of  the  Freedinen's  Bureau  came  there,  and  several  negroes  came  to  him  with  com^ 
plaints  of  the  manner  in  which  they  had  been  treated. 

On  one  occasion  an  overseer  called  on  us,  and  we  got  to  talking  of  the  danger  of  a  negro 
insurrection.  I  asked  him  what  reason  he  had  for  thinking  such  a  thing  was  possible.  Said 
he,  "  It  is  not  half  an  hour  since  four  negroes  raised  their  axes* against  me."  I  asked  him 

how  that  happened.     He  said,  "  I  told  old to  go  out  into  the  field  and  bring  up  the 

cattle,  and.  he  said  he  would  not  do  it.  I  took  up  an  axe,  (admitting  that  he  was  the  iirst  to 
do  so,)  and  as  soon  as  I  did  it  his  daughter,  who  was  there,  took  up  an  axe.  There  were 
others  present  and  they  picked  up  axes,  and  I  had  to  run  for  my  life."  He  said,  "The  girl 
was  standing  close  to  me,  and  I  just  shoved  out  my  axe  that  way" — making  a  motion  with 
his  arm — "  and  knocked  in  all  her  front  teeth,  and  I  had  to  run  for  my  life."  That  seemed 
to  him  evidence  that  the  negroes  were  ripe  for  an  insurrection.  He  seemed  to  think  it 
strange  that  the  girl  should  resent  having  all  her  front  teeth  knocked  in  by  an  axe.  At 
another  time  a  negro  boy  came  down  to  make  some  complaint.  Two  or  three  overseers 
were  there,  and  got  at  him  and  asked  him  what  he  had  come  there  for.  Speaking  fairly  to 
him  at  first,  they  got  his  story  out  of  him  ;  pumped  him.  They  told  him  then  they  wished 
he  was  dead ;  that  he  ought  to  be  killed ;  that  for  three  cents  they  would  shoot  him  ;  and 
with  a  great  many  oaths  they  frightened  him  off  so  that  he  did  not  see  the  agent.  There  was 
an  ex-colonel  of  engineers,  Colonel  Bissell,  who  had  a  wood  yard  on  an  island  opposite  to 
Skipwith's  landing.  I  heard  them  making  threats  against  his  life  if  he  dared  to  set  his  foot 
'  on  shore  there.  They  said  they  would  get  him  yet ;  and  several  negroes  he  had  •employed  at 
that  point  have  been  killed.  1  know  the  general  feeling  among  northern  men  there  is  that 
they  are  not  safe;  that  they  are  liable  not  only  to  be  robbed,  but  to  be  killed  at  any  moment. 
That,  however,  would  not  perhaps  be  a  fair  example  for  the  whole  State,  for  that  is  a  dis 
trict  of  country,  lying  westward  of  the  Yazoo  aud  Sunflower,  where  it  is  very  thinly  popu 
lated  and  where  there  are  a  number  of  Texan  scouts  who  were  there  even  before  the  clo.se  of 
the  war.  Those  scouts  are  thieves  and  murderers,  who  claim  to  be  confederate  soldiers  when 
you  get  hold  of  them.  A  great  many  men  have  been  killed  there  ;  some  of  them  native 
southerners  ;  some  of  them  shot  down  in  cold  blood  while  I  was  there.  A  party  of  thirteen  rode 
up  to  a  place  known  as  Duncan's  plantation.  Coming  across  an  old  negro,  one  of  them  ac 
costed  him,  "  Old  man,  have  you  got  any  money  ?"  He  said,  "A  few  dollars."  "Have  you 
got  it  with  you  ?"  "  No ;  it  is  in  the  house."  "  Go  in  and  get  it."  He  went  in  and  got  it, 
i*nd  when  he  was  handing  it  to  the  fellow  he  shot  him  dead  out  of  mere  wantonness.  Such 
' 


4  RECONSTRUCTION. 

deeds  as  that  are  not  uncommon  and  have  not  been  for  the  last  few  years.  The  life  of  a  negro 
is  not  worth  much  there.  I  have  seen  one  who  was  shot  in  the  leg  while  he  was  riding  a  mule, 
because  the  ruffian  thought  it  more  trouble  to  ask  him  to  get  off  the  mule  than  to  shoot  him. 
There  is  a  very  large  class  of  such  people  in  Alabama,  Mississippi,  and  Louisiana.  I  Lad 
expected  to  rind  Texas  in  a  much  worse  condition,  but  I  found  it  much  safer  there  than  in 
Alabama  and  Mississippi.  Particularly  in  Alabama  the  people  have  been  rendered  desperate. 
The  crops  the  past  year  have  been  very  poor.  The  rust  and  the  army  worm  have  destroyed 
their  cotton  crops,  and  there  is  much  want  and  suffering  among  the  people. 

Question.  Do  you  know  anythirlg  of  the  purposes  or  expectations  of  the  people  in  either  of 
the  States  you  have  named  concerning  their  future  relations  to  the  Union? 

Answer.  I  can  speak  only  of  individuals  and  what  I  observed  previous  to  the  meeting  of 
Congress.  I  travelled  with  Mr.  Alcoru  and  others  in  Mississippi,  and  at  one  time  I  occupied 
a  room  with  a  General  Gardiner  in  Jackson,  Mississippi.  General  Gardiner  was  a  very  lib 
eral-minded  man,  and  said  he  wished  that  negroes  should  be  permitted  to  testify.  Those  par 
ticularly  who  have  been  prominent  in  this  contest,  who  now  consider  themselves  whipped, 
and  are  anxious  to  win  back  their  former  positions  and  places  under  the  government,  many 
of  them  seern  anxious  to  conciliate,  and  are  fair-minded  men.  So  far  as  I  could  discover  they 
seemed  desirous  of  doing  their  best ;  but  there  are  a  great  many  politicians  there  who  seem 
to  think  they  can  easily  regain  power  and  position  in  the  Union,  and  that  affairs  after  all  are 
not  so  bad  for  them  as  they  might  be. 

Question.  Did  you  travel  through  those  States  as  a  northern  man  ? 

Answer.  I  travelled  through  all  the  States  as  a  northern  man  except  in  Texas.  By  acci 
dent  there  I  fell  in  with  a  party  of  Englishmen,  and  a  negro  claimed  to  have  known  me  as  an 
Englishman.  For  a  time  I  did  not  deny  it,  but  took  advantage  of  it.  But  even  in  Texas,  be 
fore  I  left,  I  announced  myself  as  a  northern  man ;  and  in  Georgia,  Alabama,  and  Missis 
sippi  I  always  hailed  from  the  north.  I  have  heard  a  great  many  people  out  there  express 
their  opinion  as  to  the  policy  they  ought  to  pursue.  The  feeling  seemed  to  be  quite  common 
among  the  better-informed  classes,  particularly  those  who  had  been  north,  that  they  could 
easily  win  back  their  old  position,  such  as  it  had  been  before  the  war,  with  the  exception  of 
the  abolition  of  slavery.  That  policy  they  adopted,  or  a  part  of  it.  But  the  most  of  them 
se,emed  to  imagine  that  in  time  they  would  obtain  compensation  from  the  government  for 
whatever  losses  they  had  sustained.  Many  of  them  have  prepared  already  claims  against 
the  government.  I  understood  that  the  late  Hon.  Thomas  Corwin  had  charge  of  a  great 
many  claims,  and  a  great  many  of  the  people  were  coming  north  to  urge  their  claims. 

Question.  What  was  the  foundation  of  those  claims  ;  for  what  sort  of  losses  ? 

Answer.  For  property  taken  by  the  Union  armies  during  the  war ;  property  burned  or  in 
some  way  destroyed. 

Question.  Do  you  know  whether  the  freedmen  are  allowed  to  purchase  land  or  lease  it  to 
any  extent  ? 

Answer.  I  cannot  speak  with  any  certainty  about  that.  I  should  say  that  the  general  feel 
ing  was  that  they  ought  not  to  be  permitted  to  do  it.  I  believe  individuals  sometimes  make 
arrangements  with  them  for  cultivating  their  lands.  I  have  heard  of  two  or  three  instances 
where  a  widow,  or  some  person  who  was  not  able  to  carry  on  the  place,  had  made  arrange 
ments  with  a  negro  to  do  so.  But  it  was  spoken  of  as  sub  rosa  entirely.  The  negroes  were 
carrying  on  the  place  and  working  just  as  they  pleased,  retaining  a  certain  amount  o('  what 
they  raised,  and  making  the  rest  over  to  the  owner  of  the  place.  But  those  were  private  ar 
rangements.  I  do  not  think  the  law  permits  them  to  do  so  yet,  but  of  that  I  cannot  speak 
with  certainty. 


WASHINGTON,  January  25,  1866. 

Brevet  Major  General  Edward  Hatch  sworn  and  examined. 
By  Mr.  BOUTWELL: 

Question.  Where  is  your  place  of  residence? 

Answer.  .In  Muscatine,  Iowa. 

Question.  Have  you  been  in  the  military  service  of  the  United  States  during  the  late  re 
bellion  / 

Answer.  I  entered  the  military  service  in  1861,  and  have  been  through  the  various  grades, 
from  captain  to  brevet  major  general  of  volunteers. 

Question.  Have  you  been  in  the  States  of  Georgia,  Alabama,  and  Mississippi,  or  either  of 
them,  since  Lee's  surrender? 

Answer.  Immediately  on  the  surrender  of  Lee  my  troops  were  put  into  Mississippi,  as  far 
south  as  Aberdeen.  I  had  a  post  there,  and  also  at  Pocolona,  Corinth,  Tupelo,  luka,  and 
Barncsville,  and  I  also  had  troops  occupying  Tuscumbia  and  Waterloo,  in  Alabama.  After 
wards,  in  July,  I  marched  to  Montgomery,  having  posts  at  Montgomery,  Selma,  Montevallo, 
and  Talladega.  I  had  small  commands  administering  the  oath  (though  very  little  of  it  was  , 
ever  done)  in  fifteen  northern  counties  in  Alabama,  in  what  was  called  the  Talladega  district. 


ARKANSAS — GEORGIA  —MISSISSIPPI — ALABAMA.  5 

I  had  my  troops  in  small  detachments  at  a  great  many  posts.  And  I  have  been  through  the 
northern  and  central  portions  of  Georgia,  marching  through  there  three  or  four  times  since 
the  war  with  small  detachments. 

Question.  Confining  yourself  to  Mississippi;  are  you  acquainted  in  that  State ? 

Answer.  I  knew  Mississippi  very  well  before  the  war,  and  I  have  been  in  the  State  a  great 
deal  since. 

Question.  Will  you  state  any  facts  within  your  knowledge  tending  to  show  the  loyalty  or 
disloyalty  of  the  people  there  ? 

Answer.  Excepting  in  a  little  of  the  northeastern  portion  of  the  State  of  Mississippi  I  never 
knew  any  loyalty  in  that  State;  at  least  such  has  been  my  experience  in  that  State.  I  think 
there  is  generally  an  intense  hatred  towards  our  people,  which  hatred  extends  to  the  govern 
ment. 

Question.  What  indications  did  the  people  give  of  the  hatred  of  which  you  speak  ? 

Answer.  Their  greatest  antipathy  seems  to  arise  from  the  fact  that  the  negro  has  been  em 
ployed  against  them,  and  that  they  cannot  control  them  now  as  they  please.  They  seem  to 
consider  that  their  greatest  trouble.  They  apparently  think  that  they  cannot  make  the  negro 
work  except  by  corporeal  means.  Upon  going  through  the  State  some  time  after  the  surren 
der,  even  when  the  negro  was  under  our  protection,  or  supposed  to  be,  I  found  bands  of 
''regulators,"  many  of  them  lately  soldiers  in  the  rebel  army,  going  about  the  country  to  see 
that  the  negroes  worked.  They  apparently  had  no  faith  in  the  negro's  working  without  com 
pulsion. 

Question.  When  did  you  leave  Mississippi  ? 

Answer.  Part  of  rny  troops  left  there  early  in  August;  some  of  them  remained  there  till 
quite  late  in  August  before  they  were  all  removed  to  Alabama. 

Question.  Was  there  any  change  of  public  sentiment  in  Mississippi  during  the  time  you 
were  there,  either  for  or  against  the  government  1 

Answer.  I  think  it  grew  more  bitter  than  it  was  immediately  after  the  surrender ;  that  is 
my  impression.  The  northeastern  part  of  the  State  had  a  great  many  loyal  men,  and  a 
great  many  from  that  portion  of  the  State  enlisted  in  our  army.  And  after  the  surrender  a 
great  many  refugees  returned  there,  men  who  had  been  driven  off  from  that  part  of  the  State. 
The  county  of  Tishemingo  was  a  county  from  which  we  recruited  a  great  many  men  for  our 
army.  Some  went  with  General  Sherman  and  some  went  into  Tennessee  regiments. 

Question.  How  are  the  Union  men  regarded  and  treated  by  the  disloyal  portion  of  the 
people? 

Answer.  I  do  not  believe  the  Union  men  could  remain  there  if  there  were  no  federal  troops 
there  to  protect  them.  There  is  a  great  deal  of  private  enmity  and  intense  personal  dislike 
to  them,  and  I  do  not  think  they  would  be  allowed  to  remain  there. 

Question.  Is  there  any  expectation  among  the  people  that  they  will  be  made  up  the  losses 
they  have  sustained  in  slaves  and  property  by  the  operation  of  the  Union  armies  during  the 
rebellion? 

Answer.  Yes,  sir;  and  as  evidence  of  that,  I  will  state  that  I  saw  in  a  paper  to-night 
that  the  grand  jury  of  Oxford  county  had  found  a  bill  against  General  A.  J.  Smith  for  burn 
ing  the  court-house  there.  They  say  they  expect  pay  for  a  great  deal  of  the  property 
destroyed. 

Question.  Did  you  hear  much  said  upon  that  subject  while  you  were  there  ? 

Answer.  Yes,  sir ;  and  I  have  met  one  man  here  with  claims  in  his  possession  for  $125,000. 
They  argue  that  if  they  are  in  the  Union  we  are  responsible  to  them  for  their  property  which 
has  been  destroyed. 

Question.   What  is  the  disposition  of  the  people  there  towards  the  colored  population? 

Answer.  The  poorer  classes  of  the  white  people  have  an  intense  dislike  towards  them.  So 
far  as  any  love,  or  regard,  or  care  for  the  negro,  or  the  slave,  I  have  never  seen  any  of  it,  and 
do  not  believe  it  ever  existed,  except  so  far  as  his  former  money-value  may  have  caused  care 
for  him.  There  are  men  in  Mississippi  who  understand  this  thing,  who  are  willing  to  accept 
the  state  of  affairs  as  they  are  now,  and  to  employ  the  negro  and  pay  him  a  fair  reward  for 
his  services.  But  a  great  portion  of  the  people  of  Mississippi,  including  many  planters,  are 
not  of  large  enough  views  to  understand  this  matter.  Their  views  are  too  narrow.  They 
wish  to  control  the  negro  and  his  labor  in  such  a  way  that  he  will  be  compelled  to  remain 
with  them  for  never  less  than  a  year,  and  upon  their  own  terms. 

Question.  According  to  your  observation,  what  is  the  disposition  of  the  negroes  in  refer 
ence  to  working,  if  they  can  be  assured  of  pay  for  their  work? 

Answer.  We  have  always  found  them  very  ready  to  work.  I  have  seen  no  instance  where 
they  were  not  willing  to  work  when  they  have  been  assured  of  their  rights.  The  superin 
tendent,  who  by  the  way  was  a  northern  man,  of  the  work  of  opening  the  Mobile  and  Ohio 
railroad,  told  me  that  the  negro  men  whom  he  had  to  work  for  eight  dollars  a  mouth  and  army 
rations  worked  as  well  as  any  men ;  that  men  never  worked  better.  We  issued  the  rations 
to  those  negroes  working  on  that  road.  We  issued  no  rations  to  indigent  negroes,  though 
we  issued  a  large  amount  of  rations  to  indigent  whites  ;  also  a  large  amount  of  confederate 
corn  that  we  had  taken,  and  I  run  one  or  two  mills  to  grind  corn  to  feed  them.  We  never 
issued  a  ration  to  an  indigent  negro  while  I  was  there. 
Question.  Why  not  ? 


b  RECONSTRUCTION. 

Answer.  They  never  asked  for  any.  I  stopped  issuing-  to  the  whites,  but  they  made  so 
many  complaints  that  I  was  ordered  to  commence  issuing  again.  They  were  in  a  starving 
condition,  as,  the  armies,  the  confederate  as  well  as  our  own,  had  gone  over  the  country  and 
nearly  eaten  it  up.  I  have  always  found  the  negro  ready  to  work  when  he  was  assured  that 
he  would  be  paid  according  to  his  contract.  . 

Question.  As  a  general  thing,  would  northern  men  be  kindly  received  who  might  go  to 
Mississippi  to  live  ? 

Answer.  No,  sir ;  there  is  a  very  intense  antipathy  towards  northern  men  in  all  Mississippi, 
with  perhaps  an  occasional  exception.  I  have  heard  them  say  openly  that  no  northern  man 
should  come  there  and  work  their  plantations  and  live  among  them,  unless  he  was  an  over 
seer  under  them,  or  something  of  that  kind  :  that  he  could  not  come  there  and  expect  to  own 
a  plantation.  There  is  no  doubt  at  all  that  there  is  an  intense  hatred  felt  towards  northern 
men.  They  may  from  policy  sometimes  perhaps  consent  to  use  a  northern  man  for  some 
purpose.  But  in  the  portion  of  the  State  where  I  have  been  I  have  seen  no  evidence  of  good 
feeling  towards  northern  men. 

Question.  Is  the  disposition  among  the  people  of  that  State  to  encourage  the  negro  to  pur 
chase  land,  or  to  discourage  him  from  purchasing  it  ? 

^Answer.  From  all  that  I  heard  the  people  say,  I  should  say  that  the  disposition  was  to 
discourage  the  negro  from  purchasing  land.  The  owners  of  the  large  plantations  do  not 
wish  to  cut  up  their  plantations  at  all,  and  all  the  good  land  in  Mississippi  is  generally  owned 
by  the  large  planters.  The  small  planters  generally  have  poor  land,  hilly  land,  while  the 
large  plantations  are  generally  bottom  lands.  In  other  words,  there  is  in  the  central  portion 
of  the  State  considerable  rich  land  called  "hummock  lands,"  which  is  generally  held  in 
large  plantations.  The  valley  of  the  Tombigbee  contains  a  very  large  negro  population, 
and  the  planters  have  always  hoped  to  work  their  plantations  with  the  negroes  since  the 
surrender.  I  suppose  that  at  one  time  they  found  a  great  deal  of  trouble  in  doing  so.  The 
negroes  were  afraid  to  contract  with  their  old  masters  for  fear  they  would  be  brought  into 
slavery  again,  although  they  knew  they  were  free.  Their  masters  wanted  to  work  the 
negroes  for  $75  a  year,  although  they  used  to  pay  $200  a  year  for  their  work.  The  negro 
was  shrewd  enough  to  understand  the  difference  in  price,  and  thought  it  strange  he  was  not 
worth  as  much  as  before.  We  found  the  negroes  willing  to  go  to  work  on  their  old  planta 
tions  whenever  they  were  assured  that  they  would  be  paid.  I  myself  told  the  negroes  at  the 
time  of  the  surrender  that  it  would  be  much  better  for  them  to  go  back  on  the  plantations  to 
work,  and  that  they  would  be  secured  under  their  contracts  as  long  as  I  was  there  and  the 
troops  were  there ;  and  a  large  portion  of  the  negroes  did  so.  This  was  some  time  before  the 
Freedmen's  Bureau  took  charge  of  them. 

Question.  How  does  the  state  of  things  in  Alabama  compare  with  the  state  of  things  in 
Mississippi  1 

Answer.  In  the  mountain  region  of  Alabama  there  are  a  great  many  loyal  people :  people 
poor,  but  loyal.  We  recruited  two  regiments  there.  Between  them  and  the  people  of  the  other 
portions  of  Alabama  there  is  a  great  deal  not  only  of  animosity  in  regard  to  the  question  of  seces 
sion,  but  of  private  animosity.  The  loyal  men  in  that  part  of  the  State  may  be  strong  enough  to 
protect  themselves,  as  they  have  gone  home  with  their  arms.  But  their  families  have  suffered 
everything  during  the  war.  I  have  found  a  great  deal  of  outlawry  in  Alabama,  and  I  doubt 
if  the  civil  authority  alone,  however  much  inclined  to  do  so,  could  control  that  feeling  now. 
Their  seizing  a  steamboat  the  other  day  is  an  instance  of  what  I  mean.  The  poorer  classes 
of  white  people  there,  as  a  general  thine,  cannot  read  or  write.  In  the  matter  of  granting 
paroles,  it  was  found  that  not  one  in  six  could  write  his  name.  They  have  u  most  intense 
hatred  of  the  negro,  and  swear  that  he  shall  never  be  reckoned  as  a  part  of  the  population. 

Question,  What  is  the  state  of  public  sentiment  generally  in  Alabama  in  reference  to  the 
national  government  ? 

Answer.  The  bitterness  there  towards  the  government,  for  some  months  after  the  surrender, 
was  so  groat  that  it  is  difficult  to  say  whether  there  is  any  good  feeling  towards  it.  I  have 
always  heard  them  finding  fault ;  never  expressing  themselves  kindly  towards  the  govern 
ment  ;  at  the  most  only  as  rather  obliged  to  accept  things  as  they  were.  They  seem  to 
expect  that  when  the  troops  are  eventually  withdrawn  they  will  control  matters  iu  their  own 
way.  In  August  I  sent  a  detachment  of  troops  from  a  company  to  arrest,  if  possible,  or 
drive  away  a  party  of  men  who  had,  as  it  were,  picketed  a  road  in  the  hope  of  catching 
Governor  Parsons,  whom  they  had  made  threats  they  would  kill.  Yet  he  had  boon  very 
lenient  towards  them  in  all  his  dealings  with  them.  I  have  never  heard  them  express  any 
good  feeling  towards  the  government.  They  have  submitted  because  they  could  not  help  it. 
\Vhile  travelling  about  the  country  there  in  citizen's  clothes,  I  have  often  heard  them  say 
that  something  might  turn  up  when  they  would  have  their  turn  again.  A  rebel  soldier  who 
has  fought  through  the  war  is  by  far  the  best  man  in  the  country,  and  the  most  willing  to 
accept  the  state  of  affairs  as  they  are,  and  the  most  ready  to  go  to  work.  The  worst  class  of 
people  there  are  those  who  have  been  in  the  bands  of  guerillas — the  irregular  bands  of  rebels. 

Question.  Does  there  seem  to  be  any  expectation  in  Alabama  that  they  will  be  paid  for  their 
losses  ? 

Answer.  I  do  not  know  whether  they  expect  payment  or  not.  They  sometimes  discuss 
the  question ;  but  it  always  seemed  so  absurd  to  us  that  we  laughed  at  the  mere  idea 


ARKANSAS— GEORGIA — MISSISSIPPI ALABAMA.  7 

of  their  getting  anything.  I  know  there  are  a  great  many  cla'ms  upon 'the  government,  for 
I  have  seen  a  great  many  of  them ;  and  I  suppose  they  would  not  get  up  their  claims  if 
they  did  not  think  there  was  some  chance  of  their  payment. 

Question.  What  would  be  the  effect  upon  the  Union  men  and  negroes  of  removing  the 
troops  and  the  Freedmen's  Bureau  ? 

Answer.  I  think  it  would  be  the  most  unfortunate  thing  for  the  State  itself  that  could  be 
done.  I  do  not  believe  a  sensible  man  in  the  State  would  like  to  have  all  the  troops  removed. 
They  might  like  to  have  the  negro  troops  removed,  because  of  their  antipathy  to  seeing  them 
carrying  muskets  ;  but  I  do  not  thiuk  they  would  object  to  having  white  troops  there.  If 
they  were  removed,  I  think  the  result  in  the  case  of  the  negro  would  be,  either'  that  they 
would  reduce  him  to  some  state  approaching  slavery  or  peonage,  or  they  would  drive  him  out 
of  the  State.  And  they  would  stop  emigration  by  that,  because  they  could  not  go  there  and 
get  along  without  labor.  It  would,  therefore,  be  very  unfortunate  for  the  State. 

Question.  So  far  as  your  observation  extends,  do  the  people  have  a  disposition  to  educate 
and  elevate  the  negro,  or  is  it  their  disposition  to  degrade  him  and  keep  him  in  a  subordinate 
position  ? 

Answer.  There  is  no  inclination  among  the  people  to  educate  him  ;  they  are  the  rather 
opposed  to  that.  In  fact,  there  is  not  much  inclination  to  educate  the  whites,  who  need  it 
quite  as  much  as  the  negroes.  There  is  very  little  difference  in  regard  to  intelligence  be 
tween  the  poor  whites  and  the  negroes.  I  have  never  seen  any  inclination  among  the  people 
there  to  help  the  negro.  They  want  his  labor,  but  they  want  it  in  their  own  way,  and  at  their 
own  prices  ;  that  seems  to  be  their  determination.  I  have  heard  a  great  many  men  of  prop 
erty  in  Alabama  say  they  should  be  sorry  to  see  the  troops  go  away.  They  might  be  glad 
to  see  the  black  troops  go,  but  they  seem  to  think  it  would  be  very  bad  to  take  away  the 
white  troops. 

Question.  Had  there  been,  at  the  time  you  left,  any  organization  of  State  militia,  either  in 
Alabama  or  Mississippi  ? 

Answer.  No,  sir ;  not  when  I  left. 

Question.  In  what  portions  of  the  State  of  Georgia  have  you  been  ? 

Answer.  I  went  through  Georgia  down  through  Atlanta,  near  Andersonville  ;  thence  across 
to  Montgomery,  Alabama.  I  went  back,  once,  to  Atlanta  through  Chattanooga,  and  I  once 
went  through  the  northern  part  of  the  State  ;  through  Kingston,  Rome,  and  that  part  of  the 
country. 

Question.  Did  you  hear  any  expression  of  feeling  by  the  people,  either  favorable  or  unfa 
vorable,  in  regard  to  the  Union  or  the  national  government  ? 

Answer.  I  never  heard  any  in  favor  of  it.  They  seemed  to  think  they  were  crushed  :  to 
feel  as  if  they  were  what  might  be  called  a  subjugated  people ;  not  a  part  of  the  people  of 
this  country,  but  a  subjugated  race.  At  first  they  seemed  to  take  the  thing  very  well,  and 
appeared  to  be  glad  the  war  was  over;  glad  to  have  peace  on  any  terms.  To  give 
some  idea  of  the  feeling  of  the  people :  I  was  once  travelling  in  the  cars  there,  in  which 
was  a  woman  and  her  family  travelling  on  government  transportation.  My  wife  was 
with  me,  and  I  was  paying  my  fare,  for,  being  on  short  leave  of  absence,  I  did  not  think 
myself  entitled  to  government  transportation.  This  woman,  travelling  at  the  expense  of  the 
government,  turned  to  us  and  said:  "This  war  never  will  be  over  in  our  feelings  ;  I  will 
teach  my  children  and  they  shall  teach  their  children  to  hate  the  government."  I  have  heard 
a  great  deal  such  talk.  I  have  become  so  accustomed  to  it  that  it  would  strike  me  as  very 
strange  there  to  hear  anything  in  favor  of  the  government.  I  do  not  remember  hearing  any 
such  thing.  Very  few  of  the  people  appear  to  acknowledge  that  they  were  wrong.  They 
regret  the  war,  but  do  not  acknowledge  that  they  have  ever  been  wrong.  They  still  "believe 
they  had  a  right  to  secede. 

Question.  What  has  been  the  effect  of  granting  pardons  and  amnesties  to  these  people? 
Has  it  been  favorable  or  otherwise  upon  the  public  sentiment  ? 

Answer.  I  think  it  has  been  very  unfavorable  to  the  government.  It  has  had  this  effect: 
At  the  close  of  the  war  the  owners  of  tracts  of  land  were  willing  to  sell  their  lands,  not 
knowing  what  would  be  done  with  them.  But  since  pardons  have  begun  to  be  given,  as  a 
general  thing  they  have  declined  to  sell,  believing  that  they  could  get  northern  capital  to  come 
in  and  work  their  lauds  and  work  the  negroes.  At  one  time  there  was  a  great  deal  of  fear  in 
regard  to  property ;  they  said  they  expected  all  their  property  would  be  confiscated  and  lost  to 
them.  But  after  pardons  began  to  be  granted,  they  began  to  feel  safe  again.  They  say  to 
me  now  :  "You  will  not  dare  to  confiscate  our  property,  or  to  hang  Jeff.  Davis,  or  anybody 
else."  Immediately  after  the  surrender  they  were  certainly  penitent  enough.  But  I  found  a 
vast  difference  iij  a  month  or  two. 

Question.  How  would  it  be  in  Georgia  with  northern  men  who  might  go  out  there  to  live  ? 
Would  they  be  well  received,  or  otherwise  ? 

Answer.  I  do  not  think  they  can  live  there  after  our  troops  shall  have  been  taken  away. 

Question.  How  would  it  be  with  Union  men  who  are  natives  of  the  country,  should  our 
troops  be  taken  away? 

Answer.  They  would  suffer  more  than  the  northern  men,  what  few  there  are  of  them ; 
there  are  not  a  great  many  of  there.  The  feeling  towards  them  is  more  bitter  than  towards 


8 


RECONSTRUCTION. 


northern  men.  During  the  last  few  months  I  have  been  there,  I  have  never  known  any  good 
feeling  exhibited  towards  the  government,  or  towards  the  north,  anywhere  there.  The  con 
federate  soldiers  seem  to  accept  the  state  of  things  as  a  fact ;  but  they  are  very  bitter,  though 
not  so  much  so  as  the  women  and  the  owners  of  land  who  remained  at  home. 

Question.  Are  there  within  your  knowledge  any  facts  in  relation  to  cruelties  practiced  upon 
the  negroes  ? 

Answer.  Yes,  sir ;  I  have  known  negroes  to  be  killed  without  any  provocation  at  all.  In 
Knoxville,  in  September  last,  I  heard  a  shot  fired  ;  I  did  not  see  the  man  fall,  but  I  know  a 
negro  man  was  killed,  and  a  white  man  was  afterwards  arrested — the  one  who  had  killed 
him.  I  was  one  night  going  into  town,  when  a  house  was  attacked  in  which  lived  some  ne 
gro  women  of  the  families  of  some  men  belonging  to  a  negro  regiment.  The  negroes  were 
attacked,  and  some  of  them  were  wounded.  And  to  give  you  some  idea  of  the  antipathy  to 
the  negro,  what  was  singular  was  that  this  attack  was  made  without  provocation  by  some 
Teunesseeans  who  had  been  in  our  army.  I  know  of  instances,  not  from  personal  observa 
tion,  but  from  reports  of  what  occurred  around  where  I  was.  There  were  a  great  many  in 
stances  reported  at  General  Stoneman's  headquarters,  when  I  was  there,  of  murders  of  ne 
groes,  committed  without  any  provocation. 


WASHINGTON,  January  26,  1866. 

Brevet  Brigadier  General  George  E.  Spencer  sworn  and  examined. 
By  Mr  BOUTWELL: 

Question.  What  is  your  age,  residence,  and  occupation  ? 

Answer.  My  age  is  thirty  years ;  I  reside  at  present  at  Decatur,  Alabama  ;  I  was  formerly 
a  lawyer. 

Question.  How  long  have  you  resided  at  Decatur,  Alabama  ? 

Answer,  Since  the  surrender  of  Johnston's  army.  I  have  been  at  Tuscaloosa  most  of  the 
time  since  that  surrender,  but  I  consider  Decatur  my  residence. 

Question.  What  has  been  your  acquaintance  with  the  people  of  Alabama,  and  for  how  long 
a  period  ? 

Answer.  I  have  been  acquainted  there  for  nearly  four  years.  I  recruited  and  raised  the 
first  and  only  loyal  regiment  of  Alabamians  in  the  federal  service — the  first  regiment  of  Ala 
bama  federal  cavalry. 

Question.  In  what  part  of  the  State  was  that  regiment  raised,  and  when? 

Answer.  In  the  northern  and  western  parts  of  the  State,  in  1862. 

Question.  Where  did  you  reside  previous  to  your  residence  in  Alabama? 

Answer.  In  the  State  of  Iowa. 

Question.  State  generally  what  opportunities  you  have  had  since  Lee's  surrender  for  obtain- 
taining  information  concerning  the  condition  of  public  sentiment  in  Alabama. 

Answer.  I  have  been  constantly  in  the  State,  a  large  portion  of  the  time  travelling.  I  re 
signed  my  commission  in  July  last.  I  was  then  a  brevet  brigadier  general  in  the  federal 
army.  Since  then  I  have  been  in  the  State  constantly  till  I  left  to  come  here,  a  large  portion 
of  the  time  travelling.  I  have  been  at  Tuscaloosa  more  than  at  any  other  place,  i  I  find  the 
sentiment  of  the  people  hostile  to  the  government  of  the  United  States.  They  consider  their, 
interests  inimical  to  those  of  the  country.  That  is  the  case  with  all  but  the  loyal  portion  of 
the  people.  About  ten  per  cent,  of  the  people  are  loyal,  and  they  are  intensely  loyal.  In  the 
large  slaveholding  counties  the  treatment  of  the  negro  is  terrible  in  the  extreme.  In  Pickens 
county  several  negroes  have  been  murdered.  One  man  was  murdered  in  September  last,  on 
a  Mr.  Eddiug's  plantation,  near  Providence,  Pickens  county.  The  foreman  of  the  planta 
tion,  a  colored  man,  was  taken  out  and  murdered,  and  his  body  mutilated  after  he  was  mur 
dered,  because  he  was  dissatisfied  with  the  wages  they  were  paying  him.  That  was  the  only 
excuse  made  in  the  neighborhood  that  I  heard.  The  people  there  sustained  the  murderers,  and 
no  efforts  were  made  to  arrest  the  criminals.  At  the  circuit  court  at  Tuscaloosa,  in  November, 
three  negroes  were  sentenced  to  be  hung  for  grand  larceny  ;  another  was  sentenced  to  ninety- 
nine  years'  imprisonment  in  the  penitentiary  for  stealing  a  horse.  In  the  central  part  of  the 
State  the  roads  and  public  highways  are  patrolled  by  the  State  militia,  and  no  colored  man  is  al 
lowed  to  travel  without  a  pass  from  his  employer,  which  pass  must  state  that  the  negro  has  the 
permission  of  his  employer  to  go,  or  that  he  is  travelling  on  business  for  his  employer.  At 
Eutaw,  in  Greene  county,  a  month  since,  there  were  a  large  number  of  negroes  in  jail,  the 
most  of  them  for  the  most  trivial  offences.  One  woman  had  been  in  jail  for  about  three  months 
for  breaking  a  plate ;  a  man  was  in  jail  for  throwing  a  stone  at  a  sheep ;  another  for  letting 
down  a  man's  fence.  It  was  understo«d  that  he  had  driven  through  the  man's  lot  and  left 
his  fence  down.  During  the  last  year  of  the  war  General  Sherman's  escort  was  from  my 
regiment.  The  lieutenant  commanding  that  escort  was  born  and  raised  near  Milledgeville, 
Georgia.  After  he  was  mustered  out  of  the  service,  in  August  last,  he  returned  to  Milledge 
ville,  but  was  allowed  to  remain  only  six  hours  there.  He  was  mobbed  in  the  streets  of 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA. 

Milledgeville,  and  was  charged  with  being  responsible  for  everything  that  Sherman's  whole 
army  did  in  Milledgeville.     His  friends  and  relations  made  him  leave  to  save  his  life. 

Question.  Is  it  or  not  within  your  knowledge  that  combinations  exist  among  planters  to 
regulate  the  rates  of  labor  among  the  negroes  ? 

Answer.  I  will  state  what  I  know  to  have  been  done  there.  At  Foster  settlement,  m  1  us- 
caloosa  county,  Alabama,  the  planters  this  year  formed  a  combination,  and  refused  to  give 
the  colored  hands  on  a  plantation  more  than  one-eighth  the  net  proceeds  of  the  crop.  A  Mr. 
Beale,  a  planter  there,  had  made  an  arrangement  to  give  his  hands  one-sixth  of  his  crops. 
The  people  then  called  a  meeting,  sent  for  Mr.  Beale,  and  told  him  he  must  change  that  ar 
rangement  ;  and  a  committee  went  from  the  meeting  down  to  the  plantation,  and  told  the 
negroes  there  the  arrangement  must  be  changed,  and  forced  them  to  change. 

Question.  Is  there  a  disposition  among  the  white  people  there  to  educate  the  negroes  and 
improve  their  condition  1 

Answer.  I  should  say  that  the  disposition  was  not  to  educate  them. 

Question.  So  far  as  you  know  are  the  negroes  disposed  to  work  at  fair  compensation  if 
they  can  be  assured  of  their  pay  ? 

Answer.  I  think  they  are.  I  am  strongly  of  that  opinion.  I  have  always  said  everywhere 
that  there  is  more  disposition  among  the  negroes  to  work  than  among  the  white  people. 

Question.  What  is  the  disposition  exhibited  by  the  negroes  in  relation  to  intellectual  and 
moral  improvement? 

Answer.  It  is  better  than  you  could  expect. 

Question.  Have  you  observed  any  change  in  public  sentiment,  either  for  or  against  the 
government,  since  Lee's  surrender  ? 

Answer.  The  greatest  change.  It  is  almost  impossible  to  describe  the  change.  Immedi 
ately  after  the  surrender  of  the  armies  of  the  confederacy  the  people  were  willing  to  accept  the 
condition  of  things  as  they  were.  They  only  asked  to  be  allowed  to  live  there.  But  now 
they  are  haughty  and  overbearing  and  insolent,  and  they  do  not  propose,  if  they  can  help  it, 
to  allow  any  one  to  associate  with  them  politically,  socially,  or  commercially,  unless  he  has 
been  a  rebel,  or  has  given  the  rebellion  his  support,  or  comes  up  to  their  standard.  They 
never  speak  of  a  federal  in  any  other  way  than  as  a  "  Yankee." 

Question.  Are  there  any  indications  as  to  whether  they  mean  to  support  the  government  in 
good  faith? 

Answer.  I  do  not  think  they  do.  They  say  that  when  they  get  power  they  will  repudiate 
the  national  debt.  That  is  common  street  talk. 

Question.  Do  you  know  whether  or  not  they  intend  to  make  any  claims  on  the  govern 
ment  for  losses  that  they  have  sustained  ? 

Answer.  They  do. 

Question.  Is  it  a  matter  of  common  conversation  among  them  ? 

Answer.  It  is  a  matter  of  genera  conversation  everywhere.  I  have  had  claims  offered  to 
me  to  the  amount  of  several  millions  of  dollars  to  take  to  Washington,  but  I  have  invariably 
told  them  that  I  did  not  consider  that  the  claims  were  good  for  anything,  an^  I  have  en 
deavored  as  far  as  I  could  to  discourage  them.  I  have  no  belief  that  they  would  be  paid. 

Question.  If  the  people  were  left  entirely  free  from  military  restraint  or  control  to  elect 
members  of  Congress,  and  were  assured  that  the  men  they  elected  would  be  received  here, 
what  class  of  men  would  they  elect  ? 

Answer.  The  elections  this  year  show  that.  No  man  unless  he  comes  up  to  the  full  standard 
of  a  secessionist  can  be  elected  to  any  office  outside  of  five  counties  in  Alabama? 

Question.  Which  five  counties  are  those  ? 

Answer.  Marion,  Winston,  Walker,  Fayette,  and  Randolph.  They  could  poll  a  very  good 
Union  vote  in  some  other  counties.  But  in  the  counties  I  have  named,  which  were  non- 
slaveholding  counties,  the  Union  men  have  a  very  large  majority.  It  is  respectable  to  be  a 
Union  man  there,  but  in  the  other  counties  it  is  not. 

Question.  To  what  do  you  attribute  the  change  of  sentiment  against  the  government  since 
Lee's  surrender  ? 

Answer.  To  the  policy  of  the  administration. 

Question.  In  what  particular  ? 

Answer.  In  appointing  secessionists  and  rebels  to  office,  and  in  pardoning  them.  One 
gentleman  returned  from  Washington  with  his  pardon,  and  in  conversation  with  me  about  a 
week  after  he  said  that  a  republican  form  of  government  was  a  failure ;  that  he  was  firm  in 
the  belief  that  the  United  States  government  could  not  exist  tea  years. 

Question.  What  was  his  name  ? 

Answer.  William  H.  Jemison,  of  Tuscaloosa. 

Question.  How  would  northern  settlers  be  received  in  Alabama  as  landholders  and  farmers 
or  planters  ? 

Answer.  That  would  depend  entirely  upon  the  locality. 

Question.  I  mean  outside  of  the  five  counties  you  have  mentioned? 

Answer.  They  would  be  received  very  coldly.  The  general  wish  of  the  people  is  that  they 
shall  not  corne.  The  election  in'the  fourth  congressional  district — and  that  has  been  my  ob-- 
sexvatioii  everywhere — was  upon  the  test-oath  issue  ;  that  it  should  not  be  taken.  The  can- 


1 0  RECONSTRUCTION. 

didates  made  the  issue  that  they  could  not  take  it.  It  is  considered  disgraceful  for  a  man  to 
be  able  to  take  the  test-oath. 

Question.  Do  you  mean  that  a  man  who  cannot  take  the  test-oath  would  be  supported? 

Answer.  Yes,  sir.  And  in  that  district  the  man  who  could  not  take  the  oath  was 
elected'  by  five  thousand  majority.  He  said  that  he  thanked  God  that  he  was  not  able  to 
take  it,  and  he  insisted  upon  the  stump  that  President  Johnson  did  not  want  anybody  elected 
who  could  take  it.  It  was  insisted  that  that  was  the  President's  policy. 

Question.  If  the  United  States  troops  were  to  be  removed,  and  the  Freedmen's  Bureau 
suspended,  what  would  be  the  effect  upon  the  colored  people  ? 

Answer.  They  would  be  in  worse  slavery  than  ever.  I  consider  that  the  colored  people 
there  to-day  are  worse  off  than  they  were  when  they  had  masters.  The  masters  had 
an  interest  in  them  to  the  extent  of  so  many  dollars,  and  would  protect  them.  Now  the 
general  disposition  is  to  mistreat  them  in  every  possible  manner.  The  laws  of  the  legislature, 
which  they  passed,  show  that.  The  arming  of  the  militia  is  only  for  the  purpose  of  intimi 
dating  the  Union  men,  and  enforcing  upon  the  negroes  a  species  of  slavery  ;  making  them 
work  for  a  nominal  price  for  whoever  they  choose,  not  allowing  the  negroes  to  have  any 
choice,  any  way.  They  say  the  government  dare  not  hang  Jeff.  Davis.  In  Madison 
county,  a  Mr.  Gurley,  who,  I  believe,  was  the  first  guerilla  of  the  war — who  went  into 
that  business  as  early  as  1862,  when  General  Buell  was  marching  his  army  through 
the  northern  part  of  Alabama,  paying  even  for  the  rails  his  soldiers  took — this  Gurley  was 
elected  sheriff  of  that  county  as  a  reward  for  commencing  guerilla  warfare.  This  Gurley  is 
the  man  who  murdered  General  McCook. 

Question.  Have  you  been  in  any  of  the  other  rebel  States  ? 

Answer.  I  have  been  up  and  down  the  Mobile  and  Ohio  railroad  this  summer,  from  Colum 
bus,  Mississippi,  to  Mobile,  and  I  have  been  at  Columbus  considerable. 

Question.  What  is  the  result  of  ;your  observation  at  Columbus  and  on  the  line  of  the 
railroad  ? 

Answer.  The  same  as  in  Alabama.  I  have  travelled  on  that  railroad  a  dozen  times,  but 
never  travelled  it  without  hearing  people  brag  of  the  amount  of  government  cotton  they  have 
stolen  ;  they  speak  of  it  with  feelings  of  pride.  That  is  the  case  all  over  that  country.  In 
the  large  cotton  producing  country  there  is  a  large  amount  of  government  cotton. 

Question.  Do  you  understand  that  this  cotton  has  been  stolen  by  the  rebels  ? 

Answer.  Large  quantities  of  it  by  the  people  there  ;  the  balance  of  it  by  the  government 
agents  ;  the  majority  of  the  sub-agents  were  rebels,  and  many  others  were  an  irresponsible 
set  of  men.  About  two  weeks  since,  as  I  was  travelling  on  the  Mobile  and  Ohio  railroad,  a 
lady  came  in  and  sat  down  beside  me.  She  took  up  a  newspaper  which  had  an  article  in  it 
about  the  trial  of  Jeff.  Davis.  Glancing  at  the  caption  of  the  article,  she  looked  up  at  me 
and  said:  "  I  will  tell  you  what  I  think  of  Jeff.  Davis.  I  think  he  was  a  greater  and  better 
man  than  Jesus  Christ.  Don't  you  think  so  ?  "  I  state  this  to  illustrate  the  feeling  there. 

Question.  What  positions  in  the  military  service  have  you  held  during  the  war? 

Answer.  Captain,  colonel,  and  brevet  brigadier  general  of  volunteers ;  I  was  in  General 
Sherman's  army. 


WASHINGTON,  January  27,  1866. 

Brevet  Brigadier  General  George  E.  Spencer  was  recalled,  and  added  the  following  to  his 
testimony  of  yesterday : 

Several  soldiers  and  persons  in  the  employ  of  the  government  were  indicted  by  the  grand 
jury  of  Walker  county,  for  burning  the  jail,  and  releasing  some  prisoners  during 'the  war,  by 
order  of  Major  General  Dodge,  of  the  federal  army.  They  are  now  under  indictineut^iud  the 
authorities  there  have  attempted  to  try  them.  I  procured  an  order  from  General  Grierson 
for  their  release. 


WASHINGTON,  January  26,  1866. 

Judge  William  H.  Smith  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  What  is  your  age,  and  where  do  you  reside  ? 

Answer.  My  age  is  thirty-nine  years,  and  I  reside  in  Randolph  county,  Alabama. 

Question.  How  long  have  you  resided  in  Alabama? 

Answer.  About  twenty-five  years. 

Question.  Where  were  you  born  ? 

Answer.  In  the  State  of  Georgia. 

Question.  What  is  your  opinion  of  the  condition  of  public  sentiment  in  Alabama,  in  refer 
ence  to  the  Union  and  the  national  government  ?     Is  it  favorable,  or  unfavorable  ? 

Answer.  I  think  it  is  very  unfavorable,  especially  among  those  who  were  original  seces 
sionists,  and  many  of  those  who  espoused  the  rebel  cause  afterwards.      A  great  many  who 


t 

ARKANSAS GEORGIA — MISSISSIPPI      ALABAMA.  1 1 

went  into  tlio  rebellion  have  the  same  hatred  to  the  government  as  ever,  and  manifest  it  in 
every  possible  way.  As  an  evidence  of  the  feeling  I  will  state  my  own  case.  I  was  origi 
nally  a  Union  mail,  and  refused  to  take  any  part  in  the  rebellion  ;  stood  out  against  it  until 
I  was  compelled  to  leave  home.  The  governor  of  the  State  ordered  me  to  be  arrested  and 
tried  for  treason,  and  sent  a  force  of  cavalry  to  take  me ;  but  I  made  my  escape.  After  the 
war  closed,  I  went  back  home,  and  found  the  rebels  apparently  very  glad  to  see  me,  and  very 
humble.  They  said  at  that  time  that  all  they  wanted  was  to  be  permitted  to  live  in  the 
country,  and  they  would  be  satisfied.  They  appeared  to  be  that  way  for  some  length  of  time, 
until  the  recent  election  in  the  State  for  governor,  members  of  the  legislature,  and  congress 
men.  Since  that  time  they  have  been  very  bold,  very  intolerant,  and  rnauifest  the  most  per 
fect  contempt  for  a  man  who  is  known  to  be  an  unequivocal  Union  man  ;  call  him  a  "gal 
vanized  Yankee,"  and  apply  other  terms  and  epithets  to  him.  In  travelling  on  the  cars  you  can 
hear  such  language  used  every  day  by  people  ;  or  I  can  where  I  am  not  known.  Where  I  am 
known  personally  they  avoid  the  use  of  such  language,  generally ;  but  I  very  frequently 
hoar  it  where  I  am  not  known.  I  frequently  hear  men  say  that  this  matter  is  not  yet  over ; 
tli at  they  will  yet  have  their  independence  ;  that  the  negroes  shall  yet  be  returned  to  slavery. 
They  say,  however,  that  they  do  not  expect  to  go  to  war  against  the  United  States  again  on 
their  ow'n  account.  But  if  the  government  becomes  involved  in  a  war  with  any  foreign  pow. 
er,  which  they  hope  will  soon  be  the  case,  they  will  take  up  arms  against  the  United  States- 
This  is  common  talk  among  them.  Then  the  character  of  the  legislature  of  Alabama  fur 
nishes,  I  think,  strong  evidence  of  disloyalty  ;  that  they  do  not  accept  the  result  of  the  war 
in  good  faith.  The  house  of  representatives  is  sitting  in  Montgomery  now  without  the  United 
States  flag  over  them.  There  is  not  a  United  States  flag  in  the  building  wher.e  the  legis 
lature  is  in  session.  They  are  passing  bills  to  allow  crippled  rebel  soldiers  to  peddle  without 
a  license,  but  never  notice  the  federal  s«  Idiers  whose  condition  is  the  same.  And  when  the 
rebel  General  Bragg  passed  through  Montgomery,  a  resolution  was  passed  inviting  him  to 
take  a  seat  in  the  hall  of  the  house  of  representatives.  When  General  Thomas  passed 
through  there,  they  did  not  notice  him  at  all.  They  show  their  contempt  boldly  and  in  every 
way  for  the  federal  government  and  its  officers.  This  is  manifest  to  every  man  there.  They  still 
persecute  Union  men  and  negroes.  They  whip  the  negroes,  shoot  them,  hang  them,  kill 
them,  now,  for  offences  that  under  the  old  slave  code  they  would  not  hang  a  white  man  for. 
A  Judge  Dorothy,  down  there,  decided  that  the  old  free-negro  code  applied  to  the  freed  men,  and 
they  hung  a  negro  there  under  it.  In  the  election  the  question  was  whether  a  man  could  take 
the  test-oath  or  not.  If  he  could,  they  would  not  vote  for  him ;  if  he  could  not,  then  he  was  all 
right.  The  rebel  General  Battle  made  speeches  there  in  which  he  said  that  he  contemned  and 
spit  upon  and  scorned  the  oath.  So  I  was  informed  and  believe.  And  a  Mr.  Ligon,  who  ran 
against  him,  according  to  common  report,  said  that  he  could  not  take  the  oath,  and  that  he 
would  suffer  his  right  arm  to  rot  off  before  he  would  vote  for  any  one  that  could  take  it.  Yet 
he  was  supported  for  Congress  by  Governor  Parsons.  George  Reis,  a  man  who  could  take 
the  oath,  ran  in  that  district ;  and  the  objection  that  the  secessionists  and  rebels  had  against 
him  was  that  he  could  take  the  oath.  I  overheard  a  conversation  between  some  gentlemen  in 
Montgomery.  I  did  not  know  them,  and  I  presume  they  did  not  know  me.  It  was  when  the 
candidates  first  came  out  for  Congress,  and  they  were  discussing  the  question  of  whom  they 
would  select  for  members  of  Congress.  One  man  observed  that  he  was  an  original  seces 
sionist,  but  he  thought  they  should  accept  in  good  faith  the  condition  of  affairs,  and  send  to 
Congress  the  most  unobjectionable  men  they  could  find  ;  that  it  would  be  better  for  them. 
Several  of  the  others  spoke  up  and  said  that  that  would  not  do ;  that  that  was  not  the  correct 
view  of  the  matter ;  that  it  was  their  interest  to  represent  in  Washington  that  there  was  not 
a  decent  man  in  the  south  who  could  take  the  oath,  and  that  unless  the  men  who  could  not 
take  the  oath  were  admitted  into  Congress,  there  could  not  be  a  decent  representation  ob 
tained  from  the  south.  These  men  say  they  must  make  that  issue  now,  and  not  elect  a  man 
who  can  take  the  oath,  in  order  to  make  that  impression  at  Washington  ;  else  they  will  be 
disgraced  forever,  and  their  children  after  them.  That  is  the  way  they  talk.  You  can  fre 
quently  hear  observations  of  that  sort  among  the  rebels ;  that  is,  if  you  are  not  known  to  be 
a  Union  man.  Where  I  am  known  I  never  hear  anything  of  that  sort ;  but  where  I  am  in  a 
crowd  of  strangers  I  hear  these  things.  And  it  is  very  conclusive  evidence  to  my  mind  that 
they  are  not  loyal,  but  that  they  intend  to  fight  this  matter  over  again,  in  a  different  way. 
They  claim,  openly,  publicly,  and  boldly,  that  the  President  is  their  friend ;  that  he  is 
standing  as  a  wall  of  fire  between  them  and  the  radicals  at  the  north,  and  that  they  must 
sustain  the  President.  And  they  say  more:  that  he  thinks  more  of  a  man  in  the  south  who 
has  fought  for  the  rebellion  than  of  a  southern  man  who  stood  by  the  government.  They 
claim  that  they  are  the  friends  of  the  President,  and  that  he  is  their  particular  friend. 

Question.  What  proportion  of  the  white  people  of  Alabama  are  truly  loyal  ? 

Answer.  I  think  there  are  some  ten  or  twelve  thousand  truly  loyal  men  in  the  State — men 
who  are  voters  if  they  had  any  encouragement  and  support ;  but  they  are  cowed,  not  organ 
ized,  and  have  not  the  spirit  to  say  anything — all  but  a  few  of  us,  who  will  speak  out.  But 
I  tliink  there  are  that  many  truly  loyal  men  in  the  State,  if  they  could  have  the  protection  of 
the  government ;  but  if  the  rebels  are  to  be  restored  to  power  in  the  State,  to  be  rewarded  by 
seats  in  Congress  for  their  treason  against  the  government,  there  will  be  no  loyal  men  in  the 
State;  either  they  will  leave  the  State  or  they  will  join  the  rebel  party.  In  that  case  the 


1 2  RECONSTRUCTION. 

Union  man  will  have  to  do  one  of  two  things  :  if  he  cannot  be  protected  by  the  government 
in  the  expression  of  loyal  sentiments,  he  must  join  the  rebel  party  or  he  must  leave  the  State. 
For  myself  I  wish  the  protection  of  the  government.  I  will  never  join  the  rebels  ;  arid,  as  a 
matter  of  course,  if  they  are  restored  to  power  I  must  leave  the  State.  In  my  opinion  I  could 
not  go  to  Montgomery  now  if  the  federal  troops  were  withdrawn  without  being  hissed  out  of 
the  capital  of  my  State,  if  nothing  worse  was  done  to  me.  It  is  known  there  that  I  joined 
the  federal  army  and  was  with  General  Sherman  in  all  his  campaign  through  Georgia,  South 
Carolina,  and  North  Carolina. 

Question.  Has  there  been  any  change  in  the  public  sentiment  in  Alabama  towards  the  gov 
ernment  since  Lee's  surrender? 

Answer.  I  think  the  feeling  against  the  government  is  a  great  deal  more  bitter  now  than 
it  was  Avhen  Lee  surrendered. 

Question.  To  what  do  you  attribute  that  ? 

Answer.  To  the  character  of  the  appointments  that  have  been  made  and  the  manner  in 
which  the  patronage  of  the  government  has  been  bestowed.  The  rebels  have  had  all  that  in 
their  hands,  and  they  think  they  have  power  again,  and  it  emboldens  them.  I  can  see  no 
other  cause  for  it.  They  say  they  will  soon  have  the  control  of  the  country  again  ;  that  they 
will  have  a  united  south,  and  with  the  demoratic  party  in  the  north,  and  the  President  to 
help  them,  they  will  soon  have  the  control  of  the  whole  country  again.  I  was  talking  with 
Governor  Parsons  the  other  day,  just  before  I  left  Montgomery.  I  talked  to  him  as  if  he 
was  a  Union  man,  although  I  am  satisfied  he  has  gone  over  to  the  rebels.  I  said  to  him,  in 
substance,  this:  "Governor,  the  course  we  should  pursue  here  is  to  make  Avar  on  these 
rebels.  As  for  the  poor,  deluded  common  soldiers,  I  have  sympathy  for  them  ;  but  as  for  the 
rest,  we  must  put  them  down.  The  people  must  blame  some  one  for  this  great  wrong,  and 
if  the  government  does  not  put  a  mark  on  the  leading  rebels  and  blame  them,  the  people  will 
blame  the  government.  But  if  these  men  are  rewarded  for  their  treason  against  the  govern 
ment,  the  plain,  simple-minded  men  will  say  that  the  government  must  be  satisfied  that  they 
have  not  done  wrong  or  it  would  not  reward  them."  "  Well,"  said  the  governor,  "  I  agree 
to  that;  but  let  us  wait  until  we  get  the  State  reconstructed."  "What  do  you  mean  by  that?" 
I  replied.  "Do  you  mean,  wait  until  these  men  are  all  in  power?  That  would  be  too  late. 
We  Union  men  will  then  all  be  driven  out  of  the  country."  And  I  feel  confident  that  that 
would  be  so ;  and  that  is  the  opinion  of  every  truly  loyal  man  in  the  State  with  whom  I  have 
conversed,  and  I  am  just  from  Montgomery  and  have  seen  a  great  many. 

Question.  What  is  the  opinion  of  the  loyal  people  of  Alabama  in  reference  to  representation 
in  Congress,  if  at  the  same  time  the  national  troops  are  to  be  withdrawn  from  the  State  and 
the  people  left  entirely  to  the  local  and  State  authorities  ? 

Answer.  Those  that  I  have  seen  do  not  want  to  be  represented  by  rebels,  by  the  men  now 
elected ;  and  they  do  not  want  the  troops  withdrawn  either,  for  they  are  the  only  protection 
arid  security  loyal  men  have  in  many  parts  of  that  country. 

Question.  Have  you  held  any  office,  civil  or  military,  within  the  last  four  or  five  years  ? 

Answer.  I  have  never  really  held  any  military  office.  I  had  authority  from  General  Grant 
under  which  I  recruited  and  rendered  service  to  the  army  in  that  way,  and  I  was  with  Sher 
man  in  his  campaign,  though  I  had  no  commission  whatever.  I  recruited  for  the  first  Ala 
bama  cavalry,  which  was  commanded  by  General  Spencer,  and  then  I  recruited  for  the  second 
regiment,  which  was  never  completed.  I  was  with  the  army,  all  the  time  engaged  in  re 
cruiting.  I  may  have  recruited  five  or  six  hundred  men  for  the  federal  service. 

Question.  Have  you  ever  held  any  civil  office  ? 

Answer.  Governor  Parsons,  while  he  was  provisional  governor,  appointed  me  judge  of  a 
circuit.  I  accepted  the  office  because  I  felt  like  harmonizing  if  he  would  do  right.  But  I 
have  resigned  for  several  reasons.  I  found  I  could  not  hold  court  without  being  insulted  by 
the  rebel  lawyers  in  their  speeches,  in  which  they  were  upheld  by  the  authorities.  They  did 
not  direct  their  remarks  directly  to  me,  but  they  would  make  some  allusion  to  the  rebellion 
and  glory  in  it,  which  I  did  not  like  to  hear ;  and  the  legislature  elected  a  man  for  solicitor 
of  the  circuit  who  had  been  a  very  violent  rebel,  in  favor  of  hanging  Union  men.  I  did  not  feel 
that  I  ought  to  hold  office  under  the  circumstances,  and  I  resigned.  I  did  not  feel  that  I  ouglit 
to  give  my  sanction  to  what  was  going  on  by  holding  position  under  the  authorities  then  in 
power.  I  was  not  in  accord  with  them,  and  to  hold  office  under  them  I  felt  would  place  me 
in  a  false  position. 

Question.  What  is  the  disposition  of  the  negro  to  work,  if  he  can  be  paid  fair  wages? 

Answer.  I  have  heard  some  complaint  of  their  unwillingness  to  work,  but  I  have  seen  none 
of  that  spirit  manifested  by  them.  Where  I  live  they  have  shown  a  commendable  spirit  in 
that  respect;  they  have  been  anxious  to  contract  to  work.  I  live  in  a  loyal  section  of  the 
State,  as  much  so  as  any  portion  of  the  State.  The  county  in  which  I  live  famished  over 
five  hundred  men  for  the  federal  army;  a  majority  of  the  people  of  that  county  are  loyal. 
The  Tiegro  is  treated  wilh  justice  there.  I  have  seen  no  misbehavior  on  their  part.  Be.'om 
Christmas,  I  believe,  the  negroes  in  some  parts  of  the  State  did  refuse  to  make  contracts  to 
labor.  The  planters  in  some  of  the  lower  counties  proposed  to  give  an  able-bodied  hand  but 
twenty-five  dollars  a  year,  and  as  a  matter  of  course  the  negroes  refused  to  take  that.  But 
the  negroes  are  behaving  themselves,  so  far  as  I  have  seen,  better  than  the  white  people,  or 
at  least  as  well. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  13 

Question.  Do  you  know  anything  of  prosecutions  against  Union  officers  or  soldiers  for  acts 
done  under  orders  during  the  war  ? 

Answer.  I  do  not  know  of  any  such  cases  of  iny  own  knowledge.  I  hare  heard  of  them 
in  other  parts  of  the  State.  There  were  none  in  the  circuit  I  was  on,  that  I  remember,  except 
that  in  St.  Clair  county  there  were,  I  think,  some  Alabamians  indicted  who  had  joined  the 
federal  army,  and  who  had  come  into  that  country  with  a  scouting  party.  I  will  not  be  sure 
of  that,  however,  though  that  is  my  impression.  I  do  know  another  fact,  that  true  bills  and 
indictments  have  been  found  against  a  great  many  Union  men  in  Alabama — against  hundreds 
of  them — and  they  are  not  all  free  from  them  yet ;  and  those  indictments  have  all  grown  out 
of  this  war.  The  only  reason  and  foundation  for  those  indictments  is  the  fact  that  the  men 
are  not  secessionists.  A  Union  man  is  liable  to  be  accused  of  anything,  of  larceny,  burglary, 
or  anything  else,  and  although  there  is  not  the  least  foundation  for  the  charge,  an  indictment 
is  found  against  him,  simply  because  he  is  a  Union  man.  Such  has  been  the  case.  During 
the  war  some  four  or  five  hundred  persons  in  my  county  were  indicted  for  disloyalty  to  or 
offences  against  the  confederacy.  Of  course  all  that  went  by  the  board  with  the  confederacy, 
except  the  feeling  that  is  left.  When  I  held  a  court  there  I  "  noil-pros.  '</"  all  those  cases. 
Still  the  feeling  is  left,  and  the  people  talk  about  building  monuments  to  the  rebel  dead,  and 
hold  meetings  for  that  purpose. 

Question.  Have  you  any  knowledge  of  the  purpose  of  the  people  of  Alabama  in  regard  to 
the  national  debt  ? 

Answer.  I  have  heard  but  little  said  about  it.  I  know  that  the  rebels  do  not  want  to  pay 
it.  But  so  far  as  I  know,  all  the  Union  men  are  in  favor  of  paying  it.  I  do  not  know  one 
Union  man  who  is  not  in  favor  of  paying  it.  But  the  rebels  are  opposed  to  it,  and  depreciate 
the  national  currency  and  talk  against  it,  and  predict  that  it  will  go  down  as  the  confederate 
currency  did. 

Question.  Have  any  steps  been  taken  in  reference  to  claims  upon  the  national  government 
for  losses. sustained  by  the  operations  of  our  armies  during  the  war  ? 

Answer.  I  have  heard  a  great  many  talk  about  claims,  but  I  do  not  know  what  has  been 
done. 


WASHINGTON,  February  7,  1866. 
Judge  William  H.  Smith  recalled  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Do  you  desire  to  add  anything  to  your  former  statement  ? 

Answer.  There  is  one  thing  that  has  come  to  my  knowledge  which  I  will  state.  During 
the  rebellion  there  were  in  Alabama  what  were  called  "home-guards,"  who  murdered  a  num 
ber  of  Union  men,  without  trial  by  court-martial  or  any  trial  of  any  kind.  And  after  Lee's 
surrender  they  murdered  a  number  of  other  men  in  the  same  way.  After  the  provisional 
State  government  was  set  in  operation  the  grand  juries  of  two  counties  found  true  bills  against 
these  parties  for  murder.  The  legislature  has  passed  a  law  authorizing  the  governor  to  par 
don  before  trial  and  conviction,  with  the  view,  I  have  no  doubt,  to  shield  these  men  from 
punishment.  One  reason  for  my  thinking  so  is  the  fact  that  Mr.  William  Barnes,  a  lawyer, 
who  was  engaged  to  defend  some  of  these  men,  was  the  man  who  introduced  that  bill  in  the 
legislature. 


WASHINGTON,  January  26,  1866. 
Mr.  J.  J.  Gries  sworn  and  examined. 
By  Mr.  BOUTWELL: 

Question.  Where  do  you  reside  ? 

Answer.  In  Morgan  county,  Alabama. 
.   Question.  How  long  have  you  resided  in  Alabama? 

Answer.  About  twelve  years.  I  have  lived  in  the  south  for  thirty  years.  I  have  been  a 
slaveholder,  and  have  owned  large  property  in  the  south. 

Question.  What  are  your  views  of  the  present  condition  of  the  public  mind  in  Alabama, 
in  reference  to  the  national  government  ?  State  any  facts  in  your  possession  indicating  the 
state  of  public  sentiment  there. 

Answer.  The  public  sentiment  is  very  bitter  there — as  much  so  as,  in  fact  more  so  than, 
before  the  surrender.  The  extreme  leniency  of  the  government  has  been  the  means  of  spoil 
ing  them  like  children,  I  think.  Men  who  are  known  to  have  given  aid  and  assistance  to  the 
•ational  government,  or  to  have  a  feeling  in  favor  of  the  Union,  are  hardly  recognized  in 
Alabama.  I  think  that  among  the  people  of  Alabama  there  are  a  great  many  people  who 
are  truly  loyal,  but  they  are  afraid  to  admit  it.  The  officers  who  were  appointed  over  us  after 
the  surrender  were  all  rebels.  The  President  was  misinformed.  He  was  lied  to  "directly ; 
that  is  the  only  proper  word  to  use.  We  have  since  obtained  evidence  of  his  being  told  posi- 


14  RECONSTRUCTION. ' 

tive  falsehoods  about  the  men  appointed.  Of  course  the  poor  men  of  the  country  look  to  the 
appointments,  and  when  they  see  those  appointed  who  have  been  advocates  of  the  rebel  cause 
they  consider  it  the  strong  party.  If  some  unmistakable  notice  could  be  given  to  the  people 
there,  which  could  only  be  done  by  the  appointment  of  loyal  men,  I  think  the  tone  of  senti 
ment  would  be  very  greatly  improved.  As  it  is  now  a  great  many  are  timid.  Governor  Pab- 
ton  was  a  financial  agent  of  the  confederate  government  during  the  whole  rebellion — cotton 
agent  and  tax  agent.  Governor  Parsons  was  an  officer  of  the  rebellion.  There  has  not  really 
been  a  single  Union  loyal  man  appointed  to  any  office  whatever,  and  for  that  reason  I  think 
the  people  are  excusable.  They  do  not  know  what  is  right  or  wrong ;  they  are  ignorant,  and 
can  judge  of  affairs  only  from  these  appointments.  General  Grierson  told  me  that  he  had 
reported  to  headquarters  a  great  many  cases  of  outrages  there.  Union  soldiers  have  been 
imprisoned  without  any  cause,  or  rather  for  acts  committed  under  orders  during  the  war,  and 
it  took  the  strong  arm  of  the  military  to  get  them  out  of  prison.  In  Cherokee  county  they 
had  to  pull  down  one  jail,  for  the  sheriff  refused  to  deliver  up  the  soldiers.  The  same  thing 
has  happened  in  several  other  counties,  and  now  they  are  more  courteous.  They  are  all  very 
anxious  that  the  military  should  be  withdrawn,  when,  as  they  say,  they  will  have  it  all  their 
own  way. 

Question.  What  proportion  of  the  people  of  Alabama  are  really  loyal,  and  would  be  so  If 
left  entirely  to  themselves? 

Answer.  I  ran  for  Congress,  and  in  my  district  4,200  men  voted  the  loyal  ticket  under  all 
these  disadvantageous  circumstances.     In  the  next  district  the  loyal  ticket  got  3,000  votes. 
I  know  that  the  truly  loyal  people  of  Alabama,  those  who  have  always  been  loyal,  who  have 
never  wavered,  never  flinched  at  all,  have  a  strength  of  from  12,000  to  14,000  votes. 
Question.  What  is  the  full  vote  of  Alabama  ? 

Answer.  I  think  it  is  from  80,000  to  90,000  votes,  and  I  think  that  under  all  these  circum 
stances  we  have  from  12,000  to  14,000  Union  votes. 

Question.  In  what  part  of  the  State  is  the  largest  loyal  population  ? 

Answer.  In  the  northern  part.  We  raised  there  4,000  troops  for  the  national  army.  Colo 
nel  Spencer  commanded  the  1st  Alabama  regiment,  which  was  General  Sherman's  escort  on 
his  march  from  the  mountains  to  the  sea.  There  are  ten  counties  in  Alabama  that  are  truly 
loyal.  There  is  one  county  that  has  not  one  rebel  in  it  at  all ;  they  had  to  leave,  the  senti 
ment  was  so  strong  against  them.  That  is  Winston  county.  I  have  the  statistics  of  the 
strength  of  every  county  in  the  State. 

Question.  Will  you  furnish  a  copy  of  that  to  the  committee? 
Answer.  I  will  do  so. 

Question.  What  would  be  the  condition  of  the  loyal  men  of  Alabama,  and  of  the  negro 
population  there,  should  the  Union  troops  be  withdrawn  ? 

Answer.  They  could  not  live  there  at  all.  Take  my  case  for  instance:  I  have  been  driven 
from  my  home  for  three  years,  though  I  married  one  of  the  aristocracy.  Governor  Patton 
married  a  sister-in-law  of  mine.  In  the  meantime  I  have  been  assisting  and  aiding  my 
friends  in  various  ways,  not  any  way  connected  with  the  war,  but  humanely  furnishing 
them  supplies,  particularly  women;  granting  them  favors,  protecting  the  country  against 
raids,  and  saving  their  property.  I  have  lost  everything  1  had ;  I  have  hardly  a  dollar 
left.  When  I  returned  they  took  by  civil  law  all  the  corn  raised  on  my  place,  partly  by  my 
freedmen.  They  took  it  by  false  testimony.  The  case  has  been  decided  in  my  favor  again, 
but  the  corn  is  all  gone.  If  the  fountains  are  impure  the  streams  cannot  be  pure.  Every 
judge  in  our  State  is  a  rebel.  Judge  Smith,  who  is  here,  was  appointed,  but  could  not  serve 
as  a  judge,  had  to  resign  because  he  was  a  Union  man. 

We  could  fill  a  book  with  facts  of  wrongs  done  to  our  people  there.  I  am  sorry  to  say 
that  the  sufferings  and  wrongs  of  our  people  are  not  known  in  this  country  at  all.  I  have  a 
petition,  signed  by  400  persons,  to  the  President  not  to  remove  the  military  at  present,  and  not 
to  organize  the  militia  on  a  rebel  basis  as  they  had  commenced  to  do  it,  with  the  same  rebel 
companies  as  before,  under  the  very  same  old  commanders.  The  Union  men  do  not  like  to 
see  these  same  men  who  have  been  fighting  them  organized  and  armed  by  Union  authority 
to  domineer  over  them  again.  The  petition  also  asks  for  some  assistance  from  the  govern 
ment  for  the  people  there.  A  great  many  were  driven  out,  could  make  no  crop,  and  were 
robbed  by  friend  and  foe  almost.  They  ask  that  the  Freedmen'o  Bureau  shall  give  them 
some  assistance. 

You  have  no  idea  of  the  strength  of  principle  and  devotion  these  people  exhibited  towards 
the  national  government.  People  were  hung  or  driven  off;  their  houses  burned  down  ;  their 
wives  and  children  driven  off;  and  still  they  would  not  deny  their  allegiance  to  the  national 
government.  I  saw  a  beautiful  woman  who  had  walked  sixty  miles  in  the  sleet  and  snow, 
•with  an  infant  on  her  breast,  her  house  having  been  burned  over  her  head  There  have  been 
hundreds  of  such  cases.  It  would  be  an  act  of  humanity  to  assist  these  people — an  act  of 
charity  which  would  never  be  forgotten. 

Question.  Is  there  any  assistance  rendered  to  the  people  in  the  way  of  supplying  them 
With  rations  and  clothing  ? 

Answer.  There  is  by  General  Howard ;  but  it  is  distributed  through  the  rebel  office-holders. 
The  judge  of  probate  is  generally  a  rebel,  and  he  will  not  assist  "the  damned  tories,*'  as  the 
Union  people  are  called. 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  15 

Question.  The  assistance  does  not  reach  the  Union  men  ? 

Answer.  In  many  cases  it  does  not ;  in  some  cases  it  does.  My  wife  has  distributed  a 
great  many  rations  for  the  poor  people  there.  Governor  Patton  is  a  much  better  man  than 
Governor  Parsons  was.  Governor  Patton  has  vetoed  some  of  the  laws  passed  against  the 
freedmen.  He  is  more  of  a  national  man,  and  he  may  become  all  right. 

Question.  What  would  be  the  feeling  of  the  loyal  people  of  Alabama,  in  regard  to  repre 
sentation  in  Congress,  if,  as  a  consequence,  the  Union  troops  were  to  be  withdrawn  from  the 
State,  and  the  entire  population  left  to  the  control  of  the  State  authorities  as  before  the  war  ? 

Answer.  I  think  the  time  has  not  yet  arrived  for  that.  The  people  cannot  yet  see  the 
visible  power  of  the  government  right  before  them  without  the  troops.  It  is  impossible  in 
one  day  for  a  whole  population  to  change  their  sentiments.  But  I  think  time  will  work 
wonders.  There  are  thousands  of  poor  confederate  soldiers  who  were  Union  before  the 
rebellion,  and  are  heartily  tired  of  the  rebellion  now.  I  could  raise  a  thousand  men  to  fight 
the  rebels.  But  we  want  peace,  not  a  Mexico  here. 

Question.  According  to  your  observation,  what  is  the  disposition  of  the  freedmen  in  refer 
ence  to  working  if  they  can  obtain  fair  wages  ? 

Answer.  They  are  exactly  like  Avhite  people  ;  if  you  treat  them  well  they  will  work  well. 
I  have  no  difficulty  with  them  myself.  I  could  hire  a  thousand  of  them  if  I  wanted  them. 
But  I  have  been  entirely  ruined  by  this  rebellion,  as  nearly  all  Union  men  there  have  been. 
There  is  a  kind  of  innate  feeling,  a  lingering  hope  among  many  in  the  south,  that  slavery 
will  be  regalvanized  in  some  shape  or  other.  They  tried  by  their  laws  to  make  a  worse 
slavery  than  there  was  before,  for  the  freedrnan  has  not  now  the  protection  which  the  master 
from  interest  gave  him  before.  If  the  laws  proposed  the  other  day  in  Montgomery  had  riot 
been  vetoed  by  Governor  Patton,  there  would  have  been  a  worse  kind  of  slavery  than  ever, 
and  it  is  so  in  all  those  States. 

Question.  What  is  the  disposition  among  the  landholders  with  reference  to  paying  the 
laborers  fair  wages,  and  allowing  them  free  competition  as  in  the  north? 

Answer.  It  depends  all  upon  the  men.  There  are  some  who  act  very  honorably  ;  others 
do  not.  Still  the  freedmen  will  have  to  be  guarded  for  a  while,  and  the  Freedmen's  Bureau 
will  have  to  throw  some  protection  around  them. 

Question.  Is  there  any  combination  among  employers  to  regulate  the  price  to  be  paid  for 
labor  ? 

Answer.  Not  that  I  know  of.  But  they  would  not  tell  me  if  there  was,  for  they  know  I 
am  reporting  everything  to  the  government.  I  have  been  a  slaveholder,  and  niy  former 
slaves  are  with  me  yet.  There  are  a  great  many  men  who  treated  their  slaves  kindly,  who 
still  retain  them.  We  need  teachers  in  our  country.  I  am  trying  now  to  get  teachers  to  go 
out  there. 

Question.  How  would  northern  teachers  be  received  by  those  who  sympathized  with  the 
rebellion? 

Answer.  In  our  section  of  the  State  they  would  be  received  very  well,  and  I  hope  that 
teachers  will  be  sent  out  there. 

Question.  Has  there  been  any  change  in  the  public  sentiment  in  Alabama  since  Lee's 
surrender,  either  for  or  against  the  government  ?  If  so,  what  has  been  the  cause  of  the 
change  ? 

Answer.  At  the  time  of  the  surrender  I  found  the  people  entirely  willing  to  submit  to 
anything  and  to  everything.  I  was  sent  for  by  General  Thomas  to  reorganize  civil  law  in 
that  part  of  the  country.  The  people  then  would  have  accepted  any  terms  and  every  term. 
If  I  give  the  cause  of  the  change  in  feeling  I  would  blame  the  President.  I  do  not  want  to 
raise  an  issue  with  him,  because  he  is  a  friend  of  mine.  He  has  been  deceived.  We  wanted 
another  man  appointed  governor,  the  most  brilliant  man  in  our  party.  But  Governor  Par- 
sous,  who  had  acted  with  the  rebel  party  and  could  not  take  the  oath,  was  appointed 
governor,  and  now  he  is  elected  United  States  senator.  I  think  it  has  been  the  mistaken 
policy  of  appointing  men  not  loyal  that  has  produced  the  change  in  public  sentiment. 


WASHINGTON,  January  27,  1866. 
Mr.  Mordecai  Mobley  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 
Answer.  In  this  city  at  present. 
Question.  Is  this  your  usual  residence  ? 

Answer.  I  have  resided  here  since  the  winter  of  1862.     I  am  an  employ6  of  the  govern 
ment. 

Question.  Where  is  your  home  ? 

Answer.  I  am  from  Iowa ;  that  is  my  home  ;  the  town  of  Dubuque. 

Question.  In  what  department  are  you  employed  ? 

Answer.  The  Interior  Department — the  General  Land  Office. 


16  RECONSTRUCTION. 

Question.  Since  1862  you  have  visited  what  rebel  States  ? 

Answer.  Last  October  and  November  I  visited  Arkansas,  Tennessee,  Mississippi,  and 
Alabama. 

Question.  What  places  in  Arkansas  did  you  visit  ? 

Answer.  Little  Rock. 

Question.  Any  other  town  of  consequence  ? 

Answer.  No,  sir;  my  business  was  there.  I  went  there  on  board  a  boat,  and  staid  there 
two  days  and  returned  to  Memphis. 

Question.  State  the  results  of  your  observations  while  in  Arkansas  as  to  the  condition  and 
temper  of  the  people  of  Arkansas. 

Answer.  Nothing  occurred  during  my  visit  there ;  no  incident  worthy  of  note.  I  was  at 
a  hotel  there — one  of  the  leading  hotels  in  the  south.  During  the  day  my  business  was  in 
relation  to  the  land  office.  At  night  I  mixed  among  the  people  at  the  hotel. 

Question.  You  had  no  great  opportunities  of  observing  the  feeling  of  the  people? 

Answer.  No,  sir.  I  heard  them  talk,  was  introduced  to  some,  and  knew  some  gen 
tlemen  there,  but  I  heard  no  disloyal  sentiments  expressed. 

Question.  What  was  the  date  of  your  visit  there  ? 

Answer.  Early  in  November,  1865. 

Question.  You  transacted  your  business  and  left  ? 

Answer.  I  transacted  my  business  and  returned  to  Memphis,  Tennessee. 

Question.  What  was  the  result  of  your  observations  at  Memphis  in  regard  to  the  loyalty 
of  the  people  and  their  respect  for  the  government  of  the  United  States  ? 

Answer.  At  Memphis  I  remained  a  few  days.  I  have  a  son-in-law  who  has  been  there 
two  years,  and  my  wife  is  there  now.  On  the  13th  day  of  the  month  I  made  my  report  to 
the  Commissioner  of  the  General  Land  Office,  as  to  Arkansas,  in  regard  to  opening  a  land 
office  and  consolidating  the  district.  I  was  unwell  while  at  Memphis,  and  staid  iu-doors. 
I  had,  therefore,  no  opportunity  of  mixing  among  the  people  and  hearing  anything.  On  the 
16th  of  November  I  started  from  there  to  go  to  Montgomery,  Alabama. 

Question.  What  did  you  discover  there? 

Answer.  I  would  like  to  state  facts  that  occurred  on  the  way.  The  object,  I  suppose,  is  to 
show  the  temper  and  disposition  of  the  people  of  the  south.  When  I  started  on  the  cars  at 
Memphis  I  was  somewhat  surprised  to  see  no  northern  men  on  board;  they  were  all  southern 
people.  I  travelled  that  day  to  Corinth,  Mississippi,  and  there  waited  some  hours  for  the 
train  of  the  Louisville  and  Mobile  road.  I  took  that  train ;  I  had  no  conversation  on  the 
train ;  I  only  observed  that  they  were  all  southern  people. 

Question.  How  could  you  tell  that  ? 

Answer.  From  the  peculiar  dress  and  habits,  and  the  peculiar  pronunciation  of  certain 
words.  A  northern  man  can  be  known  from  his  dress — his  hat.  Nearly  all  the  people  in 
that  section  dress  in  homespun — rough  sheep's  gray  clothing,  butternut  and  walnut ;  and 
wear  slouched  hats.  I  was  dressed  like  a  northern  man;  they  could  all  tell  in  a  moment 
that  I  did  not  belong  to  the  south.  I  expected  to  see  a  great  many  northern  people  trav 
elling,  but  found  none.  The  train  did  not  leave  Corinth  till  near  morning,  and  when  day 
light  opened  I  saw  the  same  class  of  people  on  the  car,  and  was  surprised  to  see  no  northern 
men,  at  least  none  that  I  could  identify  as  such.  Part  of  that  day  I  rode  alongside  of  a 
Georgia  man,  and  we  conversed  freely  on  the  subject  of  the  late  war. 

Question.  Was  he  an  intelligent  or  an  ignorant  man  ? 

Answer.  An  intelligent  man. 

Question.  A  man  of  property? 

Answer.  That  I  do  not  know.  He  was  on  his  way  back  to  Georgia,  and  appeared  to  be  a 
planter. 

Question.  Did  he  say  he  was  a  planter? 

Answer.  He  did  not.  I  remarked  to  him  that  I  thought  the  southern  States  .were  precipi 
tate  in  this  matter,  and  were  to  blame  for  going  out  of  the  Union;  that  they  ought  rather  to 
have  sought  their  rights  in  the  Union ;  and  if  they  had  had  a  convention  of  all  the  States  I 
thought  the  matter  might  have  been  settled  without  this  civil  war.  He  admitted  that.  And 
most  that  I  talked  with  said  they  were  opposed  to  secession,  but  still  they  were  carried  on. 
with  the  leaders.  Said  this  man  in  the  course  of  the  conversation,  "What  are  you  going  to 
do  with  the  negro?"  Said  I,  "Nothing  at  all;  they  must  remain  in  these  States.  You  need 
them — you  need  their  labor."  "  Well,"  said  he,  "  we  don't  want  them  here."  Said  I,  "Sir, 
they  must  stay  here;  they  cannot  be  colonized.  All  you  have  to  do  is  to  treat  the  negro 
with  justice,  give  him  a  fair  compensation  for  his  labor,  and  they  will  stay  here;  and,  more- 
orer,  (he  negroes  of  the  north  will  come  down  here."  Said  he,  "  We  don't  want  them  here  ; 
we  want  the  government  to  clear  them  out." 

Question.  Did  he  in  that  connexion  refer  to  the  local  feeling  of  the  place  where  he  resided 
as  being  in  favor  of  the  expulsion  of  the  negro '/ 

Answer.  Yes,  sir;  he  was  from  the  State  of  Georgia.  The  next  day  I  started  off  in  com 
pany  with  him  and  others  in  the  direction  of  Montgomery.  The  first  point  we  arrived  at  was 
called  Denitipolis,  on  the  Tombigbee  river.  There  I  noticed  on  the  cars,  on  the  second  day, 
a  man  whom  I  had  seen  the  day  before.  I  judged  him  to  have  been  an  officer  in  the  confed 
erate  service,  about  thirty  years  of  age,  one  of  those  resolute,  daring,  desperate  looking  men. 


While  they  were  drinking,  the  man  they  called  Bruce  looked  up  to  me,  and  seeing  my 
clothes,  said,  "  Do  you  belong  to  the  confederacy  ?"  Said  I,  "No,  sir."  "  Where  do  you 
live?"  '*Jn  Washington."  "Do  you  know  JB.  B.French?"  (Commissioner  «of  Public 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  1 7 

He  had  lost  his  right  arm,  close  up  to  his  shoulder,  and  two  fingers  of  his  left  hand.  He 
had  a  brace  of  revolver*  buckled  around  him.  We  were  detained  at  Demopolis;  we  had  to 
cross  the  river  and  take  the  cars  for  Selma,  which  is  about  fifty  miles  from  Demopolis.  When 
the  train  came  in,  it  was  a  platform  gravel  train ;  the  passenger  train  had  got  off,  and  about 
a  hundred  of  us  had  to  take  the  platform  cars,  with  all  our  "plunder,"  (baggage.)  We  had  • 
to  get  such  seats  as  we  could  on  trunks  and  boxes,  I  got  a  seat  on  some  casks.  This  man 
that  I  described  with  one  arm  got  boisterously  drunk  before  we  started.  He  was  a  planter, 
I  was  sure,  and  lived  between  Demopolis  and  Selma.  I  was  so  unfortunate  as  to  get  a  seat 
inclose  proximity  with  him,  and  also  to  a  man  whom  they  called  "Bruce."  They  were 
both  drunk.  The  bulk  of  the  passengers  were  behind  me,  and  I  could  not  well  get  away. 

-  -  .-••—•»  ,11 

\\  hile 

cl 

live?"     '|Jn  Washiugt 

Buildings.)     "Yes,  sir,"  said  I.     "Well,"  said  he,  "Mr.  French  knows  me  very  well;  he 

and  I  used  to  be  in  business  together."     We  finally  started;  I  saw  no  northern  man  on  the 

train.     This  fellow  with  one  arm  drew  his  pistol  and  was  shooting  at  different  objects  along 

the  road,  from  the  platform  of  the  car,  for  amusement — shooting  with  his  left  hand.     At  tho 

first  station  we  took  on  some  negroes.     They  were  lying  around  loose  at  ail  the  stations 

Among  other  "plunder,"  one  of  them  had  a  string  of  chickens. 

Question.  By  plunder  you  mean  baggage  '! 

Answer.  Yes,  sir;  whatever  they  had.  The  string  of  chickens  lay  right  close  to  me.  I 
was  between  the  chickens  and  these  two  drunken  men.  While  the  cars  were  in  motion 
this  fellow  with  one  arm  stepped  before  me  and  took  one  of  the  chickens  by  the  head  and 
swung  it  around  his  head  with  the  whole  string  until  he  screwed  off  the  head  of  the  chicken,  and 
threw  the  pile  down  on  the  platform.  He  laughed,  and  others  laughed.  He  picked  up  another 
and  went  through  the  same  operation.  The  negro  that  owned  them  dared  not  open  his  mouth. 

Question.  The  negro  was  close  by  ? 

Answer.  Oh,  yes,  sir;  he  was  just  beyond  and  saw  it,  but  dared  not  say  a  word.  When 
the  man  took  his  seat  the  negro  picked  up  his  chickens  and  took  them  forward— what  was 
left  of  them ;  two  of  them  flew  off  the  car.  Well,  just  after  the  man  had  done  that,  he  swung 
his  arm  right  over  my  head,  and  said  "  I  can  whip  any  damned  Yankee  aboard  of  this  train  ; 
I  don't  care  a  damn  whether  he  has  Yankee  clothes  on  or  not ;"  and  repeated,  "  any  damned 
Yankee  on  this  train  I  can  whip."  ]  knew  that  was  intended  for  me,  but,  under  the  circum 
stances,  I  did  not  even  look  up.  He  finally  stepped  back  after  that  flourish  and  banter  and 
sat  down  behind  me.  There  was  a  negro  sitting  on  the  platform  within  reach  of  this  fellow, 
and  he  reached  cut  and  took  hold  of  the  negro's  hat  and  jerked  it  violently  off  from  his  head. 
The  negro  looked  rather  sour.  Then  he  drew  back  and  struck  the  negro  as  hard  a  blow  as 
he  could  with  his  fist,  and*then  tried  to  kick  him  off  the  platform  while  the  car  was  in  motion. 
He  did  not  accomplish  that ;  the  negro  was  a  little  too  far  off.  Directly  afterwards  the  cars 
stopped  and  the  negro  jumped  down,  ran  forward,  and  got  another  seat  out  of  his  way. 

Question.  Did  no  white  man  offer  to  interfere  and  protect  the  negro  or  his  property  ? 

Answer.  No,  sir;  no  person  dared  to  interfere  in  any  way. 

Question.  Did  you  hear  any  remonstrance  or  entreaty  ? 

Answer.  Not  a  word.  The  truth  of  the  matter  is,  the  southern  people  don't  care  anything 
about  it;  and,  besides,  it  wrould  not  have  done  to  interfere  with  a  man  as  desperate  as  he  was 


with  his  pistols  about  him.     At  the  next  stopping  place  we  got  rid  of  him,  and  I  was  very 
That  night  we  got  to  Selma.     I  found  the  hotel  full  of  people, 
a  great  many  of  them  going  to  Montgomery.     I  saw  there  a  large  gentleman  whom  I  had 


happy  when  he  got  off. 


noticed  on  the  platform  cars,  and  I  took  a  seat  by  him  and  entered  into  conversation.  He 
told  me  that  there  were  about  twenty  members  of  the  Alabama  legislature  there  going  on  to 
Montgomery,  and  they  were  very  anxious  to  get  there  the  next  day,  (Sunday,)  because  the 
legislature  convened  on  Monday,  November  &U.  I  told  him  who  I  was,  and  what  my  busi 
ness  was. 

Question.  State  in  general  terms  what  your  business  was. 

Answer.  It  was  to  see  if  the  archives  of  the  laud  office  in  Montgomery  could  be  found,  and  to 
report,  from  the  best  information  I  could  get,  whether  we  could  consolidate  the  disiricts,  or 
whether  we  should  open  more  than  one  office  in  the  State.  A  register  and  receiver  had  been 
appointed  in  Montgomery.  I  told  him  this,  and  that  I  was  on  special  service  for  the  govern 
ment  ;  and  I  asked  him  to  give  his  opinion  in  regard  to  the  consolidation,  looking  to  the  in 
terest  of  the  government  and  the  convenience  of  the  people.  He  gave  me  his  opinion.  Then 
we  talked  about  our  political  troubles.  I  told  him  that  I  had  always  been  a  Henry  Clay 
whig,  and  that  I  had  slid  into  republicanism  and  Um'ouism.  He  was  a  very  intelligent  man,  • 
and  a  member  of  the  legislature.  Said  he,  "Sir,  I,  too,  was  a  Henry  Clay  whig.  I  pleaded 
against  secession.  I  told  our  people  that  the  only  guarantee  we  had  for  slavery  was  found  in 
the  Constitution  of  the  United  States,  and  that  the  very  moment  we  cut  loose  from  that  wo 
won'  gone,  and  the  institution  of  slavery  would  be  destroyed.  But  we  were  forced  into  seces 
sion,  and  the  result  is  just  as  I  foresaw  it.  Now,  here  is  this  great  mass  of  negroes  thrown 
upon  us,  and  we  must  legislate  in  regard  to  them.  And  my  view  is — and  I  have  discussed 
it  before  my  people,  and  presented  it  to  leading  men,  and  they  did  not  object  to  it — that  the 
best  method  under  all  the  circumstances  is  this:  (Our  people  are  a  little  afraid,  by  the  way, 

2  A  G  M  A 


18  RECONSTRUCTION. 

that  the  northern  people  may  think  that  they  see  in  it  some  attempt  to  re-enslave  the  negro, 
and  it  may  embarrass  us  in  our  reconstruction,  or  in  our  efforts  to  get  back  into  the  govern 
ment.)  Now,  there  are  three  classes  of  people  for  whom  I  propose  to  legislate.  I  propose  to 
take  first  the  able-bodied  class,  and  apply  to  them  a  vagrant  law,  making  no  distinction  be 
tween  white  and  black,  and  to  provide  that  any  person  who  is  found  loitering  about  without 
the  means  of  support  shall  be  tried  for  vagrancy,  and  if  found  guilty,  to  be  sold  for  twelve 
months,  the  proceeds  to  go  into  the  county  treasury.  That,  I  think,  will  stimulate  this  class 
to  go  to  work,  and  it  will  be  penalty  enough.  Then  I  propose  to  take  hold  of  the  class  of 
minors  with  an  apprentice  law,  and  provide  that  the  masters  shall  educate  them  so  as  to  read 
and  write,  and  when  they  are  of  age  give  them  a  good  suit  of  clothes,  a  horse  and  saddle  and 
bridle,  or  a  hundred  dollars  in  money,  and  some  little  outfit.  Then  there  is  a  third  class  of 
little  children  and  old,  decrepit  men  and  women,  who  have  no  means  of  supporting  themselves. 
1  propose  «ihat  eveiy  county  shall  have  its  poor-house,  where  this  class  shall  go  adR  be  sup 
ported  at  the  expense  of  the  county,  and  that  a  farm  shall  be  provided  where  all  who  are  able 
shall  do  a  little  work,  and  so  help  support  themselves."  Said  I,  "That  will  do;  it  will  be 
perfectly  satisfactory,  I  think,  to  the  people  of  the  north,  the  great  body  of  whom  have  no 
unkind  feelings  towards  the  people  ot  the  south,  but  only  ask  that  you  shall  do  justice  to  the 
negro.  We  do  not  care  how  rigid  your  laws  may  be  to  make  the  negro  work ;  only  give  him 
a  fair  chance,  and  protect  him  as  you  protect  the  white  man.  If  you  can  enact  that  into  a 
law,  I  think  it  is  the  best  plan  I  have  heard  suggested." 
Question.  Did  you  get  the  name  of  the  gentleman  ? 

Answer.  Yes,  sir ;  it  was  Smith,  of  Choctaw  county.  I  see  that  he  has  not  been  able  to 
get  it  through  the  legislature  since  I  left.  The  next  day  I  got  a  seat  in  the  stage.  I  found 
eight  members  of  the  legislature  inside  and  one  on  the  outside.  I  did  not  want  to  talk,  but 
to  let  them  do  the  talking.  They  did  not  know  who  I  was  until  twelve  or  one  o'clock,  when 
a  man  who  sat  in  front  of  me  could  not  stand  it  any  longer,  and  although  my  appearance 
was  against  it,  presuming  that  I  was  a  member  of  the  legislature,  as  I  was  going  to  Mont 
gomery,  he  said,  "What  county  are  you  from  1 "  Said  I,  "  No  county  at  all ;  I  don't  belong 
to  your  State."  "  Where  do  you  reside ?"  he  inquired.  "In  Washington  city/' paid  I.  I 
had  heard  these  members  talk  a  half  a  day,  and  they  had  all  been  leading  or  active  men  in 
the  rebellion.  We  were  right  along  in  the  trail  of  Wilson's  raid,  and  some  of  them  fought 
against  Wilson,  embarrassing  his  progress  all  they  could.  They  compared  notes,  to  some 
extent  being  strangers  to  each  other,  and  showed  the  different  positions  of  troops  in  different 
places.  They  compared  notes  in  reference  to  the  results  of  the  elections  in  the  State  of 
Alabama,  and  after  that  the  whole  thing  was  summed  up  by  the  most  intelligent  of  the  men, 
whom  they  called  doctor,  (I  did  not  get  his  name,)  who  said  that  not  a  single  county  in  the 
State  had  returned  a  "tory"  delegation  to  the  legislature. 
Question.  What  did  he  mean  by  tory  ? 

Answer.  He  meant  Union  men,  or  men  friendly  to  the  United  States  government.  There 
were  a  few  in  the  different  counties,  but  they  were  powerless.  I  set  that  down  as  a  fact  of 
some  importance,  and  I  inferred  from  it  that  if  only  that  class  of  men  that  I  saw  can  be 
elected  to  the  legislature  in  the  southern  States,  no  other  class  could  be  elected  by  the  same 
people  to  the  Congress  of  the  United  States,  nor  would  such  legislatures  send  true  Union  rneii 
to  the  United  States  Senate. 

Question.  Did  you  understand  from  the  conversation  with  these  members  that  any  of  them 
had  had  Union  competitors  at  the  previous  election  ? 

Answer.  No,  sir;  I  did  not.  They  inquired  about  one  county  in  particular,  (Marion,) 
where  the  Union  men  were  perhaps  stronger  than  in  any  other,  and  the  result  was  that  not  a 
Union  man  succeeded  in  that  doubtful  county.  So  that  not  a  single  county  elected  a  Union 
man.  They  treated  me  politely  when  they  found  out  where  I  was  from  and  before,  but  that 
did  not  check  them  in  their  talk.  They  all  felt  alike.  They  considered  themselves  in  the 
right  arid  the  north  in  the  wrong.  They  all  believed  in  the  right  of  secession,  and  that  they 
had  acted  only  in  defence  of  their  constitutional  rights.  They  admitted  no  justification  on 
the  part  of  the  north,  but  regarded  the  destruction  of  their  property  as  vandalism.  They 
looked  upon  their  own  side  of  the  case  alone. 

Question.  Did  you  hear  them  make  use  of  any  bitter  or  contemptuous  expressions  towards 
the  government? 

Answer.  Not  these  men,  but  I  could  see  that  the  state  of  feeling  in  all  of  them  was  that 
they  had  been  outrageously  abused  and  oppressed,  and  their  property  destroyed  without  auy 
justification  whatever. 

Question.  Did  any  of  them  speak  of  the  rebels  having  struck  the  first  blow  in  the  war  ? 
Answer.  No,  sir;  that  subject  was  not  discussed.  We  got  to  Montgomery  that  night,  and 
the  next  morning  the  legislature  convened.  The  hotel  where  I  put  up  was  tilled  with  mem 
bers  of  the  legislature  and  citizens.  I  went  up  to  the  State-house  in  the  morning.  They 
were  organizing  the  two  houses.  I  did  not  stay  but  a  little  while.  I  did  my  business — all 
I  could  do  there — and  was  ready  to  leave  the  next  day. 

Question.  Did  you  see  the  United  States  flag  in  or  about  the  capitol? 
Answer.  No,  sir.     I  have  seen  published  statements  since  that  these  southern  States  were 
all  right,  and  that  the  flag  of  the  United  States  was  waving  on  the  capitol  of  Mississippi  and 
Alabama.     There  is  not  a  word  of  truth  in  it.     There  was  no  United  States  flag  at  either  of 


ARKANSAS — GEORGIA MISSISSIPPI ALABAMA.  1 9 

those  capitols,  and  is  not,  I  am  sure,  to  this  day.  At  the  hotel  that  night  I  listened  as  much 
as  I  could.  I  heard  three  men,  who  appeared  to  be  members  of  the  legislature,  talking  on 
the  subject  of  reconstruction.  One  of  them  said,  "Gentlemen,  we  have  done  everything  the 
President  told  us  to  do.  Why  does  he  come  down  with  further  tests  and  ask  us  now  to  adopt 
this  constitutional  amendment  about  the  negroes'  freedom  ?  Why  not  let  us  in  ?  We  have 
done  all  he  told  us  to  do  in  the  first  place."  And,  said  he,  naming  a  certain  prominent  man 
in  Alabama,  whose  name  I  am  sorry  I  can't  remember,  "That  man  was  at  Washington  city 
just  before  our  election,  and  he  told  me  that  when  he  left  there  Andrew  Johnson  shook  him 
warmly  by  the  hand,  and  told  him  to  go  home  and  return  the  right  kind  of  men  to  Congress 
and  all  would  be  well ;  that  he  would  ask  Congress  to  repeal  the  test  oath,  and  if  they  refused 
to  do  so  he  would  bring  all  the  power  of  the  government  to  bear  to  compel  them  to  do  it." 
Well,  I  thought  that  a  very  rash  speech,  if  President  Johnson  had  made  such  a  one,  and  I 
had  my  doubts  about  it.  But  it  came  so  straight  from  that  man  that  I  could  not  well  doubt 
it.  But  on  returning  to  Memphis  I  saw  a  synopsis  of  the  President's  message,  in  which  he 
said  nothing  about  the  test  oath,  and  I  concluded  that  there  was  a  mistake  about  it,  or  that 
if  the  President  did  tell  the  man  so,  he  was  afraid  to  tell  Congress  so. 

Question.  Were  you  in  Montgomery  after  the  President's  message  was  delivered  in  De 
cember  last  ? 

Answer.  No,  sir ;  the  message  had  not  reached  Montgomery  when  I  was  there ;  on  my 
return  to  Memphis  I  saw  the  synopsis.  At  Montgomery  a  Mr.  Edwards  is  in  the  land  office — 
a  very  loyal  man — who  spent  four  years  in  the  service  in  the  war.  He  told  me  he  had  his 
wife  and  daughter  there;  but,  said  he,  "  We  are  insulted  at  our  boarding-house  at  the  tabfe 
on  account  of  our  being  northern  people.  All  these  people  are  bitterly  opposed  to  the  gov 
ernment.  We  have  no  sympathy  here  at  all  I,  Mobley,  would  not  stay  here  for  the  best 
farm  in  the  State.  A  northern  man  can't  live  here." 

The  next  day  I  got  a  chance  to  turn  my  face  homeward.  I  went  .to  the  captain  of  the 
boat  to  get  a  state-room.  He  said  he  would  have  to  put  me  in  with  somebody  else.  Said  I, 
"Do  the  best  you  can."  I  gave  him  my  name,  Mobley,  and  he  asked  if  I  was  from  Du- 
buque  ?  I  told  him  I  was.  Then  he  said,  "I  know  you  ;  I  used  to  be  second  clerk  on  the 
steamboat  Lamartine,  where  your  son-in-law  was  first  clerk ;  my  name  is  Kinuey.  There 
was  a  large  man  standing  by,  and  hearing  that  I  was  from  Dubuque,  and  that  somebody 
was  to  be  put  in  with  me,  said,  "Put  me  m  with  him  ;  I  am  from  near  Chicago  ;  there  are 
three  of  us  here."  I  said,  "That  will  do — all  right.''  I  went  out  on  the  guard  and  said, 
"  Sir,  what  are  you  doing  here  ?"  Said  he,  "We  are  looking  after  a  cotton  farm."  Said  I, 
"  You  are  very  rash;  you  northern  men  can't  live  in  this  country.  These  people  have  no 
sympathy  or  friendship  for  you ;  they  will  injure  you  in  person  and  property.  You  are  not 
only  risking  your  money,  but  your  lives,  and  my  advice  is  to  get  out  of  this  country  just  as 
fast  as  you  can.  The  only  way  northern  men  can  live  here  is  by  coming  in  large  columns. 
The  people  of  all  this  country,  from  all  I  can  gather,  have  a  deadly  hatred  of  northern  men." 
On  the  cars  as  I  passed  along  I  heard  a  southern  man  say,  "One  of  our  men  is  worth  all 
the  Yankees  that  were  ever  born."  We  passed  on ;  they  stopped  in  Alabama,  still  clinging 
to  the  idea  that  they  would  buy  a  cotton  farm.  They  were  the  only  northern  passengers  I 
saw.  One  of  them  had  been  a  colonel.  He  had  talked  with  leading  men,  and  they  had  en 
couraged  him  in  introducing  nof  them  capital  and  skill  as  the  only  way  to  recuperate  the 
condition  of  the  southern  plates.  But  I  saw  how  the  man  was  deceived,  and  told  him  so,  as 
to  the  temper  of  the  masses. 

Mr.  Kinney  took  me  up  in  his  state-room  when  the  boat  started,  and  told  me  that  when 
the  war  broke  out  he  was  running  a  boat  from  New  Orleans  to  Memphis.  He  was  a  northern 
man,  and  his  family  lived  at  Memphis.  But,  said  he,  "The  rebels,  on  suspicion,  took  my 
boat  away.  I  went  back  to  Memphis.  I  could  not  afford  to  lose  all,  and,  having  a  family 
to  support,  I  went  in  for  Jefferson  Davis  and  the  southern  confederacy  my  whole  length. 
They  gave  mo  back  my  boat  again,  and  now  I  am  all  right.  My  freinds  in  the  south  bought 
this  boat,  and  I  am  running  it.  I  am  known  as  a  friend  of  the  confederacy,  hence  I  do  all 
the  business." 

I  spent  a  night  at  Selma,  about  eighty  miles  below  Montgomery  by  water  fifty  by  land. 
In  the  morning  early  I  met  a  young  planter,  about  thirty  years  of  age.  Said  he,  "  I  have  a 
large  plantation  on  the  Alabama  river.  I  have  seventy -five  negroes ;  they  are  all  free,  and, 
damn  'em,  I  can't  drive  'em  off  my  place.  They  are  hanging  round,  eating  up  all  I  have.  I 
threatened  to  shoot  them  if  they  didn't  leave ;  but  they  won't  go.  I  had  eighty-seven 
shoats ;  they  have  eat  up  eighty  of  them.  A  friend  of  mine  sent  up  an  ox  into  the  cane- 
brake  to  fatten.  He  got  so  fat  he  could  hardly  waddle,  and  the  other  day  I  found  his  hide 
hanging  up  on  the  brush  ;  theyv'e  eat  him  up.  Damn  'em,  I  believe  I  will  shoot  'em  when 
I  get  back.  A  few  days  ago  I  told  a  number  of  the  boys  I  would  shoot  them  if  they  didn't 
leave.  Said  they,  '  Where  shall  we  go  ?'  Said  I  '  I  don't  care  if  you  go  to  hell.'  And  when 
I  returned,  I  met  one  of  the  boys,  and  said  I,  '  Has  them  niggers  left  ?'  '  No,'  said  he,  '  and 
they  ain't  agwiiie  till^ifter  Christmas.'  Said  I,  *  Damn  'em,  I  don't  know  what  to  do  with 
'em.'  " 

Question.  Did  you  hear  anything  said  in  Alabama  about  any  design  on  the  part  of  the 
negroes  to  seize  upon  the  lands  at  Christmas  ? 

Answer.  No,  sir;  there  was  only  this  idea  throughout  all  the  southern  States,  that  the 


20  RECONSTRUCTION. 

negroes  would  not  engage — would  not  make  a  contract  to  work  beyond  Christmas ;  that 
they  expected  something  favorable  was  to  turn  up  by  Christmas.  That  was  all,  and  that 
impression  was  universal. 

Question.  What  was  it  that  was  expected  to  turn  up  ? 

Answer.  They  thought  that  the  lands  of  the  leading  rebels  were  to  be  confiscated  and 
given  to  them.  That  was  the  idea.  I  noticed  another  thing,  that  not  a  single  loyal  news 
paper  was  circulating  through  those  States;  but  I  could  find  the  New  York  News,  the 
Chicago  Times,  and  papers  of  that  class,  being  sold  by  the  boys. 

Question.  What  is  the  character  of  those  two  papers  ? 

Answer.  Those  two  papers,  if  I  understand  it,  have  been  very  decidedly  in  the  interest  of 
the  copperheads,  in  opposition  to  the  government  in  its  efforts  to  put  down  the.  rebellion, 
and  in  sympathy  with  the  south.  That  is  well  understood — better  by  you,  I  suppose,  than 
by  me.  I  never  found  a  loyal  paper  until  I  reached  Vicksburg,  on  my  way  back,  and  that 
was  the  Chicago  Tribune.  The  people  will  not  let  them  circulate. 

Question.  Did  you  hear  anything  said  about  circulating  loyal  papers  at  the  south  ? 

Answer.  No,  sir. 

Question.  Proceed  with  your  narrative. 

Answer.  There  was  no  incident  worthy  of  note  till  I  reached  Jackson,  Mississippi,  where 
I  arrived  on  Saturday,  at  dinner-time.  I  did  what  little  business  I  had  to  do  that  evening. 
I  went  to  the  hotel  about  half  past  8  o'clock.  I  told  the  landlord,  about  half  past  9  o'clock, 
to  show  me  to  bed.  He  told  me  to  go  up  and  turn  to  the  right,  and  take  any  bed  I  found. 
I  found  a  large  room  with  six  beds  in  it.  I  got  into  one  of  them  and  went  to  sleep.  They 
never  lock  the  doors.  About  half  past  10  I  was  aroused  by  a  heavy  noise.  Some  drunken 
fellow  had  run  over  a  candle-stand,  and  he  cursed  and  swore,  and  directly  went  down  and 
came  back  with  a  negro  boy  holding  a  light.  He  was  mad,  and  cursed  the  clerk  below  for 
sending  him  up  in  the  dark.  He  told  the  negro  that  he  had  quarrelled  with  a  man  down 
stairs,  and  had  told  him  that  he  held  him  responsible  for  what  he  said,  and  would  fight  him  in 
the  morning.  He  put  his  bowie-knife  on  the  table,  at  the  foot  of  the  bed,  after  taking  off  his 
coat  and  vest,  and  sent  the  negro  down  for  something.  The  moment  the  negro  went  out  he 
saw  that  I  was  not  asleep,  and  he  came  up  to  me  and  said,  "Who  are  you?"  "I  am  a 
stranger,"  said  I.  "  Where  do  you  belong?"  said  he.  "  I  live  in  Washington  city,"  said  I. 
"But  I  want  to  know  where  you  were  in  this  fight  we  had,"  said  he.  "  I  was  in  the  north," 
I  replied.  "Then,"  said  he,  "you  are  a  damned  rascal,  and  I  wouldn't  blame  a  southern 
man  if  he  murdered  you  outright.  Damn  you,  you  fight  against  us  and  then  attempt  to 
come  travelling  through  our  country  with  impunity.  Looking  for  cotton  farms,  are  you? 
Damn  you,  you  may  buy  them,  but  you  shall  never  live  on  them." 

Question.  Was  he  drunk  ? 

Answer.  Yes,  sir,  just  drunk  enough  to  speak  out  what  he  felt.  He  held  up  his  arm,  and 
feeling  of  it  said,  "  You  had  too  much  muscle  for  us ;  you  had  too  many  men  ;  you  whipped 
us,  but,  damn  you,  you  have  not  subdued  us;  we  will  try  you  again,  yet."  He  had  been  a 
colonel  in  the  confederate  service  from  Georgia. 

Question.  Did  you  get  his  name  ? 

Answer.  No,  sir.  In  the  mean  time  I  said  nothing.  Then  said  he,  ' '  A  single  man,  at  my 
mercy,  as  you  are,  I  would  not  hurt."  I  felt  a  great  deal  better  altor  that;  I  breathed 
easier.  9  • 

Question.  Had  you  any  arms  ? 

Answer.  I  never  carried  arms  in  my  life.  Then  he  tempered  down  into  a  better  humor 
and  sat  down  and  commenced  telling  about  his  quarrel  down  stairs.  In  the  mean  time  the 
negro  came  back.  Then  he  put  on  his  coat  and  vest  and  buckled  on  his  knife  and  said  to 
the  negro,  "  You  must  go  with  me."  "  Yes,  masser,"  said  the  negro,  "I'll  go."  They  left 
the  room.  I  lay  there  a  moment  or  two  turning  over  the  situation  and  feeling  uncomfortable. 
I  said  to  myself,  "This  won't  do  ;  that  man  may  murder  me  ;  I  can't  lie  here."  So  I  got 
up,  dressed  myself,  and  went  down  to  the  office.  I  found  nobody  there  but  a  black  boy ;  the 
others  had  all  gone  to  bed.  It  was  very  near  11  o'clock.  Said  I,  "Boy,  did  you  see  that 
drunken  man  come  down?"  "Yes,  sir."  "  Where  is  he?"  "  Gone  out."  "  For  what?" 
"1  think  for  more  whiskey,  from  what  he  said.  He  made  the  negro  boy  go  out  with  him  so 
as  to  pilot  him  back;  he  had  to  go  many  squares  to  get  to  the  saloon."  Said  I,  "Ishe 
coming  back  to  sleep  in  that  room  to-night?"  "Yes,  sir."  Then  I  told  the  boy  what 
occurred,  and  felt  that  I  was  in  danger  of  being  murdered,  being  a  northern  man.  Ihe  ne 
gro  said  that  the  fellow  was  a  desperate  man  and  had  a  big  knife  and  might  do  it,  as  he  was 
drunk.  I  told  him  I  would  not  sleep  iu  that  room  ;  I  would  sit  up  rather.  Said  the  negro, 
"I'll  give  you  another  room."  "  That  will  do,"  said  I ;  "  but,  mark  it,  that  fellow  will  be 
back;  he  will  miss  me,  and  perhaps  will  be'still  thirsting  for  my  blood  and  will  want  to  know 
where  I  am."  "Well,"  said  the  boy,  "  he  shan't  know ;  I  won't  let  him  know."  Then  he 
took  me  right  across  the  hall  into  a  lower  room  where  there  were  five  beds  ;  three  of  them 
occupied.  I  took  an  unoccupied  bed,  and  in  twenty  minutes  the  boy  hunted  up  a  key  to 
that  room  and  handed  it  to  me.  .  "  Take  that,"  said  he,  "and  lock  the  door."  Said  I,  "  Is 
there  anybody  else  to  corne  in?"  "No,"  said  he.  About  one  o'clock  I  was  aroused  again — 
somebody  trying  to  force  the  door.  They  worked  at  it  some  time,  but  the  door  did  not  give 
way,  and  they  left.  I  did  not  know  who  it  was.  I  tried  again  to  go  to  sleep,  and  after  wor- 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  21 

rying  through  the  night,  I  slept  a  little  about  daylight.  It  did  not  occur  to  me  till  the  next 
morning  that  the  government  had  a  military  force  there.  I  went  to  Major  Barnes,  whose 
father  I  had  known  in  Illinois.  He  was  in  command  of  eight  hundred  negro  troops,  as  tine 
as  I  ever  saw.  I  told  him  my  night's  experience.  Said  he,  "  Can  you  identify  the  man?" 
Said  I,  "  I  cannot;  ]  would  not  know  him,  and  we  shall  have  to  let  him  pass,  but  I  will  not 
stay  another  night  at  that  hotel;  I  will  stay  with  you  at  headquarters."  Said  he,  "  \Ve  will 
take  care  of  you."  I  learned  that  Lieutenant  Eliott  had  determined  to  go  to  Vicksburg  that 
day.  I  felt  very  much  relieved.  I  put  myself  under  his  protection.  He  and  I  wejit  down 
to  the  depot,  or  where  it  had  been,  for  it  had  been  burned  by  our  troops.  The  cars  were  due 
at  half  past  one  o'clock,  but  did  not  come.  There  was  a  large  number  of  southern  people 
standing  around  waiting  for  the  cars,  and  among  the  rest  a  man  about  fifty  years  old.  dressed 
in  homespun,  just  drank  enough  to  make  fun.  He  was  a  man  of  some  intelligence  and  a 
great  deal  of  wit.  The  lieutenant  and  I  stood  together.  Finally  this  fellow  walked  deliber 
ately  up  to  the  lieutenant,  put  his  hand  on  his  buttons  and  shoulder  straps,  and  said.  "I 
don't  like  you."  "  Why?"  said  the  lieutenant.  "  Because,"  said  he,  "  you  are  all  adamned 
set  of  thieves  and  robbers;  that's  why.  Damn  you;  you  came  down  here  and  destroyed 
our  property,  stole  our  niggers,  and  there  are  your  friends,  (pointing  to  the  negro  soldiers  ;) 
take  them  and  clear  out  from  here ;  we  don't  want  you  here  ;  and  I  tell  you,  if  I  had  the 
power,  I  would  send  the  whole  of  you  to  the  regions  of  damnation ;  I  would  murder  you 
right  here  if  I  dared  to  do  it ;  I  would  saw  you  in  two  ;  I  would  be  even  with  you  in  some 
way."  That  speech  was  appreciated  by  all  those  around,  who  seemed  to  feel  gratified.  He 
being  drunk,  spoke  with  impunity  what  they  all  evidently  felt. 

Question.  What  did  the  lieutenant  say  ? 

Answer.  Nothing  at  all ;  as  the  man  was  drunk,  he  let  it  pass.  The  next  day  I  reached 
Vicksburg  and  went  on  board  the  boat  to  Memphis.  On  my  way  from  Memphis  to  Cairo  I 
made  the  acquaintance  of  a  citizen  of  Memphis.  Said  he,  "I  am  an  old  citizen  of  Memphis  ; 
I  have  been  a  prominent  man  before  the  people ;  we  have  had  a  great  deal  of  excitement ; 
my  family  are  up  in  Illinois,  and  I  am  going  to  join  them  at  Lebanon.  I  have  got  some 
eighteen  or  twenty  thousand  dollars,  but  such  is  the  insecurity  of  life  and  property  in  the 
southern  country  that  I  dare  not  invest  it,  and  I  will  not  do  it." 

Question.  That  was  last  December  ? 

Answer.  Yes,  sir,  early  in  December.  At  Cairo  I  got  in  conversation  with  a  man  from 
Ohio.  Said  he,  "I  have  just  been  to  Memphis,  where  I  took  a  large  lot  of  brooms  for  sale. 
The  merchants  acknowledged  they  wanted  them,  but  finding  I  was  from  Ohio,  they  told  me 
flatly  they  would  not  have  anything  from  northern  men,  but  from  their  own  people.  So  I 
was  compelled  to  ship  nearly  all  the  brooms  to  New  Orleans ;  I  succeeded  in  selling  a  few  to 
a  commission  merchant."  At  Cincinnati  I  got  into  conversation  with  a  Jew  merchant  from 
Memphis.  We  had  noticed  each  other  on  the  train.  I  told  him  I  had  been  to  the  south,  and 
how  the  people  felt  towards  northern  people.  "Well,"  said  he,  "we  have  got  a  store  in 
Memphis  and  in  Montgomery.  In  Memphis  we  had  some  military  goods  in  the  store,  and 
there  was  an  officer's  coat  hanging  at  the  door.  One  of  those  butternut  fellows  from  the 
country  came  along  and  looked  at  that  coat,  and  commenced  using  the  most  bitter  oaths  in 
the  English  language.  He  cursed  the  man  who  made  the  coat ;  he  cursed  the  man  that 
might  wear  it ;  he  cursed  the  man  that  offered  to  sell  it,  and  then  passed  on.  Said  I  to  the 
clerk  :  '  Take  that  coat  down,  and  hide  all  the  federal  uniform  clothes  with  these  shoulder 
straps.'  And  we  boxed  them  all  up.  I  found  we  could  not  sell  anything  to  people  from  the 
country  while  they  saw  those  goods  there." 

Question.  Did  you  hear  anything  said  by  the  southern  people  about  still  forming  a  sepa 
rate  independent  people  ? 

Answer.  I  did  not  hear  that  discussed  at  all. 

Question.  Did  you  hear  them  say  anything  about  their  inclination  or  disinclination  to  have 
intercourse,  social  or  commercial,  with  the  northern  people  ? 

Answer.  On  all  occasions  when  I  heard  them  talk,  they  had  no  inclination  to  have  any 
intercourse  at  all  with  the  people  of  the  north.  Just  before  I  got  to  Jackson,  one  of  the 
editors  there  had  stated  in  his  paper  that  the  moment  military  authority  was  withdrawn  they 
would  run  every  Yankee  out  of  the  State.  And  they  would  do  it,  in  my  opinion,  or  they 
would  assassinate  the  northern  men.  There  is  nothing  to  restrain  them  but  the  military 
power.  What  is  the  protection  which  the  southern  civil  courts  afford  northern  men  ?  None 
in  the  world.  They  would  just  as  lieve  shoot  a  Yankee  as  a  negro,  and  a  negro  as  a  hog. 
The  idea  is,  that  they  have  been  crushed  by  the  northern  people  and  their  property  destroyed, 
and  now  to  think  that  these  hated  Yankees  are  to  come  down  and  undertake  to  make  gain 
of  their  misfortunes  by  renting  cotton  farms  or  buying  them,  is  the  straw  that  breaks  the 
camel's  back,  and  they  feel  like  killing  every  man  that  comes  there.  I  went  there  with  kind 
feelings  towards  these  people :  I  have  come  back  without  a  particle  of  sympathy  for  them. 
I  have  mixed  with  all  classes,  and  heard  them  talk,  drunk  and  sober,  and  I  have  come  back 
the  strongest  kind  of  a  radical. 

Question.  Were  you  ever  in  the  military  service  of  the  United  States  ? 

Answer.  No,  sir,  except  mustering  here. 

Question.  Do  you  consider  yourself  to  be  naturally  and  constitutionally  a  man  of  resolu 
tion — as  firm  and  courageous  as  ordinary  men  are  ? 


22  RECONSTRUCTION. 

Answer.  Yes,  sir.  I  am  excitable ;  when  I  think  a  man  intends  to  insult  me  I  am  excited 
in  a  moment.  It  takes  a  good  deal,  however,  to  get  me  up  to  the  fighting  point ;  but  then 
I  have  no  fear  of  danger.  But  I  have  no  desire  to  get  up  to  that  point,  and  avoid  it  as  much 
as  I  can. 

Question.  On  that  occasion  at  the  hotel  you  were  unarmed  and  in  the  power  of  a  drunken 
man  who  was  armed  1 

Answer.  Yes,  sir,  and  in  the  power  of  that  man  in  the  car,  who  would  have  shot  me  as 
quick  as  he  would  have  shot  a  hog  if  I  had  got  into  an  altercation;  therefore,  although  I 
knew  his  speech  was  intended  for  me,  I  thought  prudence  was  the  better  part  of  valor. 

Question.  Is  there  any  substantial  Unionism  in  those  States  which  you  visited  ? 

Answer.  No,  sir.  I  will  mention  another  thing  :  At  Jackson,  Mississippi,  I  met  a  man, 
one  of  the  tax  commissioners,  who  had  been  a  Union  man  all  the  time,  at  the  risk  of  his  life. 
He  said  to  me  when  I  left,  "I  regret  most  seriously  to  part  with  you,  for  you  are  the  only 
man  I  have  mek  that  I  can  sympathize  with  politically.  I  have  not  a  friend  here.  There  is 
no  sympathy.  My  business  calls  me  here,  and  I  have  to  stay ;  but  I  am  no  longer  anxious 
to  stay.  The  feeling  here  is  in  opposition  to  the  United  States." 

Question.  Have  you  anything  further  to  say  on  this  subject  ? 

Answer.  One  thing  more.  I  have  two  letters  in  my  pocket  from  a  reliable  Union  man, 
which  I  have  received  since  I  got  home.  I  will  read  a  few  extracts: 

Extract  from  a  letter  dated  November  22,  1865,  and  received  at  Memphis. 

"  I  really  pity  the  conservative  element  of  this  beautiful  State.  They  have  been  over 
slaughed  in  the  congressional  election  in  the  selection  of  fire-eaters  and  black-flag  men  to 
represent  them  in  the  national  council,  and  the  legislature  is  distributing  offices  and  patronage 
only  to  that  class.  They  have  this  day  chosen  as  State  printer  the  Montgomery  Advertiser, 
the  vilest  of  the  vile.  Oh,  when  will  this  thing  end?  Will  Congress  admit  to  seats  the 
present  members  elect?  Methinks  that  rather  the  troops  should  be  doubled — nay,  if  neces 
sary,  quadrupled,  at  each  post  of  any  importance,  and  the  people  made  to  feel  the  force  of 
military  government  for  a  while  longer,  to  teach  them  the  right.  The  antipathy  to  the  freed- 
inan  amounts  to  hatred,  and  the  majority  evince  but  little  less  of  feeling  towards  what  is 
known  as  toryism  and  Yankee  sympathizing." 

Extract  from  a  letter  dated  Docember  14,  1865,  from  the  same. 

"Our  political  atmosphere  is  still  hazy  overhead,  and  I  still  hope  the  representatives  may 
not  be  admitted  for  some  time — at  least  till  the  people  shall  exhibit  a  greater  appreciation  of 
the  clemency  of  our  most  magnanimous  government.  I  should  deprecate  with  all  my  heart 
a  removal  of  a  single  blue  coat  or  bayonet  from  this  State,  but  on  the  contrary,  I  should  hail 
•with  joy  their  increase,  both  for  the  sake  of  the  northern  men,  who  have  already  and  still  are 
investing  heavily  for  the  production  of  staples.  If  the  troops  be  withdrawn,  I  care  not 
what  amount  of  cotton  may  be  grown ;  not  one  Yankee  will  succeed  in  getting  his  crop  to 
market.  It  will  be  burned  or  stolen." 

"  I  neglected  to  mention,  in  connexion  with  the  removal  of  the  troops,  the  necessity,  in  my 
judgment,  of  their  remaining,  if  not  increased,  for  the  protection  of  the  freedmen.  I  can 
only  say,  if  the  troops  be  removed,  God  help  the  freed  people !  for  they  can  look  for  nothing 
practical  from  their  former  masters.  They,  in  truth,  utterly  despise  them,  not  thinking  it 
possible  for  them  to  be  possessed  of  a  single  noble  or  manly  sentiment." 


WASHINGTON,  January  27,  1866. 
Ezra  Hienstadt  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  Please  state  your  age,  residence,  and  occupation. 

Answer.  I  am  forty-nine  years  of  age;  my  residence  is  in  the  city  of  New  Orleans,  where 
I  have  resided  for  the  last  thirty-six  years  continuously  since.  183b;  I  am  by  profession  a 
lawyer. 

Question.  Were  you  in  Louisiana  duriug  the  war  1 

Answer.  I  was  there  from  the  commencement  to  the  close  of  the  war,  and  for  many  years 
previously. 

Question.  Will  you  state  the  disposition  of  the  people  of  that  State,  at  this  time  and  from 
the  beginning  of  the  war,  in  reference  to  the  power  and  authority  of  the  government  of  the 
United  States? 

Answer.  Shortly  before  the  so-called  ordinance  of  secession  was  passed  in  Louisiana 
there  was  considerable  opposition  among  many  of  the  people  of  the  State  of  Louisiana  to  any 
attempt  to  break  up  the  government  of  the  United  States.  After  the  secession  ordinance  was 
passed,  and  the  war  had  been  commenced,  that  class  of  persons  almost  universally  acqui 
esced  in  the  so-called  secession,  and  the  most  of  them  either  became  active  during  the  war  in 


ARKANSAS— GEORGIA — MISSISSIPPI— ALABAMA.  23 

favor  of  the  rebellion  or  sympathized  with  it.  That  was  the  condition  of  things  throughout 
pretty  much  the  entire  State  of  Louisiana,  and  particularly  in  the  city  of  New  Orleans.  The 
population  of  the  city,  so  far  as  any  expression  of  opinion  and  any  acts  were  concerned,  was 
almost  entirely  in  favor  of  the  rebellion.  It  being  a  large  city,  there  were  a  considerable 
number  of  persons  in  it  who  were  Union  in  feeling,  and  who  maintained  their  attachment  to 
the  national  government  during  the  whole  difficulty.  But  the  feeling  of  opposition  to  the 
government  soon  became  so  rife  that  it  became  dangerous  to  express  any  opinion  of  adhesion 
to  the  government.  That  continued  to  be  the  case  up  to  the  time  of  the  capture  of  the  city 
by  Admiral  Farragut  with  his  fleet  and  the  arrival  of  General  Butler— so  much  so  that  within 
a  very  few  days  after  General  Butler  took  military  possession  of  the  city  of  New  Orleans,  a 
meeting  of  the  Union  people  was  held  privately  and  not  publicly.  There  was  a  small  num 
ber  of  individuals,  who  had  maintained  their  integrity  to  the  government,  who  resolved  to 
have  a  meeting  among  themselves,  for  the  purpose  of  arranging  a  meeting  with  the  general 
and  opening  a  communication  with  the  authorities  of  the  government.  That  meeting  was 
held  privately,  in  a  masonic  lodge-room,  and  consisted,  I  think,  of  fifteen  persons.  It  was 
dangerous  even  then  for  a  person  to  be  known  as  an  adherent  to  the  cause  of  the  govern 
ment.  There  were  doubtless  at  that  time  a  considerable  number  of  persons  in  the  city  who 
were  truly  loyal  men,  but  who  from  the  previous  existing  circumstances  were  absolutely 
afraid  to  make  their  position  known.  On  the  taking  possession  of  the  city,  the  organization 
of  the  city  watch  and  the  giving  employment  to  a  large  number  of  the  poorer  classes,  repair 
ing  the  levees  and  streets,  and  upon  public  works  of  that  kind,  a  large  number  of  the  work 
ing  men  of  the  city  came  over  to  the  government,  all  of  whom,  so  far  as  appearances  went, 
were  truly  loyal. 

This  state  of  things  continued  during  the  administration  of  General  Butler  in  the  city  of 
New  Orleans,  as  well  as  during  the  administration  of  Military  Governor  Shepley,  and  up  to 
the  arrival  of  General  Banks.  The  subsequent  administration  of  General  Banks,  in  inau 
gurating  the  State  government,  by  orders  to  hold  an  election  for  governor,  treasurer,  auditor, 
&c.,  strengthened  and  gave  activity  to  the  Union  feeling.  And  that  was  also  kept  up  by 
the  administration  of  Governor  Halm,  who  was  elected  at  that  election.  The  election  of  a 
constitutional  convention,  and  its  adoption  of  the  constitution  of  J  864,  was  also  another  step 
in  that  direction.  And  the  re-establishment  of  a  general  feeling  of  loyalty  seemed  to  be  in  a 
condition  of  flood-tide,  if  I  may  so  express  it,  until  the  commencement  of  the  administration 
of  Governor  Wells. 

Governor  Wells  assumed  office  upon  the  resignation  of  Governor  Hahn,  and  commenced 
his  administration  by  removing  many  of  the  appointees  of  Governor  Shepley  and  of  Governor 
Wells,  and  appointing  in  their  places,  in  most  cases,  men  who  had  been  engaged  in  oppo 
sition  to  the  government  during  the  war.  And  this  was  particularly  visible  in  the  city  of 
New  Orleans,  when  the  governor  appointed  as  mayor  of  the  city  a  man  who  pursued  the 
same  policy  as  Governor  Wells  pursued,  by  turning  out  many  of  the  old  acknowledged 
Union  men,  and  appointing  in  their  places  men,  many  of  wrhom  had  but  recently  taken  the 
oath  of  allegiance.  Many  of  the  appointees  of  Governor  Wells,  as  I  have  already  stated, 
had  at  some  time  or  other  been  actively  engaged  in  the  rebellion,  as  is  well  known  to  all  the 
old  residents  of  Louisiana. 

After  the  final  surrender  of  the  confederate  forces,  this  course  was  pursued  by  Governor 
Wells  to  a  greater  extent  than  ever,  so  that  there  are  now  few  if  any — I  do  not  remember 
any — of  the  appointees  of  either  Governor  Wells  or  Governor  Hahn  in  office  ;  their  places 
having  been  filled  by  persons  who  have  been,  either  actively  or  passively,  engaged  in  the 
rebellion.  Of  course  this  policy  of  Governor  Wells  had  a  direct  effect  to  encourage  and  em 
bolden  those  lately  in  rebellion  to  take  into  their  hands  the  entire  administration  of  the 
State  and  city  governments,  as  was  shown  by  the  last  November  election.  That  election  re 
sulted  in  the  election  of  persons,  almost  without  exception,  lately  hostile  to  the  government 
and  engaged  in  the  rebellion. 

Immediately  after  the  capture  of  the  city,  those  citizens  who  had  fled  on  the  advent  of 
the  fleet  and  the  forces  of  the  government  returned  to  the  city,  many  of  them  most  deeply 
embittered  in  feeling  against  the  government,  on  account  of  finding  their  property  taken 
possession  of  by  the  government,  and  in  some  instances  confiscated.  The  society  of  those 
formerly  in  opposition  to  the  government  became  reorganized,  which  gave  boldness  to  an 
expression  of  dislike  to  the  cause  of  the  government,  and  particularly  against  those  citizens 
who  had  adhered  to  the  government  during  the  rebellion.  This  teeling  was  manifested  to 
such  an  extent  as  to  make  it  evident,  to  the  loyal  citizens  at  least,  that  there  was  a  deep 
feeling  of  hostility  towards  them.  Many  individual  facts  might  be  stated  to  show  a  deep 
determination  to  drive  them  from  public  position  politically,  as  well  as  to  ostracize  them 
from  all  public  and  private  employment. 

It  is  within  my  personal  knowledge  that  persons  formerly  engaged  in  piloting  steamboats 
on  the  rivers,  now  find  it  difficult  to  find  employment  in  that  capacity  on  account  of  their 
having  piloted  government  steamers  during  the  war,  and  an  association  of  Red  River  pilots 
has  been  formed  to  discountenance  the  employment  of  pilots  of  that  class,  as  I  have  been 
informed  by  such  persons.  It  is  difficult,  however,  for  me  to  state  particular  facts  from  per 
sonal  observation. 

On  the  recent  meeting  of  the  State  legislature,  this  state  of  feeling  on  the  part  of  those 


24  RECONSTRUCTION. 

formerly  opposed  to  the  government  was  made  manifest  in  the  election  of  subordinate  officers 
of  both  houses  of  the  legislature,  without  exception,  from  among  those  lately  returned  from 
the  confederate  army,  and  some  of  whom  wore  their  confederate  uniforms  openly  in  and 
about  the  two  houses  of  the  legislature.  I  have  been  informed  by  many  commercial  men 
that  many  persons  in  the  country  object  to  receive  anything  but  gold  and  silver  in  payment 
for  their  cotton.  I  have  heard  many  persons  say  they  had  no  regrets  for  what  they  had 
done,  and  are  only  sorry  that  they  did  not  succeed.  I  cannot  say.  however,  that  this  feeling 
is  general  among  those  lately  in  hostility  against  the  government,  but  I  am  certain  it  is  the 
feeling  of  many  who  hold  prominent  positions.  I  am  also  certain  that  there  is  a  deep  feeling 
among  that  class  of  persons  against  the  payment  of  the  national  debt,  as' well  as  against  the 
revenue  laws  of  the  government  of  the  United  States.  The  recent  organization  of  the  State 
militia  in  the  country  parishes,  being  composed  almost  exclusively  of  those  lately  in  hostility 
to  the  government,  had  had  a  tendency  to  foster  a  feeling  of  opposition  to  the  government, 
and  to  create  a  deep  distrust  in  the  minds  of  the  emancipated  blacks,  who  look  upon  it  as  a 
measure  almost  exclusively  levelled  against  them,  as  that  militia  is  composed  entirely  of 
white  persons,  while  the  laws  provide  for  the  enrolment  of  all  classes.  And  there  is  also  a 
strong  opposition  on  the  part  of  all  classes  of  those  lately  in  hostility  to  the  government  to 
the  education  and  moral  improvement  of  the  blacks.  In  the  country  parishes,  so  far  as  my 
information  goes,  and  I  will  say  it  is  derived  principally  from  others,  the  framework  of 
society  is  in  a  very  disturbed  condition.  In  many  parts  of  the  State  life  and  property  are 
very  insecure.  The  papers  of  the  country  contain  almost  daily  accounts  of  robberies  and 
murders,  so  that  it  is  considered  by  many  unsafe  to  travel  in  some  of  the  remote  parts  of  the 
State  distant  from  the  city  and  from  the  general  thoroughfares.  So  far  as  a  public 
expression  in  the  newspapers  of  a  feeling  of  attachment  to  the  government  of  the  United 
States  is  concerned,  that  is  now  almost  entirely  confined  to  two  papers  in  the  State.  All 
the  others  are  entirely  passive  in  that  respect,  and  many  of  them  are  daily  publishing 
articles  which  militate  against  the  policy  of  the  government  and  the  emancipation  laws.  I 
have  thus,  in  ansAver  to  your  question,,  gone  over  the  general  outlines  as  they  present  them 
selves  to  my  mind.  4 

Question.  In  your  opinion,  what  has  been  the  effect  upon  the  rebels  in  the  State  of  Louisi 
ana  of  the  acts  of  clemency  and  favor  on  the  part  of  the  State  authorities,  to  which  you  have 
referred  1  Have  they  tended  to  increase  or  to  diminish  their  hostility  to  the  national  govern 
ment  1 

Answer.  My  opinion  is,  without  being  able  to  state  particular  facts,  that  the  tendency  has 
been  to  increase  the  feeling  of  opposition  to  the  government ;  that  those  who  were  in  the  re 
bellion,  or  who  sympathized  with  it,  have  drawn  themselves  into  a  marked  and  distinct  class, 
until  now  there  is  a  complete  line  of  demarcation  existing  between  those  who  adhered  to  the 
government  during  the  rebellion  and  those  who  were  engaged  in  the  rebellion. 

Question.  In  your  opinion,  what  has  been  the  effect  upon  those  rebels  of  the  acts  of  clem 
ency  towards  them  on  the  part  of  the  federal  government  1 

Answer.  So  far  as  I  have  been  able  to  observe,  the  tendency  has  been  to  embolden  them 
in  the  opinion  that  they  were  encouraged  to  take  possession  and  control  of  the  State  govern 
ment,  and  in  the  opinion  that  it  was  the  policy  of  the  federal  government  to  have  them  do  so ; 
at  least  such  have  been  the  opinions  I  have  heard  expressed.  I  will  illustrate  by  this  re 
mark  that  has  been  frequently  made  to  me  by  some  of  my  old  acquaintances:  "We,"  re 
ferring  to  themselves  as  those  who  have  been  secessionists,  "We  have  now  the  power  and 
possession  of  the  government,  and  we  will  control  matters  according  to  our  own  liking." 

Question.  In  your  opinion,  would  it  have  been  better  or  would  it  have  been  worse  for  the 
interests  of  the  people  of  that  State  had  the  vigorous  administration  of  General  Butler  and 
General  Shepley  been  continued  ? 

Answer.  I  think,  had  the  administration  of  affairs  been  continued  as  it  was  under  both  of 
those  officers,  and  such  as  it  was  under  General  Banks  at  the  time  when  he  left  the  State  of 
Louisiana,  it  would  have  had  a  great  tendency  to  create  in  a  short  time  a  general  acquies 
cence  in,  if  not  respect  for,  the  operations  of  the  government. 

Question.  Would  it  or  not,  in  your  judgment,  be  safe  for  the  loyal  people  of  Louisiana,  both 
white  and  black,  to  withdraw  from  that  State  at  this  time  the  military  power  and  supervision 
of  the  federal  government  ? 

Answer.  I  unhesitatingly  say  that  I  do  not  consider  it  would  be  safe  for  them  to  do  so. 
My  opinion  is,  that  if  the  entire  force  of  the  federal  government  were  withdrawn  from  the 
State  of  Louisiana  the  Union  men.  as  we  call  those  who  were  loyal  during  the  rebellion, 
would  be  driven  from  almost  all  the  rural  portions  of  the  State  at  least,  if  not  from  the  city  of 
New  Orleans,  and  the  condition  of  the  blacks  would  to  a  certain  extent  be  worse  than  it  was 
when  slavery  existed  there,  for  they  would  be  controlled  by  force  in  such  way  as  to  be  left 
very  little  liberty  whateveY 

Question.  What  is  the  feeling  there  generally  among  those  who  have  been  in  the  rebellion 
as  to  managing  the  blacks  properly  without  physical  compulsion  ? 

Answer.  The  general  impression  is  that  it  cannot  be  done  ;  that  the  negroes  will  not  work 
unless  by  the  application  of  physical  force  to  compel  them  to  do  so. 

Question.  Suppose  the  power  of  the  federal  government  were  withdrawn,  in  your  judg 
ment  what  would  be  the  course  of  the  people  in  legislating  in  regard  to  the  blacks  ?  Would 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  25 

they  seek  in  spirit  to  restore  a  system  of  servitude,  or  would  they  in  good  faith  carry  out  the 
spirit  of  the  emancipation  amendment  of  the  Constitution  ? 

Answer.  As  to  that  I  would  refer  you  to  the  enactments  of  the  legislature  of  Louisiana  re 
cently  in  session.  They  passed  most  stringent  laws,  making  it  a  highly  penal  offence  for  any 
one  to  do  anything  that  might  be  construed  into  encouraging  the  blacks  to  leave  the  pei'sous 
with  whom  they  had  made  contracts  for  labor;  and  also  making  it  a  misdemeanor  for  the 
blacks  to  do  so,  subjecting  them  to  be  arrested  as  vagrants  and  sold  as  such  during  the  re 
maining  portion  of  the  time  for  which  they  had  contracted,  and  giving  the  preference  in  buy 
ing  them  at  such  rate  to  the  persons  with  whom  they  had  made  contracts.  There  have  been 
several  instances  in  the  parishes — equivalent  to  counties  in  other  States — where  the  local  au 
thorities  have  passed  most  stringent  ordinances  upon  that  subject,  but  which  have  been  over 
ruled  by  the  military  authorities.  I  will  refer  here  to  what  was  done  in  one  instance.  When 
Brigadier  General  Fullerton  assumed  the  control  of  the  affairs  of  the  Freedmeii's  Bureau  in 
the  city  of  New  Orleans,  some  time  during  last  fall — I  do  riot  remember  the  exact  date — he 
issued  an  order  that  all  persons  of  color  in  and  about  the  city  of  New  Orleans  who  did  not 
produce  evidence  immediately  of  being  employed  should  be  arrested  as  vagrants..  The  con 
sequence  was  that  in  the  course  of  twenty-four  or  forty-eight  hours  a  very  large  number  of 
colored  persons  who  were  found  upon  the  streets  without  evidence  of  employment  with  them 
were  put  in  prison.  After  that  state  of  things  had  continued  for  some  forty-eight  hours  the 
order  of  General  Fullerton  was  revoked  by  order  of  General  Cauby,  the  commander  of  the 
department,  and  those  persons  were  set  at  liberty.  I  will  make  this  general  statement,  that 
from  the  habits,  the  universal  and  long-continued  habits  of  life  of  the  white  population  of 
Louisiana*  in  the  government  of  slaves,  it  is  very  generally  believed  by  them  that  the  negroes 
will  not  work — that  they  will  become  an  idle  and  thriftless  population  unless  their  labor  can 
be  controlled  by  force  ;  that  is  the  general  impression.  My  own  opinion  upon  that  subject, 
formed  from  long  experience  in  Louisiana,  and  a  pretty  general  acquaintance  with  the  plant 
ing  interests,  is  that  in  a  short  time,  when  the  negroes  shall  experience  the  necessity  of  labor 
in  order  to  live,  they  will  become  an  industrious  population.  A  great  deal  of  the  labor  of  the 
city  of  New  Orleans  is  now  being  performed  by  them-. 

Question.  Are  the  negroes  now  willing  to  work  for  those  who  they  believe  will  treat  them 
kindly,  and  give  them  fair  wages  ? 

Answer.  Well,  sir,  so  far  as  my  observation  extends — and  I  have  looked  into  this  subject 
considerably — the  disposition  of  the  negroes  generally  is  to  go  to  work  for  those  who  will 
treat  them  properly  and  pay  them  a  fair  compensation. 

Question.  What  is  the  prevailing  sentiment  among  the  rebels  in  regard  to  allowing  negroes 
to  become  landholders  in  the  State  ? 

Answer.  There  is  a  very  general  opposition  to  that,  as  well  as  to  the  education  and  moral 
improvement  of  the  negro  race.  But  the  opposition  to  negroes  holding  property  is  not  so 
great  in  Louisiana  as  it  is  in  some  of  the  adjoining  States,  from  the  fact  that  from  time  im 
memorial  free  negroes  have  been  landholders  in  Louisiana.  I  will  add  that  this  opposition 
is  more  particularly  directed  against  those  negroes  who  were  lately  slaves  than  against  what 
we  call  in  Louisiana  free  colored  persons,  of  whom  there  have  been  a  very  large  number  in 
the  State  for  a  great  many  years. 

Question.  Judging  from  your  observation  and  means  of  information,  what  would  you  sug 
gest  as  the  suitable  remedy  to  be  employed  by  the  federal  government  for  the  evils  to  which 
you  have  referred  as  existing  in  the  State  of  Louisiana  ? 

Answer.  The  first  great  requisite,  that  which  I  imagine  would  have  thie  best  influence  in 
settling  the  state  of  things  in  Louisiana,  would  be  to  maintain  there  for  some  years  a  rigid 
administration  of  the  Freedmeii's  Bureau,  to  protect  the  blacks  in  their  rights,  as  well  as  to 
see  that  they  complied  with  the  reasonable  and  proper  contracts  they  might  make.  I  con 
sider  that  such  an  establishment  would  stand  as  a  barrier  to  the  encroachments  of  one  class 
upon  the  rights  of  the  other.  In  regard  to  political  matters,  I  consider  that  it  would  be  a 
solicism  in  government  for  us  to  have  States  containing  different  classes  of  population,  one 
class  of  which,  almost  equal  in  numbers  to  the  other  class,  being  entirely  debarred  from  the 
exercise  of  the  elective  franchise.  There  is  in  Louisiana  a  very  large  number  among  the 
colored  population  that  may  be  called  highly  intelligent.  They  are  a  mixed  race,  resulting 
from  the  condition  of  things  existing  in  that  State  for  years,  when  the  proportion  of  white 
women  was  smaller  than  the  number  of  white  men.  That  class  of  mixed  persons  are  property- 
holders  to  a  large  extent,  both  in  the  city  of  New  Orleans  and  in  the  parishes  of  the  State. 
They  are  almost  all  educated,  and  in  New  Orleans  they  comprise  some  of  our  best  mechanics 
in  the  various  mechanical  departments. 

Question.  Would  it,  in  your  opinion,  be  better  or  worse  for  the  commercial  and  other  in 
terests  of  the  State  for  the  federal  government  to  relinquish  its  authority  there  at  this  time? 

Answer.  My  impression  is  that  it  would  be  positively  beneficial  to  the  commercial  and 
agricultural  interests  of  the  State  of  Louisiana  for  the  federal  government  to  continue  its  au 
thority  there  for  some  time  to  come.  I  think  such  a  course  is  necessary,  until  society  settles 
down  again  into  its  normal  condition. 


26  RECONSTRUCTION. 


WASHINGTON,  January  30,  1866. 

Major  General  George  H.  Thomas  sworn  and  examined. 
By  Mr.  BOUT  WELL: 

Question.  What  is  your  rank  in  the  army  of  the  United  States,  and  what  is  your  present 
command  ? 

Answer.  I  am  a  major  general  of  the  United  States  army,  and  command  the  military 
division  of  the  Tennessee,  with  my  headquarters  at  Nashville,  Tennessee. 

Question.  What  States  are  included  in  your  command? 

Answer.  The  States  of  Kentucky,  Tennessee,  Georgia,  Alabama,  and  Mississippi. 
•  Question.  Will  you  state  to  the  committee  the  results  of  your  observation  and  information 
in  regard  to  the  condition  of  the  people  of  Alabama,  with  reference  to  their  loyalty  or  dis 
loyalty  to  the  government  of  the  United  States? 

•Answer.  The  people  of  Alabama  are  extremely  anxious  to  be  under  the  Constitution  of  the 
United  States,  and  to  have  that  State  in  its  regular  position  in  the  Union.  But  they  are  not 
yet  personally  friendly  to  Union  men.  They  are  desirous  to  live  under  the  government  of  the 
United  States,  and  have  attempted  to  pass  laws  as  judicious  as  they  could  at  the  time  to  regu 
late  the  affairs  of  the  freedmeu.  One  of  those  bills  was  not  considered  constitutional  by  the 
governor,  and  was  vetoed  by  him.  He  thinks  now  that  the  legislature  will  pass  a  just  and 
fair  bill  to  regulate  the  affairs  of  the  freedmen  of  the  State. 

Question.  In  the  absence  of  personal  good  will  towards  the  Union  and  Union  men,  on  what 
is  founded  the  desire  of  the  people  of  Alabama  to  live  under  the  government  of  the  United 
States  ? 

Answer.  They  have  had  a  fair  trial  in  their  attempt  to  gain  independence,  and  have  failed 
completely  in  that  attempt.  They  now  profess  to  have  given  up  the  contest,  and  express 
themselves  as  desirous  of  resuming  their  relations  with  the  government  of  the  United  States. 

Question.  What  proposition  of  the  people  of  Alabama  may  be  regarded  as  radical  and  con 
tinuing  Union  men  ? 

Answer.  That  is  a  very  difficult  question  to  answer,  for  this  reason :  Originally,  and  before 
secession,  and  during  the  discussion  of  that  measure,  a  majority  of  the  people  of  Alabama 
were  for  the  Union.  And  when  the  subject  was  first  submitted  to  the  people  a  majority  voted 
against  secession.  And  I  am  informed  that  the  State  of  Alabama  was  eventually  taken  out 
of  the  Union  by  means  of  political  trickery  on  the  part  of  prominent  leading  and 'determined 
secessionists  in  the  State.  Then  the  people,  finding  themselves  in  that  condition,  and  being 
desirous  of  preserving  their  property,  acquiesced  in  the  result,  and  in  many  instances  seemed 
to  give  up  their  Union  sentiments  and  advocate  the  cause  of  the  confederacy.  And  some  of 
those  original  Union  people  have  remained  rebels,  and  are  now  strongly  in  sympathy  with 
the  enemies  of  the  government.  Others  have  expressed  their  gladness  that  the  rebellion  has 
been  crushed,  and  profess  to  Desire  to  have  the  State  back  in  the  Union.  But  their  interests 
and  sympathies  have  such  a  hold  upon  them  at  this  time  that  it  is  very  difficult  to  obtain  a 
clear  expression  of  the  sentiments  of  any  man  there. 

Question.  So  far  as  you  are  able  to  judge,  what  proportion  of  the  people  of  Alabama,  at 
the  present  time,  are  avowed  Unionists,  to  the  extent  of  condemning  the  rebellion  and  enter 
taining  a  desire  to  be  under  the  national  government,  even  if  it  were  possible  for  them  to 
establish  the  confederacy  ? 

Answer.  Well,  sir,  I  am  inclined  to  think  that  a  very  small  proportion  of  them  would  be 
willing  to  sacrifice  their  property  and  interests  in  the  south  for  the  sake  of  the  Union.  They 
did  not  do  it  before,  and  it  is  fair  to  presume  that  they  would  still  adhere  to  the  advancement 
of  their  own  private  interests  in  preference  to  the  interests  of  the  national  government. 

Question.  What  is  the  state  of  feeling  existing  between  those  who  have  been  avowed 
Unionists  through  the  war,  and  those  who  have  been  identified  with  the  rebellion? 

Answer.  In  some  portions  of  the  State  there  is  a  very  bitter  feeling  ;  in  other  portions  of 
the  State  the  people  all  seem  to  desire  to  be  friendly  with  one  another,  and  to  adhere  to 
the  government. 

Question.  In  which  part  of  the  State  is  there  the  best  condition  of  feeling  among  the 
people  in  reference  to  the  national  government  ? 

Answer.  In  some  portions  of  north  Alabama  the  public  sentiment  is  decidedly  in  favor  of 
the  government ;  in  other  portions  of  the  State  I  think  the  sentiment  of  the  people  may  be 
expressed  in  this  way:  if  they  thought  they  could  establish  a  southern  confederacy  they 
would  prefer  it :  but  seeing  no  hope  of  that,  they  desire  to  live  under  the  Constitution  of  the 
United  States.  There  is  in  Alabama  a  strong  and  decided  disloyal  sentiment,  though  I 
think  the  Union  sentiment  predominates  in  many  portions  of  the  State. 

Question.  Do  you  know  of  anything  being  said,  or  any  measures  taken,  in  reference,  to 
recovering  from  the  United  States  payment  for  claims  or  compensation  for  losses  sustained 
by  the  people  during  the  war? 

Answer.  I  have  not  heard  of  any  combination  for  that  purpose. 

Question.  Have  any  measures  been  taken  by  the  legislature  of  Alabama,  or  by  any  officers 
there,  to  ascertain  the  amount  of  such  losses  ? 

Answer.  I  do  not  think  there  have  been.     If  any  such  measures  have  been  taken  it  has 


ARKANSAS — GEORGIA — MISSISSIPPI— ALABAMA. 


27 


been  done  very  quietly,  so  as  not  to  have  been  observed  by  the  officers  of  the  government 
stationed  in  the  State ;  at  least  they  have  not  reported  it  to  me.' 

Question.  In  the  elections  that  have  taken  place  in  that  State,  has  it  or  not  been  common 
for  candidates  to  put  themselves  before  the  people  as  having  participated  more  or  less  actively 
in  the  rebellion  1 

Answer.  I  do  not  know  that  it  was  a  universal  thing  for  that  to  be  done.  There  were  two 
distinct  parties  in  northern  Alabama,  and  the  Union  candidates  for  Congress  were  defeated. 
But  I  think  the  Union  candidates  there  for  the  State  legislature  were  either  all  of  them 
elected,  or  a  majority  of  them  were  elected. 

Question.  How  was  it  in  central  and  in  southern  Alabama  ? 

Answer.  I  think  the  successful  candidates  in  central  and  southern  Alabama  were  either 
officers  of  the  rebel  armyf  or  active  and  working  rebels.  A  report  of  frauds  in  the  elections 
in  certain  districts  in  Alabama  was  forwarded  to  me — I  forget  now  which  districts.  Those 
reports  have  been  forwarded  to  Washington,  and  I  suppose  they  are  now  on  file  in  the  Adju 
tant  General's  office. 

Question.  Will  you  state  generally  what  was  the  nature  of  the  alleged  frauds? 

Answer.  That  improper  persons  were  permitted  to  vote  ;  that  was  the  charge,  and  it  was 
substantiated,  as  I  have  been  informed. 

Question.  And  those  persons  were  not  entitled  to  vote  for  what  reasons  ? 

Answer.  On  account  of  their  participation  in  the  rebellion.  I  think  voters  were  required 
to  take  the  oath  of  allegiance,  or  were  required  to  swear  that  they  had  not  taken  part  in  the 
rebellion  ;  neither  of  which  conditions  was  enforced  in  some  districts. 

Question.  What  is  the  condition  of  the  State  generally  with  reference  to  personal  safety  ? 

Answer.  Up  to  this  time  Union  men  and  the  freedmen  have  not  been,  to  a  very  great 
extent,  in  danger  of  their  lives.  But  a  few  instances  of  personal  violence  have  been  reported 
to  me.  Generally  speaking,  the  presence  of  the  United  States  troops  and  of  the  officers  of 
the  Freedmeu's  Bureau  have  been  sufficient  to  put  down  any  demonstrations  of  hostility. 

Question.  What  is  your  opinion  of  the  expediency  of  removing  the  troops  of  the  United 
States  from  Alabama? 

Answer.  I  do  not  think  it  would  be  expedient  to  remove  the  troops  until  the  people  show 
that  they  are  themselves  willing  and  determined  to  execute  the  civil  law  with  impartial 
justice  to  all  parties. 

Question.  Do  you  know  of  any  combinations  among  any  classes  of  employers  with 
reference  to  the  wages  to  be  paid  to  freedmen,  or  the  conditions  on  which  they  shall  be  em 
ployed  ? 

Answer.  I  have  heard  of  combinations,  but  my  information  has  been  of  an  indefinite 
nature.  I  have,  however,  on  all  such  occasions  warned  the  officers  of  the  Freedmeu's 
Bureau  to  take  steps  to  prevent  any  undue  advantage  being  taken  by  employers  over  the 
laborers  they  employ;  and  that  has  been  sufficient  to  prevent  any  combinations  from 
becoming  prominent,  even  if  they  had  any  existence.  I  have  had  no  positive  reports  made  to 
me  of  combinations  of  such  a  character  being  entered  into. 

Question.  Is  there  any  disposition  to  allow  the  freedmen  to  become  freeholders,  or  to  pre 
vent  them  from  becoming  such — any  such  disposition  as  would  amount  even  to  a  public  sen- 
ment? 

Answer.  I  think  public  sentiment  is  divided  in  that  respect.  I  have  heard  of  no  legislation 
on  that  subject,  either  to  empower  them  to  become  freeholders  or  to  forbH  them  from 
becoming  freeholders. 

Question.  If  the  national  troops  and  the  Freedmen's  Bureau  were  removed  from  Alabama, 
what  results  would  you  anticipate  in  regard  to  freedmen  ?' 

Answer.  If  that  were  done  at  this  time,  I  do  not  believe  that  the  freedmen  or  that  Union 
men  could  have  justice  done  them. 

Question.  What  form  would  the  injustice  be  likely  to  take? 

Answer.  It  would  commence  with  suits  in  the  courts  for  petty  offences,  and  neighborhood 
combinations  to  annoy  them  so  much  that  they  could  not  reside  in  the  neighborhood.  I  am 
satisfied  that  until  a  better  state  of  feeling  shall  arise  there,  if  all  restraint  should  be  removed, 
the  freedmen  would  be  thrown  back  into  a  condition  of  virtual  slavery ;  that  is,  they  would 
be  compelled  by  legislative  enactments  to  labor  for  little  or  no  wages,  and  the  legislation 
would  assume  such  a  form  that  they  would  not  dare  to  leave  their  employers  for  fear  of 
punishment. 

Question.  How  would  it  be  with  men  who  during  the  war  have  been  avowed  Union 
men  ? 

Answer.  Unless  they  had  very  warm  personal  friends  they  could  not  live  in  the  State. 
They  would  be  annoyed  so  much  in  various  ways  that  they  could  not  live  there  in  any  peace 
and  comfort. 

Question.  What  is  the  feeling  of  the  people,  so  far  as  you  know,  in  regard  to  receiving 
emigrants  from  abroad,  or  from  the  northern  and  western  States?  Would  they  be  received 
kindly  or  otherwise  ? 

Answer.  I  think  that  emigrants  from  abroad  would  be  kindly  received.  But  I  think  emi 
grants  from  the  north,  or  Union  men,  would  be  treated  coldly  or  with  indifference. 

Question.  What  is  your  opinion  in  regard  to  the  propriety  of  removing  the  negroes,  if 


28  RECONSTRUCTION. 

territory  could  be  assigned  them  where  they  could  become  freeholders  ?  Would  they  be  dis 
posed  to  go,  or  have  they  any  opinions  on  "that  subject  ? 

Answer.  I  do  not  know  that  any  effort  has  been  made  to  ascertain  whether  or  not  the  ne 
groes  would  be  willing  to  remove  to  any  territory  assigned  to  them;  but  from  my  knowledge 
of  the  negro  character  I  think  they  would  object  to  it.  I  think  that  the  mass  of  them  desire 
very  much  to  continue  to  live  in  their  old  neighborhoods,  and  with  their  old  masters  invaria 
bly  where  they  have  been  treated  well  as  slaves. 

Question.  Will  you  state  generally  what  have  been  your  opportunities  for  obtaining  a 
knowledge  of  the  characteristics  of  the  negro  race  ? 

Answer.  I  was  born  in  a  southern  State,  and  reared  to  the  age  of  nineteen  in  that  region  of 
the  country.  Since  I  have  been  in  the  army  my  services  have  been  mostly  in  the  southern 
States  and  on  the  frontier  bordering  on  the  southern  States? 

Question.  What  is  your  opinion  of  the  danger  of  trouble  with  the  negroes  if  they  remain 
where  they  are  and  are  justly  treated  ? 

Answer.  There  is  no  danger  from  them  whatever,  unless  the  whites  treat  them  so  badly 
that  they  are  compelled  in  self-defence  to  rise  up  against  them. 

Question.  Has  anything  been  done  in  Alabama  since  emancipation  in  reference  to  the 
education  of  negroes  1 

^  Answer.  There  is  one  section  of  the  State  of  Alabama  where  the  people,  under  the  direc 
tion  of  a  philanthropic  gentleman  of  that  State,  have  gone  to  work  of  themselves  to  establish 
a  freedmen's  court,  or  something  like  it  or  equivalent  to  it,  through  which  they  propose  to 
administer  fair  and  impartial  justice  between  the  employers  and  the  negroes.  And  they  have 
also  undertaken  to  establish  schools  for  the  religious  instruction  of  the  negroes,  and  for  edu 
cation  in  the  primitive  branches  of  knowledge. 

Question.  What  is  the  disposition  and  capacity  of  the  negroes  for  education  ? 
Answer.  The  disposition  is  universal  among  them,  especially  among  the  younger  portion, 
to  acquire  education.  Their  capacity  for  receiving  instruction  has  not  yet  been  fully  devel 
oped.  But  from  all  I  can  learn  from  conversation  with  different  persons,  tjiey  possess  a  fair 
capacity  for  acquiring  knowledge.  I  think  the  'second  generation  can  be  instructed  much 
more  easily  and  much  more  thoroughly  than  the  present  generation,  because,  in  a  measure, 
the  mind  of  the  negro  is  entirely  undeveloped  at  present,  except  in  the  matter  of  practical 
observation. 

Question.  What  is  the  disposition  of  the  negro  to  labor  ?  Is  there  any  trouble  with  him  in 
that  respect  if  he  is  offered  fair  wages  and  assured  of  receiving  his  compensation? 

Answer.  I  think  in  every  instance  when  the  negro  has  become  assured  that  he  would  be 
paid  fair  wages  he  has  gone  to  work  willingly,  and  has  continued  to  work  as  long  as  the  con 
tract  has  been  faithfully  performed  on  the  part  of  his  employer. 

Question.  Will  you  state,  in  general  terms,  how  the  condition  of  Georgia  differs  from  that 
of  Alabama,  if  at  all  ? 

Answer.  I  do  not  think  that  the  condition  of  the  State  of  Georgia  differs  materially  from 
that^of  Alabama.     There  may  be  there  somewhat  more  of  personal  hatred  towards  the"  negro 
in  his  relation  as  a  freedman,  but  as  yet  it  has  been  easily  controlled  through  the  Freedmen's 
Bureau,  and  that  feeling  is  constantly  improving  in  all  of  the  States. 
Question.  How  does  Mississippi  differ  from  Alabama,  if  in  any  way  ? 
Answer.  The  people  of  Mississippi  appear  to  me  to  be  more  impulsive  and  more  prone  to 
stand  up  for  Bid  assert  their  opinions.     It  is  a  difficult  matter  to  describe  the  difference  be 
tween  the  people  of  those  two  States ;  yet  there  is  a  difference. 

Question.  If  I  understand  you,  you  consider  Mississippi  the  least  promising  of  the  three 
States  of  which  you  have  spoken  ? 

Answer.  Yes,  sir;  the  people  of  that  State  do  not  listen  to  arguments  and  discussion  with 
as  much  calmness  as  the  people  of  Alabama  do. 

Question.  What  is  the  state  of  the  public  mind  now  in  the  three  States  you  have  described, 
with  reference  to  the  government,  as  compared  with  the  condition  of  the  public  mind  soon 
after  Lee's  surrender? 

Answer.  I  do  not  know  that  I  am  competent  to  give  a  decided  answer  to  that  question,  be 
cause  the  reports  I  received  soon  after  Lee's  surrender  were  generally  from  persons  who  trav 
elled  hurriedly  through  that  section  of  the  country.  I  think  that  in  the  great  majority  of 
cases  they  were  disposed  to  look  on  the  most  favorable  side,  immediately  after  the  surrender 
of  Lee  and  the  downfall  of  the  confederacy,  and  perhaps  they  did  not  investigate  as  closely 
as  persons  would  at.  the  present  time.  The  universal  report  made  to  me  by  persons  travelling 
through  those  States  at  that  time  was  to  the  effect  that  the  mass  of  the  people  were  very  happy 
at  the  downfall  of  the  rebellion  and  at  their  prospect  of  soon  getting  again  under  the  Consti 
tution  and  government  of  the  United  States. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  29 


WASHINGTON,  February  2,  1866. 

Major  General  George  H.  Thomas  re-called  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Do  you  know  anything,  from  information  or  report,  of  secret  organizations  in 
the  south  said  to  be  hostile  to  the  government  of  the  United  States  ? 

Answer.  I  have  received  several  communications  to  that  effect ;  but  the  persons  who  have 
given  me  this  information  have  desired  that  their  names  should  not  be  mentioned,  and  as  yet 
no  direct  accusations  have  been  made  in  regard  to  any  one  person  or  any  class  of  persons. 
There  have  been  steps  taken  to  ascertain  the  truth  of  the  matter.  The  persons  communica 
ting  with  me  are  reliable  and  truthful,  and  I  believe  their  statements  are  correct  in  the  main. 
But  how  far  this  disaffection  exteijds  I  am  not  as  yet  able  to  say.  It  does  exist  to  a  certain 
extent,  and  I  am  taking  measures  to  obtain  as  mucfi  information  on  the  subject  as  I  can. 

Question.  To  what  States  does  this  information  relate  ? 

Answer.  It  relates  to  all  the  States  lately  in  rebellion.  I  think  there  is  no  real  danger  to 
be  apprehended,  because  the  military  authority  and  power  of  the  government  is  not  only 
feared  in  those  States,  but  I  think  it  is  ample  to  put  down  any  serious  demonstration. 

Question.  Is  this  information  from  different  sources,  each  entirely  independent  of  the 
other  ? 

Answer.  Yes,  sir. 

Question.  So  far  as  you  are  informed,  what  are  the  nature  and  objects  of  this  organiza 
tion  ? 

Answer.  To  embarrass  the  government  of  the  United  States  in  the  proper  administration 
of  the  affairs  of  the  country,  by  endeavoring  or  making  strong  efforts  to  gain  very  import 
ant  concessions  to  the  people  of  the  south ;  if  possible,  to  repudiate  the  national  debt  in 
curred  in  consequence  of  the  rebellion,  or  to  gain  such  an  ascendancy  in  Congress  as  to 
make  provision  for  the  assumption  by  Congress  of  the  debt  incurred  by  the  rebel  govern 
ment  ;  also,  in  case  the  United  States  government  can  be  involved  in  a  foreign  war,  to  watch 
their  opportunity  and  take  advantage  of  the  first  that  occurs  to  strike  for  the  independence 
of  the  States  lately  in  rebellion. 

Question.  Do  you  know  of  any  persons  of  influence  being  implicated  in  this  movement  ? 

Answer.  As  yet  I  have  not  ascertained  that  any  persons  of  influence  are  implicated  in  it. 
And  I  will  further  state,  injustice  to  the  people  of  the  south,  that  I  know  of  many  men  who 
were  prominent  in  the  rebel  army,  who  I  believe  are  now  honestly  trying  to  become  good 
citizens  of  the  United  States.  They  have  been  paroled  by  the  military  authority,  have  ap- 

Elied  to  the  President  of  the  United  States  for  pardon,  and  are  awaiting  his  decision.     They 
ave  set  themselves  to  work  quietly  to  earn  an  honest  livelihood  in  some  practical  and 
peaceful  manner,  thereby  setting  a  good  example  to  the  other  people  of  the  south. 


WASHINGTON,  D.  C.,  January  30,  1866. 
Major  General  Clinton  B.  Fisk  called,  sworn  and  examined. 

By  Mr.  BOUTWELL  : 

Question.  State  the  nature  and  extent  of  your  acquaintance  with  the  people  of  Alabama 
since  Lee's  surrender,  and  the  results  of  your  acquaintance  in  reference  to  their  loyalty  or 
disloyalty. 

Answer.  From  the  month  of  June  until  November,  that  portion  of  Alabama  north  of  about 
the  34th  parallel,  including  all  the  territory  north  of  the  mountains  known  as  the  Valley  of 
the  Tennessee,  was  included 'in  my  district  of  the  Freedmen's  Bureau.  My  opportunities 
for  meeting  the  people  of  that  section  were  very  good  during  all  those  months,  and  even 
now.  I  found  a  good  many  loyal  people  in  northern  Alabama,  inasmuch  as  there  has  been 
a  very  healthy  emigration  from  the  northern  States  there,  including  a  very  considerable 
number  of  officers  mustered  out  of  our  own  service,  and  have  bought  or  leased  plantations 
in  northern  Alabama,  and,  in  fact,  I  should  say  that  half  the  industry  of  that  section  of  country 
was  in  the  hands  of  northern  men  this  year.  Perhaps  half  the  business  houses  in  Huuts- 
ville,  its  principal  city,  are  conducted  by  northern  men  and  northern  officers.  The  old  slave- 
holding  population  of  northern  Alabama  are  as  rebellious  in  spirit  as  ever.  There  is  there  a 
large  population  of  non-slaveholders,  very  poor  people,  who  are  denominated  "Alabama 
Yankees,"  inhabiting  the  Sand  Mountain  region,  who  have  from  the  beginning  of  the  strug 
gle  been  loyal.  I  was  in  northern  Alabama,  travelling  through  there  during  the  canvass  for 
members  of  the  State  convention,  attended  the  hustings  and  heard  their  speeches  from  the 
stump.  Returned  rebel  officers  were  among  the  candidates  and  were  usually  successful  at 
the  election. 


60  RECONSTRUCTION. 

Question.  From  the  information  you  have,  how  does  northern  Alabama  compare  with  the 
other  sections  of  the  State  in  reference  to  loyalty  ? 

Answer.  I  think  it  is  in  a  better  condition  than  any  other  portion  of  Alabama.  I  judge 
from  information  as  to  the  other  portions  of  the  State. 

Question.  Do  you  know  of  any  combinations  among  employers  for  the  purpose  of  regulat 
ing  the  price  of  labor  among  the  freedmen  ? 

Answer.  There  were  such  combinations  made  early  in  the  summer,  among  the  planters  in 
their  conventions,  fixing  a  very  low  rate  of  compensation  for  the  labor  of  the  freedmen.  But 
the  combinations  were  broken  up  by  the  officers  of  the  Freedmen's  Bureau.  My  orders  pro 
hibited  any  combinations  of  the  people,  or  of  communities,  fixing  any  rate  of  wages.  My 
directions  to  my  subordinates  were,  to  let  labor,  like  any  other  commodity,  compete  in  an 
open  market. 

Question.  Are  the  officers  of  the  army  and  of  the  Freedmen's  Bureau  generally  received 
kindly  by  the  old  inhabitants  of  Alabama,  or  otherwise? 

Answer.  A  great  many  of  the  old  inhabitants,  the  largest  slaveholders,  and  most  intelligent 
men,  were  among  those  who  most  heartily  co-operated  with  me ;  while  there  would  be  others, 
who  were  apparently  their  equals  in  wealth  and  intelligence,  who  resisted  me  with  all  their 
might.  But  neither  officers  of  the  government,  civil  or  military,  or  citizens  from  the  north, 
are  received  into  the  social  circle  in  Alabama ;  they  are  shut  out  completely. 

Question.  What  is  the  disposition  of  the  people  in  reference  to  the  education  of  the  negroes, 
and  their  improvement  generally  ? 

Answer.  In  northern  Alabama  there  are  no  old  Alabamians  who  give  it  any  encourage 
ment  at  all.  The  educational  interests  are  all  in  the  hands  of  northern  societies.  There  is  an 
excellent  system  of  schools  in  northern  Alabama,  established  there  by  northern  aid  commis 
sions,  and  doing  a  great  work.  There  is  hardly  a  family  in  all  that  section  who  would  per 
mit  a  teacher  of  colored  children  to  board  with  them;  consequently,  the  teachers  sent  there 
by  northern  societies  and  benevolent  enterprises  have  found  it  necessary  to  establish  them 
selves  in  their  own  houses ;  and  if  not  aided  by  the  government,  could  not  obtain  a  building 
to  teach  in. 

Question.  What  is  the  disposition  of  the  negroes,  as  far  as  you  have  observed,  in  reference 
to  laboring,  if  they  are  properly  paid  ? 

Answer.  With  fair  wages,  promptly  paid,  there  is  no  trouble  at  all.  There  is  a  great  de 
mand  at  this  present  time  for  laborers  in  northern  Alabama  by  persons  who  have  leased  the 
large  plantations. 

Question.  Is  there  a  disposition  on  the  part  of  the  landholders  to  sell  their  lands  or  to  hold 
them? 

Answer.  There  was  more  of  a  disposition  to  sell  three  or  four  months  ago  than  at  present — 
to  sell  to  emigrants.  There  was  no  disposition  at  any  time,  upon  the  part  of  any  of  the  old 
Alabamians,  to  encourage  negroes  to  acquire  or  hold  property. 

Question.  Are  there  any  negroes  who  have  any  means  of  buying  property  at  present? 

Answer.  Yes,  many  of  them  have  means.  There  is  one  negro  in  the  city  of  Huntsville 
who  pays  taxes  on  a  large  amount  of  property ;  his  name  is  Robinson. 

Question.  Was  he  free  before  the  war  ? 

Answer.  He  was.     Negroes  who  have  had  the  means  and  opportunities  of  cultivating  lands, 
as  some  of  them  have  in  northern  Alabama  for  the  last  two  years,  under  the  protection  of  the 
government,  have  done  so  with  great  success.     Much  the  best  cotton  marketed  in  that  neigh 
borhood  the  past  year  has  been  raised  under  their  direction. 
r      Question.  Do  you  apprehend  any  danger  from  negro  insurrections  in  that  country  ? 

Answer.  Not  the  least.  During  the  lew  weeks  preceding  the  holidays  there  was  great  fear 
upon  the  part  of  the  people  of  my  district,  in  many  portions  of  it,  that  there  would  be  an  in 
surrection  ;  that  when  Christmas  came  the  negroes  would  rise  en  masse  and  kill  off  the  white 
people.  During  the  holidays  I  went  into  the  most  thickly  populated  negro  sections  of  my 
district  and  met  the  people  in  large  numbers,  without  distinction  of  color,  and  talked  with 
them  about  that.  I  did  not  discover  that  there  had  been  the  least  cause  in  the  world  for  the 
apprehension;  The  negroes  passed  through  the  holidays  without  a  single  disturbance  in  the 
district,  not  one.  They  all  knew  of  the  apprehension  of  the  white  people,  and  talked  about 
it.  But  they  said  there  was  nothing  in  it ;  that  none  of  them  thought  of  such  a  thing.  Still 
a  portion  of  the  Memphis  press  and  the  Mississippi  press  particularly  were  filled  with  it 
every  day,  warning  the  white  people  to  be  well  armed,  to  watch  and  to  kill  every  negro  on 
the  first  demonstration.  That  frightened  some  of  the  negroes,  who  thought  it  was  an  attempt 
on  the  part  of  the  white  people  to  create  a  disturbance  in  order  to  massacre  them.  Many  of 
the  it-turned  negro  soldiers  who  had  their  arms  got  ready  for  any  demonstration  or  any  trouble. 
<I  went  myself  into  northern  Mississippi  to  look  after  a  reported  insurrection  of  negroes  there, 
and  found  the  whole  thing  had  grown  out  of  one  negro  marching  through  the  woods  with  his 
fowling-piece  to  shoot  squirrels  to  feed  his  family.  It  was  magnified  into  hundreds  of  negroes 
marching  upon  their  old  masters  with  bloody  intent  by  the  time  it  reached  Memphis  and  the 
papers  in  the  north.  One  of  the  most  serious  obstacles  we  have  to  encounter  in  that  section 
of  country  is  the  course  pursued  by  a  majority  of  the  newspapers.  The  city  of  Memphis 
has  five  or  six  sheets  edited  by  the  men  who  wrote  up  the  rebellion  and  now  hate  the  gov- 


ARKANSAS — GEORGIA — MISSISSIPPI — A  LAB  AMA.  3 1 

ernment  of  the  United  States.  They  circulate  freely  through  northern  Mississippi,  for  Mem 
phis  is  located  within  a  few  miles  of  the  State  line,  and  the  Memphis  and  Charleston  railroad 
runs  into  northern  Mississippi  and  then  east  through  northern  Alabama.  It  seemed,  from  the 
reading  of  some  of  these  papers  at  that  period,  that  it  was  the  intention  of  the  editors  to 
create  an  insurrection  if  possible.  But  the  holidays  pass,  the  negroes  did  not  insurrect,  and 
there  was  no  trouble  of  any  kind.  They  did  not  contract  as  freely  for  labor  as  they  did  after 
the  holidays.  There  is  no  doubt  but  what  a  majority  of  the  colored  population  in  those  States 
down  there  positively  believed  that  the  government  would  take  the  plantations,  with  their  old 
masters  who  had  been  in  the  rebel  service,  cut  them  up  into  forty-acre  parcels,  and  give  them 
to  the  colored  people.  Many  of  our  soldiers  told  them,  as  the  army  marched  victoriously  to 
the  Gulf,  that  we  were  to  give  them  the  plantations  and  make  them  the  lords  of  the  soil  here 
after.  I  have  had  occasion  to  disabuse  the  minds  of  negroes  of  that  idea,  who  had  received 
it  from  the  troops  of  my  own  command  in  Mississippi.  Then  tho  rebel  masters  of  that  s$c- 
tion  very  generally  stated,  in  the  presence  of  their  old  slaves,  that  if  the  Yankees  succeeded 
in  subjugating  them  they  would  take  their  plantations  away  and  distribute  their  property 
among  the  negroes.  Then  they  had  heard,  of  course,  of  the  establishment  of  the  Freedmen's 
Bureau,  and  of  certain  abandoned  lands,  in  reference  to  which  the  .negroes  were  to  enjoy 
certain  rights,  the  right  ofl  easing,  and  after  three  years,  of  purchasing  at  a  certain  valuation. 
They  understood  all  that,  and  I  found,  on  going  among  them,  that  they  fully  believed  the 
lands  were  to  be  so  divided.  When  they  were  disabused  of  that  impression,  and  found  there 
were  no  lands  to  be  given  to  them,  most  of  them  were  ready  to  contract  for  labor.  The  first 
twenty  days  of  this  month  the  Memphis  agency  made  contracts  with  7,280  persons  for  labor. 
They  made  contracts  covering  not  only  West  Tennessee,  but  southern  Mississippi  and  eastern 
Arkansas,  Memphis  being  central  to  all  that  great  section. 

Question.  What  have  been  your  means  of  information  in  regard  to  Georgia  since  the  sur 
render  of  Lee  ? 

Answer.  Of  southern  Georgia  the  same  as  southern  Alabama  ;  of  the  southern  part  of  the 
State  as  far  south  as  Atlanta. 

Question.  How  does  the  public  sentiment  and  conduct  of  the  people  there  compare  with 
that  of  the  peoprh  of  southern  Alabama  ? 

Answer.  Just  about  the  same,  as  far  as  I  can  judge. 

Question.  What  has  been  your  acquaintance  in  Mississippi  during  the  same  period  of 
time? 

Answer.  Of  southern  Mississippi  the  same  as  of  the  other  States  I  have  mentioned.  I 
have  had  the  same  opportunities  for  knowing  the  condition  of  matters  there. 

Question.  What  is  the  condition  of  that  part  of  Mississippi  compared  with  southern  Alaba 
ma  and  Georgia  ? 

Answer.  Mississippi  is  in  a  worse  condition  than  that  of  either  of  these  States  ;  that  is  to 
say,  there  is  more  brutal  treatment  of  freedmen,  and  there  is  more  persecution  of  white  loyal 
citizens — much  more.  The  legislation  there  has  been  against  the  freedmen  decidedly.  Re 
cent  laws  enacted  by  its  legislature  prohibit  the  negroes  from  holding  lands.  They  enacted 
a  law  which  describes  the  negro,  not  as  a  fugitive  from  slavery,  but  as  a  deserter  from  em 
ployment,  making  it  an  offence  for  any  white  person  in  the  State  to  give  him  a  cup  of  cold  water 
or  a  piece  of  bread,  it  he  happens  to  be  a  deserter  from  employment.  He  must  go  back  to  the 
place  where  he  was  employed.  There  is  a  very  decided  opposition  to  justice  being  done  gen 
erally  to  freedmen  in  northern  Mississippi.  I  received  a  few  days  since  a  letter  from  a  large 
planter,  living  in  De  Soto  county,  in  response  to  a  communication  asking  him  to  surrender  a 
little  girl  he  had  in  his  possession  to  her  mother,  who  was  then  living  in  Memphis,  but  who 
was  formerly  his  slave.  He  declined  to  give  up  the  girl,  and  wrote  me  a  long  letter  in  rela 
tion  to  it,  which  closed  up  by  saying  :  "As  to  recognizing  the  rights  of  freedmeu  to  their 
children,  I  will  say  there  is  not  one  man  or  woman  in  all  the  south  who  believes  they  are  free, 
but  we  consider  them  as  stolen  property — stolen  by  the  bayonets  of  the  damnable  United 
States  government.  Yours  truly,  T.  Yancey."  That  is  a  sample  of  very  much  of  the  corre 
spondence  we  have  with  that  class  of  people.  The  original  of  that  letter  is  at  the  Freedmen's 
Bureau  here  in  Washington.  I  sent  it  to  General  Howard.  I  have  to-day  received  the 
statement  of  two  very  respectable  colored  men  who  went  into  northern  Mississippi  from 
Nashville  and  rented  plantations.  Both  of  them  were  men  of  means,  and  one  a  reputed  son 
of  Ishani  G.  Harris,  former  governor  of  Tennessee.  Both  were  very  intelligent  colored  men. 
They  have  been  driven  out  and  warned  not  to  put  their  feet  within  the  State  again.  Their  writ 
ten  statements  and  affidavits  I  have,  and  will  cheerfully  place  them  in  the  hands  of  the  com 
mittee  if  they  desire  it.  They  are  reliable  men  ;  I  know  them  both. 

Question.  What,  in  your  opinion,  would  be  the  result  of  withdrawing  the  troops  from 
Georgia,  Alabama  and  Mississippi,  and  of  suspending  the  operations  of  the  Freedmen's 
Bureau  ? 

Answer.  I  think  it  would  be  disastrous — indeed,  a  great  calamity  to  that  section  of  the 
country. 

Question.  In  what  way  would  it  be  disastrous  ?     What  results  would  you  anticipate  ? 

Answer.  It  would  destroy  their  industry  almost  entirely.  The  freedmen  would  not  remain 
there.  There  would  be  no  cheerful,  contented,  productive  labor  in  that  section  of  the  coun- 


32  RECONSTRUCTION. 

try.  Unless  the  laborer  is  assured  that  he  has  a  government  agent  set  for  his  protection  and 
defence,  lie  would  withdraw,  and  the  condition  of  things  would  be  too  unpleasant  for  noith- 
ern  men  of  enterprise  to  live  in  that  section  of  country. 

Question.  Has  there  been  any  change  of  public  sentiment  that  is  apparent,  within  the  last 
six  months,  in  reference  to  this  government,  favorable  or  unfavorable? 

Answer.  In  the  early  months  after  the  surrender  there  seemed  to  have  been  a  much  better 
feeling  of  submission  to  the  logic  of  events  manifested  than  subsequent  to  that  period.  The 
people  grew  insolent,  were  full  of  criticism  of  the  conduct  of  the  government,  and  treated  the 
government  officials  shabbily.  Then  that  seemed  to  wear  away,  and  a  better  feeling  came 
over  them  ;  a  sort  of  intermittent  submission,  if  I  may  so  describe  it,  prevails  among  the  peo 
ple  of  that  section  of  country.  I  have  never  met  a  man  down  there  who  went  into  the  rebel 
lion  and  did  all  he  could,  either  in  a  military  or  civil  capacity,  who  expressed  the  least  regret 
in  the  world  that  he  went  into  it,  or  in  the  least  sorry  for  anything  in  connexion  with  it,  except 
that  the  confederacy  failed.  They  wish  it  had  been  a  success.  Of  course  there  are  a  great 
number  of  people  down  there  who  recognize  the  fact  that,  having  appealed  to  the  arbitrament 
of  the  sword  and  been  defeated,  the  best  thing  they  can  do  now  is  to  become  and  remain  good 
citizens.  If  the  women  of  the  south,  the  ministers  of  the  south,  and  the  press  of  the  south 
were  right,  there  woulS  be  no  difficulty.  There  would  be  real  loyalty  found  there  if  it  could 
be  encouraged  properly.  I  do  not  mean  to  say  the  ministers  go  into  the  pulpit  and  preach 
against  this  government.  But  as  a  class,  they  have  more  influence  as  pastors  at  the  south, 
moving  quietly  among  the  people,  than,  perhaps,  they  do  in  the  north.  They,  to  a  greater 
extent,  make  the  sentiment  there,  and  the  great  mass  of  them  oppose,  bitterly,  this  govern 
ment.  The  newspapers  are  full  of  editorials  asking  the  people,  not  to  allow  these  nasal- 
twanged,  blue-bellied,  s'pmdle-shanked  Yankees  to  settle  in  their  midst.  An  editorial  of  this 
kind  appeared  a  few  days  ago  in  one  of  the  leading  papers  of  Memphis.  I  heard  it  read  in  a 
railway  train,  and  it  rejoiced  a  great  many  southern  men.  They  said,  "  That's  the  sort  of 
talk.  We  are  not  going  to  have  these  people  come  down  here  nosing  around  and  making 
money  off  our  misfortunes.  We  will  make  it  too  hot  for  them."  Of  course,  there  are  a  great 
many  sensible  people  down  there,  who  advise  against  such  talk,  who  condemn  such  editori 
als,  and  who  would  be  glad  if  their  ministers  would  take  a  different  course.  dPne  °f  the  chief 
causes  for  the  late  disturbances  in  northern  Mississippi  was  the  arming  of  their  local  militia. 
They  were  ordered  by  the  adjutant  general  of  the  State  to  disarm  the  negroes  and  turn  their 
arms  into  the  arsenals.  That  caused  great  dissatisfaction  and  disturbance.  We  immediately 
issued  orders  prohibiting  the  disarming  of  the  negroes,  since  which  it  has  become  more  quiet. 
The  enactment  and  enforcement  of  just  laws,  laws  that  would  give  impartial  justice  to  the 
freedmen  of  the  south,  would  do  more  to  tranquillize  and  secure  prosperity  than  anything 
else ;  and  until  that  is  done,  I  could  not  advise  the  withdrawal  of  the  troops  or  the  protection 
of  the  government  over  a  single  foot  of  the  territory  of  which  I  have  been  speaking. 

Question.  Can  we  expect  such  laws  from  the  local  authorities  there  at  present  ? 

Answer.  Not  at  present.  The  legislation  in  Alabama,  thus  far,  has  been  better  than  in 
either  of  the  other  States,  and  Alabama  may  be  said  to  be  in  a  better  condition  than  either. 

Question.  State  if  you  know  anything  of  the  condition  of  Arkansas. 

Answer.  My  knowledge  of  eastern  Arkansas  is  the  same  as  of  the  northern  portions  of. the 
three  States  in  reference  to  which  I  have  spoken.  We  have  had  very  much  to  do*  with  the 
contracts  of  the  freedmen  in  that  portion  of  Arkansas  contiguous  to  Memphis — of  the  portion 
of  the  State  east  of  the  St.  Francis  river. 

Question.  State  the  condition  of  Arkansas  as  far  as  you  know  it. 

Answer.  Arkansas  would  compare  very  favorably  with  northern  Alabama.  The  condition 
in  that  State  is  better  than  in  Mississippi.  The  planters  in  eastern  Arkansas  have  treated 
tljeir  freedmen  Avith  greater  generosity  and  fairness  than  they  have  in  either  of  the  other  States. 
They  are  quite  disposed  to  rent  their  plantations  for  a  share  of  the  crops  to  their  freed  people. 
For  instance,  the  planter  furnishes  the  teams,  implements,  seed,  &c.,  and  the  freedmen  do 
the  work  and  receive  one-third  the  crop.  I  saw,  the  other  day,  a  freedman  from  one  of  the 
plantations  in  eastern  Arkansas,  who  sold  his  share  of  the  crop  for  1865  for  $1,100.  He  de 
posited  the  greater  portion  of  his  earnings  in  the  Freedman's  Savings  Bank,  bought  spelling 
books  for  his  children,'  and  a  little  outfit  of  supplies  for  his  family  and  returned  That  por 
tion  of  the  State  is  sparsely  settled,  and  there  has  not  been,  in  the  aggregate,  very  much  of 
the  evil  over  there  which  has  been  experienced  in  other  States. 

Question.  Is  there  still  a  necessity  for  the  army  and  the  bureau  to  be  continued  in  eastern 
Arkansas  '.' 

Answer.  There  is  a  necessity  for  the  bureau,  and  the  bureau  needs  the  army — that  is,  the 
presence  of  a  military  force.  It  would  aid  greatly  in  that  section  of  country  if  men,  who  felt 
right,  who  believed  right,  and  are  right,  would  be  active  instead  of  passive  in  the  presence  of 
wrongs  to  the  freedman  or  injustice  to  white  Unionists.  If  they  would  meet  in  conventions  in 
their  counties  and  declare  against  these  wrongs — against  these  evils — and  determine  they 
should  stop,  it  would  do  a  great  deal  toward  putting  them  down,  but  there  is  but  little  active 
sentiment  in  behalf  of  loyalty  and  justice.  / 

Quesiion.  What  is  the  opinion  of  the  truly  loyal  men,  those  who  have  been  on  the  side  of 
the  Union  during  the  war,  on  the  question  of  retaining  the  troops  and  the  bureau  ? 

Answer.  They  are  unanimous  for  the  retention  of  both. 


ARKANSAS — GEORGIA — MISSISSIPPI ALABAMA.  33 


WASHINGTON  January  31,  1866. 

Brigadier  General  Charles  H.  Howard  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  You  are  in  the  military  service  of  the  United  States  ? 

Answer.  Yes,  sir. 

Question.  What  is  your  rank? 

Answer.  Brevet  brigadier  general  of  volunteers. 

Question.  On  what  service  are  you  now  ? 

Answer.  I  am  an  inspector  in  the  Freedmen's  Bureau. 

Question.  You  are  a  brother  of  Major  General  O.  O.  Howard  ? 

Answer.  Yes,  sir. 

Question.  State  whether  you  have  been  on  service  in  the  States  of  Virginia,  North  Carolina, 
and  South  Carolina. 

Answer.  I  have  been  on  service  in  South  Carolina,  Georgia,  and  Florida  for  about  three 
months  past. 

Question.  Where  have  you  resided  principally  ? 

Answer.  My  headquarters  were  at  Charleston,  S.  C. 

Question.  Where  are  they  now  ? 

Answer.  I  am  now  ordered  here  for  duty  in  this  District. 

Question.  Are  you  conversant  with  the  state  of  feeling  in  South  Carolina,  the  prevalent 
state  6f  feeling  among  the  rebels,  in  regard  to  the  government  of  the  United  States  ? 

Answer.  Yes,  sir ;  I  think  I  am.     I  have  had  a  good  opportunity  to  be  conversant  with  it. 

Question  State  in  general  terms  what  have  been  your  opportunities  to  observe  the  state 
of  feeling  in  South  Carolina. 

Answer.  From  my  residence  in  Charleston  since  early  in  September  last,  and  from  my 
residence  in  South  Carolina  since  the  beginning  of  April  last,  and  from  several  inspection 
tours  which  I  have  made  through  different  counties  of  South  Carolina.  These  are  the  means 
of  my  knowledge  of  the  sentiments  of  the  people  there. 

Question.  State  whether  you  spent  considerable  time  on  these  tours  of  inspection.  t 

Answer.  Yes,  sir ;  I  have  often  spent  a  day,  or  two  or  three  days,  at  a  place  and  in  a 
county. 

Question.  Did  you  visit  many  towns  and  cities  in  the  State? 
•  Answer.  Yes,  sir ;  I  visited  all  the  principal  cities  in  South  Carolina. 

Question.  And  the  principal  villages  ? 

Answer.  Yes,  sir ;  I  was  in  pretty  much  every  county  in  South  Carolina,  with  one  or  two 
exceptions,  and  at  different  times. 

Question.  Did  you  mingle  freely  in  conversation  with  the  rebel  portion  of  the  community? 

Answer.  Yes,  sir ;  in  my  travels  in  the  cars  and  in  stages,  and  on  visiting  different  planta 
tions,  and  in  stopping  at  hotels,  and  in  my  official  intercourse,  I  was  necessarily  brought  in 
contact  with  them. 

Question.  You  talked  with  them  freely?  . 

Answer.  I  made  it  a  purpose  to  converse  freely  because  I  was  an  inspecting  officer,  and 
my  duty,  as  I  interpreted  it,  was  to  get  at  the  condition  of  things,  get  at  the  facts  rather  than 
anything  else. 

Question.  From  the  opinion  which  you  thus  derived,  state  what  appears  to  be  the  feeling 
down  among  the  people  of  South  Carolina  toward  the  government  of  the  United  States ;  is  it 
friendly,  or  is  it  unfriendly  ? 

Answer.  I  think  that  the  feeling  of  a  majority  of  the  people  of  South  Carolina  is  not  kindly, 
and  can  hardly  be  called  friendly,  towards  the  government  of  the  United  States.  I  did  meet 
with  old  gentlemen  who  seemed  to  express  an  undoubted  disposition  to  be  faithful  in  their 
duties  as  citizens  hereafter;  but  I  met  with  a  great  many  wno  exhibited  ill-feeling,  and  a 
disposition  to  get  around,  in  anyway  they  could,  the  requirements  of  the  government;  a 
disposition  to  oppose,  if  they  could,  the  purposes  of  the  government,  especially  in  reference 
to  the  negro.  This  I  found  to  a  very  large  extent.  Their  feeling  as  exhibited  toward  men 
who  had  been  Union  men  and  loyal  from  the  beginning  was  unmistakable." 

Question.  Was  it  bitter? 

Answer.  Yes,  sir;  it  was  bitter.  I  found  that  that  class  of  men  felt  it  deeply  and  com 
plained  of  it,  and  complained  also  that  the  government  had,  as  they  thought,  allowed  their  ' 
enemies,  as  they' called  them,  and  the  enemies  of  the  United  States,  a  hearing,  and  had  not 
given  to  them  any  opportunity  of  expressing  their  views  and  feelings.  They  complained  that 
the  result  was  that  they  were  actually  ostracised  in  the  matter  of  all  government  offices,  and 
agencies,  and  influence.  That  same  feeling  I  found  very  marked  in  reference  to  northern 
immigrants'  those  who  had  come  there  with  a  disposition  to  settle.  I  found  also,  in  conver 
sation  with  these  northern  residents,  that  they  agreed  to  the  same;  that  there  was  no  disposi 
tion  to  foster  northern  immigration ;  and  they  expressed  to  me  the  opinion  that  unless  the 
United  States  agencies  and  authorities  were  continued  there,  it  would  be  almost  impossible 
for  them  to  remain  there.  In  some  counties  they  thought  they  would  be  forced  away.  Still 
there  was  some  difference  in  that  respect.  Some  communities  were  not  so  bad  as  others. 
3  A  G  M  A 


34  RECONSTRUCTION. 

Question.  What  is  the  military  force  in  the  State  of  South  Carolina  ? 

Answer.  The  force  has  been  diminishing  constantly  during1  these  three  months.  There  are 
comparatively  few  troops  there  now,  although  there  are  some  in  nearly  every  county — a  small 
garrison. 

Question.  Suppose  the  Union  military  forces  should  be  withdrawn  now  from  South  Caro 
lina,  what  would  be  the  effect  of  their  withdrawal  ? 

Answer.  I  think  that  it  would  be  a  source  of  great  injury  to  the  freedmen  throughout  the 
State;  I  think  they  would  suffer  from  it  in  their  persons  and  property,  and  in  all  their  busi 
ness  relations  and  affairs.  In  fact,  they  would  be'  prevented,  in  the  present  state  of  public 
sentiment,  from  carrying  on  any  legitimate  business  in  the  State  by  those  who  are  felt  to  be 
their  enemies,  and  who  seem  to  be  naturally  opposed  to  them — former  slaveholders  as  a 
whole.  Another  ill  effect  that  would  doubtless  follow  the  withdrawal  of  the  troops  would  be 
the  complete  ostracism  of  the  old  Union  men  ;  and  a  third  ill  effect  would  be  the  injury  to 
northern  residents,  and  the  prevention  of  northern  immigration.  I  consider  these  things  ineV 
itable. 

Question.  Would  it  be  safe  for  the  old  Union  men  of  South  Carolina  and  the  northern 
immigrant  to  remain  in  the  State  after  the  withdrawal  of  the  forces? 

Answer.  In  some  portions  of  the  State  I  am  convinced  that  no  northern  residents  could  re 
main,  unless  they  curried  favor,  in  some  way,  with  the  ex-rebels.  The  Union  men  who  live 
there,  and  who  have  lived  there,  are  very  few  in  South  Carolina,  much  fewer  than  in  Georgia 
or  Florida.  Those  who  have  been  there  might  remain  undisturbed,  but  th^  would  never 
have  any  political  privileges  whatever.  I  can  say  a  great  deal  more  with  reference  to  the 
ill  results  that  would  come  to  the  negroes  from  a  withdrawal  of  the  United  States  forces. 

Question.  State  your  opinion  freely  as  to  these  results  ;  that  is  one  important  branch  of 
our  inquiry. 

Answer.  In  addition  to  what  I  have  said  in  reference  to  the  negro,  the  public  sentiment  in 
regard  to  the  education  of  the  negro  is  very  clearly  defined.  There  are  very  few  exceptions 
among  these  ex-rebels  of  South  Carolina  who  are  not  positively  opposed  to  the  education 
of  the  negro. 

Question.  Why  ? 

Answer.  Some  on  the  ground  that  it  is  labor  lost  entirely ;  that  it  would  be  useless 
to  undertake  such  a  work ;  and  others  on  the  ground  that  it  would  be  a  positive  injury  to 
labor ;  that  the  negro  would  not  work  as  well ;  in  fact,  upon  the  general  ground  that  the 
education  of  the  laborer  is  injurious  to  the  interests  of  labor.  They  take  that  ground  in 
argument.  * 

Question.  As  a  principle  of  political  economy,  I  suppose? 

Answer.  Yes,  sir;  and  chiefly,  I  believe,  from  their  old  prejudices  against  the  negro. 
They  would  not  be  able  to  state  what  you  would  consider  a  valid  argument  why  the  negro 
should  not  be  educated,  except  the  folly  of  it  and  the  uselessness  of  it.  They  would  all 
agree  upon  giving  that  as  a  reason  ;  but  their  feelings  are  very  strong  upon  that  point  against 
educating  the  negro  and  against  any  one  who  has  anything  to  do  with  it.  They  would  never 
receive  on  any  social  equality  the  lady  teachers  who  go  down  there,  whatever  might 
have  been  their  social  position  at  the  north.  They  never  receive  them  into,  social  equality, 
and  they  try  to  make  it  uncomfortable  for  them.  In  fact,  I  have  had  great  difficulty  to  con 
tend  with  in  locating  female  teachers,  particularly  in  towns.  It  has  been  almost  impossible 
to  procure  boarding-places  for  them.  People  who  need  the  pecuniary  advantages  of  keeping 
boarders  would  refuse  to  receive  teachers  into  their  families  because  they  were  negro  teachers. 
The  same  feeling  existed  in  each  of  the  three  States — South  Carolina,  Georgia,  and  Florida. 
It  was  shown,  too,  in  refusing  to  allow  us  public  buildings.  It  was  part  of  my  duty  to  locate 
schools  ;  and  this  disposition  against  the  education  of  the  negro  appeared  particularly  in  their 
refusing  to  give  up  buildings  that  were  not  used  for  any  purpose  whatever,  and  which  might 
as  well  have  been  devoted  to  that  purpose  as,  not.  For  instance  :  I  found  a  comparatively 
small  village  where  there  were  two  academic  buildings,  which  had  not  been  used  during  the 
war.  I  proposed  that  I  should  be  allowed  to  take  the  building  that  was  most  out  of  repair, 
in  order  to  use  it  for  a  school  for  colored  children,  the  colored  people  there  promising  that 
they  would  repair  it  and  put  it  in  good  order,  and  offering  to  use  it  only  for  such  time  as  a 
building  could  be  erected  by  them.  They  were  willing  to  do  that  work,  but  it  would  take 
some  time,  and  they  wanted  to  locate  their  school  at  once.  The  prominent  citizens 
of  the  place  positively  refused  to  allow  the  building  to  be  used  for  that  purpose,  stating 
that  white  people  would  never  again  send  their  children  there,  and  the  building  would 
ever  after  be  useless  as  a  school  for  white  children.  This  was  stated  to  me  by  prominent 
citizens,  judges  of  the  district,  and  men  who  were  apparently  conservative,  as  they  were 
called,  and  as  I  considered  them;  men  who  were  apparently  well-disposed  towards  the 
United  States  government.  They  were  so  positive  in  this  matter  that  the  idea  had  to  be 
relinquished.  • 

Question.  State  whether  the  blacks  are  anxious  to  obtain  education  generally. 
Answer.  Yes,  sir;  1  found  that  not  only  general,  but  I  can  say  universal.     I  have  never 
found  any  community  of  blacks,  never  addressed  them  at  public  meetings  or  individually, 
wheie  I  did  not  find  in  them  an  eagerness  to  learn,  either  on  their  own  part  or  especially  for 
their  children.    Sometimes  on  plantations,  when  I  urged  the  necessity  of  the  blacks  renewing 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  35 

their  contracts  for  another  year,  they  have  given  as  the  prominent  reason  why  they  wished 
to  change  employers  and  go  elsewhere,  their  desire  to  get  near  a  village  where  they  could 
have  a  school  for  their  children.  That  was  so  universal  that  I  considered  it  rather  remarkable 
that  there  should  be  such  a  unanimity  on  the  part  of  them  all  for  education.  $ 

Question.  Compared  with  the  white  children,  how  much  capacity  for  learning  do  the  negro 
children  exhibit  ? 

Answer.  I  visited  a  short  time  since  a  school  that  we  have  in  Charleston,  South  Carolina, 
and  made  it  a  special  object  to  examine  the  scholars  as  to  their  proficiency.  The  school 
consisted  of  a  thousand  pupils,  with  an  average  attendance  of  about  eight  hundred.  It  is 
in  charge  of  a  colored  man,  an  educated  man,  a  native  of 'Charleston,  but  who  was  away 
from  there  during  the  war.  The  scholars  are  all  colored,  and  many  of  the  teachers  are 
colored.  I  went  from  room  to  room  and  examined  the  scholars  in  different  branches,  in 
grammar,  arithmetic,  and  geography.  I  found  that  many  of  the  scholars  had  made  an  equal 
proficiency  with  the  same  classes  in  other  schools  in  the  north  with  which  I  have  been  familiar. 
This  school  has  been  only  in  operation  since  the  taking  of  Charleston,  of  course.  There 
seemed  to  have  been  a  wonderful  proficiency,  taking  into  account  the  short  time  it  was  in 
existence.  I  had  heard,  and  was  somewhat  of  opinion  myself,  that  the  colored  people  were 
disposed  to  learn  by  rote;  that  they  memorized  matters  pretty  readily  and  repeated  them 
parrot-like,  and  that  the  depth  and  profundity  of  their  knowledge  was  rather  limited.  That 
was  my  impression  before  going  into  these  schools,  but  I  was  happily  disappointed  in  ex 
amining  individual  cases  to  find  that  they  understood  the  reasons  of  things.  In  the  grammar, 
for  instance,  they  could  give  the  rules  and  the  reasons,  and  in  arithmetic  they  could  explain 
the  problems.  They  seemed  to  understand  the  reasons  so  far  as  I  conducted  the  examination. 
I  was  surprised  to  fiud  the  thoroughness  of  their  education,  and  it  convinced  me  that  really 
there  was  not  that  limit  which  I  previously  thought  there  was  in  regard  to  the  thoroughness 
of  their  learning. 

Question.  Do  you  mean  to  be  understood  as  saying  that  you  have  observed  no  inferiority, 
in  point  of  capacity,  of  colored  to  white  children  ? 

Answer.  As  far  as  my  observation  went  in  those  schools,  I  must  acknowledge  that,  con 
sidering  the  time  they  had  been  at  school,  I  could  not  see  that  there  was  any  inferiority  to 
what  I  would  have  expected  in  white  children,  and  I  have  had  experience  in  teaching,  myself, 
in  former  years.  I  would  not  be  able  to  express  the  opinion  that  there  was  any  inferiority, 
considering  the  circumstances. 

Question.  How  extensive  in  South  Carolina  is  that  prejudice  of  which  you  spoke  against 
the  education  of  blacks;  is  it  confined  to  any  particular  class  of  whites? 

Answer.  It  is  pretty  universal.     I  would  not  say  that  it  is^confined  to  any  particular  class. 

Question.  Is  that  feeling  as  intense  among  the  higher  classes  of  whites  in  South  Carolina 
as  it  is  among  the  lower  classes  ? 

Answer.  As  a  class  I  think  it  is ;  that  is  to  say,  among  the  wealthy  planters.  It  exists  as 
much  among  those  who  are  merchants  and  mechanics.  That  is  the  way  they  divide  the 
classes  there. 

Question.  What  is  the  sentiment  among  the  lower  strata  of  society  ;  among  the  poorer  white 
people  of  South  Carolina  ? 

Answer.  As  a  general  thing,  my  observation  is  that  that  class  has  been  so  moulded,  in  con 
tact  with  the  others  in  South  Carolina,  that  they  have  not  a  true  appreciation  of  education 
themselves,  and  they  have  as  blind  a  prejudice  about  the  negro  as  any  others. 

Question.  Is  it  not  somewhat  more  intense? 

Answer.  I  think  it  is  more  intense  than  among  the  better  educated  people — the  better 
thinking  men.  There  are  some  among  the  first  classes  of  South  Carolinians,  educated  men 
and  Christian  men,  as  I  believe  them  to  be,  who  are  not  so  bitterly  opposed  to  the  education 
of  the  blacks,  although  they  seem  to  regard  it  as  a  folly.  I  never  have  seem  in  South 
Carolina  any  who  felt  interest  enough  in  it  to  advocate  it,  or  to  take  measures,  either  in  their 
legislature  or  elsewhere,  to  bring  about  the  education  of  the  blacks.  Yet  there  are  some 
among  the  better  portion  of  the  community  who  are  not  so  much  opposed  to  it.  In  Georgia 
and  in  Florida  I  found  some  of  the*  better  classes  of  the  community  who  are  in  favor  of  the 
education  of  the  blacks,  but  not  many,  comparatively  a  small  number. 

Question.  How  would  a  proposal  to  allow  a  negro  to  vote  be  accepted  in  South  Carolina? 

Answer.  They  are  utterly  and  unqualifiedly  opposed  to  negroes  voting. 

Question.  Have  yoii  any  knowledge  respecting  the  state  of  things  on  the  sea^-islands,  as 
they  are  called  ? 

Answer.  Yes,  sir ;  I  have  visited  the  sea-islands  recently. 

Question.  How  many  of  these  islands  are  there  ? 

Answer.  There  are  some  eight  or  ten  or  more  of  the  larger  islands. 

Question.  Famous  for  their  production  of  cotton  ? 

Answer!  Yes,  sir;  sea-island. cotton. 

Question.  Can  you  state  how  these  islands  are  now  principally  occupied  ? 

Answer.  A  number  of  plantations  on  each, 'and  sometimes  entire  islands,  have  been  for 
mally  restored  to  their  former  owners.  They  were  all  abandoned  during  the  war.  On  sev 
eral  of  the  islands  negroes  have  been  located  and  have  been  engaged  in  cultivating  the  laud. 
Some,  and  a  considerable  number,  previously  to  General  Sherman's  celebrated  order,  issued 


36  RECONSTRUCTION. 

last  winter  at  Savannah,  and  a  large  number  under  the  provisions  of  that  order,  have  heen 
located  on  the  different  islands.  A  considerable  number  have  received  formal  titles  to  forty 
acres  each  on  these  islands.  Where  there  were  large  numbers  of  them  on  any  given  plantation 
they  still  remain  in  possession ;  but  where  there  were  very  few  on  a  plantation,  the  plantation 
has  been,  in  some  cases,  restored.  The  understanding  was  that  the  orders  were  that  where 
there  were  very  few  negroes  on  a  plantation  the  plantation  should  be  restored  if  the  negroes 
were  properly  provided  with  homes. 

Question.  How  long  is  it  since  they  were  restored  ? 

Answer.  They  have  been  in  process  of  restoration  since  the  latter  part  of  October,  more  or 
less,  all  along.  It  was  by  direction  of  the  President. 

Question.  What  has  become  of  the  blacks  who  were  formerly  located  on  them  ;  are  they 
chiefly  there  1 

Answer.  As  I  stated,  the  limitation  has  been  to  where  there  were  only  a  few  negroes  on  a 
plantation,  and  these  few  sometimes  have  made  contracts  to  work  for  the  former  owners  at 
fair  rates,  while  some  of  them  have  preferred  to  leave  altogether.  The  general  disposition  is, 
when  they  cannot  get  titles  themselves,  that  they  would  rather  leave  altogether  than  make 
contracts  with  their  former  owners. 

Question.  They  would  prefer  to  be  owners  themselves  ? 

Answer.  Yes,  sir ;  and  I  may  add  that  there  is  a  strong  desire,  amounting  almost  to  a  pas 
sion,  on  the  part  of  a  large  number  of  the  more  enterprising  of  the  blacks,  to  obtain  land  by 
lease,  or  to  own  land,  and  that  there  is  a  corresponding  repugnance  on  the  part  of  the  citizens 
of  South  Carolina  to  allow  them  either  to  obtain  land  by  lease  or  purchase.  That  is  the  case 
in  Georgia  also.  In  fact,  I  may  say  that  there  is  a  determination  on  the  part  of  the  old  white 
residents,  so  far  as  I  could  see,  not  to  allow  them  either  to  own  or  to  rent  land. 

Question.  Is  that  feeling  very  general  ? 

Answer.  That  feeling  is  universal  among  the  white  residents ;  so  much  so,  that,  meeting  the 
other  strong  desire  on  the  part  of  the  blacks,  it  produces  a  great  deal  of  distrust  and  ill  feeling 
which  would  not  otherwise  exist. 

Question.  Judging  from  what  you  know  of  the  popular  feeling  in  South  Carolina  on  the 
subject  of  negroes  owning-  real  estate,  would  not  the  legislature  of  that  State,  if  left  unre 
strained  by  act  of  Congress,  prohibit  the  black  race  entirely  from  owning  land  within  the 
State  ? 

Answer.  I  think  they  would. 

Question.  Have  you  any  doubt  about  it  in  your  own  mind,  judging  from  what  you  know 
about  the  popular  feeling  there  ? 

Answer.  I  have  no  doubt  that  the  majority  of  the  people  of  South  Carolina  would  insist 
on  such  a  thing. 

Question.  In  such  a  case  as  that,  what  is  the  idea  of  the  South  Carolinians  as  to  the  dispo 
sition  to  be  made  of  the  black  race — what  would  they  do  with  them  ? 

Answer.  They  would  put  them  in  a  condition  of  compulsory  labor.  Those  who  have  the 
kindest  disposition,  apparently,  toward  the  negro,  seem  to  consider  it  as  inevitable  that  he 
shall  be  under  some  compulsory  system  of  labor.  They  do  not  seem  to  have  a  proper  under 
standing  of  what  free  labor  is,  or  else  their  feelings  towards  the  blacks  are  such  as  to  prevent 
them  considering  the  question  fairly. 

Question.  In  such  a  case  as  that,  would  they  allow  the  negro  to  stand  as  a  free  contracting 
party  in  regard  to  his  own.  labor  without  restraint  or  compulsion  of  law  ? 

Answer.  Judging  from  what  I  know  of  the  public  sentiment,  and  from  the  laws  passed 
already,  I  should  say  not. 

Question.  They  would  not  allow  him  to  be  a  free  contractor? 

Answer.  No,  sir.  They  did  give  him  a  certain  appearance  of  fairness  in  contracting,  but 
they  threw  about  him  so  many  compulsory  regulations  in  the  matter  of  making  contracts, 
and  in 'the  fulfilment  of  contracts,  and  in  all  the  business  of  the  plantation,  that  it  virtually 
amounted  to  the  same  thing  as  depriving  him  of  the  power  of  making  free  contracts,  as  you 
understand  it. 

Question.  What  is  the  general  feeling  among  the  whites  there  in  regard  to  the  domestic 
relations  of  the  freedmen  ? 

Witness.  Do  you  mean  in  the  direction  of  bringing  about  any  reformation? 

Mr.  HOWARD.  Yes. 

Answer.  I  have  found  a  lamentable  absence  of  interest  in  the  moral  well-being  of  the 
negroes. 

Question.  Is  there  a  willingness  on  the  part  of  the  whites  to  concede  to  the  black  race  the 
rights  of  husband  and  wife,  and  parent  and  child,  as  regarded  and  guarded  by  law  / 

Answer.  Yes,  sir;  I  think  that  the  legislature  made  moves  to  that  end  ;  but  there  is  such 
a  total  indifference  to  the  matter  on  the  part  of  the  people  that  very  little  would  be  accom 
plished,  although  the  laws  were  correct  in  that  respect  Very  little  would  be  accomplished 
in  bringing  about  a  reform ;  and  a  reform  is  needed,  because  of  the  condition  to  which  the 
blacks  have  been  reduced  by  the  former  system  of  slavery.  That  is  something  which  I  con 
sider  to  be  important — to  be  taken  hold  of  by  some  exterior  agency ;  and  if  the  Freedmen's 
Bureau  continues,  that  would  become  a  legitimate  subject  for  it  to  take  up  and  regulate,  as 
1  have  recommended  iu  my  written  reports. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  37 

Question.  As  to  the  domestic  virtues  among-  the  black  people  in  South  Carolina,  what  can 
you  say  as  to  the  chastity  of  their  women  and  the  chastity  of  their  men  as  the  matter  at  pres 
ent  exists  ? 

Answer.  I  have  to  say  that  I  have  not  observed  so  great  a  lack  of  chastity  on  the  part  of 
the  women  as  I  had  been  previously  led  to  suppose  existed ;  and  I  have  been  somewhat  sur 
prised  at  this  fact  as  I  found  it.  But  I  found  numerous  evidences  (although  it  does  not 
come  within  the  scope  of  your  question)  that  their  chastity  had  been  disregarded  by  the 
whites  in  times  past.  I  could  name  a  great  many  instances  of  that  kind. 

Question.  Suppose  the  shield  of  legal  protection  should  be  thrown  around  their  domestic 
relations,  would  that  protection  be  respected  by  the  whites  in  South  Carolina  practically  ? 

Answer.  If  it  was  mere  law,  I  should  apprehend  that  it  would  be  entirely  inadequate  in 
the  present  state  of  public  sentiment.  In  fact,  I  may  say  generally  that  laws  may  be  made 
impartially  in  South  Carolina,  but  with  the  existing  public  sentiment  they  would  not  be  suf 
ficient  for  the  protection  of  the  negroes  in  their  rights. 

Question.  Suppose  a  white  man  should  dishonor  a  black  husband,  by  having  illicit  inter 
course  with  his  wife,  obtained  either  by  violence  or  seduction,  would  the  black  husband,  in 
a  South  Carolina  court,  have  much  prospect  of  obtaining  redress  ? 

Answer.  I  think  not. 

Question.  Would  a  white  jury  give  him  damages? 

Answer.  I  think  not,  sir. 

Question.  How  strong  is  your  conviction  on  that  subject  ? 

Answer.  I  feel  certain  that  he  would  not  get  adequate  redress.  They  might  award'  him 
something  as  a  cover,  for  the  appearance  of  the  thing  ;  but  the  great  difficulty  would  be  that 
in  the  existing  state  of  sentiment  the  negro  would  not  dare  to  bring  any  prosecution  what 
ever.  He  would  not  dream  of  such  a  thing. 

Question.  Why  not? 

Answer.  The  fear  of  personal  violence  to  himself,  and  because  he  would  think  it  would  be 
utterly  futile  to  attempt  to  seek  any  redress. 

Question.  Suppose  a  black  man  should  bring  a  suit  in  a  State  court  there  for  the  redress  of 
any  other  wrong  to  his  person  or  property,  would  he  be  likely  to  obtain  adequate  redress  ? 

Answer.  I  believe  not ;  I  cannot  say  how  it  would  be  under  a  new  law. 

Question.  A  black  man  there  is  not  allowed  to  testify  as  a  witness  in  the  State  courts,  I 
believe  ? 

Answer.  Except  under  the  new  regulations,  which  have  not  gone  into  force. 

Question.  The  new  regulations  only  include  cases  where  a  negro  is  a  party  to  the  suit — 
either  a  party  plaintiff  or  defendant  ? 

Answer.  Yes,  sir. 

Question.  But  he  is  not  allowed  to  testify  in  a  case  where  the  parties  are  both  white  ? 

Answer.  No,  sir. 

Question.  What  is  your  idea  as  to  the  ground  of  such  exclusion  of  blacks  as  witnesses  in 
cases  where  the  parties  are  whites  ? 

Answer.  They  assert  that  the  colored  man  would  favor  his  own  race,  and  that  he  cannot 
be  trusted  when  one  of  his  own  race  is  involved.  Why  he  should  not  be  employed  as  a 
witness  when  none  of  his  own  race  are  involved,  the  only  reason  any  one  would  attempt  to 
give  is  his  unreliability  as  a  witness  ;  but  they  would  be  unable  to  sustain  that  position, 
because  they  rely  upon  him  as  a  truthful  man  in  other  respects. 

Question.  Is  not  the  negro  of  South  Carolina  as  much  a  truth-teller  as  a  white  of  South 
Carolina,  both  being  in  the*ame  condition  as  to  education  and  position  ? 

Answer.  Yes,  sir,  I  think  so.  Where  I  find  an  intelligent  negro,  I  find  that  he  tells  me 
the  truth,  and  the  whole  truth,  the  same  as  an  intelligent  white  man. 

Question.  You  know  of  no  difference  between  the  two  races  in  that  respect  ? 

Answer.  No,  sir.  I  have  found  it  so  as  a  soldier  at  all  times  when  I  wanted  to  get  inform 
ation  of  roads  or  anything  that  was  of  importance. 

Question.  How  do  the  whites  there  feel  towards  the  negro  race  for  the  part  which  they 
took  in  the  war  ? 

Answer.  I  have  not  often  heard  any  antipathy  expressed  against  them  on  that  ground. 
The  whites  do  not  often  accord  to  them  importance  enough  to  acknowledge  any  antipathy  on 
that  ground. 

Question.  Do  they  not  regard  the  negro  as  the  great  occasion  of  the  war  ? 

Answer.  Yes,  sir;  but  the  innocent  and  unconscious  occasion  of  it. 

Question.  If  the  whites  there  had  the  power  would  they  not  again  reduce  the  black  race 
.to  complete  slavery? 

Answer.  Yes,  sir,  unquestionably. 

Question.  Would  they  be  likely  to  wait  a  long  time  before  accomplishing  that  object  I 

Answer.  I  think  not. 

Question.  Do  you  think  of  any  other  fact  that  is  of  interest  in  regard  to  South  Carolina  ? 

Answer.  The  matter  of  violent  treatment  to  negroes,  and  in  some  cases  to  soldiers,  has  not 
been  brought  out.  In  my  tour  of  inspection  in  the  western  and  interior  portion  of  South 
Carolina  I  found  a  great  many  complaints  of  ill  treatment  towards  the  negroes  that  had  to  be 
adjudicated  by  our  military  authorities  and  by  the  agencies  of  the  bureau,  which  were  ideii- 


38  RECONSTRUCTION. 

tical  in  South  Carolina.  We  had  military  agencies  in  every  county  throughout  the  State. 
I  found  in  some  sections  of  South  Carolina  the  utmost  bitterness  towards  the  United  States 
soldiers,  towards  the  flag,  towards  the  uniform,  manifested  in  their  faces  and  in  their  talk, 
and  in  violence  even  towards  our  soldiers.  Three  soldiers  were  killed  in  Anderson  county 
while  I  was  there.  I  helped  to  investigate  the  case — it  is  now  on  trial.  There  were  some 
respecftible  citizens  committed  for  trial  on  the  examination  at  which  I  was  present. 

Question.  So  far  as  you  have  been  informed,  did  these  soldiers  give  provocation  for  the 
violence  ? 

Answer.  No  provocation.  I  am  positive  that  they  had  given  no  provocation ;  it  was  not 
claimed  that  they  had  given  provocation. 

Question.  Were  they  under  your  orders  ? 

Answer.  No,  sir.  They  had  no  connexion  with  the  Freedmen's  Bureau,  which  is  more 
obnoxious  than  any  other  form  of  United  "States  agency.  But  they  had  no  connexion  with  it. 
In  some  sections  the  returned  rebel  officers  were  wearing  their  uniforms,  and  seemed  rather 
disposed  to  make  a  display  of  them  than  otherwise.  In  some  sections  they  had  been  required 
to  take  off  their  buttons  and  insignia  of  rank.  In  other  sections  they  were  not  required  and 
did  not  do  it.  Some  of  the  railroad  cars  that  wef*e  made  during  the  war  still  bear  the  rebel 
flags  as  decorations  painted  upon  them,  with  pictures  of  battles  in  which  confederate  soldiers 
dressed  in  gray  are  seen  pursuing  Yankee  soldiers.  These  things  were  somewhat  interest 
ing,  and,  I  must  confess,  a  little  annoying  to  me.  I  think  it  worth  while  perhaps  to  mention 
them  jas  exhibiting"  the  state  of  things  there.  Every  section  of  South  Carolina  is  not  equally 
embittered  in  this  respect.  Still  my  feelings  weje  very  much  worked  up  by  these  causes 
while  travelling  as  a  United  States  official,  although  generally  going  incognito  For  in 
stance,  in  the  cars  sometimes  little  children  would  be  set  to  sing  the  rebel  songs — songs  that 
would  be  very  obnoxious  to  United  States  soldiers — songs  containing  reproaches  upon  the 
flag  and  upon  everything  that  we  hold  sacred.  To  see  little  innocent  children,  now  that  the 
war  is  over,  taught  to  sing  these  songs  and  imbibe  these  sentiments,  seemed  to  me  one  of  the 
very  worst  features  of  the  country.  The  feeling  is  very  intense  among  the  female  portion  of 
the  community,  without  exception,  against  the  United  States  government  and  all  northern 
men. 

Question.  The  women  appeared  to  be  more  bitter  and  prescriptive  than  the  men  ? 

Answer.  Yes  ;  especially  more  so  than  the  men  who  expect  to  have  any  business  contact 
with  the  people  of  the  north. 

Question.  How  were  you  treated  by  educated  and  respectable  gentlemen  of  South  Carolina? 

Answer.  I  was  generally  well  treated  by  such  men,  for  instance,  as  Governor  Orr  and 
Governor  Perry,  on  whom  I  called  at  their  residences.  I  took  tea  with  Governor  Orr.  Such 
men  as  seemed  to  be  looking  forward  to  positions  in  connexion  with  the  national  government 
I  found  to  have  more  enlightened  views  of  their  duties  as  citizens,  and  they  were  better  dis 
posed  to  the  negro  than  other  men. 

Question.  How  is  the  social  intercourse  between  the  commercial  classes  in  South  Carolina 
and  northern  men — whether  northern  soldiers  or  citizens  ? 

Answer.  Those  who  are  in  actual  contact  in  commercial  relations  are  disposed  to  ignore 
the  question  as  much  as  possible  ;  yet  there  are  many  of"  them  resident  in  Charleston  who 
have  the  intensest  bitterness  still  against  the  United  States  government,  and  who  in  fact,  I 
believe,  never  did  regard  the  United  States  government  with  any  friendship.  They  con 
sider  it  hostile  to  the  interests  of  South  Carolina. 

Question.  There  has  been  a  race  of  men  there  for  the  last  fifty  years  who  so  regarded  it  ? 

Answer.  Those  men  are  not  all  dead  yet.  * 

Question.  What  did  you  hear  on  the  abstract  legal  question  of  secession  among  the  whites 
of  South  Carolina  who  are  capable  of  understanding  and  discussing  it? 

Answer.  They  have  not,  so  far  as  I  have  observed,  changed  their  opinion  as  to  the  legality 
of  secession,  but  they  consider  it  a  question  settled  forever. 

Question.  Settled  in  what  way  ? 

Answer.  Settled  by  the  power  of  the  United  States  government. 

Question.  By  the  arms  of  the  government  ? 

Answer.  Yes,  sir. 

Question.  Did  you  notice  any  disposition  to  revive  that  question  among  them  ? 

Answer.  No,  sir,  I  never  have.  I  have  had  the  question  exactly  stated  by  some  of  their 
most  educated  and  conservative  men,  best  disposed  towards  the  government,  somewhat  in 
this  way:  that  there  had  been  a  mistake  in  former  times  about  the  matter  of  State  sover 
eignty  with  South  Carolinians  ;  that  really  South  Carolina  was  not  altogether  absolutely  sov 
ereign  ;  that  they  were  mistaken  in  that ;  but  still  that  she  had  a  degree  of  sovereignty  ;  and 
that  there  was  a  mistake  north  and  south — the  north  saying  that  a  State  was  not  sovereign  at 
all,  and  the  south  saying  that  a  State  was  the  sovereign  power.  Now  they  hold  that  to  a  cer 
tain  extent  South  Carolina  is  sovereign,  but  not  absolutely  sovereign. 

Question.  Do  you  think  of  anything  else  that  you  wish  to  mention  in  regard  to  South  Car 
olina  ? 

Answer.  No,  sir. 

Question.  Now,  in  reference  to  Georgia  and  Florida? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  39 

Answer.  I  went  through  the  State  of  Florida  in  October,  and  spent  nearly  a  month  in  in 
specting  thoroughly  Georgia  and  Florida  last  December.  I  have  my  report  here. 

Question.  In  general  terms,  was  the  condition  of  those  two  States  much  the  same  as  that 
of  South  Carolina,  which  you  have  detailed  ? 

Answer.  Yes,  sir ;  very  much  the  same.  Certain  sections  of  Georgia  are  in  no  material 
respect  different  from  South  Carolina.  They  are  certainly  no  better  disposed  towards  the  ne 
groes,  towards  the  old  Union  men,  or  towards  the  late  immigrants  from  the  north.  But  there 
are  certain  portions  of  Georgia  where  there  always  has  b*en  an  element  of  Unionism  ;  and  in 
those  sections  I  found  a  somewhat  better  state  of  things.  And  much  the  same  may  be  said 
as  to  Florida.  Theje  are  some  Union  men  in  Florida  who  have  always  been  so,  but  the  pre 
vailing  sentiment — I  mean  by  that  the  sentiment  which  is  bound  to  control — is  similar  to  that 
in  South  Carolina. 

Question.  Have  you  a  copy  of  the  report  which  you  have  made  to  the  bureau? 

Answer.  Yes. 

Question.  Will  you  furnish  it  to  the  committee  ? 

Answer.  Yes,  sir.  It  gives,  in  the  first  place,  a  simple  statement  of  where  I  went  and 
what  I  met  with  and  saw.  There  are  a  few  observations  at  the  close.  It  was  made  to  the 
head  of  my  bureau. 

Question.  Are  you  at  liberty  to  furnish  this  copy  ? 

Answer.  Yes,  sir ;  I  obtained  liberty  to  do  so.  I  have  not  obtained  the  permission  of  the 
Secretary  of  War  to  furnish  it ;  but  Major  General  Howard  said  to  me  that  if  I  were  sum 
moned  by  any  of  the  committees  I  should  bring  my  report  and  submit  it  if  desired  to  do  so. 
I  have  not  the  permission  of  the  Secretary  of  War. 

Mr.  HOWARD.  Then  I  will  take  it,  and  be  accountable  to  the  Secretary  of  War. 

(The  report  is  annexed  to  this  examination. ) 

Question.  During  your  residence  in  and  journeys  through  those  States,  have  you  noticed 
any  facts,  or  heard  any  conversations,  among  leading  men  going  to  create  in  your  mind  the 
suspicion  even  that  there  are  combinations  now  going  on  at  the  south,  the  purpose  of  which 
is  to  renew  hostilities,  or  make  another  attempt  to  get  out  of  the  Union  ? 

Answer.  In  reply,  I  would  say  that  I  have  no  evidence  of  such  intention,  but  that  I  have 
seen  threats  in  public  print  in  some  of  the  more  obscure  southern  papers  which  looked  that 
way,  and  which  I  cannot  explain  precisely  on  any  other  ground.  But  your  question  calls  to 
my  mind  something  which  has  a  bearing,  to  some  extent,  upon  it.  I  have  had  conversations 
with  different  persons  in  Georgia  and  these  other  two  States,  which  led  me  to  believe,  even 
so  far  as  to  be  convinced,  that  if  we  had  a  war  with  Mexico  now  the  fighting  men  would 
generally  take  sides  with  Maximilian,  Some  of  them  express  that  unhesitatingly  to  me ;  and 
others,  more  cautious,  say  that  the  United  States  would  do  well  not  to  get  into  difficulty  with 
Maximilian.  I  think  that  their  hostility,  generally,  when  brought  to  expression,  and  some 
what  of  exasperation,  takes  that  form  rather  than  the  one  you  speak  of. 

Question.  You  mean  to  say  in  your  answer  that  you  have  no  ground  to  suppose  there  exists 
a  conspiracy  of  that  kind  in  the  south  at  this  time  ? 

Answer.  Yes,  sir. 

Question.  What  has  become  of  the  famous  order  known  as  the  Knights  of  the  Golden 
Circle  at  the  south  ? 

Answer.  I  believe  that  that  exists  still.  I  never  knew  much  about  the  purposes  or  inten 
tions  of  that  order  myself.  But  in  the  investigations  with  reference  to  the  murder  of  the 
Union  soldiers  alluded  to,  I  was  led  to  believe  that  one  of  the  witnesses  was  influenced  by 
connexion  with  that  order.  • 

Question.  What  is  the  general  feeling,  according  to  your  observation,  in  regard  to  the  pay 
ment  of  the  confederate  rebel  debt,  or  the  State  rebel  debt,  in  any  of  those  States  ? 

Answer.  I  think  there  is  a  pretty  universal  feeling  in  favor  of  paying  the  State  rebel  debt, 
but  for  pretty  obvious  reasons  they  would  not  be  willing  to  shoulder  any  further  the  con 
federate  debt. 

Question.  How  do  they  feel  in  regard  to  the  payment  of  the  federal  debt  for  carrying  on 
the  war  ? 

Answer.  Their  feeling  is  unquestionably  opposed  to  it ;  but  still  they  generally  expect  to 
be  compelled  to  aid  in  the  payment. 

Question.  Suppose  the  question  was  left  to  the  votes  of  the  constituents  in  South  Carolina, 
Georgia,  and  Florida.  Suppose  the  electors  at  the  polls  were  voting  on  the  question  of  pay 
ing  the  federal  debt,  would  they  vote  for  it  1 

Answer.  They  would  not ;  I  think  not. 

Question.  Would  they  then,  knowingly  and  willingly,  elect  representatives  to  Congress 
who  would  vote  to  pay  the  federal  debt,  supposing  that  question  should  be  made  an  issue  at 
the  polls  or  in  the  canvass  ? 

Answer.  If  that  question  were  the  main  issue  ? 

Question.  Suppose  it  to  be  the  sole  issue  ? 

Answer.  If  it  were  the  sole  issue,  I  have  no  doubt  that  the  man  who  advocated  the  pay 
ment  of  the  federal  debt  would  lose  his  election.  But  there  might  be  personal  considerations 
in  favor  of  candidates  wjiich  would  affect  that  question  very  much.  Your  question  has 
brought  to  my  mind  something  which  has  been  quite  frequently  expressed  to  nie  directly, 


40  RECONSTRUCTION. 

and  has  been  told  to  me  by  northern  men,  as  being  found  to  be  the  invariable  sentiment — 
that  the  government  of  the  United  States  should  take  measures  to  pay  for  the  slaves. 

Question.  Do  they  seem  to  entertain  that  expectation  ? 

Answer.  A  large  number  of  men  in  the  interior  seem  to  think  that  since  the  late  indication 
of  the  sentiments  of  the  government,  (as  being  conciliatory  and  disposed  to  grant  them 
favors,)  some  measure  would  be  taken  to  remunerate  them  for  the  loss  of  their  slaves.  I 
would  not  say  that  was  very  unanimous  or  universal,  but  I  found  that  there  were  quite  a 
number  thinking  that  way.  '  » 

Question.  What  is  the  foundation  of  that  expectation — any  party  combinations  ? 

Answer.  Not  that  I  know  of.  I  have  an  idea  that  the  expectation  would  never  have  arisen 
in  the  form  of  an  expectation  but  for  a  certain  policy  which  they  think  has"  been  put  in  oper 
ation  by  the  government.  They  regard  it  as  a  change  of  policy  since  the  first  establishment 


of  peace. 

Question.  Has  President  Johnson's  liberal  policy  in  granting  pardons  and  amnesties,  gen 
erally  increased  or  diminished  the  respect  of  the  people  for  the  govemment  of  the  United 


States  ? 

Answer.  I  think  it  has  decreased  the  general  public  respect,  although  it  has  produced  in 
individual  cases  a  certain  degree  of  interest  and  regard  for  the  government  which  did  not 
exist  before.  The  general  public  respect  has  unquestionably  been  diminished,  and  the  dis 
position  to  be  open  and  blatant  in  their  talk,  expressing  their  peculiar  southern  views,  as 
they  call  them,  has  been  very  much  increased  by  the  recent  policy  of  the  government,  I 
think. 

Question.  It  has  had  a  tendency  rather  to  increase  their  contemptuous  expression  toward 
the  government? 

Answer.  Yes,  sir;  I  should  like  to  have  it  put  down  in  those  words.  I  say  this  not  only 
as  the  result  of  my  personal  observations  and  conversations  with  these  people,  but  as  the 
testimony  of  such  United  States  officials  and  Union  men  as  I  conversed  with  in  those  parts. 
Let  me  add  here,  that  every  time  I  use  the  phrase  "  Union  men,"  it  brings  to  my  mind  the 
condition  they  are  placed  in  by  that  very  policy  that  I  speak  of.  Their  situation  is  actually 
painful.  They  complained  to  me  bitterly  that  such  men,  for  instance,  as  Howell  Cobb — 
who  has  been  their  oppressor  for  the  past  four  years,  not  only  a  leading  rebel,  but  a  positive 
individual  and  personal  oppressor  to  those  persons — should  come  back  now  and  lord  it  over 
them.  If  ever  I  heard  eloquence,  it  has  been  in  talk  like  that. 

Question.  Do  you  .know  Cobb  ? 

Answer.  No,  sir;  I  do  not.  These  people  say:  "Why  does  the  United  States  govern 
ment  take  such  a  course?"  They  must  certainly  stir  up  the  feelings  of  pity  and  sympathy 
in  any  loyal  man  who  has  been  fighting  for  this  government.  It  is  a  mistake  to  say  that 
there  are  no  Union  men  in  the  State  of  Georgia  or  Florida.  There  are  some  there,  but  very 
few,  and  they  seem  to  have  been  ignored  by  those  who  are  leaders  in  the  politics  and  public 
sentiment  of  their  own  State.  They  feel  and  see  that  they  have  been  ignored  by  the  officials 
of  the  United  States  government,  who  they  had  a  right  to  suppose  should  be  their  friends 
and  supporters. 

Question.  What,  in  a  rough  estimate,  is  the  proportion  o£  Union  men  in  South  Carolina  ? 

Answer.  I  have  been  speaking  now  of  Georgia  and  Florida.  Such  men  are  extremely 
rare  in  South  Carolina.  I  believe  there  are  many  counties  in  that  State  where  you  will  find 
none  at  all.  In  going  through  every  county  I  found  but  one  or  two  whom  I  considered  to 
be  of  that  description. 

Question.  They  were  not  quite  so  rare  in  Georgia  and  Florida? 

Answer.  No,  sir  ;  not  so  rare.  . 

Question.  State  anything  else  that  strikes  your  mind. 

Answer.  The  difficulty  that  the  freedmeu  have  to  overcome,  I  would  like  to  say,  is  not  al 
together  from  ill-feeling  on  the  part  of  the  whites  or  a  disposition  to  do  them  harm  ;  for  I 
have  found  a  number  of  persons,  in  various  parts  of  the  three  States,  who,  I  believe,  wore 
disposed  to  treat  the  negro  with  justice ;  but  the  white  people,  from  their  past  experience 
and  education,  are  unfitted  and  disqualified  from  treating  the  negro  as  a  free  man. 

Question.  They  do  not  seem  to  know  how  to  get  at  it? 

Answer.  Yes,  sir ;  they  do  not  know  how  to  do  it.  I  believe  they  are  wc^l-inteutioned. 
That  covers,  I  think,  nearly  every  class  of  persons. 

Question.  Considering  the  present  state.of  feeling  in  those  three  States,  do  you  believe  it 
safe  for  northern  immigrants  to  go  there  to  settle  ? 

Answer.  Not  unless  the  United  States  authorities  are  there  in  sufficient  power  to  give  them 
safety  and  protection. 

Question.  If  the  people  of  those  three  States  were  left  to  themselves,  would  it  then  be  safe 
for  northern  men  to  go  there  and  settle  ? 

Answer.  I  think,  unquestionably,  not;  and  I  am  supported  in  that  opinion  by  those  who 
have  taken  up  their  residence  there.  When  they  knew  that  I  was  coining  to  Washington 
they  took  particular  pains  to  express  that  opinion  to  me.  They  said  they  considered  it  abso 
lutely  necessary  for  their  protection  that  the  United  States  authorities  should  remain  there. 
The  people  who  have  in  good  faith  gone  to  Savannah  to  reside  there,  find  that  they  are  kept 
from  all  part  in  the  city  government,  and  that  those  who  govern  arc?  determined  that  north- 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  41 

era  settlers  shall  have  no  part  in  it.  The  Georgia  legislature  have  passed  a  law  that  no  im  • 
migrant  who  comes  into  the  State  shall  acquire  the  right  of  State  citizenship  for  two  years. 
The  northern  people  consider  that  as  almost  a  bar  to  immigration  there ;  and  it  was,  un 
doubtedly,  aimed  directly  at  that ;  so  that  northern  men  should  have  no  voice  in  the  govern 
ment,  and  could  not,  therefore,  interfere  in  the  regulation  of  matters  within  the  State ;  for 
instance,  in  the  matter  of  legislation  in  regard  to  black  men. 

The  following  is  the  witness's  report  to  the  head  of  the  Freedmen's  Bureau,  alluded  to 
and  produced  in  the  course  of  his  examination  : 


CHARLESTON,  SOUTH  CAROLINA, 

December  30,  1865. 

GENERAL  :  I  have  the  honor  to  submit  the  following  jeport  of  a  recent  tour  of  inspection 
in  Georgia  and  Florida : 

Leaving  Charleston,  S.  C.,  December  7,  instant,  I  called  at  Beaufort,  S.  C.,  on  my  way 
to  Savannah.  Among  other  matters  of  the  bureau  to  which  my  attention  was  called  "ST  | 
Beaufort  was  the  operation  of  the  new  order  from  the  assistant  commissioner  of  South 
Carolina,  establishing  a  public  cotton-weigher.  The  freedmen  had  been  defrauded  in  various 
ways^by  speculators  in  the  disposal  of  their  cotton  ;  sometimes  by  false  weights,  sometimes 
in  making  the  change,  &c.,  &c.  A  public  cotton- weigher  was  therefore  appointed  as  an 
agent  of  the  bureau,  and  the  freedmen  having  cotton  for  sale  were  required  to  have  it 
weighed  by  him,  all  expenses  to  be  paid  by  a  moderate  toll  defined  in  the  order.  This  regu 
lation,  I  found,  was  working  well  and  had  proved  a  great  protection  to  the  freedmen. 

There  had  been,  of  late,  considerable  suffering  for  want  of  food  for  colored  refugees  com 
ing  into  Beaufort  from  the  main  land,  in  transitu  to  their  old  homes  on  the  islands  or  else 
where.  An  order  from  the  district  commander  had  established  a  military  board  to  meet  once 
a  month  and  examine  all  applicants  for  rations,  make  a  list  of  the  indigent  who  were  unable 
to  work,  and  confine  the  issues  strictly  to  this  list.  The  result  of  this  is  that  the  local 
bureau  agent  is  prevented  from  getting  rations  for  the  destitute  refugees  above  alluded  to, 
and  great  suffering  has  followed,  and  in  some  cases  death  from  starvation.  I  instructed  the 
agents  to  obtain  requisitions  to  meet  these  cases,  properly  signed  and  approved,  in  accord 
ance  with  circular  No.  8,  from  bureau  headquarters,  and  if  the  rations  were  not  given,  (by 
reason  of  the  military  order  above  referred  to,)  to  report  the  fact  at  once  to  .the  assistant 
commissioner  of  the  State. 

On  the  9th  of  December,  proceeding  to  Savannah,  I  met  there  General  Tillson,  assistant 
commissioner  for  Georgia,  and  was  present  at  a  meeting  he  had  appointed  with  the  planters 
in  the  afternoon,  and  at  another  of  the  leading  colored  people  in  the  evening. 

The  great  difficulty  before  us  was  the  reluctance  on  the  part  of  the  freedmen  to  make  con 
tracts  for  the  coming  year.  General  Tillson  was  visiting  this  section  of  the  State  with  the 
purpose  of  making  every  effort  to  induce  the  freedmen  to  make  contracts  for  the  coming  year. 
At  the  meeting  of  the  planters  he  stated  distinctly  that  if  they  would  offer  liberal  wages  he 
would  bring  all  the  influence  of  the  bureau  to  bear  tto  this  end,  and  would  use  authority  to 
secure  the  fulfilment  of  such  contracts  when  made.  Many  of  the  planters  seemed  to  differ 
from  him  as  to  what  ought  to  be  considered  fair  or  liberal  wages.  They  talked  about  eight, 
ten,  and  twelve  (8,  10,  and  12)  dollars  per  month;  most  agreeing  that  ten  dollars  and  food 
was  good  wages  for  a  full  hand.  General  Tillson  was  positive  in  his  declaration  that  their 
offers  were  too  low,  and  that  he  would  not  approve  contracts  giving  less  than  from  twelve 
(12)  to  fifteen  (15)  dollars  per  month,  with  food,  for  males,  and  from  eight  to  ten  (8  to  10) 
dollars  for  females  ;  that  they  were  at  liberty,  of  course,  to  secure  such  contracts  as  they 
could,  but  that  if  they  desired  his  co-operation  they  must  offer  what  he  believed  to  be  fair 
wages.  Some  few  of  the  planters  agreed  to  his  terms. 

At  the  meeting  of  the  colored  people  plans  .were  proposed  for  defraying  the  expenses  of 
their  hospitals  and  their  principal  school,  to  render  them  entirely  self-supporting.  The  peo 
ple  readily  assented  to  a  plan  for  soliciting  regular  contributions  from  all  the  colored  popula 
tion  of  the  city,  made  practicable  by  the  census  recently  taken  by  the  agent  of  the  bureau, 
giving  the  place  of  residence,  occupation,  and  amount  of  property  of  all  colored  persons  in 
Savannah. 

One  of  the  strongest  motives  preventing  the  making  of  contracts  is  the  hope  of  possessing 
lauds  of  their  own.  Notwithstanding  the  many  orders  on  this  subject,  and  -the  continued 
efforts  of  agents  to  correct  the  false  impression,  many  freed  people  in  South  Carolina, 
Georgia,  and  Florida  still  hope  that  the  government  will  give  them  lands.  At  this  meeting 
some  other  reasons  for  the  hesitation  in  entering  into  contracts  for  another  year  were  given 
by  the  freedmen  themselves.  One  was  their  reluctance  to  work  under  overseers,  especially 
the  same  overseers  they  had  had  in  slavery.  It  was  explained  to  those  present  that  over 
seers,  or  leaders  of  gangs,  were  necessary  in  free  labor,  and  are  employed  in  all  parts  of  the 
world  where  a  number  of  hands  are  working  together.  But  I  would  respectfully  suggest 
that  the  recommendation  be  given  to  those  desirous  of  employing  freedmen,  to  procure,  if 


42  RECONSTRUCTION. 

possible,  overseers  from  the  north,  or,  at  least,  not  to  insist  upon  the  same  ones  they  had 
under  the  old  system.  The  freedmeu  distinctly  aver  that  they  have  been  beaten  and  ill 
treated  by  these  overseers,  and  now,  as  freemen,  refuse  positively  to  work  under  them. 

At  this  meeting  instances  were  reported  of  freedrnen  who  had  received,  under  General 
Sherman's  order,  a  patent  for  twenty  (20)  or  forty  (40)  acres  of  abandoned  lands  situated  on 
the  Savannah  river  within  thirty  (30)  miles  of  the  sea,  and  wiio  had  located  and  worked  the 
same.  Now  the  old  owners  are  returning,  and  the  freedmen  are  unwilling  to  give  up  the 
laud.  In  fact,  I  am  not  aware  that  any  order  has  been  issued  requiring  them  to  relinquish 
it.  A  branch  bank  of  the  National  Freedmen's  Trust  Company  having  been  set  in  operation 
at  Savannah  by  Mr.  Alvord,  the  bureau  inspector  of  finances,  the  matter  was  presented  by 
him  and  others  to  this  meeting,  and  the  importance  of  such  an  institution,  to  the  freedmen 
strongly  urged. 

The  next  day,  December  10,  I  took  steamer  for  Darien,  Georgia,  intending  to  reach  the 
Gulf  railroad  at  Doctortown,  its  present  terminus.  At  Darien^  was  a  company  of  the  103d 
United  States  colored  troops,  just  about  to  be  relieved  by  one  o'f  the  12th  Maine  volunteers. 
The  resident  freedmeu  complained  to  me  that  the  latter  regiment,  when  stationed  there  last 
summer,  ill-treated  the  colored  people,  robbing  their  houses  and  committing  many  acts  of 
violence  unrestrained.  They  expressed  great  fears  at  their  return.  I  reported  this  to  the 
commanding  officer  of  the  detachment,  who  promised  to  prevent  like  occurrences  in  the  future. 
On  the  other  hand,  some  of  the  white  residents  were  rejoicing  at  the  removal  of  the  colored 
troops,  for  which  they  had  petitioned  General  Branuou.  They  claimed  that  their  influence 
was  bad  upon  the  freedmen,  and  some  complained  that  they  were  generally  lawless.  But, 
from  particular  inquiry  of  resident  northern  citizens  and  others,  I  concluded  that  the  latter 
complaint  was  without  good  foundation.  I  saw  there  some  freedmen  who  had  recently  re 
turned  from  the  interior  of  the  State  to  their  old  homes,  whence  they  had  been  taken  by  their 
masters  during  the  war  to  work  leased  plantations,  situated  from  one  to  two  hundred  miles 
or  more  in  the  interior.  They  said  their  masters  had  recently  left  them  without  paying  them 
any  wages  or  giving  them  any  share  of  the  crop  of  last  season,  and  they  had  constructed 
flats  or  merely  rude  rafts,  and,  embarking  their  families,  had  floated  down  the  Altamaha 
river.  They  found  the  old  plantation  barren  of  any  present  means  of  subsistence,  and  now 
they  must  surfer.  They  hoped  to  make  contracts  with  their  former  owners,  or,  preferably, 
others  owning  plantations  in  that  vicinity,  but  meanwhile  their  means  of  living  were  ex 
ceedingly  precarious.  Some  procured  work  upon  the  docks  at  Darien,  but  only  a  small 
proportion  of  the  enfire  number  who  have  thus  migrated  to  the  coast. 

I  have  dwelt  upon  this  matter  because  I  found  that  these  cases  were  examples  of  a  general 
evil  existing  in  that  part  of  Georgia.  And  if  the  bureau  is  compelled  to  provide  rations  for 
a  considerable  number  of  these  people  during  the  winter,  it  should  be  understood  that  the 
cause  is  not  alone  the  improvidence  of  the  freedrnen,  nor  is  it  possible  to  remedy  the  evil,  in 
the  present  scarcity  of  agents,  by  enforcing  a  fair  division  of  the  crops,  for  me  people  are 
thrown  upon  our  hands  some  two  hundred  (200)  miles,  more  or  less,  from  the  places  where 
they  have  worked  during  the  past  season. 

I  was  informed  that  there  were  nine  hundred  (900)  colored  people  upon  Sapelo,  who 
intended  leaving  the  island  in  case  one  of  the  former  owners  (Mrs. )  returned  to  re 
sume  possession  of  her  plantation,  upon*  which  they  had  been  located  under  the  provisions 
of  General  Sherman's  order. 

There  was  need  of  a  bureau  agent  at  Darien.  The  officer  who  had  been  in  command 
stated  that  he  had  orders  from  General  Braunon  not  to  interfere  at  all  with  freedmeu' s  affairs, 
but  if  they  had  any  complaints,  to  direct  them  to  go  to  Savannah.  As  this  is  a  distance  of 
one  hundred  miles,  and  no  transportation  could  be  furnished  them,  few  of  the  freed  people 
could  expect  to  gain  redress  for  any  wrongs,  or  to  get  information  of  their  rights  and  duties. 

One  case  of  outrage,  too  flagrant  to  be  passed  without  notice,  was  authentically  reported 
to  me.  It  occurred  at  South  Newport,  fifteen  (15)  miles  from  Darieu.  A  colored  woman 
after  much  maltreatment,  made  her  escape.  She  says  that  her  master  insisted  that  she  and 
her  children  were  not  free,  that  he  cared  nothing  for  "Lincoln's  proclamation,"  and  when 
she  asked  to  be  allowed  to  go  away  and  take  her  children  she  was  confined  on  bread  and 
water?  and  finally  got  away  as  best  she  could,  leaving  her  children  behind,  but  promising  to 
get  help  and  come  for  them. 

It  is  proper  to  state  that  General  Tillson  visited  Darien  and  Brunswick  the  following 
week  and  appointed  resident  civilians  agents  of  the  bureau,  who,  he  believes,  will  carry  out 
orders  and  deal  fairly  by  all  parties. 

Ascending  the  Altamaha  river  I  reached  Doctortown  December  13.  Upon  the  boat  I  con 
versed  freely  with  several  planters  and  other  residents  of  the  country.  All  manifested  great 
opposition  to  the  colored  troops  ;  and  meeting  Captain  Richardson,  (J 2th  Maine  volunteers,) 
the  sub-assistant  commissioner  for  Altamaha  district,  at  Doctortowu,  I  found  that  he  was 
also  of  the  opinion  that  the  presence  of  the  colored  troops  in  the  country  had  a  tendency  to 
unsettle  labor,  and  in  some  other  respects  was  harmful  to  the  freed  people.  I  therefore 
wrote  a  letter  to  General  Tillsou  recommending  that,  if  practicable,  white  troops  be  substituted 
in  that  district. 

None  of  the  citizens  with  whom  I  conversed  were  in  favor  of  the  immediate  withdrawal  of 
all  United  States  troops.  They  said  they  were  needed  for  the  preservation  of  order  and  the 


ARKANSAS — GEORGIA—  MISSISSIPPI — ALABAMA.  43 

protection  of  the  whites.  Most  of  the  white  residents  of  this  section  took  ground  against 
schools  for  the  education  of  the  freed  people,  not  only  as  labor  lost,  but  some  held  that  it  was 
injurious  to  all  working  classes  to  be  taught  from  books.  Many  talked  hopelessly  about  the 
prospect  of  procuring  steady  labor  from  the  negroes  without  some  means  of  exterior  com 
pulsion.  All  set  the  wages  at  a  lower  rate  than  that  proposed  by  General  Tillson. 

Remaining  two  days  at  Doctortown,  a  good  opportunity  was  afforded  for  obtaining  in 
formation  of  the  condition  of  the  freed  people  in  that  region.  The  officer  in  command  of  the 
garrison  confirmed  my  previous  impression  as  to  the  large  numbers  nocking  from  the  interior 
to  the  coast.  Most  of  them  were  very  destitute  of  clothing,  and  often  on  their  arrival  they 
had  no  supply  of  food.  Many  of  the  planters  in  this -locality  had  been  unwilling  to  give 
their  hands  a  share  of  the  crops  or  any  other  recompense  for  the  labor  of  the  past  season, 
generally  claiming  that  they  have  not  worked  well  enougfc  to  deserve  any  wages.  Some 
cases  of  violence  and  other  ill  treatment  of  the  negroes  had  come  to  the  knowledge  of  this 
officer.  He  said  he  had  received  no  instructions  to  attend  to  freedmen's  affairs,  but  that  his 
military  duties  would  admit  of  it,  and  he  would  cheerfully  undertake  the  matter — in  fact, 
had  taken  upon  himself  to  correct  some  flagrant  abuses.  I  requested  him,  as  far  as  lay  m 
his  power,  to  remedy  all  such  evils  in  future,  to  encourage  the  freed  people  to  remain  at  their 
present  homes,  and  to  this  end  to  see  that  they  were  properly  recompensed  for  their  labor  of 
the  past  season,  and  that  fair  contracts,  correctly  drawn,  were  made  for  the  coming  year. 

On' my  way  from  Doctortown  to  Thomasville  by  railroad  (upwards  of  a  hundred  miles)  I 
conversed  with  the  officers  on  garrison  at  the  different  stations,  and  found  that  what  has  been 
said  of  Doctortown  was  substantially  true  of  all  the  rest.  I  therefore  gave  written  authority 
to  the  sub-assistant  commissioner  of  the  district  to  call  upon  the  military  officers  to  act  as 
agents  of  the  bureau  until  the  resident  civilians  should  be  appointed  for  each  county, 
in  accordance  with  General  Tillson's  plan,  approved  by  the  State  convention  and  the  pro 
visional  governor.  Some  of  the  officers  had  before  voluntarily  rendered  much  assistance  to 
the  sub-assistant  commissioner  where  cases  of  misconduct  in  which  freedrneu  were  involved 
had  come  to  their  knowledge.  It  is  now  made  their  duty  to  investigate  every  complaint  and 
reported  abuse  from  either  party. 

The  sub-assistant  commissioner  of  Altamaha  district,  who  was  travelling  in  company  with 
me  at  this  time,  was  engaged  in  investigating  a  case  where  certain  parties  were  charged 
with  kidnapping  colored  children  and  shipping  them  to  Cuba.  Other  cases  were  reported, 
but  there  was  no  conclusive  proof  that  any  children  from  that  section  had  actually  been  taken 
to  Cuba  for  this  purpose.  In  the  case  mentioned  two  children  had  mysteriously  disappeared; 
but  on  the  arrest  of  their  former  owner,  and  his  being  put  under  bonds  to  produce  the 
children,  he  was  able  to  find  them  in  Florida  and  brought  them  back,  but  could  not  satisfac 
torily  explain  their  sudden  transfer  to  that  State  without  their  own  or  their  parents'  consent. 
The  sub-assistant  commissioner  was  also  engaged  in  assuming  formal  possession  of  various 
"confederate  government "  buildings  at  the  different'stations  along  the  railroad. 

At  Quitman,  Valdosta,  and  Thomasville,  respectively,  there  were  buildings  of  this  descrip 
tion,  arid  there  being  two  at  each  place,  one  of  which  was  of  inferior  value,  and  the  freed 
people  being  desirous  of  having  schools,  authority  was  given  to  use  one  of  the  buildings  in 
each  place  in  repairing  the  other  for  school  purposes.  The  freed  men  readily  agreed  to  fur 
nish  the  requisite  labor.  But  afterwards,  finding  that  the  buildings  at  Thomasville  could  be 
profitably  rented,  and  as  it  would  consume  considerable  time  to  re-locate  and  make  the 
necessary  repairs  upon  the  one  for  a  school,  ascertaining  that  there  were  two  unoccupied 
brick  buildings,  built  for  an  academy,  in  the  outskirts  of  the  town,  I  proposed  to  negotiate 
for  the  use  ot  one  of  them  for  a  school  for  colored  children.  Visiting  them,  I  found  one  a 
good  deal  out  of  repair.  Some  of  the  leading  colored  people  promised  that  their  people 
would  fit  this  up  if  allowed  to  use  it  for  schools. 

One  small  school  was  already  in  operation,  taught  by  a  colored  resident,  but  it  had  been 
found  impossible  to  procure  a  suitable  building  for  it.  Meeting  some  of  the  principal  white 
citizens,  I  proposed  to  them  to  use  one  of  the  academic  buildings  mentioned,  at  least  until  a 
school-house  could  be  built,  for  colored  children.  They  were  unwilling  it  should  be  done, 
saying  that,  prejudice  though  it  might  be,  yet  their  citizens  would  never  consent,  and 
if  either  of  the  buildings  were  taken  for  that  purpose,  none  of  their  citizens  would  ever  send 
their  children  there  to  school  again.  I  urged  upon  them  that  only  one  would  be  used,  and 
that  the  poorest,  and  that  if  the  schools  for  whites  were  to  be  opened,  another  place  would  be 
procured  for  the  blacks,  meanwhile.  But  as  these  were  among  the  fairest  and  most  liberal 
of  the  citizens,  embracing  two  judges  of  the  district,  and  they  persisted  in  asserting  that  the 
mere  fact  of  trie  blacks  having  used  one  of  the  buildings  would  prevent,  forever  afterwards, 
the  maintenance  of  any  schools  there  for  whites,  and  stating  that  it  was  proposed  to  have  a 
seliQol  for  whites  opened  there  on  the  1st  of  January  proximo,  I  yielded  to  them,  partly  to 
prevent  the  ill  feeling  which  I  saw  would  arise,  and  partly  to  encourage  the  reopening  of 
the  schools  for  whites,  which  I  believed  no  less  important  in  that  section  than  those  for 
blacks. 

I  stated  to  them  that  I  would  not  have  yielded  to  such  a  groundless  prejudice  except  for 
the  latter  reason,  and  that  I  should  expect  a  flourishing  school  for  whites  to  open  there  at 


the  beginning  of  the  new  year. 
The  colored 


members  of  the  church  at  Thomasville  have  decided  to  separate  from  the 


44  RECONSTRUCTION. 

whites,,  and  have  raised  means  to  build  a  church  of  their  own.  Two-thirds  of  the  member 
ship  of  the  Baptist  church  are  blacks,  and  they  have  also  decided  to  separate,  and  have  of 
fered  to  purchase  the  church  edifice,  but  the  price  required  by  the  whites  they  think  is  more 
than  the  entire  value  of  the  church  ;  whereas,  they  claim  that  two-thirds  of  it  rightfully  be 
longs  to  them.  The  colored  members  readily  gave  their  consent  to  the  use  of  this  church  for 
a  school,  and  if  the  teachers,  expected  from  the  northern  benevolent  associations,  arrive  be 
fore  the  new  school  building  is  completed,  the  sub-assistant  commissioner  was  instructed  to 
use  this  church  temporarily  for  the  school. 

At  the  solicitation  of  the  white  citizens,  and  the  urgent  request  of  the  sub-assistant  com 
missioner,  I  arranged  to  return  to  Thomasville  and  address  the  colored  people  on  the  even 
ing  of  December  Id.  The  white  citizens  claimed  that  the  freed  people,  having  no  confidence 
in  them,  would  not  heed  their  ad^ce,  and  that  a  word  from  an  officer  of  the  bureau  had  more 
weight  with  them  than  from  any  other  source,  and  the  local  agent  desired  that  I  should  con 
firm  what  he  had  explained  to  them  of  the  importance  of  immediately  renewing  contracts  for 
another  year. 

Taking  a  private  carriage  to  Tallahassee,  (35  miles,)  I  had  an  opportunity  to  converse 
with  the  inhabitants  along  the  road.  In  this  way  I  ascertained  that  contracts  had  been  very 
generally  made  the  past  season  in  this  section,  under  the  supervision  of  the  bureau  officers ; 
the  most  of  them  fair,  giving  one-fourth  (£)  as  the  share  ot  the  crop  for  the  laborer ;  but 
some  had  been  made  for  too  small  a  share,  viz  :  from  one-sixth  (^)  to  one  tenth  ( jV)  Most 
of  the  freed  people  had  expressed  a  willingness  to  contract  for  another  year  on  lair  terms. 
Some  wished  to  change  employers ;  some  said  they  would  like  to  go  where  their  children 
could  go  to  school ;  all,  except  one,  met  on  the  route  going  to  and  leturning  from  Tallahassee, 
had  employment  now  and  seemed  to  have  no  notion  of  living  without  working. 

Near  Tallahassee  I  met  an  intelligent  freedman,  who,  in  answer  to  my  question,  disclosed 
the  fact  that  he  had  received  for  the  labor  of  the  past  year  fifteen  bushels  of  corn  and  one 
hundred  pounds  of  pork  and  a  small  measure  of  peas.  He  had,  as  in  former  times,  with  the 
help  of  his  family,  cultivated  a  small  garden  of  his  own,  but  the  products  of  this  had  been 
taken  from  him. 

Meeting  Colonel  Osborne,  the  assistant  commissioner  for  Florida,  at  Tallahassee,  I  spent 
two  days  chiefly  with  him,  having  interviews  also  with  Generals  Foster  and  Newton,  com 
manding  the  department  and  western  district  of  Florida,  respectively,  and  conversing  with 
several  citizens  of  Tallahassee  and  vicinity.  From  the  district  superintendent  of  education 
(for  the  bureau)  I  learned  that  a  number  of  schools  had  been  started  since  my  last  visit  to 
Florida  in  October.  There  is  a  great  demand  for  books  and  teachers.  There  are  two  teachers 
from  a  northern  association  at  Tallahassee.  Some  two  or  three  of  the  planters  in  that  district 
had  proposed  to  pay  half  the  salary  and  expenses  of  a  teacher  to  come  upon  their  plantations 
and  open  a  school  for  the  colored  children.  They  were  convinced  that  this  measure  would 
do  more  than  any  other  to  make  their  laborers  contented,  and  thus  secure  to  them  steady  and 
effective  labor. 

From  conversation  with  Lieutenant  Colonel  Apthorpe.  one  of  Colonel  Osborne's  inspectors, 
as  well  as  from  the  other  sources  of  information  I  have  mentioned,  I  became  convinced  that 
there  were  rather  more  exceptions  in  Florida  to  the  general  rule  prevalent  in  southern  Georgia, 
of  prejudice  and  unjust  dealing  against  the  freednien,  but  that  still,  with  the  majority  of  the 
people,  there  was  the  same  unwillingness  or  moral  incapacity  to  treat  them  with  fairness  and 
as  free  men.  I  was  informed  by  a  high  military  official,  that  since  the  hanging  of  a  citizen 
for  murder  at  Tallahassee,  convicted  by  a  military  court,  and  the  pending  trial  of  another  for 
shooting  a  negro,  he  had  received  letters  from  parties  declaring  that  they  would  not  "live  in 
a  country  where  a  man  must  be  hung  for  resenting  an  insult  with  arms,  and  where  a  man 
must  be  tried  for  his  life  for  shooting  a  nigger."  He  informed  me,  also,  that  certain  of  these 
parties  had  carried  out  their  threats  of  leaving  the  State,  and  had  gone  to  Texas  to  reside. 

From  the  same  official,  I  was  gratified  to  learn,  as  a  testimonial  to  the  good  discipline  of 
some  of  the  colored  troops,  and  as  an  offset  to  the  complaints  against  them  in  southern 
Georgia,  that  all  the  principal  citizens  of  JaspeV,  Florida,  petitioned  for  the  return  of  a  com 
pany  of  colored  troops  which  had  been  ordered  away  from  there. 

The  constant  quarrelling  between  discharged  Union  and  rebel  soldiers  resident  there,  ren 
dered  the  presence  of  troops  necessary. 

The  colored  troops  were  sent  back  to  continue  garrisoning  the  place. 

There  was  the  same  disposition  to  depreciate  wages  in  Florida  as  in  Georgia,  but  I  learned 
that  a  new  demand  for  labor  had  sprung  up  at  Ferimndina,  and  that  agents  had  been  sent  to 
Tallahassee  for  freednien  to  work  in  the  lumber  business,  offering  $1  and  $1  2o  (one  dollar 
and  one  dollar  and  twenty-five  cents)  per  day  and  board.  Thirteen  new  saw-mills  had  been 
put  in  operation  there  by  northern  men,  and  it  had  been  found  impossible  to  get  all  the  hands 
they  desired.  This  will  tend  to  raise  the  price  of  labor  throughout  the  State.  I  would  re 
spectfully  ask  attention  to  certain  provisions  of  a  recent  circular  (No.  9)  from  the  office  of  the 
assistant  commissioner  for  Florida : 

].  The  general  appointment  of  all  judges  of  probate,  without  regard  to  special  fitness,  as 
agents  of  the  bureau,  and  in  a  similar  manner,  in  some  districts,  clerks  of  courts  and  justices 
ot  the  peace  as  assistants.  It  is  to  be  feared  that  in  many  cases  these  officers,  from  their 
prejudices  and  other  personal  qualities,  are  entirely  disqualified  to  be  impartial  agents  of  the 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  45 

bureau.     They  would  not  have  the  confidence  of  the  freedmen,  and  the  latter  would  therefore 
hesitate  to  apply  to  them  for  redress. 

2.  These  officials  are  not  required  to  signify  their  acceptance  of  the  appointment.     Hence 
it  will  not  be  known  to  the  assistant  commissioner  whether  he  has  any  agent  in  any  given 
district  or  not.     Besides,  no  provision  is  made  for  informing  the  freedmeu  as  to  who  is  the 
agent  for  their  locality. 

3.  They  are  to  enter  upon  their  offices  immediately  upon  the  sight  of  the  order,  even  in  a 
newspaper.     Hence  they  are  not  required  to  take  any  oath  of  office,  or  to  familiarize  them 
selves  with  existing  orders  of  the  bureau. 

4.  They  are  not  required  to  make  any  reports,  or  in  any  manner  make  themselves  respon 
sible  to  the  assistant  commissioner  for  their  acts  or  measures  as  agents  of  the  bureau. 

It  is  proper  to  state  that,  as  a  corrective  of  some  of  these  -evils,  the  assistant  commissioner 
had  divided  the  State  into  five  or  more  districts,  and  had  appointed  a  competent  inspector  for 
each. 

As  recommended  in  person  to  the  assistant  commissioner,  I  would  further  urge  that  these 
inspectors  have  authority  to  reject  any  of  the  judges  of  probate  found  unfitted  for  the  duty, 
for  any  reason,  and  to  nominate  some  other  person  in  their  stead  ;  that  they  all  be  required 
formally  to  accept  the  agency,  take  an  oath  of  office,  and  to  make  reports. 

Returning  to  Thomasville,  I  addressed  a  large  audience  of  colored  people,  according  to  ap 
pointment.  Having  heard  it  stated  by  the  planters  that  some  of  the  freed  people  were  re 
luctant  to  make  contracts  because  of  a  belief  that  it  remanded  them  to  seven  years  of  slavery, 
I  put  the  question  to  vote  as  to  whether  any  present  believed  this  report.  They  unanimously 
declared  their  disbelief  of  it,  and  that  they  were  Avilling  and  expected  to  make  contracts.  A 
few  contracts  had  been  made  for  another  year.  Some  of  the  freedmen  informed  me  that  they 
had  desired  to  rent  land  but  had  been  told  by  citizens  that  no  black  man  would  be  allowed 
to  have  land  by  lease.  They  had,  therefore,  procured  the  offices  of  a  white  man  to  rent  a 
plantation  for  them,  and  contracted  with  him  to  have  all  the  crop  above  a  certain  amount. 

Some  cases  of  difficulty  from  the  irregularity  and  unnatural  condition  of  the  marriage  re 
lation  came  to  my  notice ;  and  this  is  a  fruitful  source  of  disquiet  and  immorality  among  the 
freed  people.  A  sweeping  regulation  like  that  passed  by  the  Georgia  legislature,  legalizing 
all  existing  marriages,  is  not  what  is  needed,  but  a  discriminating  law  which  shall  require 
all  parties  continuing  to  live  as  man  and  wife  to  be  legally  married,  but  shall  permit,  with 
proper  restrictions,  the  old  involuntary  contracts  of  this  kind  to  be  set  aside  when  mutually 
desired,  and  shall  give  some  suitable  regulation  by  which  one  husband  and  one  wife  may  be 
fixed  upon  where  several  are  living  as  the  result  of  the  slave  system. 

From  Thomasville  I  proceeded  by  private  conveyance  to  Albany,  Georgia,  fifty-five  miles. 
This  mode  of  travelling  gave  me  the  opportunity  of  visiting  different  plantations.  I  found 
generally  in  this  section  that  the  contracts  for  the  last  year  had  been  at  the  rate  of  from  one-* 
sixth  to  one-tenth  of  the  crop,  and  the  latter  for  the  greater  number.  Where  no  written  con 
tract,  properly  signed  and  approved,  has  been  made,  I  gave  directions  to  the  sub-assistant 
commissioner  that  an  officer  or  agent  of  the  bureau  visit  these  plantations  and  make  an  equita 
ble  division  of  the  crops.  The  division  had  not  been  made  at  the  plantations  visited  by  me 
except  in  one  case  not  far  from  Albany. 

From  the  small  number  of  officers  allowed  to  the  bureau  the  districts  in  Georgia  have  been 
far  too  large  to  be  properly  cared  for. 

There  seemed  to  be  a  general  disposition  in  this  section  (southwestern  Georgia)  to  set 
wages  too  low,  and  to  keep  the  freed  people  as  nearly  as  possible  in  their  former  state  of 
servitude. 

The  sub- assistant  commissioner  at  Albany  (Major  Hastings,  12th  Maine  volunteers) 
seemed  to  be  an  efficient  officer,  but  had  been  there  only  a  few  weeks.  He  proposed  to  start 
a  school  of  150  scholars  if  books  and  teachers  could  be  furnished.  There  had  been  a  small 
private  school  there  for  colored  children  taught  by  a  young  lady  from  New  York.  Here, 
also,  I  heard  of  another  instance  of  a  planter  in  a  neighboring  county  who  desired  a  school 
for  colored  people  upon  his  plantation. 

There  was  great  call  for  agents  to  superintend  the  division  of  crops  in  this  section.  The 
freedmen  were  not  satisfied  unless  some  United  States  officer  or  bureau  agent  were  present. 

After  one  night  at  Albany  I  proceeded  to  Andersonville,  where  I  found  a  small  garrison  - 
some  twenty  men  and  one  officer.  This  officer  had  given  some  attention  to  freedmen's  affairs 
by  virtue  of  a  general  order  from  headquarters  of  the  department.  But  being  the  only  officer 
there,  and  having  no  horse,  he  was  limited  to  plantations  and  places  comparatively  near. 
The  same  old  complaints  of  being  turned  off  with  no  payment  for  last  season's  work  were 
common.  I  learned  of  some  cases  in  that  locality  of  renewal  of  contract  for  another  year. 

Mr.  II.  A.  Welton,  a  Union  citizen  Of  Georgia,  who  had  been  imprisoned  for  his  loyalty 
to  the  United  States  government  seven  (?)  months  during  the  rebellion,  and  who  is  now' 
employed  by  the  quartermaster's  department  as  superintendent  of  the  Audersonville  burial- 
ground,  had  started  a  school  for  the  colored  people  at  Andersonville.  A  "confederate" 
building  was  used  for  a  school-house,  and  a  sergeant  of  the  147th  Ohio  taught  adults  in  the 
evening. 

At  Macon  were  prosperous  schools  and  a  good  hospital.  The  bureau  officer  now  there 
(Lieutenant  Colonel  Lambert)  had  been  on  duty  only  two  weeks.  There  was  the  usual 


46  RECONSTRUCTION. 

complaints  of  reluctance  of  the  freedmen  to  make  contracts.  On  investigation  I  found  that 
the  prevailing  offers  of  wages  were  too  low,  and  that  in  this  region  the  .share  given  the 
laborer  last  season  was  generally  one-tenth  (-^j.)  Hearing  of  disturbances  and  much  ill- 
treatment  of  negroes  in  Twiggs  county,  I  recommended  that  a  garrison  be  sent  there. 

At  Atlanta  there  was  more  of  an  accumulation  of  destitute  freed  people  than  I  had  seen 
elsewhere.  The  armies  had  more  completely  devastated  all  the  country  around.  Many 
whites,  at  least  three  hundred  (300)  families,  as  estimated  by  the  sub-assistant  commissioner, 
will  suffer  greatly  this  winter  unless  relieved  by  government  agency.  The  bureau  officer 
had  assisted  some  of  these  destitute  refugees  by  transportation  and  rations.  He  was 
endeavoring  to  find  places  for  all  the  able-bodied  colored  people,  and  had  already  considerably 
diminished  the  number.  By  the  help  of  the  assistant  commissioner  of  the  State,  he  will  be 
able  to  apprentice  most  of  the  homeless  children.  Many  cases  of  violence  to  negroes  in  that 
section  are  reported  to  him,  but  his  district  is  so  large  that  he  cannot,  he  says,  rectify  these 
evils  except  in  comparatively  few  cases.  "Several  good  schools  and  a  hospital  are  in  successful 
operation  at  Atlanta ;  the  former,  as  at  Macon,  being  chiefly  sustained  by  the  benevolent 
associations  of  the  north. 

At  Augusta,  meeting  again  the  assistant  commissioner  of  the  State,  General  Tillson,  at  his 
headquarters,  I  made  a  report  of  my  tour  in  Georgia,  and  secured  the  adoption  of  some 
measures  of  immediate  and  practical  importance  to  different  localities  visited.  General 
Tillson  had  just  returned  from  Waynesboro',  where  he  had  addressed  a  large  meeting  of 
freedmen  (some  few  planters  also  being  present)  to  encourage  the  making  of  contracts. 

The  schools  at  Augusta  are  flourishing  under  the  immediate  supervision  of  the  bureau 
State  superintendent  of  education.  I  obtained  information  while  there  from  officers  and 
agents  of  the  bureau,  as  well  as  from  the  military  authorities  and  the  newspapers,  that  the 
militia  organizations  in  the  opposite  county  of  South  Carolina  (Edgefield)  were  engaged  in 
disarming  the  negroes.  This  created  great  discontent  among  the  latter,  and  in  some 
instances  they  had  offered  resistance.  In  previous  inspecting  tours  in  South  Carolina  much 
complaint  reached  me  of  the  misconduct  of  these  militia  companies  towards  the  blacks. 
Some  of  the  latter  of  the  most  intelligent  and  well-disposed  came  to  me  and  said:  _"  What 
shall  we  do  ?  These  militia  companies  are  heaping  upon  our  people  every  sort  of  injury  and 
insult,  unchecked.  Our  people  are  peaceably  inclined  and  we  are  endeavoring  to  inculcate 
good  feeling  ;  but  we  cannot  bear  this  treatment  much  longer."  Many  are  beginning  to  say : 
44  We  have  oeen  patient  long  enough.  We  are  free  men  now,  and  we  have  submitted  to 
such  usage  as  long  as  we  can."  And  again  they  ask:  "What  shall  we  do?"  I  assured 
them  that  this  conduct  was  not  sanctioned  by  the  United  States  military  authorities,  and 
that  it  would  not  be  allowed. 

They  then  asked  what  they  should  do  when  the  United  States  troops  were  withdrawn,  say 
ing  they  had  nothing  but  evil  to  apprehend  from  these  militia  organizations. 

Now,  at  Augusta,  about  two  months  later,  I  have  authentic  information  that  these  abuses 
continue.  In  southwestern  Georgia,  I  learned  that  the  militia  had  done  the  same,  sometimes 
pretending  to  act  under  orders  from  United  States  authorities.  I  reported  these  facts  to 
General  Branon,  commanding  the  department  of  Georgia,  and  to  General  Sickles,  com 
manding  the  department  of  South  Carolina. 

I  am  convinced  that  these  militia  organizations  only  endanger  the  peace  of  the  communi 
ties  where  they  exist,  and  are  a  source  of  constant  annoyance  and  injury  to  the  freed  people  ; 
that  herein  is  one  of  the  greatest  evils  existing  in  the  southern  States  for  the  freedmen.  They 
give  the  color  of  law  to  their  violent,  unjust,  and  sometimes  inhuman  proceedings.  I  would 
earnestly  recommend  that  these  organizations  be  abolished  and  prohibited  in  these  States  for 
at  least  several  years  to  come,  and  that  some  suitable  substitute  be  instituted  as  a  general 
police  force  to  preserve  order  and  maintain  the  laws  until  it  again  becomes  safe  to  allow  the 
organization  of  militia. 

Orders  had  just  been  issued  for  the  muster-out  of  the  greater  part  of  the  troops  remaining  in 
Georgia.  General  Tillson,  the  assistant  commissioner,  was  apprehensive  that  the  efficiency  of 
the  Bureau  would  be  much  impaired  by  the  loss  of  these  troops.  Not  only  would  the  means  of 
executing  orders  and  punishing  crime  be  taken  away,  but  his  sub-assistant  commissioners, 
already  far  too  few  in  number,  would  be  mustered  out  with  their  regiments.  He  would  thus 
be  deprived  of  all  except  one  or  two  of  his  most  efficient  agents. 

Another  evil,  of  less  extent,  and,  it  is  hoped,  of  shun  duration,  would  arise  from  the 
muster-out  of  the  colored  troops  raised  in  that  or  neighboring  States.  The  men  would  thus, 
for  the  present,  at  least,  be  thrown  out  of  employ  and  regular  wages ;  just  let  loose  from 
military  restraint,  they  would  be  an  exciting  element,  not  prepared  to  settle  down  to  steady 
labor,  at  once,  themselves  and  their  influence  tending  to  disturb  others.  Besides,  while 
receiving  pay  as  soldiers,  they  could  make  their  families  comparatively  comfortable  ;  whereas 
•  now  this  means  of  support  is  suddenly  cut  off,  and  it  must  necessarily  be  some  time  before 
they  can  make  satisfactory  provision  for  their  families. 

From  Augusta  I  returned  via  Savannah  to  Charleston,  South  Carolina,  having  been  absent 
twenty-three  days. 

As  the  result  of  this  tour,  I  beg  leave  to  submit  the  following  general  observations : 

I.  Agencies  of  the  United  States  government,  of  some  sort,  similar  to  the  existing  bureau 
agencies,  are,  for  the  present,  indispensable  in  every  part  of  the  two  States  visited. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  47 

1.  Great  suffering  and  starvation  would  ensue  among  the  refugees  and  freedrnen  in  some 
sections  were  all  government  aid  withdrawn.  • 

2.  Public  sentiment  is  such  that  even  should  the  laws  be  made  impartial,  the  negro  could 
not  obtain  redress  for  wrongs  done  him  in  person  or  property. 

3.  There  seems  to  be  a  moral  incapacity  with  the  majority  of  white  residents  to  treat  him 
fairly  in  the  ordinary  transactions  of  business,  as,  e.  g.,  in  making  contracts.     His  own  in 


bsolutely  to  p 

though  the  expenses  be  paid  by  the  benevolent  associations  of  the  north,  and  the  many  suc 
cessful  schools  now  in  operation  would  be  broken  up  in  most  places  on  the  withdrawal  of  the 
government  agencies.  The  same  general  observation  will  apply  to  all  missionary  work  by 
northern  agents ;  and  from  special  inquiry  and  investigation  on  this  subject,  I  am  convinced 
that  very  little  in  the  way  of  moral  and  religious  instruction  for  the  freed  people  is  to  be  ex 
pected  at  present  from  the  members  and  ministers  of  the  southern  churches.  On  the  other 
hand,  it  is  for  the  interest  of  the  whites  for  these  agencies  to  remain,  and  the  better  class  of 
the  thinking  men  expressed  themselves  unhesitatingly  in  favor  of  it  : 

1.  The  prevailing  want  of  confidence  on  the  part  of  the  freedmen  in  those  who  had  been 
slaveholders  makes  it  necessary  to  have  a  third  party  (and  a  United  States  official  is  better 
than  any  other)  to  induce  the  freedmen  to  enter  into  contracts.     Many  of  the  white  residents 
told  me  that  no  contracts  would  have  been  effected  but  for  the  bureau  officers. 

2.  Such  agents  are  needed  often  to  secure  the  fulfilment  of  contracts  on  the  part  of  the 
freedmeu,  both  in  explaining  the  exact  meaning  and  force  of  the  contract  and  enforcing  it  by 
different  motives  and  means. 

3.  For  the  protection  of  the  whites  against  any  hostile  combinations  of  the  blacks.     This 
will  be  needed  as  long  as  the  present  public  sentiment  of  the  whites  continues,  insuring  a 
corresponding  distrust  and  hostility  -on  the  part  of  the  blacks.     Our  agents  have  already 
done  much  to  allay  such  ill  feeling ;  and  however  unreasoning  and  ignorant  the  freedmen 
may  be  in  any  community,  and  however  much  their  numbers  may  preponderate  over  the  resi 
dent  whites,  they  will  generally  heed  and  be  governed  by  the  advice  of  United  States  officials. 

II.  In  order  adequately  to  protect  the  persons  and  property  of  the  freedmen,  and  promote 
their  education,  as  well  as  for  the  proper  regulation  of  labor  for  the  benefit  of  all  concerned, 
the  present  number  of  agents  should  be  increased. 

III.  United  States  troops  are,  at  present,  absolutely  necessary  as  auxiliary  to  the  agents. 

1.  There  is  no  other  means  of  executing  orders  and  insuring  justice  to  the  freedmen. 

2.  In  many  sections  United  States  agents  would  not  be  tolerated  unless  backed  by  military 
force.     I  was  assured  by  respectable  and  influential  residents  of  the  country  that  no  northern 
man  could  reside  there  were  it  not  for  the  presence  of  the  bayonet,  and  that,  in  their  opinion, 
such  would  be  the  case  for  ten  years  to  come.     I  am  not  convinced  of  the  truth  of  this  state 
ment,  yet  with  my  own  observation  I  am  led  to  conclude — 

3.  That  the  troops  should  remain  for  the  protection  of  northern  residents  and  to  encourage 
immigration. 

4.  As  desired  by  the  better  part  of  the  whites,  to  maintain  good  order  and  peace. 

5.  Wherever  United  States  troops  are  withdrawn  a  militia  organization  at  once  springs  into 
life,  which  invariably  tends  to  disturbances  between  Avhites  arid  blacks,  and  to  the  latter  is, 
I  am  convinced,  an  unmixed  evil. 

IV.  As  the  result  of  this  and  other  tours  of  inspection,  as  well  as  from  my  experience  and 
observation  while  on  duty  in  the  States  of  South  Carolina,  Georgia,  and  Florida  for  the  past 
nine  (9)  month,  I  beg  leave  to  submit  further,  that,  in  view  of  the  acknowledged  necessity  of 
United  States  troops,  and  the  fact  that  many  now  there  are  soon  to  be  mustered  out,  and  all 
of  the  volunteer  white  troops  are  desirous  of  going  home,  and  must  sooner  or  later  be  dis 
charged,  a  provisional  force  might  be  raised  in  the  southern  States,  officered  by  the  War  De 
partment,  (preferably  from  meritorious  officers  lately  discharged  from  the  United  States  vol 
unteers,  and  selected  with  a  view  to  peculiar  fitness  for  this  service, )  which  would  meet  the 
want,  and  for  other  special  reasons,  (besides  the  general  reasons  given  for  the  retention  of 
troops  in  these  States,)  would  be  highly  beneficial  to  the  country.     For  example — 

1.  Such  force,  recruited  in  the  south,  would  easily  be  substituted  for  the  militia,  which  for 
every  consideration  of  safety  to  the  peace  of  the  country  and  justice  to  the  freedmen  ought  to 
be  abolished  for  some  years  to  come.    Officered  by  the  War  Department,  it  would  be  subject 
to  discipline  and  a  control,  giving  to  it  the  character  of  United  States  troops,  and  in  no  re 
spects  resembling  the  present  militia. 

2.  Its  officers  could  be  used  as  agents  in  the  affairs  and  interests  of  refugees  and  freedmen, 
without  the  inconvenience  and  injury  to  the  service  of  having  frequent  changes  and  losses 
incident  to  the  inevitable  muster-out  of  the  present  volunteer  force. 

3.  Most  of  the  officers  and  men  of  the  present  volunteer  white  troops  are  discontented,  and 
thus  more  or  less  disqualified  for  their  duties,  believing,  as  they  do,  that  they  should  be  al 
lowed  to  go  home  now  that  the  rebellion  has  been  crushed. 

4.  This  would  be  the  means  of  enlisting  on  the  side  of  the  government  a  dangerous  and 
otherwise  troublesome  class  throughout  the  south,  and  finally  secure  among  them  and  their 
families  a  permanent  loyal  sentiment. 


48  RECONSTRUCTION. 

5.  Many  who  would  thus  be  arrayed  on  the  side  of  law  and  order  are  at  present  without 
lucrative  means  of  support.  *  They  have  been  absent  three  or  four  years  in  the  rebel  army,  or, 
as  in  Florida,  some  in  the  Union  army,  and  by  the  habits  acquired,  in  addition  often  to  the 
fact  that  they  never  were  accustomed  to  steady  industry  in  early  life,  are  unfitted  and  indis 
posed  to  enter  into  any  suitable  business,  even  if  other  circumstances  favored  it. 

6.  The  greater  part  of  the  class  referred  to  are  unable  to  read  and  write.     Gathered  into 
companies  and  regiment  sunder  suitable  officers,  they  could  easily  be  taught  in  the  rudiments 
of  education,  as  has  been  done  in  the  case  of  many  of  the  colored  regiments.     Two  or  thne 
regiments  of  this  description  might  easily  be  raised  in  each  State  with  comparatively  little 
expense,  and  for  such  term  of  service  (say  three  years)  as  it  may  be  thought  probable  that  a 
military  force  will  be  needed  in  the  States  lately  in  rebellion.     This  plan  of  a  provisional  force 
in  the  south  was  urgently  recommended  to  me  by  some  of  the  present  prominent  military 
commanders  in  the  States  mentioned. 

If  this  measure  cannot  be  adopted  for  want  of  a  basis  of  law,  similar  results  might  be  at 
tained  by  the  recruitment  of  some  two  or  three  regiments  for  the  regular  army  in  these  States, 
if  the  army  is  to  be  increased.  But  this  recruiting  should  begin  at  once  and  no  time  be  lost, 
as  is  obvious  from  what  has  been  said  of  the  disabilities  connected  with  the  retention  of  the 
present  volunteer  force. 

Respectfully  submitted : 

C.  H.  HOWARD, 

Brevet  Brig.  Gen.,  Inspector  for  South  Carolina,  Georgia,  and  Florida. 
Major  General  O.  O.  HOWARD, 

Commissioner  Bureau  of  Refugees,  Sfc. 


WASHINGTON,  February  1,  1866. 
G.  H.  Kyle  sworn  and  examined. 

By  Mr.  BOUTWELL  : 

Question.  Where  is  your  residence  ? 

Answer.  In  Dallas  county,  in  the  State  of  Arkansas,  about  seven  miles  from  Arkadelphia, 
the  county  seat  of  Clarke  county  :  I  live  on  the  east  side  of  Wachitaw  river. 

Question.  How  long  have  you  resided  in  Arkansas,  and  where  did  you  previously  reside  ? 

Answer.  I  have  lived  in  the  State  of  Arkansas  seven  years  last  December ;  I  was  born 
and  raised  in  East  Tennessee,  in  Hawkins  county,  and  lived  there  until  I  was  twenty-four 
years  old  ;  I  then  moved  to  the  western  part  of  the  State,  and  lived  in  the  neighborhood  of 
Jackson  and  Madison  counties  some  twenty-five  years  before  I  went  to  Arkansas. 

Question.  What  has  been  your  position  and  experience  during  the  rebellion  ? 

Answer.  I  was  educated  in  a  school  of  politics  that  impressed  upon  my  mind  indelibly 
that  I  owed  a  paramount  allegiance  to  the  government  of  the  United  States,  in  all  things 
guaranteed  to  that  government  by  the  Constitution  of  the  United  States.  In  respect  to  this 
question  of  State  sovereignty,  State  nationality,  as  some  of  our  politicians  were  foolish 
enough  to  call  it,  I  never  believed  in  it,  only  to  the  extent  that  all  powers  not  delegated  to 
the  general  government  were  reserved  to  the  people  and  the  States. 

I  opposed  secession  always.  I  was  a  young  man,  just  taking  notice  of  public  men  and 
measures  in  183*2  and  1833,  when  that  great  conflict  came  up  here  between  Mr.  Webster  and  Mr. 
Hayne.  I  had  those  debates,  and  I  have  read  them,  with  General  Jackson's  proclamation 
to  South  Carolina  ;  and  upon  the  question  of  nullification  and  secession,  I  was  always  op 
posed  to  that  doctrine  ;  I  was  a  whig  in  politics;  Mr.  Clay  and  Mr.  Webster  were  always 
my  beau-ideals  of  politicians. 

I  have  served  in  the  Tennessee  legislature,  in  the  State  senate,  in  1847  and  1849,  two 
sessions,  from  the  western  district  of  Tennessee.  That  is  enough  in  regard  to  my  antece 
dents,  I  suppose.  In  1858  I  immigrated  to  where  I  now  live,  in  Dallas  county,  Arkansas. 
I  had  been  there  something  over  two  years  when  these  troubles  broke  out.  I  was  made — uu- 
williugly,  for  I  was  a  stranger  in  the  country — the  Union  candidate  in  Dallas  county.  The 
secessionists  had  a  meeting  in  our  county  seat  m  February,  1861 ;  it  was  cold  weather  and 
I  was  nut  very  well,  and  1  did  not  attend  it ;  li  ntended  to  have  attended  it  and  resist  them 
there.  They  nominated  a  lawyer  there  for  their  candidate,  and  the  friends  of  the  Union  ap 
plied  to  me  to  meet  him.  I  insisted  upon  their  getting  somebody  else  who  was  better  ac 
quainted  with  the  country  than  I  was  at  that  time.  But  at  last  I  consented,  and  met  him  in 
six  townships  out  of  the  eight  townships  in  the  county,  and  I  made  the  Union  ticket  beat 
the  other  in  every  township  except  one  and  the  county  township,  where  there  were  many 
lawyers  and  young  men  who  ran  wild  on  that  subject — on  secession.  The  secession  ticket 
was  carried  by  a  very  small  vote ;  the  county  township  decided  the  vote. 

After  the  State  seceded  1  just  said  to  my  people  there  that  I  believed  the  whole  thing  wrong, 
and  that  1  had  done  all  I  could  against  it.     But  I  was  identified  with  the  State  of  Arkansa 
and  whatever  her  destiny  was,  ot  course  it  would  have  to  be  mine,  and  that  I  should  have  to 
submit  to  the  de  facto  government  erected  over  me.     I  did  so,  paid  my  taxes,  never  sought 


ARKANSAS GEORGIA MISSISSIPPI ALABAMA.  49 

any  office  from  the  confederate  government,  and  remained  at  home  until  the  spring  of  1663,  I 
believe,  when  General  Steele  made  his  expedition  from  Little  Rock  to  Camden. 

I  .was  the  subject  of  rebel  persecution  all  the  time  I  remained  at  home.  They  were  stealing 
my  horses  and  mules.  In  resisting  secession,  I  had  necessarily  to  arraign  certain  men,  such 
as  Rhett,  of  South  Carolina,  Yaucey,  of  Alabama,  Toombs  and  Iverson,  of  Georgia,  and  all 
that  kidney  of  politicians,  at  the  bar  of  public  opinion.  And  by  doing  so  I  incurred  the  dis 
pleasure  of  some  men  living  eight  of  ten  miles  from  me.  My  neighbors  were  all  with  me  in 
sentiment.  But  two  votes  were  given  in  my  neighborhood  for  secession  out  of  about  sixty 
votes.  The  men  whose  displeasure  I  incurred  said  that  1  made  very  good  northern  speeches. 

When  General  Steele  made  this  expedition  and  came  to  Arkadelphia,  about  eight  miles 
from  my  residence,  the  rebel  General  Shelby  was  encamped  about  twelve  miles  below  Arka 
delphia,  on  the  Washita,  and  his  scouts  were  hanging  along  on  the  rear  of  Steele's  army. 
There  came  a  scout  to  my  house  th."  day  after  Steele  got  to  Arkadelphia,  and  reported  them- 
se'ves  to  me  as  federal  soldiers.  I  doubted  it,  and  told  them  I  did  not  believe  they  were  federal 
soldiers,  and  said  if  they  were  they  were  the  first  I  had  seen.  They  were  dressed  in  blue  coats, 
but  buttoned  all  up,  so  that  you  could  not  see  the  gray  that  was  usually  worn  by  southern  sol 
diers.  I  was  on  my  guard.  1  knew  I  had  some  enemies,  and  supposed  some  of  the  rebel  soldiers 
would  be  sent  upon  me,  and  I  was  looking  for  them  constantly.  They  said  they  were  federal 
soldiers  and  belonged  to  General  Steele's  army,  then  in  camp  at  Arkadelphia,  and  that  they 
belonged  to  General  Carr's  division — to  the  first  Missouri  cavalry. 

Said  one  of  them  to  me,  "Are  there  any  Union  men  in  this  neighborhood  ?"  I  said,  "There 
have  been  Union  men  here,  and  if  things  could  b?  put  as  they  were  before  the  war  there  wrould 
be  a  great  many  more  than  there  ever  was  here.  But  you  say  you  are  federal  soldiers.  Why 
are  you  inquiring  for  Union  men?"  I  was  afraid  they  were  rebel  soldiers.  I  said,  "I  un 
derstand  you  do  not  treat  them  any  better  than  you  do  southern  men.  You  take  their  stock 
and  everything  that  suits  you."  '"  O.  yes,"  says  one  of  them,  "we  do  that.  We  are  greatly 
in  need  of  stock.  We  have  a  very  heavy  pontoon  train,  and  we  are  obliged  to  have  stock, 
and  we  understood  you  had  some  very  good  mules."  I  had  had  several  mules  stolen  from 
me.  1  replied  to  him  that  I  had  a  few  mules,  but  I  needed  them  very  much.  I  had  a  large 
family.  My  white  family  consisted  of  seven  or  eight,  and  I  had  some  thirty  negroes.  I  told 
him  I  could  not  spare  my  mules. 

Said  he,  upon  the  subject  of  the  Union,  "The  negro  is  the  cause  of  the  war,  and  slavery 
must  be  abolished  befoiv  this  war  can  cease."  That  thing  misled  me  more  than  anything 
else,  it  was  so  much  like  what  I  had  seen  and  heard,  and  I  began  to  think  they  were  federal 
soldiers.  I  had  some  boys  ploughing  not  a  great  ways  off,  out  in  a  field  there.  They  went 
out  into  the  field,  and  I  went  with  them.  They  took  four  very  valuable  mules  and  a  negro 
boy  to  help  them  off  with  them,  and  they  told  me  to  go  to  Arkadelphia  the  next  morning, 
and  to  go  early,  for  General  Steele's  army  would  perhaps  move,  and  inquire  for  General 
Carr's  headquarters,  and  I  could  find  their  regiment,  the  First  Missouri  cavalry,  and  probably 
I  could  get  some  of  the  mules  back  or  vouchers  for  them. 

Pretty  soon  after  they  left  there  came  another  scout  to  my  house.  I  met  a  small  squad  of 
men,  and  I  wanted  to  satisfy  myself  whether  those  men  who  took  the  mules  really  did  belong 
to  Steele's  army.  I  smarted  down  towards  the  Camden  road,  where  I  knew  they  would  pass. 
I  learned  there  was  a  scout  from  Steele's  army  on  the  east  side  of  the  Washita  river.  My" 
daughter,  who  lived  down  on  the  road,  wrote  me,  that  a  scout  of  the  federal  army  was  down 
there  and  had  taken  a  mule,  for  which  she  had  been  given  a  receipt,  which  she  sent  to  me. 

I  started  down  that  way,  and  fell  in  with  a  scout  of  about  sixty  men.  They  told  me  they 
were  federal  soldiers.  Said  they,  "We  are  going  to  your  house;  we  have  heard  that  you 
have  some  forage,  and  we  are  going  to  your  house  for  some."  Said  I,  "  Where  is  your  cap 
tain'/"  They  pointed  him  out,  and  I  rode  up  to  him  and  said:  "These  men,"  pointing  to 
two  I  had  met  in  advance,  "these  men  say  they  are,  federal  soldiers."  He  did  not  pretend 
to  contradict  it  at  all,  and  I  was  so  excited  and  troubled  about  the  others  having  taken  my 
property,  that  it  really  did  not  occur  to  me  to  look  at  the  men's  clothing  to  learn  what  they 
were. 

I  said,  "  If  you  are  going  to  my  house  we  will  turn  back."  I  turned  back  with  them,  and 
we  were  talking  about  various  things  as  we  were  going  along.  I  really  believed  at  the  time 
they  were  federal  soldiers,  knowing  that  Steele's  army  was  so  near  there.  They  asked  me 
some  questions  about  the  politics  of  the  neighborhood.  I  told  them  that  the  whole  neighbor 
hood  had  been  Union,  but  I  could  not  tell  so  Avell  then  what  men  thought  of  the  matter  since 
the  war  was  inaugurated  ;  but  I  supposed  they  would  be  Union  men  if  things  were  as  thej 
once  were.  Something  was  said  about  some  cotton.  I  do  not  recollect  how  the  subject  was 
introduced.  I  remarked  in  a  jocular  manner  to  the  captain,  that  I  would  like  to  trade  some 
cotton  for  sugar  and  coffee.  Said  I,  "  we  have  had  none  here  for  a  long  time,  and  I  expect 
a  good  cup  of  coffee  would  exhilirate  me  so  much  that  I  do  not  know  as  I  would  sleep  for  a 
night  or  two.  He  asked  me  how  much  cotton  I  had.  I  said  I  had  some  twenty-five  bales 
packed,  and  some  not  bagged. 

We  went  on  to  a  lane  in  front  of  my  house  I  began  to  look  about,  and  I  saw  that 
although  some  of  the  soldiers  had  on  blue  coats,  the  most  of  them  had  on  gray  clothes.  I 
was  alarmed  immediately,  and  I  remarked  to  the  captain,  "  I  don't  believe  you  are  federal 
soldiers  ;  I  believe  you  are  southern  men." 

4  A  G  M  A 


50  RECONSTRUCTION. 

However,  not  to  make  too  long  a  story,  I  discovered  that  the  first  lieutenant,  named  Hick- 
man,  and  some  of  the  men  were  masons,  and  on  their  advice  I  got  out  of  the  way,  and  it  was 
because  they  told  me  that  they  had  come  there  for  the  purpose  of  taking  me  away  with  them. 
Tlie  next  morning  very  early  I  went  to  Arkadelphia.  I  met  nobody  ou  the  way  until  I 
crossed  the  river,  when  I  met  two  federal  soldiers  and  was  conducted  into  town. 

I  saw  General  Steele,  and  had  some  conversation  with  him.  I  went  to  General  Carr's 
headquarters  and  inquired  for  the  first  Missouri  cavalry,  and  then  I  found  that  those  fellows 
who  had  taken  my  horses  and  mules  d.d  nof  belong  there. 

I  was  wilhih  General  Steele's  lines  and  couklnot  get  out.  I  wanted  to  go  home  that  even 
ing.  1  found  the  mule  that  had  been  taken  from  my  daughter  by  General  Steele's  army,  for 
which  1  had  a  receipt,  and  Captain  Henry,  General  Steele's  quartermaster,  gave  me  a  voucher 
for  it.  1  had  to  stay  there  till  the  next  morning,  and  there  were  some  six  or  seven  of  my 
neighbors  there  also. 

General  Steele  left  the  morning  after  we  got  in  there,  and  that  morning  I  started  back 
home.  I  got  to  the  Washita  river  and  met  a  son  of  mine,  in  his  sixteenth  year,  with  a  mes 
sage  from  his  mother  and  my  immediate  neighbors  that  it  would  not  do  for  me  to  come  home  ; 
that  on  the  day  1  was  in  Arkadelphia  that  scout  of  about  sixty  men  had  returned  to  my  house, 
had  drawn  a  pistol  on  a  neg"o  man,  and  made  him  g*o  and  show  them  the  bagged  cotton, 
which  was  in  an  out-house  about  a  mile  from  home.  I  had  about  four  hundred  bushels  of 
corn  in  one  end  of  the  house.  They  set  fire  to  the  house  and  burned  the  cotton  and  com  all 
up.  They  pillaged  my  house,  and  took  off  one  or  two  guns,  and  broke  one.  I  had  a  very 
good  supply  of  guns,  for  game  is  plenty  in  that  country.  They  broke  open  a  trunk  of  mine 
and  took  a  very  valuable  "watch  and  $.500  in  confederate  money,  which  was  worth  nothing, 
of  course,  but  it  was  all  we  had  to  pass  there,  for  they  came  and  foraged  on  us  and  we  had  to 
take  that  money.  I  do  not  remember  what  else  they  took.  They  just  sacked  the  house, 
and  told  my  wife,  "  Now  you  have  heard  talk  of  federal  soldiers  robbing  secesh  houses  ; 
now  we  will  show  you  how  secesh  will  rob  a  Union  man's  house." 

When  I  met  my  son  I  consulted  with  some  of  my  neighbors  who  were  with  him  ;  I  went 
into  town  and  saw  some  of  my  friends,  and  they  advised  me  to  take  protection  with  General 
Steele's  army.  The  rear  of  the  army  was  just  leaving  town,  and  I  followed  ou  and  over 
took  General  Steele  eight  miles  west  from  Arkadelphia,  on  the  road  towards  Washington. 
As  it  happened,  when  I  overtook  the  army  they  had  stopped  and  were  taking  a  snack.  Gen 
eral  Steele  and  several  officers  of  his  staff  and  General  Kice,  of  Iowa,  were  there.  I  related 
to  them  what  had  happened,  and  told  them  that  my  object  was  to  take  protection  with  the 
army  for  awhile,  until  those  fellows  could  get  away  from  my  neighborhood.  I  remarked  to 
General  Steele  that  I  had  a  son-in-law  living  at  Pine  Bluff,  on  the  Arkansas  river,  and  that 
I -supposed  there  would  be  trains  passing  back  to  Little  Rock,  and  that  I  could  get  to  my 
son-in-law.  General  Steele  said  there  would  be  some  trains  passing  after  awhile ;  and  Gen 
eral  Rice  was  kind  enough  to  say  to  me,  "Sir,  you  make  my  headquarters  your  home  as 
long  as  you  are  with  us."  I  did  so,  and  went  with  the  army  down  to  Camdfen;  and  Cap 
tain  Henry,  the  quartermaster  of  whom  I  have  spoken,  gave  me  a  little  employment  at  Cam- 
den — some  writing  to  do,  for  which  he  paid  me  two  dollars  a  day.  There  was  a  train  came 
along  from  Little  Rock  to  Pine  Bluff  and  Camden  with  supplies  for  the  army.  I  made  ar 
rangements  to  return  with  that  train  to  Pine  Bluff.  We  started  and  travelled  two  days,  and 
at  Mark's'  mill  we  were  intercepted  by  Fagan  and  Shelby.  It  was  said  they  had  0,000 
troops,  and  I  suppose  they  had.  They  took  about  1,200  prisoners.  1  stood  at  a  cabin  at  the 
side  of  the  road  there,  when  that  battle  was  going  on,  until  the  timber  all  around  me  was 
torn  down  and  split  up;  I  then  rode  out  into  the  woods  and  stood  in  the  bushes  something 
like  an  hour,  when  I  saw  a  federal  officer  coming  along.  He  was  Captain  McGili.  of  In 
diana,  whom  I  had  seen  at  General  Rice's  headquarters.  There  were  some  00  cavalry  with 
him.  I  supposed  they  were  going  down  on  the  left  to  prevent  the  right  of  the  rebel  army 
from  flanking  them.  They  had  gone  but  a  little  distance  before  they  were  fired  upon,  and 
turning  right  up  by  me,  said  McGill,  ''Are  you  here,  old  man  ?"  I  said,  "Yes."  Says  he, 
"The  whole  thing  is  gone  up  ;  we  are  defeated ;  our  colonel  is  wounded  and  dismouted,  and 
•we  will  all  be  taken  within  twenty  minutes  unless  we  can  get  out  of  here."  I  said,  "I  have 
been  here  one  hour,  and  there  is  no  firing  off  to  the  northwest.  I  have  some  knowledge  of 
the  geography  of  this  country,  and  if  you  will  follow  me  1  think  we  can  get  out. ''  We" laid 
whip  to  our  horses,  went  through  the  woods  about  two  miles,  and  struck  a  road  bearing  off 
in  a  northeast  direction.  We  put  spurs  to  our  horses  and  went  ten  miles  above  and  crossed 
Sabino  river,  swam  our  stock  over,  ferried  ourselves  and  our  saddles  over  in  a  little  skiff  and 
got,  to  Pine  Biuff  at  10  o'ciock  that  night,  and  Captain  McGill  reported  to  Colone!  Clayton 
in  command  there.  I  remained  a  refugee  there  and  at  Little  Rock  for  about  four  months. 

Question.  I  do  not  think  ir,  is  necessary  for  our  purpose  that  you  should  gd  so  much  into 
details.  Have  you  held  any  office  under  the  rebellion  ? 

Answer.  No,  sir.  I  remained  at  home  quietly  after  what  I  have  been  stating,  until,  as 
you  are  informed  by  that<nemorial  of  ours,  (see  appendix  A  to  this  deposition,)  a  Stale  gov 
ernment,  had  been  got  up  at  Little  Rock  in  18i>:5.  Governor  Murphy  was  appointed  pro 
visional  governor  by  our  Stale  convention.  Afterwards  we  held  an  e  ection  for  governor  and 
members  of  the  legisla'uie  from  counties  within  the  federal  lines.  Governor  Murphy  was 
elected,  receiving-  twelve  thousand  or  thirteen  thousand  votes,  and  a  legislature  was 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  51 

organized.  And  the  northern  counties  in  the  State  within  the  federal  lines — some  of  them, 
at  least — had  civil  officers  appointed  for  them.  Down  in  southwestern  Arkansas,  where  I 
live,  some  eighty  miles  southwest  of  Little  Rock,  the  rebel  scouts  were  passing  through  that 
country  constantly. 

Question.  Did  you  continue  loyal  all  the  time? 

Answer.  I  felt  all  the  time  I  owed  paramount  allegiance  to  the  government  of  the  United 
•States. 

Question.  Have  you  held  any  office  under  the  confederate  authorities  during  the  rebellion? 

Answer.  At  the  time  the  rebellion  broke  out  I  was  an  acting  justice  of  the  peace  in  the 
township  where  I  reside.  I  tendered  my  resignation,  but  they  would  not  receive  it ;  and  I 
was  informed  by  some  men  that  it' I  resigned  they  would  take  it  as  prima  facie  evidence  that  I 
was  not  "loyal  to  the  south,"  as  they  termed  it.  I  held  that  ministerial  office  for  a  while  ; 
but  just  as  soon  as  I  could  get  clear  of  it  I  did  get  clear  of  it. 

Question.  And  you  have  held  no  other  office ? 

Answer.  No,  sir. 

Question.  So  far  as  you  know,  what  is  the  present  condition  of  the  district  from  which 
you  come  with  reference  to  loyalty  or  disloyalty,  considering  the  whole  white  population? 

Answer.  My  district  is  composed  of  sixteen  counties,  and  I  visited  the  county  seats  of 
fourteen  of  them  and  made  public  addresses  there.  I  considered  at  that  time — and  I  have 
seen  nothing  to  change  that  opinion,  and  a  letter  from  General  Reynolds  informs  me  that 
things  are  more  encouraging  there  than  last  fall — at  that  time  I  considered  the  bonajide  citi 
zens  of  the  country  as  loyal.  I  could  see  a  subdued  feeling  and  spirit  pervading  the  whole 
country.  It  is  true  there  are  some  fiery,  restless  men,  such  as  you  will  find  in  all  commu 
nities.  I  had  five  competitors,  and  two  of  them  canvassed  with  me.  They  pandered  to  the 
prejudices  of  the  people  upon  this  negro  question,  telling  the  people  that  Cuftee,  as  they 
called  him,  would  be  re-enslaved  again,  some  day  or  other,  when  the  State  could  get  their 
rights  and  could  act  under  State  authority.  I  met  that  question  boldly,  and  told  them 
that  slavery  was  gone ;  and  in  answer  to  that,  even  where  the  people  were  so  sore,  having 
lost  their  property,  what  I  consider  the  bonajide  citizens  of  the  country  told  me  I  was  right 
in  my  position  upon  that  question;  that  the  negroes  were  free,  had  been  made  free  by  the 
fortunes  of  war,  and  cannot  be  re-enslaved.  It  is  true  but  few  of  the  people  voted ;  but  few 
of  them  could  vote  at  the  time  of  the  election,  which  was  on  the  9th  of  last  October.  There 
were  hundreds  of  the  people  who  had  never  taken  the  amnesty  oath.  Some  of  them  had  no 
chance  to  take  it.  I  looked  upon  those  people  in  my  district,  what  I  consider  the  real,  sub 
stantial  citizens  of  the  country,  as  loyal. 

Question.  Counting  the  whole  number  of  the  people — all  the  white  men  who  have  been 
voters,  whether  they  have  now  the  right  to  vote  or  not — what  proportion  of  them  are  truly 
loyal  to  the  government  of  the  United  States,  without  any  compulsion  and  upon  their  own 
inclination? 

Answer.  I  am  inclined  to  think  that  a  great  many  of  the  persons  who  were  in  the  rebel 
army  would  vote  for  a  candidate  who  had  believed  with  them,  who  had  been  on  their  side 
of  the  question,  as  we  call  it,  sooner  than  they  would  forme.  But  among  the  old  substantial 
men  I  am  inclined  to  think  that  loyalty  generally  prevails.  There  are  restless  men  who 
would  perhaps  rather  vote  for  a  man  who  had  been  on  the  other  sic!o  or  the  question.  But 
the  very  men  who  would  do  that  would  tell  you  the  war  was  over,  the  thing  was  done,  the 
die  was  cast,  and  it  could  not  be  helped,  and  they  were  disposed  to  submit  to  whatever  the 
government  of  the  United  States  might  impose  upon  them  ;  that  we  are  obliged  to  be  one 
people,  and  we  cannot  help  it.  But  when  you  ask  me  about  their  preferences,  I  must  say 
thav  a  majority  of  those  men  who  have  been  in  the  army  down  there  would  vote  for  a  man 
who  had  been  in  sentiment  with  them,  rather  than  vote  for  me,  or  for  anybody  else  always 
considered  a,  Union  man. 

Question.  What  number  of  votes  did  you  receive  in  that  district? 

Answer.  There  were  six  candidates,  and  the  district  voted  between  2,500  and  3,000  votes. 
I  never  did  see  a  statement  of  the  votes.  But  my  vote  was  some  500  or  600,  I  think,  in  that 
neighborhood — not  lar  from  ;>0(). 

Question.  How  many  votes  did  the  other  five  candidates  receive  in  the  aggregate  ? 

Answer.  They  must  have  received  about  ti,000. 

Question.  Were  any  of  the  other  candidates  who  opposed  you  Union  men,  who  had  been 
so  during  the  war  ? 

Answer.  There  was  one  who  was  said  to  have  been  a  Union  man,  but  he  did  not  canvass 
the  district.  I  think  he  got  less  than  100  votes.  And  there  was  another,  a  lawyer  in  Union 
county,  bordering  on  the  State  of  Louisiana,  who  was  said  to  have  been  a  Union  man.  But 
he  was  the  most  violent  and  ultra  man  we  had  in  the  canvass  in  advocating  disorganizing 
measures,  opposing  the  law  of  the  State  disfranchising  rebels.  He  got  a  decided  majority  of 
the  votes,  but  they  were  thrown  out. 

Question.  He  received  more  votes  than  you  received  ? 

Answer.  Yes,  sir. 

Question.  But  those  votes  were  rejected? 

Answer.  Yes,  sir. 


52  RECONSTRUCTION. 

Question.  If  all  had  voted  who  would  have  had  the  right  to  vote  if  the  rebellion  had  not 
taken  place,  what  would  have  been  the  aggregate  vote  of  that  district? 

Answer.  My  impression  is,  that  in  that  district  of  sixteen  counties,  if  all  the  white  males 
over  twenty-one  years  of  age  had  voted,  there  would  have  been  some  G,OOU  votes — not  more 
than  that. 

Question.  As  far  as  you  know,  how  does  your  district  compare,  as  regards  loyalty,  with 
the  rest  of  thy  State  of  Arkansas  ? 

Answer.  I  have  always  regarded  the  balance  of  the  State  as  more  loyal  than  my  district. 
There  is  more  disloyalty  in  the  tier  of  counties  running  along  the  Louisiana  line,  in  my  dis 
trict,  than  in  any  other  portion  of  the  State.  I  judge  my  district  was  decidedly  more  dis 
loyal  than  any  other  district  in  the  State. 

Question.  Have  there  been  any  combinations  or  meetings  in  Arkansas  to  regulate  the 
price  of  labor  ? 

Answer.  None  at  all. 

Question.  Do  you  know  of  any  combinations,  or  leagues,  or  secret  societies  among  the 
secessionists  since  the  close  of  the  rebellion  ? 

Answer.  No,  sir  ;  I  have  heard  of  none. 

Question.  What  is  the  disposition  of  the  negroes  with  reference  to  working  if  they  are  as 
sured  of  their  pay  and  reasonable  compensation  is  given  them  ?  Are  they  disposed  to  work, 
or  otherwise  ? 

Answer.  I  learn  since  I  have  left  home  that  they  are  disposed  to  work. 

Question.  Have  any  steps  been  taken  to  educate  the  negroes  by  the  people  of  the  State? 

Answer.  Only  to  this  extent:  I  got  acquainted  pretty  soon  with  the  agent  of  the  Freed  - 
men's  Bureau  at  Arkadelphia.  He  bound  out  a  few  small  negroes  there,  and  I  have  seen 
him  taking  bonds  and  obligating  the  persons  to  educate  them.  But  there  are  no  public  schools 
tnere  yet,  but  persons  obligate  themselves  to  educate  negro  children  who  are  bound  to  them. 

Question.  What  is  the  disposition  of  the  public  in  regard  to  allowing  negroes  to  buy  land 
and  hold  it,  if  they  have  the  means  to  pay  for  it  ? 

Answer.  I  never  heard  any  objection  to  it  at  all. 

Question.  What  is  your  opinion  as  to  the  expediency  of  removing  the  military  and  the 
Freedmen's  Bureau  from  the  State  of  Arkansas  ? 

Answer.  So  far  as  my  information  extends,  I  think  in  my  immediate  neighborhood  there 
would  be  no  risk  run  at  all  in  removing  the  bureau.  I  believe  the  people  would  do  what  was 
right  by  the  negroes.  I  have  seen  no  spirit  in  my  neighborhood  to  domineer  over  or  abuse 
them,  or  to  withhold  from  them  what  was  their  due.  There  is  rather  a  spirit  to  commend  the 
negro  for  his  good,  behavior  during  a  contest  in  which  he  knew  his  liberties  were  involved  as 
well  as  the  white  people  knew  it.  They  all  remained  at  home  and  behaved  themselves,  in 


many  places  where  there  were  hardly  any  white  persons  except  a  few  old  men,  and  did  no 
violence  except  such  as  might  be  done  ordinarily.  There  is  a  disposition  on  the  part  of  the 
people  to  really  commend  the  negro  for  his  good  behavior  during  the  war,  and  I  have  known 
none  abused  there. 

Question.  How  would  it  be  with  the  men  Avho  have  been  loyal  during  the  war  if  the  mili 
tary  were  now  removed?  Would  they  be  in  any  danger  from  the  persecutions  of  the  rebels? 

Answer.  1  think  not,  unless  there  was  a  private  feud  or  something  of  that  kind.  I  do  not 
think  upon  the  score  of  political  questions  there  would  be  any  difficulty  at  all.  Having  been 
opposed  in  politics  during  the  war  might  excite  private  feuds  more  than  otherwise  would  be 
the  case.  But  as  far  as  my  knowledge  extends,  the  people  have  resolved  to  let  bygones  be 
bygones,  and  go  to  work  and  be  one  people.  That  is  the  doctrine  I  have  preached  to  them 
all  around  through  the  counties  where  I  have  been ;  that  it  was  nonsense  to  contend  about  those 
things  any  longer  ;  that  we  must  accept  our  status,  let  it  be  what 'it  might,  and  go  to  work 
and  build  up  our  waste  places. 

Question.  How  many  persons  are  disfranchised  by  the  laws  of  Arkansas  on  account  of 
their  participation  in  the  rebellion  ? 

Answer.  A  great  many  are  disfranchised ;  all  the  young  men  who  were  in  the  rebel  army 
were  disfranchised,  and  the  old  men  consider  themselves  disfranchised,  because  the  oath  re- 

r'red  them  to  swear  that  they  had  not,  directly  or  indirectly,  aided  the  rebellion.  Some  of 
m  said  they  had  fed  hungry  men,  soldiers,  passing  along  to  and  fro,  and  that  might 
be  cousidered\'is  aiding  the  rebellion,  and  they  would  not  take  the  oath  on  that  account, 
when  otherwise  they  might  have  taken  the  oath  and  voted.  Indeed,  the  legislature  did  not 
consider  the  mere  act  of  feeding  hungry  men  as  rendering  such  aid  and  comfort  to  the  re 
bellion  as  was  intended  to  disqualify  them  from  voting.  I  suppose,  taking  the  young  men 
who  entered  the  armed  service  of  the  rebellion,  more  mar  halt  the  voting  population  of  the 
State  were  disfranchised  at  the  time  of  the  election.  The  clerks,  in  some  places,  charged 
seventy-five  cents  for  administering  the  oath;  and  a  great  many  did  not  take  the  amnesty 
oath  because  they  had  but  little  money,  and  wanted  that  for  their  families. 

Question.  If  there  should  be  universal  amnesty  and  enfranchisement  of  all  the  white  citi- 
xeus  of  the  State  of  Arkansas,  would  not  the  'political  power  of  the  State  come  into  the 
hands  of  men  who  have  been  in  the  rebellion  or  sympathized  with  it  ? 

Answer.  I  think  not;  such  a  man  as  Bob  Johnson,  who  has  been  here  in  the  United  States 
Senate  for  a  long  time,  and  such  other  men  who  used  to  control  the  destinies  of  the  State, 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  53 

could  not  be  elected  to  any  office  ;  the  people  are  done  with  such  men,  and  I  believe  to-day — 
and  I  do  not  say  it  boastingly,  for  I  do  not  expect  to  be  a  candidate  again,  as  I  am  an  old  man — 
I  believe  that  on  a  fair  field,  giving  every  man  a  vote,  I  could  beat  any  of  that  class  of  men 
in  a  fair  contest.  I  do  not  believe  the  people  will  elect  those  old  politicians  and  secessionists. 

Question.  What  is  the  disposition  of  the  white  people  of  Arkansas  in  reference  to  allowing 
any  of  the  negroes  to  vote? 

Answer.  I  think  a  majority  of  the  people  of  Arkansas  would  be  opposed  to  negro  suffrage. 
I  think  they  would  feel  about  this  way  about  it— indeed  I  have  heard  them  say  so :  that  the 
question  of  suffrage  is  one  that  ought  to  be  kept  in  abeyance  for  a  while,  and  see  what  im 
provement  the  negro  can  make  intellectually  and  morally,  and  see  what  can  be  done  for 
him ;  and  hereafter,  if  he  shows  a  disposition  to  do  something  for  himself  to  acquire  property 
and  make  a  good  citizen,  they  would  have  no  objection  to  giving  him  the  right  of  suffrage. 
That  is  my  view  of  the  question  ;  that  is  the  way  I  feel  about  the  matter.  As  to  the  pro 
posed  amendment  to  the  Constitution  of  the  United  States  that  passed  the  House  yesterday, 
I  think  if  any  amendment  is  to  be  passed,  that  is  about  the  best— basing  representation  upon 
all  the  population  ;  and  if  the  negro  population  is  excluded  from  the  right  of  suffrage,  then 
exclude  that  population  from  the  basis  of  representation  ;  I  believe  that  is  fair  and  right 

Question.  Would  your  State  ratify  that  amendment  ? 

Answer.  I  believe  it  would. 


APPENDIX  A. 

Memorial  of  Hon.    Wm.   Eyers,    G.  H.   Kyle,  and  James  M.  Johnson,  representatives  from 
the  State  of  Arkansas,  for  scats  within  the  hall  of  the  House  of  Representatives. 

To  the  honorable  House,  of  Representatives  of  the  Congress  of  the  United  States  : 

The  memorial  of  William  Byers,  G.  H.  Kyle,  and  James  M.  Johnson,  citizens  of  the 
State  of  Arkansas,  represents  that  on  the  ninth  day  of  October,  1865,  they  were  elected 
representatives  to  the  thirty-ninth  Congress,  certificates  of  which,  from  the  executive  office 
of  said  State,  they  desire  to  present  to  your  honorable  body. 

Your  memorialists  further  represent  that  in  January,  1864,  the  loyal  citizens  of  the  State 
of  Arkansas  elected  delegates,  held  a  convention,  formed  a  constitution,  and  established  a 
provisional  State  government,  until  the  proper  officers  under  the  constitution  could  be  elected 
and  qualified.  This  constitution,  first,  abolished  slavery ;  second,  declared  void  the  ordinance 
of  secession ;  third,  repudiated  the  rebel  war  debt ;  and,  fourth,  provided  for  the  election  of 
officers  and  for  the  ratification  or  rejection  of  the  constitution  by  a  vote  of  the  citizens. 

Your  memorialists  further  represent  that  in  March,  1864,  an  election  under  the  consti 
tution  referred  to  was  held,  and  that  constitution  ratified  and  adopted  by  a  majority  of  twelve 
thousand  votes.  That  on  the  18th.  of  April  following,  the  governor  elected  under  the  same 
was  inaugurated  and  assumed  the  function?  of  the  executive  office,  and  the  different  depart 
ments  of  the  State  government  was  put  in  successful  operation. 

The  State  legislature  assembled  and  passed  a  law  which  provided  that  no  person  shall 
vote  at  any  election  until  he  has  first  taken  and  subscribed  an  oath  that  he  will  support  the 
Constitution  of  the  United  States,  and  the  constitution  of  the  State  of  Arkansas,  and  that  he 
has  not  voluntarily  bore  arms  against  the  United  States  or  the  State  of  Arkansas,  or  aided, 
directly  or  indirectly,  the  rebellion  since  the  J8th  day  of  April,  1864.  The  legislature  also 
ratified  the  amendment  to  the  Constitution  of  the  United  States  abolishing  slavery. 

Every  county  in  the  State  has  been  regularly  organized  by  the  electiou«of  county  and 
local  officers.  The  courts  have  been  held,  and  taxes  assessed  and  collected. 

The  United  States  district  court  for  the  State  has  been  held,  and  the  laws  administered 
therein,  for  more  than  one  year  past. 

The  United  States  direct  and  internal  revenue  taxes  have  been  and  now  are  being  col 
lected  without  obstruction. 

The  citizens  of  Arkansas  are  loyal,  peaceable,  and  well-disposed  towards  the  good  order 
and  happiness  of  the  United  States  government. 

Your  memorialists  were  selected  as  representatives  with  especial  regard  to  their  loyalty  to 
the  United  States.  In  the  governor's  proclamation  for  an  election  for  members  of  Congress 
it  was  also  proclaimed  that  no  one  should  be  permitted  to  vote  without  first  taking  the  oath 
prescribed  by  act  of  legislature,  (heretofore  referred  to,)  and  also  that  no  one  should  be 
eiected  to  Congress  who  could  not  conscientiously  take  the  oath  prescribed  by  act  of  Congress. 
Your  memorialists  can  honestly  take  that  oath,  and  desire  to  do  so. 

In  the  formation  of  the  present  State  government,  and  in  the  organization  and  pro 
ceedings  of  the  several  executive  departments,  there  has  been  a  studied  effort  to  comply  with 
aud  to  conform  to  every  requirement  of  the  Constitution  of  the  United  States  and  of  the 
federal  government. 

Your  memorialists  further  represent  that  they  are  entitled,  by  virtue  of  the  loyal  and 
regenerated  condition  of  the  State  which  they  were  elected  to  represent,  to  as  much  grace 


54  RECONSTRUCTION. 

and  to  equal  favor  from  your  honorable  body  as  that  of  the  representatives  from  any  other 
JState  once  in  rebellion.  The  Committee  of  Elections  at  the  close  of  the  last  Congress  re 
ported  in  favor  of  the  admission  of  representatives  from  Arkansas,  which  report  was  not 
acted  upon  by  your  honorable  body  for  want  of  time. 

In  support  of  these  facts  your  memorialists  rei'er  to  the  constitution  and  laws  of  Arkansas; 
the  governor's  proclamation;  a  statement  of  Hon.  Mr.  Pomeroy,  United  States  senator  from 
Kansas,  made  before  a  committee  of  the  Senate;  and  to  a  report  of  Major  General  Reynolds, 
commanding1  department  of  Arkansas,  made  to  the  War  Depaitment. 

And  your  memorialists  pray  that  they  may  be  permitted  to  occupy  seats  within  the  hall 
of  your  honorable  body,  and  that  a  resolution  be  passed  for  that  purpose. 


APPENDIX  B. 

Submitted  to  the  Committee  on  Reconstruction  by  me,  February  1,  18G6. 

G.  H.  KYLE. 

To  the  voters  of  the  second  congressional  district : 

The  undersigned,  district  committee  from  the  county  of  Pulaski,  without  waiting"  for 
concert  of  action  with  the  other  counties  of  the  district,  which,  however  desirable,  would 
consume  more  time  than  the  exigencies  of  the  coining1  canvass  will  permit,  have  thought 
proper  to  address  the  voters  of  the  district  upon  the  topics  involved  in  the  coming  election. 

We  call  attention,  first,  to  the  resolution  adopted  at  a  mass  meeting1  of  the  national  Union 
men  of  Arkansas,  held  at  the  State-house,  in  the  city  ot  Little  Rock,  on  the  29th  of  August 
last,  and  participated  in  by  a  number  of  citizens  from  other  counties  of  the  district.  They 
embody,  it  is  believed,  the  principles  of  the  national  Union  men  of  the  State,  and  were  cordi 
ally  concurred  in>  by  the  meeting-  referred  to.  WTith  their  preamble  they  run  as  follows : 

Whereas  the  present  unsettled  and  conflicting1  condition  of  political  opinion  in  our  midst 
renders  the  organization  of  those  who  favor  the  perpetuity  of  our  national  government  abso 
lutely  essential,  in  order  that  the  principles  and  policy  advocated  by  the  friends  of  the  gov 
ernment  may  be  known  and  felt,  and  may  assist  instrengtheuiugthe  bonds  of  the  Union,  and 
in  promoting  the  happiness  and  prosperity  of  the  people  of  our  State :  Therefore, 

Rcsulvt'd,  That  we  organize  ourselves  under  the  name  of  the  "National  Union  Men"  of 
Arkansas,  and  announce  as  the  principles  advocated  by  our  organization  those  contained  in 
the  following  resolutions : 

Resolved,  That  we,  the  National  Union  Men  of  the  State  of  Arkansas,  regard  the  people  of 
the  United  States  as  a  great  nation,  and  not  as  a  confederacy  of  independent  States.  That 
we  regard  the  unity  and  indivisibility  of  the  national  government  as  the  keystone  in  the  arch 
of  our  liberties.  That  we  believe  that  in  the  fullest  and  most  extended  sense  the  Constitu 
tion  of  the  United  States,  and  the  laws  made  in  pursuance  thereof,  are  the  supreme  law  of  the 
land,  anything  in  the  constitution  or  laws  of  any  State  to  the  contrary  notwithstanding. 

Resoltr.d,  That  the  best  interests  of  the  people  and  the  future  welfare  of  the  State  of  Arkan 
sas  will  be  subserved  by  the  promotion  of  educational  institutions  of  all  kinds,  and  especially 
by  a  judicious  system  of  free  schools. 

Resolved,  That  a  sound  public  policy  demands  the  largest  encouragement  to  immigration 
to  this  State;  that  manufactures  should  be  fostered  and  commerce  facilitated  ;  that  railroads 
and  navigation  are  the  avenues  of  wealth  to  every  people,  and  that  our  legislature  should  en 
courage  both. 

Resolved,  That  we  regard  the  negro  as  a  free  citizen  of  the  United  States  and  of  this  State ; 
that  the  agricultural  and  commercial  interests  of  the  State  will  be  promoted  by  improving 
and  elevating  his  moral  and  mental  condition ;  that  he  is  entitled  to  all  the  "  absolute  rights" 
of  a  citizen,  namely:  personal  security,  personal  liberty,  and  private  property,  and  to  the 
necessuiy  legislation  to  secure  to  him  the  lull  and  perfect  enjoyment  of  those  rights. 

Resulted,  That  we  are  prepared  to  co-operate  with  the  friends  of  the  Union  in  other  portions 
of  the  country  in  carrying  out  any  measure  calculated  to  promote  the  speedy  reconstruction 
of  the  States  lately  in  rebellion,  and  to  restore  peace  and  prosperity  to  Arkansas. 

Resolved,  That  we  will  take  prompt  measures  for  the  enforcement,  under  all  legal  penalties, 
of  section  G  of  the  act  of  the  legislature  of  this  State  of  May  31,  1664,  in  regard  to  the  re 
quirements  of  the  election  oath. 

To  the  brief  discussion  of  these  resolutions  we  now  ask  your  attention. 

That  the  time  for  seriously  entertaining  the  doctrine  of  secession  has  passed  away,  every 
candid  man  will  admit.  The  die  has  been  cast,  the  issue  made,  and  the  advocates  of  State 
sovereignty,  in  the  sense  taught  by  John  C.  Caihouu  and  the  school  of  politicians  which  he 
founded,  have  lost,  and  now,  at  the  close  of  a  long  and  bloody  war,  the  integrity  of  the 
national  Union  is  reaffirmed  with  additional  emphasis.  The  importance  and  value  of  that 
Union  in  all  its  comprehensiveness  cannot  be  overestimated.  It  is,  indeed,  "  the  keystone 
in  the  arch  of  our  liberties,"  and  without  it  we  would  be  in  danger  of  lapsing  into  the  discoid 
and  anarchy  that  have  ruined  so  many  of  the  republics  of  earth.  History  teaches  by  exam 
ples,  and  if  the  American  people  are  wise,  they  will  avoid  the  rocks  upon  which  other  free 
nations  have  split. 


ARKANSAS — GEORGIA—MISSISSIPPI — ALABAMA.  55 

That  the  best  interests  of  our  State  "  -will  be  subserved  by  the  promotion  of  educational 
institutions  of  all  kinds,  and  especially  by  a  judicious  system  of  free  schools,"  no  one  will 
deny.  Theirvalue  in  giving  tone  to  the  public-  sentiment  of  a  people,  and  irr  shaping  the 
material  interests  of  a  State,  cannot  be  ovr>r-estirnated.  The  ignorance  of  the  masses  is  the 
first  cause  of  instability  in  a  Suite,  provokes  passion,  turmoil,  war.  and  if  not  dispelled,  will 
wreck  all  theories  of  government.  The  donations  of  laud  to  the  State  of  Arkansas  for  com 
mon-school  purposes  have  been  sufficient  to  build  a  school-house  in  every  township  in  the 
State,  but  the  funds  have  been  very  badly,  if  not  criminally  managed,  and  practically  the  State 
will  be  compelled  to  build  again  fiom  the  foundation.  A  judicious  common-school  system  is 
one  of  the  chief  bulwarks  of  a  State  ;  and  in  Arkansas  all  good  citizens  will,  no  doubt, 
concur  in  any  plan  for  cany  ing  such  a  system  into  operation  as  rapidly  as  our  improving 
condition  and  finances  will  allow. 

That  a  sound  public  policy  demands  the  largest  encouragement  to  immigration  to  this 
State,  that  manufactures  should  be  fostered,  and  commerce  tacilitated,  and  that  railroads 
should  be  built,  we  believe  will  not  be  questioned.  There  is  no  reason  why  Arkansas  should 
not  take  prominent  rank  among  the  States  of  the  Union.  In  area  she  is  one  of  the  largest, 
in  location  eligible,  and  in  natural  resources  unsurpassed.  Our  citizens  know  this,  and  in 
view  of  the  desolation  of  war  and  the  consequent  embarrassment  of  our  pecuniary  interests, 
we  respectfully  submit  that  it  is  the  duty  of  all  to  encourage  the  introduction  of  capital  as 
well  as  labor  from  the  more  populous  and  wealthy  States.  Both  can  be  procured,  and  thw 
opportunities  for  their  employment  are  abundant.  The  State  is  capable  of  immense  develop 
ment.  The  eyes  of  thousands  are  already  fixed  upon  it,  and,  whether  we  will  it  or  not,  the 
capital  and  industry  of  the  north  are  coming  here.  It  remains  for  us.  therefore,  to  shape  the 
course  of  this  stream,  to  guide  the  waters  as  they  flow  in ;  and  if  this  is  done,  Arkansas  will 
take  that  position  in  the  Union  to  which,  inherently,  she  is  entitled. 

What  shall  be  done  with  the  negro  is  also  a  question  to  be  considered.  The  war  has  made 
him  free  ;  and  this  fact,  first  of  all,  must  be  accepted.  All  our  theories,  our  conduct,  and 
our  legislation  must  proceed  upon  this  hypothesis.  The  fifth  resolution. declares  that  "he  is 
entitled  to  all  the  'absolute  rights  '  of  a  citizen,  namely:  personal  security,  personal  liberty, 
and  private  property,  and  to  the  necessary  legislation  to  secure  him  the  full  and  perfect  en 
joyment  of  those  rights,"  and  by  legislation  these  rights  should  be  promptly  secured.  The 
right  of  suffrage,  which  is  not  an  absolute  right,  we  believe  should  be  held  in  abeyance. 
The  regulation  of  its  elective  franchise  has  always  been  regarded  as  principal  among  the 
rights  reserved  to  a  State,  and,  we  submit,  should  not  be  departed  from.  Let  the  future 
determine  ike  status  of  the  negro  in  this  respect.  Even  if  it  were  to  be  attempted,  the  issuo 
could  not  be  settled  in  the  coming  election.  If  members  of  a  State  legislature  were  to  be 
voted  for,  the  agitation  of  this  subject  might  be  profitable,  for  they  are  the  law-making  power, 
but  at  present  its  treatment  is  regarded  as  unnecessary  and  premature. 

We  come  now  to  the  consideration  of  the  seventh  resolution,  which  relates  to  the  enforce 
ment  of  the  act  of  the  general  assembly  approved  May  31,  1864,  and  prescribes  in  section  6, 
as  a  pro-requisite  to  voting,  that  the  voter  shall  take  an  oath  that  he  has  not  voluntarily 
borne  arms  against  the  United  States  or  this  State,  or  aided,  directly  or  indirectly,  the  so-called 
confederate  authorities  since  the  18th  day  of  April,  1864.  This  law,  it  is  due  to  the  voters  to 
say,  will  be  enforced.  It  matters  not  that  the  legislature  who  made  it  did  not  represent  the 
entire  State.  They  represented  the  loyal  citizens  of  the  State,  and  their  acts  are  valid.  The 
government  organized  in  Arkansas  under  President  Lincoln's  proclamation  of  December  8, 
J8(J3,  is  and  was  the  government  of  the  State,  and  is  being  and  will  bt,  sustained  by  his  suc 
cessor  in  office.  Nor  should  those  old  citizens  of  the  State  who  have  been  identified  with  the 
rebellion  complain.  They  voluntarily  renounced  their  allegiance  to  the  government  of  the 
United  States  and  their  citizenship  in  the  State  of  Arkansas  as  a  State  in  the  federal  Union. 
By  that  act  they  ceased  to  be  citizens  of  the  State,  and  those  who,  true  to  the  Union, 
remained  within  her  limits,  exercised  an  undoubted  right  in  controlling  State  affairs  and 
shaping  State  policy.  They  invited  all  in  rebellion  to  return.  President  Lincoln's  amnesty 
was  open  to  them,  availing  themselves  of  which,  they  could  vote  for  State  officers,  upon  the 
adoption  of  the  new  free-State  constitution,  and  have  a  voice  in  choosing  the  law-makers  of  the 
State.  But  they  sinned  away  the  day  of  grace,  and  have  themselves  alone  to  blame.  The 
legislature  met  and  passed  this  disfranchising  law  while  the  issue  between  the  general 
government  and  the  rebellion  still  hung  tremblingly  in  the  balance,  regarding  it  as  a  pro 
tective  measure,  to  which  they  had  a  perfect  right  to  resort.  By  some  this  law  is  pronounced 
unconstitutional,  and  by  others  its  disregard  is  counselled.  Whether  the  former  position  is 
tenable  or  not,  it  is  not  for  us  to  determine.  While  this  law  stands  unimpaired  by  judicial 
decision  its  authority  is  paramount,  and  every  law-abiding  man  will  obey  it.  In  this  prin 
ciple  rests  the  safety  of  a  State.  If  it  can  be  disregarded  in  one  instance  it  can  in  any.  Tho 
partition  walls  between  the  different  departments  of  the  government  must  not  b«  broken 
down,  otherwise  the  convenience  of  to-day  will  be  the  disaster  of  to-morrow.  The  remedy  in 
a  case  of  this  nature  lies  ;n  the  courts,  and  at  the  proper  time  the  question  can  be  judicially 
passed  upon. 

It  is  believed  also  in  some  quarters,  and  fault  is  found  accordingly  with  the  law  in  ques 
tion,  that  under  the  amnesty  of  May  '2f>,  1865,  those  who  take  it  are  restored  not  simply  to 
all  rights  of  property,  but  to  full  citizenship.  This,  we  respectfully  submit,  depends  entirely 


5  6  RECONSTRUCTION. 

upon  the  laws  of  the  State  to  which  the  amnestied  party  returns,  and  if  by  those  laws  his 
rights  are  abridged,  he  must  submit  to  the  deprivation.  We  are  aware  that  the  cry  of  pro 
scription  is  following  this  law  ;  but  the  term  is  altogether  too  strong  for  the  occasion.  To 
proscribe  is  to  doom  to  death,  exile,  or  outlawry,  and  certainly  this  is  not  the  predicament  of 
those  who  have  availed  themselves  of  President  Johnson's  amnesty,  or  who  are  included  in 
the  excepied  classes.  They  are,  indeed,  still  under  disabilities;  but  these  are  believed  to  be 
temporary  in  their  character,  and  will  and  ought  to  be  removed  whenever  the  safety  of  the 
State  and  its  complete  operation  in  harmony  with  the  known  policy  of  the  general  govern 
ment  are  secured.  Before  that  time  it  is  entirely  safe  to  say  they  will  not  be,  and  opposition 
now  to  the  laws  of  the  State  will  but  recoil  upon  those  who  attempt  it.  It  will  exasperate 
where  a  kindly  disposition  prevails,  and  have  a  tendency  to  bring  about  the  time  when  the 
extreniest  issues  of  the  country  will  be  forced  upon  the  people. 

Our  attitude  before  Congress  is  also  a  matter  of  the  deepest  moment.  It  is  important  to 
the  State  that  it  should  be  represented  in  that  body  at  its  next  session;  but  to  secure  this 
result  the  representatives  chosen  must  be  men  of  undoubted  loyalty,  and  should  likewise 
reflect  the  policy  of  the  administration.  We  have  reason  to  believe  that  Arkansas,  Tennessee 
and  Louisiana,  by  reason  of  their  reconstructed  State  governments,  will  stand  upon  a  better- 
footing  than  the  remaining  rebellious  States;  but  whether  a  uniform  rule  of  admission  will 
be  adopted  or  not,  it  is  very  important  that  our  representatives  should  reflect  and  be  in 
harmony  with  the  loyal  government  at  home. 

We  have  thus,  fellow-citizens,  sought  to  place  before  you  some  of  the  topics  involved  in 
the  coming  congressional  election.  G.  H.  Kyle,  esq.,  of  Princeton,  Dallas  county,  who  was 
put  in  nomination  by  the  mass  meeting  to  which  allusion  has  been  made,  will  receive,  it  is 
to  be  hoped,  the  votes  of  the  district,  lie  was  a  resident  of  the  State  before  the  war,  is 
knou-n  well  and  favorably,  has  suffered  much  from  the  rebellion,  is  thoroughly  loyal,  and 
would  creditably  represent  the  district. 


n\  _       „ 

le  found  in  an  unknown  and  possibly  far-off  future? 

O.  P.  SNYDKIi. 
W.  J.  PATTON. 
A.  W.  BISHOP. 
F.  A.  SAKAS1N. 
F.  J.  DITTER. 
LITTLE  ROCK,  ARKANSAS,  September,  1885. 


WASHINGTON,  February  2,  1866. 
William  Byers  sworn  and  examined. 

By  Mr.  BOUTWELL  : 

Question.  Please  state  your  age  and  residence. 

Answer.  My  u-  •  is  55  years ;  I  reside  in  Batesville,  Independence  county,  State  of  Ar 
kansas. 

Question.  How  long  have  you  resided  in  the  State  of  Arkansas  ? 

Answer.  For  twenty-nine  years. 

Question.  Previous  to  that  time  where  did  you  reside  ? 

Answer.  I  am  a  native  of  Pennsylvania,  but  I  was  raised  in  central  Ohio. 

Question.  What  means  have  you  had  for  ascertaining  the  condition  of  public  sentiment  in 
Arkansas  since  Lee's  surrender  ? 

Answer.  My  means  have  been  very  good  in  the  section  of  the  State  in  which  I  live ;  that 
is,  the  northeastern  part  of  the  State  of  Arkansas.  I  have  practiced  law  there  for  twenty- 
nine  years,  during  a  portion  of  which  time  I  was  a  judge.  I  have  a  general  acquaintance 
with  the  people  throughout  that  whole  country  ;  and  1  suppose  my  means  of  information 
are  equal  to  those  of  any  man  in  that  portion  of  the  State  of  Arkansas. 

Question.  What  was  the  state  of  public  sentiment  in  regard  to  the  national  o-overmnent 
within  a  month  or  two  alter  Lee's  surrender? 

Answer.  The  Union  element,  as  a  matter  of  course,  was  very  much  elevated  and  rejoiced 
at  it.  The  other  element  had  a  disposition,  generally,  to  submit  to  anything,  no  matter 
what.  They  were  heartily  tired  of  the  war:  they  had  been  utterly  ruined,  aud,°as  a  general 
rule,  were  willing  to  accept  anything  that  was  reasonable  ;  you  would  occasionally  find  an 
exception. 

Question.  What  is  the  present  condition  of  public  sentiment  in  reference  to  the  national 
government  ? 

Answer.  I  think  the  present  public  sentiment  in  that  section  of  the  country  is  well-dis 
posed  towards  the  government  of  the  United  States ;  and  there  is  an  anxious  desire  to  be- 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  57 

come  good  citizens,  and  to  be  obedient  and  submissive  to  the  laws.  I  have  no  doubt  of  that 
at  all. 

Question.  You  are  now  here  claiming  a  seat  in  the  House  of  Representatives  from  the 
State  of  Arkansas  ? 

Answer.  Yes,  sir. 

Question.  When  was  the  election  held  in  the  district  in  which  you  reside,  and  how  many 
votes  were  cast  at  that  election  ? 

Answer.  The  election  was  held  on  the  9th  of  October  last.  I  do  not  recollect  the  exact 
number  of  votes  cast  in  the  district,  but  I  think  it  was  about  2,500.  That  district,  in  I860, 
cast  about  16,000  votes. 

Question.  Of  the  votes  cast  in  October  last,  in  your  district,  how  many  did  you  receive, 
and  for  whom  were  the  other  votes  given  ? 

Answer.  I  cannot  tell  you  just  the  number ;  I  can  only  speak  from  general  recollection. 
I  saw  a  statement  of  the  vote  after  the  election,  but  I  have  not  that  statement  here.  In  or 
der  to  explain  the  matter,  I  will  say  that  the  legislature  of  Arkansas,  after  we  organized  the 
present  Sta.c  government,  passed  a  law  prohibiting  any  one  from  voting  unless  lie  first  took 
an  oath  to  support  the  Constitution  of  the  United  States  and  the  constitution  of  the  State  of 
Arkansas,  and  that  he  had  not  voluntarily  borne  arms  against  the  United  States  or  the  State 
of  Arkansas,  or  aided  or  abetted  the  rebellion  since  the  18th  of  April,  1864.  In  some  of  the 
counties  there  were  votes  cast  by  persons  who  did  not  take  that  oath ;  those  votes  were  not 
counted 

Question.  How  many  such  votes  were  cast  in  your  district,  as  near  as  you  can  remember  ? 

Answer.  I  recollect  that  the  whole  number  of  votes  cast  was  some  2,500,  and  it  appears  to 
me  that  1,800  and  some  odd  votes  were  cast  for  myself.  I  only  saw  a  statement  published 
in  a  Little  Rock  paper  after  the  votes  were  counted.  That  is  all  I  ever  saw  about  it. 

Question.  Were  there  loyal  votes  cast  that  you  did  not  receive  ? 

Answer.  Yes,  sir;  there  was  some  conflict  about  the  law  relative  to  the  modes  in  which  the 
returns  should  be  made.  Under  the  old  law  the  returns  were  to  be  made  by  the  judges  of 
election  to  the  county  clerks,  and  by  the  county  clerks  to  the  secretary  of  state.  Under  the 
new  law,  there  was  some  provision  that  the  returns  should  be  made  by  the  judges  of  election 
directly  to  the  secretary  of  state,  and  if  I  recollect  aright,  there  were  some  1,100  votes  cast 
for  me  by  persons  who  had  taken  the  oath,  but  only  some  600  of  the  votes  cast  were  returned 
in  exact  accordance  with  the  law  to  the  secretary  of  state ;  and  I  think  there  were  150  returned 
according  to  the  law,  and  some  400  given  under  oath  for  my  opponent. 

Question.  Speaking  generally,  did  all  those  people  take  the  oath  who  could  conscientiously 
take  it  ? 

Answer.  I  am  satisfied  that  there  were  some  who  did  not  take  it  who  could  properly  have 
done  so.  We  live  in  a  section  of  country  through  which  the  armies  were  moving  back  and 
forth,  and  the  people,  for  the  purpose  of  preserving  their  lives  and  property,  frequently  dis 
sembled.  There  were  conscientious  men  of  that  class  who  did  not  feel  at  exact  liberty  to 
take  the  oath.  They  felt  that  they  might  have  done  or  said  something,  although  they  were 
not  in  the  cause  of  the  rebellion,  that  might  be  construed  into  giving  aid  to  it. 

Question.  According  to  the  best  information  you  have,  what  number  of  votes  could  have 
been  given  in  your  district,  as  compared  with  the  vote  of  1860,  had  everybody  voted  who 
could  have  voted  in  J860  1 

Answer.  If  the  law  had  remained  the  same  as  in  I860,  when,  according  to  my  recollection, 
there  were  some  16,000  votes  given  at  that  election,  in  that  district  for  a  member  of  Congress, 
and  if  all  had  voted,  I  suppose  there  would  have  been  some  12,000  votes  given  last  fall. 
That  is  a  mere  supposition,  however,  but  it  is  according  to  my  best  judgment. 

Question.  If  the  franchise  should  be  restored  to  all  those  people,  how  would  they  exercise 
it  with  reference  to  the  election  of  Union  men,  or  men  who  had  been  connected  with  the 
rebellion? 

Answer.  As  a  general  thing,  I  think  they  would  vote  for  Union  men,  if  they  could  find 
those  whom  they  believed  to  be  suitable  men  for  the  office.  I  have  heard  the  universal  ex 
pression  from  those  who  were  in  the  rebellion  that  they  never  would  hereafter  cast  their  vote 
for  an  extreme  man.  They  look  upon  it  that  the  extreme  men  brought  this  war  upon  them, 
and  they  will  avoid  them  hereafter. 

Question.  Do  you  know  of  the  existence  of  any  organizations  in  your  State  with  reference 
to  secession  or  separation  should  opportunity  offer  ? 

Answer.  No,  sir,  and  I  am  satisfied  there  is  nothing  of  that  kind  in  that  section  of  the  country. 
General  Reynolds  sent  individuals  to  visit  each  county  and  make  special  inquiry,  and  tho 
governor,  a  few  days  ago,  sent  me  the  report  of  Captain  Payne,  who  visited  a  number  of  the 
counties  in  my  district.  I  put  that  report  among  the  papers  I  enclosed  to  you.  Captain 
Payne  says  that  he  was  informed  by  Captain  Mason,  of  Fulton,  and  Captain  Douthet,  of 
Lawrence,  there  are  such  organizations  in  those  counties,  but  other  good  Union  men  of 
those  counties,  who  had  equal  opportunities  of  information,  told  him  there  were  no  such  or 
ganizations.  He  states  how  he  received  his  information;  that  he  received  it  from  Captain 
Mason  and  Captain  Duuthet.  Those  two  mt'U  were  captains  in  the  Union  army,  and  did 
some  things  that  could  not  be  approved  by  even  good  Union  men,  and  there  is  some  personal 
hostility  against  them  in  the  neighborhoods  where  they  live,  and  there  may  have  been  com- 


58  RECONSTRUCTION. 

binations  among  a  certain  few  to  injure  those  two  men.  That  I  would  think  was  not  alto 
gether  improbable ;  but  as  to  any  organization  or  anything  of  the  kind  for  separation  or  seces 
sion,  I  am  satisfied  there  is  nothing  of  the  kind  in  that  country. 

Question.  If  the  military  power  of  the  general  government  and  the  Freedmen's  Bureau 
were  withdrawn  entirely  from  Arkansas  what  would  be  the  treatment  of  avowed  Union  men, 
men  who  have  been  loyal  during  the  war  ? 

Answer.  1  have  no  doubt  it  would  be  good.  There  are  there  exceptional  cases  :  there  is 
occasionally  a  Union  man  who  acted  badly  when  the  Union  army  was  there,  who  took  ad 
vantage  of  their  presence  to  wreak  his  vengeance  on  some  ol  his  secesh  neighbors;  and  theieare 
secessionists  who  acted  in  a  similar  manner  ;  and  there  may  be  personal  feuds  between  a  few 
of  the  people.  But  as  a  general  thing  there  is  a  determination  on  both  sides  to  live  in  peae# 
and  quiet. 

Question.  If  northern  men  were  to  migrate  into  your  section  of  the  country,  how  would  they 
be  received  ? 

Answer.  They  would  be  received  kindly.  It  has  always  been  so  in  that  section  of  the 
country. 

Question.  Was  it  so  before  the  war? 

Answer.  Yes,  sir  ;  and  is  so  yet. 

Question.  Do  you  know  of  any  combinations  in  reference  to  the  employment  of  freedmen? 

Answer.  No,  sir  ;  there  is  none  in  that  part  of  the  country. 

Question.  What  is  the  general  condition  of  the  freedmen  ? 

Answer.  The  freedmen  in  that  section  of  the  country  are  in  a  good  condition.  There  were 
not  many  slaves  there  before  the  war,  arid  those  that  were  there  were  used  kindly  and  well. 
They  had  nearly  as  many  physical  comforts  as  the  whites,  and  to  their  degree  of  intelligence  as 
u  wLole  were  as  happy.  They  were  well  cared  for  and  provided  for,  and  received  the  same 
food  and  things  of  that  kind  as  the  families  of  their  masters  did.  There  were  few  large  plan 
tations  in  the  immediate  section  of  country  where  I  live. 

Question.  But  lew  negroes  together '! 

Answer.  Yes,  sir.  But  along  the  Mississippi,  in  Phelps,  Crittendeu,  and  some  other 
counties,  there  were  larger  plantations  and  more  negroes,  So  far  as  I  have  learned  they  weie 
well  treated  there. 

Question.  What  wages  do  able-bodied  freedmen  receive  now  ? 

Answer.  From  twelve  to  fifteen  dollars  a  mouth  and  board;  and  the  whites  the  same. 

Question.  They  get  the  same  as  white  laborers  1 

Answer.  Yes,  sir. 

Question.  Has  anything  been  done  in  your  State  in  the  way  of  providing  schools  for  the 
freedmen  ? 

Answer.  Yes,  sir,  there  has  been  something  done.  Some  of  the  citizens  have  contributed 
something,  and  there  are  one  or  two  small  schools  for  the  I'reedmeu  in  the  section  of  country 
where  I  live.  And  so  far  as  I  have  conversed  with  the  people  on  the  subject  there  was  this 
disposition  :  there  is  a  feeling  among  the  southern  people  in  favor  of  keeping  the  black  race 
distinct  from  the  white  race  ;  in  certain  respects  not  to  mix  together.  There  would  be  a  feel 
ing  of  opposition  in  that  country  to  black  children  and  white  children  going  to  the  same 
school.  They  would  want  the  blacks  to  have  their  schools  and  churches  to  themselves,  and  the 
whites  to  have  their  schools  and  their  churches  to  themselves.  But  there  is  a  disposition  there 
to  give  the  blacks  all  the  civil  rights  the  whites  have,  save  that  of  voting.  There  is  a  dispo 
sition,  I  think,  to  divide  the  school  fund  with  them  for  the  education  of  their  children. 

Question.  Has  your  school  fund  been  preserved  during  the  war .' 

Answer.  The  most  of  it  has.  The  sixteenth  section  in  every  township  is  reserved  for  the 
use  of  common  schools.  Many  of  those  sections  had  been  sold  and  the  fund  put  at  interest. 
But  a  great  many  of  the  sections  have  not  been  sold  at  all,  but  still  remain  there  for  that  pur- 


Question.  Have  the  operations  of  the  Freedmen's  Bureau  been  extended  to  your  neigh 
borhood  ? 

Answer.  Yes,  sir.  Agents  came  there  with  the  army  after  the  surrender,  and  posts  were 
established  at  Batesville,  Jacksonsport,  and  other  places,  and  some  officer  connected  with  the 
army  had  charge  of  making  contracts  for  the  freedmen. 

Question.  Is  it  the  desire  of  the  people  that  the  Freedmen's  Bureau  should  be  removed  ? 

Answer.  I  think  they  are  indifferent  about  it  in  that  section  of  tlie  country.  We  have  no 
objection  to  it,  but  we  should  have  no  doubt  but  what  we  could  get  uluug  very  smoothly 
without  it. 

Question.  Has  the  Freedmen's  Bureau  to  your  knowledge  been  used  to  oppress  the  white 
people  or  to  wrong  them  in  any  way  ? 

Answer.  No,  sir;  not  in  that  section  of  the  country. 

Question.  It  has  been  honorably  managed  there? 

Answer.  Yes,  sir ;  and,  so  far  as  I  know,  in  tlmt  section  of  the  country  it  has  been  man 
aged  to  the  satisfaction  and  gratification  of  the  whites  and  blacks  both,  because  there  has  been 
a  general  disposition  on  the  part  of  both  whites  and  blacks  to  accommodate  themselves  so  far 
as  they  could  to  their  condition,  and  they  were  glad  to  have  a  mediator  between  them  to 
settle  f*uy  misunderstanding  that  might  arise. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  5  9 

Question.  Is  there  any  expectation  among  the  people  that  they  will  be  paid  by  the  gei.eral 
government  for  the  losses  they  have  sustained  during  the  war  ? 

Answer.  Not  by  tho  rebel  people.  The  Union  people  there  who  have  suffered  losses  have 
been  looking  forward  to  the  time  when  they  would  receive  some  remuneration. 

Question.  Did  you  remain  in  Arkansas  during  the  war  ? 

Auswrer.  Yes,  sir,  all  the  time  ;  I  was  taken  down  with  what  some  physicians  called  palsy, 
others  neuralgia,  and  others  rheumatism,  about  a  year  before  the  war  commenced,  and  a 
great  portion  of  the  time  I  was  confined  to  my  house. 

Question.  Did  you  take  part  in  the  war  in  any  way  ? 

Answer.  I  was  elected  judge  under  the  old  law.  When  the  convention  met  and  passed 
the  ordinance  of  secession,  they  also  passed  an  ordinance  requiring  every  officer  in  the  civil 
government  of  the  State  to  take  an  oath  of  allegiance  to  the  government  of  the  Confederate 
States  within  a  certain  time,  or  their  offices  would  be  declared  vacant.  I  held  courts  for 
about  six  months  alter  secession,  but  I  never  took  any  oath  of  allegiance  to  the  Confederate 
States,  and  when  it  would  be  necessary  either  to  do  that  or  not  to  hold  the  courts  I  tendered 
niy  resignation.  If  that  was  a  participation  in  the  war,  holding  the  courts  after  the  ordi 
nance  of  secession  was  passed  then  I  participated  in  it. 

Question.  You  took  no  oath  to  support  the  confederacy  ? 

Answer.  No,  sir ;  and  when  General  Curtis  came  into  that  section  of  country  he  adopted 
the  general  rule  that  Union  men  and  all  should  take  the  oath  of  allegiance  to  the  United 
States  government,  and  I  think  I  was  among  the  first  who  took  it.  lie  told  me  he  wranted 
me  to  do  it  as  an  example  to  others.  When  the  amnesty  proclamation  was  issued  by  Presi 
dent  Lincoln,  I  took  the  oath  of  amnesty ;  and  wrheu  President  Johnson  issued  the  proclama 
tion  again,  I  took  the  oath  again.  I  did  that  to  encourage  the  people  to  take  it. 

Question.  Have  there  been  any  pardons  granted  by  the  President  to  persons  in  your 
vicinity  ? 

Answer.  Very  few  were  under  the  necessity  of  asking  for  pardon.  In  the  immediate  sec 
tion  of  country  where  I  live,  I  do  not  know  of  any ;  I  know  of  one  or  two  in  some  of  the 
adjoining  counties.  There  were  very  few  of  the  excepted  classes  there. 

Question.  So  far  as  you  know,  how  do  the  civil  rights  of  negroes  differ  from  those  of  the 
whites  in  the  State  of  Arkansas  ? 

Answer.  Before  the  rebellion,  free  negroes  could  sue  and  be  sued,  and  acquire  and  dispose 
of  property,  real  and  personal ;  I  do  not  recollect  of  any  statute  specially  authorizing  them, 
to  hold  real  property,  but  I  know  they  did  buy  and  sell  real  property  in  Arkansas.  Sec.  1, 
Part  II,  chap.  51,  Gould's  Digest  of  Statutes  of  the  State  of  Arkansas,  provides,  "Free 
negroes  and  mulattoes  shall  be  liable  for  trespasses  and  felonies  to  the  same  extent  and  man 
ner  that  white  persons  are,  and  tried  in  like  manner,  except  that  persons  of  their  own  color 
shall  be  competent  witnesses  to  testify  for  or  against  such  free  negro  or  mulatto."  Sec.  25, 
chap.  18 J,  Gould's  Digest,  provides  that,  "No  negro  or  mulatto,  bond  or  free,  shall  be  a 
competent  witness  in  any  case,  except  in  cases  in  which  all  the  parties  are  negroes  or 
muiattoes,  or  in  which  the  State  is  plaintiff,  and  a  negro  or  mulatto,  or  negroes  or  mulattoes, 
are  deiendants."  Such  was  the  law  before  the  adoption  of  our  present  State  constitution. 
Under  their  present  status,  I  suppose  they  could  make  contracts,  sue  and  be  sued,  acquire 
and  dispose  of  property,  real  and  personal,  the  same  as  tho  whites. 


WASHINGTON,  Ftbruary  3,  1866. 
Mailton  J.  Safford  sworn  and  examined. 
By  Mr.  BOUTWELL: 

Question.  State  your  name,  age,  and  residence. 

Answer.  My  name  is  Mailton  J.  Safford ;  my  age  is  thirty-seven ;  I  reside  at  Montgomery, 
Alabama. 

Question.  How  long  have  you  lived  in  Alabama,  and  in  what  have  you  been  engaged 
while  living  there  ? 

Answer.  Since  1856.     I  have  been  residing  in  Montgomery,  practicing  law. 

Question.  \Vhere  did  you  reside  previous  to  that  time  ? 

Answer.  Previous  to  that  time  I  resided  in  Dallas  county  and  in  Lowndes  county.  I  was 
born  in  Dallas  county. 

Question.  What  means,  if  any,  have  you  had  since  Lee's  surrender  of  ascertaining  the 
sentiments  of  the  people  of  Alabama,  or  any  portion  of  them  ? 

Answer.  I  have  been  a  practicing  lawyer  in  Montgomery,  connected  in  a  good  degree  with 
politics,  reading  the  public  papers,  and  communicating  with  prominent  men  in  various  parts 
of  the  State,  personally  and  by  letter. 

Question.  Does  the  legislature  of  the  State  sit  at  Montgomery  ? 

Answer".  Yes,  sir. 

Question.  Has  it  been  in  session  since  Lee's  surrender? 

Answer.  It  has  been  in  session  since  the  1st  of  December,  I  believe,  or  since  some  time  in 
November.  The  precise  time  I  do  not  remember.  It  is  now  in  session. 


60  RECONSTRUCTION. 

Question.  Have  you  any  means  of  knowing  the  opinions  of  its  members? 

Answer.  I  have  this  means:  I  have  mixed  with  them,  conversed  with  them,  observed  their 
proceedings,  their  votes,  &c. 

Question.  What  conclusions  have  you  reached  as  to  the  loyalty  or  disloyalty  of  the  people 
of  Alabama  ? 

Answer.  My  opinion  is  that  the,  political  control  of  the  State  is  now  in  the  hands  of  men 
who  have  heretofore  been  prominently  disloyal  to  the  United  States  government,  and  who 
now  propose  to  keep  the  power  of  the  State  in  their  hands.  The  purpose  for  which  this  is 
done  is,  of  course,  to  protect  themselves  against  the  opprobrium  which  might  attach  to  their 
condition  of  treason  and  disloyalty.  I  sent  to  Mr.  Sumner  some  two  months  ago  a  long, 
elaborate  exposition  of  my  views,  which  I  suppose  he  has  laid  before  this  committee.  That 
would  give  a  more  extended  and  thorough  exposition  of  the  whole  subject  than  I  shall  be- 
able  to  give  in  this  short  verbal  examination. 

It  will  be  necessary  for  me  to  say,  before  coming  to  the  precise  condition  of  the  people  of 
that  State  at  the  present  time,  that  at  the  time  of  Lee's  surrender  there  was  organized  in  the 
State  of  Alabama  what  was  understood  to  be  a  Reconstruction  or  Union  party.  That  party 
had  a  controlling  majority  in  the  lower  house  of  the  legislature.  The  old  senate,  under  the 
constitution  adopted  about  the  date  of  secession,  held  over,  so  that  the  senate  remained 
pretty  much  as  it  was  at  the  time  the  State  seceded.  The  house  could  accomplish  nothing 
without  the  co-operation  of  the  senate,  and  no  progress  was  made.  During  the  year  186o 
the  Union  or  Reconstruction  party,  of  which  I  was  a  member,  had  a  very  confident  hope  of 
obtaining  the  governorship  and  the  senate,  which  was  for  the  first  time  to  be  elected  under 
the  new  constitution,  and  so  obtain  control  of  the  State.  But  the  invasion  of  the  State  by 
General  Wilson  and  by  the  16th  United  States  army  corps  happened  about  the  time 
the  election  was  to  take  place,  and  a  new  phase  altogether  was  presented. 

Immediately  after  the  surrender  of  the  confederate  forces,  the  rebel  influence  was  very  much 
appalled,  overthrown,  and  destroyed  there.  The  rebels  were  very  much  subjugated,  to  tell 
you  the  truth,  and  made  strong  professions  of  submission  to  the  government.  For  a  time, 
the  Union  men  of  the  State,  those  of  us  who  had  antagonized  the  rebels  for  four  years,  thought 
their  power  was  entirely  broken  and  gone.  But  soon  afterwards  they  began  very  industri 
ously  to  propagate  the  idea  (and  the  policy  adopted  by  President  Johnson  seemed  to  favor 
the  idea)  that  they  might  have  great  hope  of  regaining  their  ascendancy  to  some  extent  iu 
that  State.  I  say  they  entertained  that  hope  from  facts  which  carne  into  my  possession. 
They  represented,  for  instance,  that  President  Johnson  thought  more  highly  of  rebel  influ 
ence  than  he  did  of  that  of  Union  men.  They  would  cite  such  instances  as  this  :  that  a  prom 
inent  Union  man  would  go  to  see  the  President  to  get  his  pardon,  and  state  to  him  that  he 
had  been  as  much  of  a  Union  man  as  a  man  could  be  in  his  circumstances  for  the  last  four 
years.  President  Johnson  would  say,  "  I  am  delighted  to  hear  that."  But,  in  the  course  of 
the  conversation,  the  Union  man  would  teli  the  President  that  at  one  time  it  became  neces 
sary  for  him  to  become  somewhat  complicated  with  the  rebellion ;  that  he  was  compelled  to 
sell  some  cotton  to  the  southern  confederacy  to  raise  means,  and,  being  worth  $^0,000,  he 
therefore  came  within  the  exceptions  of  the  President's  proclamation.  The  President  would 
reply,  "Well,  sir,  it  seems  you  were  a  Union  man  who  was  willing  to  let  the  Union  slide, 
and  now  I  will  let  you  slide."  Another  man  from  the  other  side  would  come  in,  as  they  tell 
it  of  Judge  Cochran,  of  Alabama,  representing  to  the  President  that  he  had  been  a  very  prom 
inent  rebel ;  that  he  had  done  all  he  could  to  bring  about  secession ;  that  when  his  State  se 
ceded  he  took  his  gun  and  fought  in  the  ranks  as  a  private;  that  he  regretted  very  much  the 
war  had  resulted  as  it  had  ;  that  he  was  very  sorry  the  rebels  had  not  been  able  to  sustain 
themselves  longer.  In  all  respects  he  represented  himself  as  a  very  rabid,  bitter,  unrepeutiug 
rebel.  The  President  asked  him,  "Upon  what  ground  do  you  base  your  application  for 
pardon  ?  I  do  not  see  anything  in  your  statement  to  justify  you  iu  making'such  an  applica 
tion."  Judge  Cochrane  replied.  "Air.  President,  I  read  that  where  sin  abounds,  mercy  and 
grace  doth  much  more  abound,  and  it  is  upon  that  principle  that  I  ask  for  a  pardon."  The 
President  immediately  directed  the  pardon  to  be  given.  In  that  way  they  have  represented 
that  the  President  is  with  them.  Others  have  represented  that  the  President  is  proposing  to 
build  up  a  party,  composed  of  a  united  south,  the  northern  democracy,  and  such  influ 
ence  as  he  can  bring  to  bear,  by  virtue  of  his  patronage,  upon  the  republican  party,  to  control 
the  government  and  re-elect  him  President  in  1868.  That  seems  to  be  their  policy,  as  far  as  I 
could  learn.  So  great  wus  their  confidence  that  they  immediately  set  to  work  to  obtain  the 
control  of  the  convention  called  to  take  the  State  back  again  into  the  Union.  They  succeeded 
in  obtaining  a  large  majority  of  that  convention  and  in  controlling  the  election  of  members  of 
Congress  and  of  members  ot  the  legislature.  They  have  succeeded  in  manufacturing  a  public 
opinion  which  makes  treason  creditable  and  loyalty  to  the  government  discreditable.  They 
have  ostracised,  so  far  as  they  conveniently  or  prudently  could,  all  Union  men  from  the  po 
litical  power  of  the  State.  They  denounce  men  who  have  adhered  to  the  United  States  gov 
ernment  as  traitors,  and  charge  them  with  being  the  cause  of  the  failure  of  the  confederacy, 
by  creating  a  division  of  their  councils.  That  is  the  present  condition  of  Alabama.  There 
is  really  a  strong  Union  element  there,  which,  if  it  could  be  organized,  would  be  very  valu 
able  to  the  United  States  government. 
Question.  What  proportion  of  the  people  of  Alabama,  if  left  to  themselves,  would  prefer 


ARKANSAS — GEORGIA — MISSISSIPPI ALABAMA.  6  1 

the  national  government  to  the  establishment  of  the  confederacy,  if  the  establishment  of  the 
confederacy  were  possible  ? 

Answer.  Taking  the  entire  voting  population,  if  the  matter  could  be  presented  under  all 
the  influences  as  they  exist  just  now,  I  should  suppose  there  would  be  twenty  or  twenty-five 
thousand  Union  votes  in  the  State. 

Question.  What  is  the  aggregate  vote  of  the  State  ? 

Answer.  My  present  impression  is,  without  being  able  to  ascertain  very  definitely,  that  it 
is  somewhere  about  seventy-five  or  eighty  thousand.  An  explanation  would  make  that  more 
satisfactory.  About  all  the  northern  portion  of  the  State,  with  the  exception  of  the  rich, 
alluvial  lands  on  the  Tennessee,  particularly  the  mountain  counties,  including  several  large 
counties  in  eastern  Alabama,  and  the  lumber  counties  in  south  Alabama,  have  heretofore 
•  had  a  large  population  which  might  have  been  called  a  non-slaveholding  population,  a  poor 
white  population,  though  possessing,  many  of  them,  a  good  deal  of  intelligence.  There  has 
always  been  a  certain  degree  of  antagonism  between  them  and  the  planters  occupying  the 
rich  interior  counties  of  the  State.  They  have  for  a  long  time  felt  that  the  free  institutions 
of  the  north  were  more  calculated  to  advance  their  interests  than  the  slave  institutions  of  the 
south.  A  great  many  of  them  showed  their  adhesion  to  the  United  States  governmeur  dur 
ing  the  war.  Now,  if  the  government  would  foster  and  encourage  Unionism  in  Alabama, 


until  that  population  could  by  proper  appliances  be  concentrated  and  organized,  there  is  the 
material  for  a  large,  reliable,  white  Union  party  in  that  State;  but,  at  the  present  time,  while 
the  disloyal  men  have  not  only  the  control  of  the  political  power  of  the  State,  but  are  per 


mitted  to  manufacture  a  public  sentiment  to  suit  themselves,  very  little  can  be  done  by  the 
Union  men,  especially  while  the  disloyal  men  hold  with  much  plausibility  that  the  President 
is  entirely  with  them,  and  virtually  looks  to  them,  as  the  men  who  have  heretofore  controlled 
the  reins  of  government,  to  whip  in  the  Union  party  to  his  and  their  support.  Any  man  in 
Alabama  now,  who  would  come  out  arid  openly  avow  himself  in  favor  of  co-operation  with 
the  Union  party  at  the  north,  would  at  once  be  placed  under  the  ban  of  this  proscription. 
He  would  be  charged  with  being  a  radical,  with  being  in  favor  of  negro  suffrage,  as  one  in 
favor  of  negro  equality,  who  would  invite  the  negro  into  his  parlor,  to  marry  his  daughter, 
&c.  A  terribly  prescriptive  power  would  be  brought  to  bear  upon  him.  As  to  particular, 
isolated  facts  of  acts  of  cruelty  upon  the  colored  population  by  those  who  have  been  in  the 
rebellion,  I  do  not  know  that  I  could  give  many  of  them.  I  was  told  by  a  gentleman  whom 
I  regarded  as  a  man  of  character  that  in  the  southern  part  of  the  State  some  of  the  white 
men  who,  alter  the  occupation  of  Pensacola  by  the  United  States  military  forces,  went  into 
the  federal  lines,  and  since  the  surrender  have  returned  to  their  old  homes,  have  been  driven 
out,  some  of  them  hung,  and  some  of  them  shot,  by  squads  of  rebel  soldiers,  who  would 
organize,  take  rations  for  three  or  four  days,  go  off,  and,  after  two  or  three  days,  come  back 
and  report  that  they  had  not  seen  or  heard  of  anybody ;  but  in  a  few  days  it  would  transpire 
that  some  men  had  been  hung,  some  shot,  and  others  run  off.  So  this  gentleman  told  me, 
and  he  is  a  man  whom  I  consider  reliable.  The  disposition  of  the  people  of  Alabama  towards 
the  colored  man  is  indicated  by  the  public  acts  of  the  legislature.  For  instance :  the  legisla 
ture  recently  passed  a  bill  which  had  for  its  ostensible  object  the  protection  of  the  freedmen, 
which  provided  that  where  any  citizen  rented  to  a  freedman  any  house  or  tenement  he  should 
become  responsible  for  his  taxes,  for  his  physician's  bill,  &c.  It  was  well  understood  that 
the  object  was  to  drive  the  freedmen  out  of  the  cities  on  to  the  farms,  the  responsibility  placed 


upon  landlords  who  should  rent  property  to  them  being  so  great  us  to  amount  practically  to 
an  inhiimiou  against  renting  to  freedmen.  That  indicates  the  character  and  feeling  of  the 
rebels  there.  There  is  no  question  that  but  for  the  protecting  power  of  Congress  they  would 
really  01  virtually  enslave  the  freedmen  again.  At  the  same  time,  I  think  a  good  many  of 
these  men,  who  were  formerly  rebels  or  secessionists,  are  earnestly  desirous  of  becoming,  and 
are  trying  to  make,  good  citizens  ;  but  they  are  not  those  Avho  have  heretofore  mixed  much  in 
polities,  or  have  had  any  controlling  influence  in  forming  the  public  sentiment  of  the  State. 

Question.  Has  there  been  any  other  legislation  in  Alabama  in  reference  to  the  freedmen  ? 

Answer.  Yes,  sir ;  there  were  three  bills  passed  by  the  legislature  before  their  adjourn 
ment  for  the  Christmas  holidays.  I  should  prefer  to  get  you  a  copy  of  the  bills  and  send 
them  to  you,  rather  than  undertake  to  state  their  substance  from  memory.  They  were  pretty 
much  the  same  in  their  tenor  and  purpose.  Governor  Patton,  under  the  enlightening  in 
fluence  of  the  holidays,  vetoed  them  after  he  returned.  Governor  Patton  is  a  man  of  great 
purity  of  private  character,  and  was  originally  a  conservative  man,  opposed  to  secession  and 
rebellion,  but  he  is  not  a  mau'of  great  firmness  of  character.  He  is  such  a  man  as  could  be 
made  to  bend  under  rebel  influence.  It  is  well  understood  in  Alabama  that  he  was  elected 
under  rebel  influence  in  the  last  election.  They  were  afraid  to  run  and  elect  a  man  who  had 
been  prominent  as  a  rebel :  they  preferred  a  man  not  obnoxious  to  the  charge  of  having  been 
a  rebel,  but  who  was  sufficiently  pliable  to  yield  to  their  influence:  and  so  they  took  Gover 
nor  Patton  and  elected  him.  The  members  of  Congress  from  Alabama  are  none  of  them 
reliable  Union  men;  they  were  elected  by  the  rebel  element,  every  one  of  them.  Governor 
Parsons,  who  I  find  is  exercising  considerable  influence  here,  was  unquestionably  a  Union 
man  during  the  war.  I  co-operated  with  him  in  every  convention  and  e\ery  caucus.  The 
only  misfortune  in  reference  to  Governor  Parsous's  course  has  been,  during  the  whole  time, 
one  indicating  great  weakness,  and  when  the  surrender  took  place,  and  initiatory  steps  were 


62  RECONSTRUCTION 

taken  towards  reconstruction  by  the  people  of  Montgomery,  Governor  Parsons  then,  un 
fortunately,  took  the  position  that  it  was  our  duty  to  proscribe  proscription;  that  the  proper 
course  was  one  of  conciliation  towards  the  rebels,  and  to  put  them  forward  in  any  movement 
looking  towards  restoration.  He  came  on  here  and  was  appointed  provisional  governor  by 
President  Johnson,  bringing  with  him  a  letter  in  which  he  advocated  authorizing  Governor 
Watts  to  convene  th-3  rebel  legislature,  to  take  steps  for  bringing  back  Alabama  into  the 
Union.  I  had  a  letter  in  which  the  plan  of  authorizing  the  provisional  governor  to  call  a 
convention  for  that  purpose  was  advocated.  This  plan  Governor  Parsons,  in  conversation, 
strongly  resisted,  and  it  was  finally  arranged  that  both  letters  should  be  brought  on  here. 
Since  Governor  Parsons  returned  to  Alabama,  he  has  carried  out  the  policy  of  proscribing 
proscription.  H6  has  yielded  far  more  to  the  influence  of  the  rebels  than  to  that  of  Union 
men.  The  Union  men  have  less  confidence  in  the  judgment  and  in  the  disposition  of  Gov 
ernor  Parsons  to  do  them  service  than  they  had  at  first.  At  the  same  time,  I  do  not  concur 
in  the  wholesale  attacks  upon  Governor  Parsons  I  have  seen  made  in  some  of  the  paper.s, 
because  I  know  that  he  unquestionably  was  a  Union  man  ;  I  think  he  commits  more  errors 
of  judgment  than  of  the  heart.  If  I  may  be  indulged  in  a  word  as  to  the  future,  I  will  say, 
that  if  we  can  be  assured  of  the  protection  of  the  United  States  government  until  we  can  ex 
tend,  for  instance,  the  Union  League,  or  some  such  organization  of  white  loyal  men,  over 
Alabama,  with  the  rapid  influx  of  northern  men  emigrating  there,  I  think,  in  a  short  time  a 
strong  national  party,  co-operating  with  the  Union  party  of  the  north,  could  be  organized  in 
that  State.  I  will  not  say  more  at  this  stage  of  progress.  If  you  compel  us  to  carry  through 
universal  suffrage  of  colored  men  over  twenty-one  years  of  age,  without  qualification,  it  will 
prove  quite  an  incubusupon  us  in  the  organization  of  a  national  Union  party  of  white  men  there ; 
it  will  furnish  our  opponents  with  a  very  effective  weapon  of  warfare  against  us  ;  at  the  same 
time,  I  want  it  understood  that  I  have  no  prejudice  whatever  against  qualified  negro  suffrage. 
I  think  the  government  of  the  United  States  is  committed,  by  all  its  past  legislation,  to  the 
policy  of  exercising  some  restriction  upon  the  right  of  universal  suffrage.  Foreigners  have 
not  been  permitted  to  vote  until  after  a  certain  term  of  residence  in  this  country;  minors 
have  not  been  permitted  to  vote  until  arriving  at  a  certain  age.  If  the  United  States  govern 
ment,  then,  recognizes  the  fact  that  some  restrictions  are  necessary  and  proper,  it  would 
seem  to  me  that  in  an  immense  mass  of  colored  people,  who  have  just  now  had  the  chains 
stricken  from  them,  who  have  been  kept  down  under  an  institution,  one  feature  of  which  has 
been  founded  in  a  belief  that  ignorance  added  to  their  value  as  slaves,  it  would  not  be  wise 
or  proper  to  enfranchise  the  whole  of  them  now  ;  at  the  same  time,  I  concede  that,  with  the 
proper  qualifications,  I  would  as  soon  see  a  black  man  as  a  white  man  vote.  I  have  no 
prejudice  against  color.  I  think  there  are  a  great  many  white  men  there  who  ought  not  to 
have  the  right  to  vote. 

Question.  Are  there  any  obstacles  in  the  way  of  the  black  man  obtaining  civil  rights  or 
the  ownership  of  laud  in  the  State  of  Alabama  ? 

Answer.  I  think  there  is,  and  I  can  illustrate  it  in  this  way :  I  defended  a  case  for  com 
mitment  in  Alabama  before  a  magistrate.  A  body  servant  of  General  Davis,  then  command 
ing  in  Alabama,  was  shot  by  a  white  man.  It  seems  that  the  difficulty  grew  out  of  the  lact 
that  during  the  term  of  slavery  of  this  colored  man,  before  the  surrender,  the  white  man  had 
been  on  terms  of  improper  intimacy  with  a  colored  woman  who  this  colored  man  wanted  to 
marry  ;  that  he  was  prevented  from  doing  so  by  the  threats  of  the  white  man  until  alter  the 
surrender ;  he  then  did  either  marry  her  or  live  with  her  without  marrying ;  at  any  rate  they 
were  liviug  together  when  this  white  man  returned  from  the  war  to  Montgomery.  They 
managed  to  get  into  some  difficulty,  in  which  the  white  man  shot  him.  When  the  case  came 
up  for  trial,  at  the  request  of  General  Davis,  I  represented  the  colored  man.  Testimony  oil 
his  side  was  given  by  a  colored  man,  a  friend  of  his,  that  the  white  man  was  the  agressor; 
that  they  got  into  some  difficulty,  in  which  the  white  man  drew  his  pistol  and  shot  him  down, 
uud  as  he  rose  shot  him  again.  They  then  introduced  on  the  other  s:de  two  or  three  chil 
dren  not  of  sufficient  age  to  have  a  character  for  truth  and  veracity.  One  swore  that  she 
was  looking  out  of  a  window,  and  the  other  that  she  was  in  an  adjoining  room,  and  that  the 
colored  man  diew  his  pistol  and  snapped  twice  at  the  white  man.  The  point  I  made  was 
this  :  I  was  disposed  to  give  more  credeiice  to  the  testimony  of  a  respectable  colored  mail 
than  to  that  of  two  or  three  white  children  who  could  be  found  anywhere  and  made  to  swear, 
but  you  could  not  find  a  white  magistrate  in  the  whole  State  to  credit  the  testimony  of  a 
negro,  even  as  against  a  white  child  ;  in  other  words,  the  public  sentiment  predominant  in 
the  State  is  such,  that  I  may  answer  your  question  by  saying  that,  in  my  judgment,  there 
aie  serious  obstacles  in  the  way  of  civil  rights  being  accorded  to  the  colored  man. 

Question.  How  is  it  in  regard  to  the  purchase  of  land  by  negroes? 

Answer    This  same  sentiment  would  antagonize  it  in  to  to. 

Question  In  your  judgment,  would  it  be  wise  for  the  government  to  withdraw  the  troops 
and  the  Fieedmeu's  Bureau,  and  leave  the  affairs  of  Alabama  entirely  to  the  management  of 
the  local  authorities  there? 

Answer.  I  would  give  a  very  decided  "No"  to  that. 

Question.  What  would  be  its  effect  upon  well  known  Union  men? 

Answer.  Well,  sir,  J  think  public  sentiment  would  so  proscribe  them,  socially  and  politi 
cally,  that  they  would  find  a  residence  in  Alabama  so  disagreeable  as  to  rpsult  in  those  who 
were  able  to  leave  the  State  doing  so. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  G3 

Question.  What  would  be  the  effect  upon  the  emigration  into  the  State  from  the  north  ? 

Answer.  I  think  it  would  prevent  it;  I  think  northern  men  would  much  prefer  to  look  to 
Congress  than  to  the  public  sentiment  of  Alabama  for  protection. 

Question.  What  would  be  the  probable  effect  upon  the  freedmen  ? 

Answer.  I  think  if  the  United  States  troops  were  withdrawn,  and  the  militia  organizations 
of  the  State  passed  into  the  hands  of  ex  rebel  soldiers,  the  freedmen  would  be  virtually  en 
slaved. 

Question.  Is  there  any  State  militia  organization  there  ? 

Answer.  I  think  the  legislature  were  about  organizing  one  when  I  left  there ;  I  think  the 
bill  has  since  passed  ;  I  will  not  be  positive  on  that  point. 

Question.  As  far  as  you  know,  has  there  been  any  oppression  of  the  white  people  by  the 
Freedmen's  Bureau  ? 

Answer.  I  know  of  no  instance. 

Question.  What  is  the  opinion  of  the  Union  men  of  Alabama  in  reference  to  the  Freed- 
men's  Bureau? 

Answer.  As  far  as  I  have  been  able  to  discover,  the-  opinion  is  that  it  is  absolutely  neces 
sary  fo  rthe  protection  of  the  freedmen,  and  very  desirable  for  the  present  organization  of  that 
labor  —that  altogether  it  is  beneficial  and  desirable. 

Question.  Do  you  know  anything  of  any  secret  organizations  in  Alabama  among  those 
who  have  been  in  the  rebellion  ? 

Answer.  I  do  not.  My  position  is  so  well  known  they  would  very  carefully  conceal  any 
thing  of  the  kind  from  me.  I  do  not  know  of  anything  more  than  their  ordinary  party  organi 
zations. 

Question.  Is  there  any  expectation  expressed  that  the  national  government  will  compen 
sate  persons  for  losses  sustained  by  the  operations  of  the  Union  army  in  Alabama  ? 

Answer.  Yes,  sir;  there  is  an  opinion,  or  I  might  say  a  hope,  that  the  national  government 
will  compensate  loyal  men  for  the  losses  they  have  sustained.  I  do  riot  know  tha*  the  rebels 
have  such  a  hope.  Men  who  can  show  an  unquestionable  Union  record  entertain  a  sort  of 
hope  that,  if  at  some  time  the  financial  condition  should  be  in  a  favorable  condition,  they 
may  be  reimbursed.  I  do  not  know  that  they  have  any  right  to  base  such  a  hope  upon  any 
thing  that  has  been  done. 

Let  me  say,  that  I  am  not  in  favor  of  proscription.  The  only  desire  I  have  is,  that  such 
a  course  may  bo  pursued  towards  our  people  as  shall  secure  a  predominant  loyal  sentiment 
towards  the  United  States  government.  1  do  not  desire  to  see  those  who  have  been  in  the 
rebellion  treated  with  unnecessary  severity  or  harshness. 


»          WASHINGTON,  February  7,  18C6. 
David  C.  Humphreys  sworn  and  examied. 

By  Mr.  BOUTWELL  : 

Question.  Where  do  you  reside? 

Answer.  At  Huntsville,  Madison  county,  Alabama. 

Question.  How  long  have  you  resided  there? 

Answer.  I  have  resided  in  Huutsville  for  twenty  years  past.  I  was  born  and  raised  in 
(he  State  of  Alabama. 

Question.  When  did  you  leave  there? 

•  Answer.  I  came  uiiectly  from  there  to  this  place  on  business,  arriving  here  on  the  first  day 
of  December  lust. 

Question.  Have  you  had  any  official  connexion  with  the  State  government  of  Alabama  at 
anv  time  ?  and  ii  so,  please  state  what  connexion,  and  when. 

Answer.  Since  184.5  1  have  been  frequently  a  member  of  the  legislature  of  Alabama,  and 
although  I  have  never  aspired  to  official  position,  I  was  all  over  the  State  in  I860,  speaking 
in  Uwor  of  the  Douglas  p.-esidential  ticket. 

Question.  Were  you  a  candidate  for  elector  on  the  Douglas  ticket? 

Answer.  No,  sir,  not  exactly,  I  was  a  supernumerary ;  I  had  been  at  the  Charleston  con 
vention,  in  166C,  and  had  also  been  in  the  State  of  Illinois,  and  1  went  over  the  State  of 
Alabama,  speaking  in  favor  of  the  Douglas  ticket.  In  J848  I  was  a  candidate  for  elector 
on  the  Cass  presidential  ticket. 

Question.  What  means  have  you  had  since  Lee's  surrender  of  ascertaining  the  public 
scnnment  of  the  people  of  your  vicinity,  or  throughout  the  State  of  Alabama  ? 

Answer.  I  have  ming'ed  wi;h  the  people  in  the  county  where  I  reside  by  attending  pub 
lic  meetings  there,  and  I  have  conversed  with  persons  from  the  whole  valley  region  who 
have  visited  me  at  Huntsvil.e.  I  have  seen  men  from  the  southern  portion  of  the  State, 
though  I  have  not  been  there  myself  since  the  surrender.  •  I  have  not  visited  the  southern 
portion  of  the  State  since  J8I54. 

Question  So  far  as  you  have  observed,  what  is  the  sentiment  of  the  people  with  reference 
to  the  government,  loyal  or  otherwise  ? 

Answer.  I  want  to  be  carHul  and  particular  about  my  statement,  and  it  would  require  a 
little  explanation. 


64  RECONSTRUCTION. 


Question.  Make  your  statement  in  your  own  way,  with  all  the  qualifications  you  may 
consider  necessary. 

Answer.  So  far  as  armed  opposition  to  the  national  government  is  concerned,  I  think  the 
people  are  convinced  that  it  would  be  utterly  futile  to  attempt  anything  of  the  sort  and  I 
apprehend  nothing  of  that  sort  will  be  thought  of  at  present,  if  ever.  It  is  rather  difficult 
to  get  at  the  precise  state  of  feeling  there.  There  is  a  feeling  of  hostility  to  the  Union  in 
the  minds  of  a  large  portion  of  the  people  ;  that  is,  a  hatred  of  the  idea  ot  submitting  to  the 
laws  of  the  United  States,  when  they  think  they  occupy  the  attitude  ot  a  subjugated  people. 
Then  there  are  a  large  number  of  our  people  who  have  always  been  attached  to,  and  in  tifie 
tion  truly  loyal  to,  the  Union.  A  portion  of  the  people  have  been  in  favor  et  the  Union 
from  judgment  and  from  motives  of  interest.  But  taking  the  entire  population  together, 
thi*  is  the  conclusion  that  I  reach— and  the  result  of  the  election  shows  its  correctness— that 
they  are  not  now  or  were  not  at  the  time  of  the  election,  in  u  situation  to  appreciate  properly 
the  changed  condition  of  affairs,  and  if  left  to  themselves  they  would  not  tor  years  give  t 
the  freedmen  that  share  of  civil  rights  to  which,  by  the  amended  constitution  and  the  changed 
condition  of  affairs,  they  are  now  entitled.  There  is  no  doubt  in  my  mind  upon  that  point. 
Even  the  Union  men  would  not  be  prepared  to  do  it  at  present,  and  it  might  be  years  before 
they  would  do  it;  and  even  then,  if  the  pressure  upon  them  was  not  permanent  it  wouk 
be  natural  for  them  to  try  to  keep  a  class  of  the  population  below  them.  It  all  who  are 
Union,  or  who  might  easily  be  led  to  become  so,  would  act  together,  I  do  not  think  those 
who  are  hostile  to  the  Union  could  long  keep  the  control  of  affairs,  lo  use  the  language  ot 
General  Grant,  the  sensible,  thinking  men  are  willing  to  abide  the  result ;  but  there  is  too 
much  disposition  among  many  of  the  leaders,  those  who  seek  position,  to  pander  to  the  preju 
dices  of  the  people;  and  such  is  the  state  of  things  there  that  the  thinking  men  are  not  now 
controlling  the  mass  of  the  people.  1  think  that  is  about  as  correct  a  representation  ot  the 
general  sentiment  of  the  people  as  I  can  give.  It  is  my  opinion  that  the  tone,  temper,  and 
disposition  of  the  State  are  not  sufficiently  up  to  the  requirements  and  spirit  ot  the  times 
make  it  advisable  to  leave  the  State  authorities  to  make  all  local  regulations  m  regard 
freedmen  or  to  people  of  Union  sentiments. 

Question.  If  the  military  of  the  government  and  the  Jreedmen's  Bureau  were  to-be  wholl} 
withdrawn  from  Alabama,  what,  in  your  opinion,  would  be  the  condition  ot  the  Lnio 


_  only  judge  in  regard  to  that  from  the  acts  which  the  legislature  attempted 
to  pass'  ""The  legislature  met  in  December,  and  took  a  recess  at  Christmas.  Its  acts  were  all 
discriminating  against  the  negro,  and  J  think  without  the  presence  of  government  authority 
we  would  have  turmoil  for  a  while  decidedly.  1  think  that,  for  the  good  ot  the  population 
of  the  State  both  white  and  black,  even  of  those  who  might  be  called  secessionists  or  rebels, 
I  think  that  prudence  and  every  consideration  of  the  good  of  the  whole  people  requires 
the  organized  presence  of  the  power  of  the  federal  government  in  some  form  should  continue 
to  be  exhibited  there.  There  is  this  thiug*to  be  taken  into  consideration  m  this  matter:  tor 
nearly  five  years  everything  has  been  in  a  disjointed  condition  there.  Capital  i 
needed  there;  and  if  things  could  once  more  be  settled  down  there,  so  that  the  orderly  por 
tion  of  the  community  could  get  the  control  of  affairs,  as  they  had  before  the  disruption  ot 
society  there,  there  would,  perhaps,  be  no  particular  difficulty,  and  I  think  in  the  course  ot  a 
year  or  two,  with  proper  action  by  Congress  here,  the  State  would  perceive  that  it  must  con 
form  its  legislation  to  the  policy  of  the  government,  and  things  might  again  become  quiet, 
except  pci  haps,  in  this  respect*,  in  the  cotton  districts,  where  the  negro  population  predom 
inates,  and  where,  1  think,  notwithstanding  others  may  differ  from  me  in  sentiment,  white 
labor  will  not  go.  I  do  not  look  to  the  time  when  the  whites  can  be  safely  reinvested  with 
exclusive  political  power. 

Question.  Is  there  any  difference,  in  different  parts  of  the  State,  with  reference  to  the  s< 
ment  of  the  people  in  regard  to  the  Union  .' 

Answer      From  the  best  information  I  can  obtain,  I  think  there  is  much  more  Lmon  sen 
timent  among  the  people  in  the  northern  part  of  the  State.     The   Union  sentiment  is   very 
stroii"  in  what  are  called  the  valley  and  mountain  counties— Jackson,  Madison,  Limestone, 
and  Lauderdale  counties,  north  of  the  Tennessee  river,    and  Franklin,  Marion,  Lawrence, 
Fayette    Walker,  Blount,  Marshall,    DC  Kalb,    and  St.  Clair  counties,  on  the  south  si 
of  the  river:  and  in  two  or  three  of  those  counties  I  can  say  that  the  Union  sentiment  is  now 
the  controlling  sentiment.     Since  I  came  here  I  have  seen  a  speech  made  by  a  man  who  was 
a  rebel  colonel— Colonel  Sheffield— and  who  is  now  a  member  of  the  legislature.     He  is  from 
Marshall  county.     They  had  a  meeting  there  not  long  ago,  and  some  civilian  got  up  and  sa 
he  was  opposed  to  allowing  negroes  to  give  testimony  in  courts,  and  said  several  other  things. 
Colonel  Sheffield  said  in  reply  that  the  country  was  at  peace  now ;  that  the  war  was  over;  and 
if  the  fellow  was  mad  and  wanted  to  fight,  he  had  better  begin  on  the  United  States  gamsc 
there.     As  for  himself  he  should  advise  the  people  to  acquiesce  in  the  policy  ot 
meut  and  be  law-abiding  citizens.     But  as  you  get  down  into  some  ot  the  southern  <•, 
of  the  State  as  I  am  informed,  there,  is  a  bitter  feeling  against  nil  those  who  eitl 
the  federal  lines  at  the  first  of  the  war,  or  during  the,  progress  of  the  rebellion  urged  a  restora 
tion  of  the  authority  of  the  government  of  the  United  States.     Such  is  the  attitude  ot  tne 
present  governor— the  one  elected  last  fall.     He  claims  to  be  a  Union  man;  he  was  fo 


ARKANSAS — GEORGIA —MISSISSIPPI — ALABAMA.  65 

Douglas  in  I860,  and  he  lias  vetoed  three  of  the  bills  passed  by  the  present  legislature  dis 
criminating  against  negroes.  Pending  the  election  I  heard  him  make  two  speeches — one  at 
Huntsville  and  one  at  Vienna.  In  those  speeches  he  took  the  ground  that  during  the  war, 
while  there  was  righting,  he  thought  it  was  out  of  place  for  any  man  outside  of  the  army  to 
favor  a  proposition  for  the  cessation  of  hostilities.  I  considered  his  speech  at  Vienna,  partic 
ularly,  a  very  insidious  one,  and  one  calculated  and  intended  to  throw  suspicion  upon  men 
who,  during  the  progress  of  the  war,  had  favored  a  restoration  of  the  government  of  the 
United  States  ;  (and  as  I  was  one  of  those  I  felt  it ;)  to  lead  the  people  to  believe  that  they 
were  not  men  fitted  to  be  intrusted  with  the  control  of  political  afters,  or  with  official  posi 
tions.  Yet  in  his  speeches  he  claimed  himself  to  be  a  Union  man,  and  to  acquiesce  in  the 
result  of  the  war.  Still,  the  aim  and  object  of  his  speeches  seemed  to  be  to  array,  for  local 
purposes,  the  prejudices  of  the  people  against  what  I  term  Union  men — those  who  exhibited 
Union  sentiments  during  the  hottest  of  the  rebellion,  making  themselves  liable  to  arrest  and 
every  thing  else,  and  we  considered  his  election  as  the  triumph  of  those  opposed  to  the  real 
Union  sentiment  of  the  State.  I  desire  to  say  this  much  in  justice  to  Governor  Patton :  He 
is  a  man  of  high  moral  character,  and  I  cannot  say  that  he  would  engage  in  any  secret  com 
bination  for  the  overthrow  of  the  United  States  government.  Still,  he  wanted  to  have  the 
militia  of  the  State  armed,  and  did  get  a  sort  of  half  promise  that  it  should  be  done,  until 
General  Grant  issued  his  order  forbidding  it.  We  could  not  see  what  the  object  or  purpose 
ot  organizing  the  militia  was  ;  we  could  not  comprehend  it.  All  the  officers  for  this  militia 
were  appointed  from  those  who  had  been  in  the  rebel  sendee.  Governor  Parsons  appointed 
in  our  town  a  rebel  colonel,  who  went  into  the  service  early  in  1861,  to  command  a  battalion 
of  militia.  The  battalion  was  not  completed.  We  looked  upon  the  whole  matter  as  so  ridic 
ulous  that  we  did  not  believe  the  federal  government  would  permit  it  to  be  organized,  and 
it  was  not  allowed  by  the  federal  commander  there. 

Question.  Have  Union  men,  or  those  who  have  been  rebels,  been  generally  elected  to  office 
in  Alabama? 

Answer.  As  a  general  thing,  I  may  say  almost  universally,  except  to  the  State  convention, 
those  men  have  been  elected  who  most  actively  participated  in  the  rebellion.  It  has  been 
claimed  that  they  were  elected  on  account  of  personal  considerations  ;  it  was  so  published  in 
the  papers,  that  their  election  was  a  personal  compliment  to  them  for  their  position  in  the 
war.  There  may  have  been  some  lew  instances  of  other  persons  elected,  but  those  instances 
were  rare. 

Question.  Do  you  know  of  any  combinations  among  the  landholders  or  planters  to  regu 
late  the  price  of  wages  to  the  freednien  ? 

Answer.  I  do  not. 

Question.  .What  is  the  disposition  of  the  freedmen  with  reference  to  working,  if  they  were 
made  sure  of  receiving  fair  wrages  for  their  labor  ? 

Answer.  In  order  that  you  may  appreciate  what  I  may  say  upon  that  subject,  let  me  say 
that  I  have  been  familiar  with  negroes  all  my  life.  I  was  nursed  by  a  slave,  and  I  was  a 
slaveholder  myself.  And  I  say.  as  the  honest  conviction  of  my  mind,  from  thirty-five  years' 
experience,  that  the  difficulty  about  the  negroes  working  docs  not  arise  from  their  fault.  I 
have  found  no  difficulty  in  getting  as  many  to  work  on  my  farm  as  I  wanted.  They  are 
there  yet,  and  I  hear  that  they  are  doing  well.  There  are  not  kinder-hearted  beings  in  the 
world  than  the  negroes  when  they  are  well  treated.  They  are  always  kind,  humble,  and 
obedient  to  those  who  treat  them  as  they  ought  to  be  treated.  Of  course  they  must  feel  that 
they  are  free  now,  and  are  different  from  what  they  were  when  slaves.  And  I  am  not  the 
only  one  who  finds  them  as  I  have  stated  ;  that  is  the  case  with  all  who  have  treated  them 
as  human  beings  should  be  treated.  Judge  Hammond,  who  was  a  large  slaveholder,  who 
worked  a  hundred  hands  on  two  of  his  plantations,  has  all  his  servants  with  him  now.  He 
treats  them  like  human  beings.  He  made  a  very  good  crop  last  year,  and  will  make  a  better 
one  this  year. 

No,  sir,  the  difficulty  is  not  with  the  negroes.  They  have  sense,  and  feeling,  and  capacity ; 
and  any  one  who  will  treat  them  like  human  beings — who  will  even  act  up  to  the  spirit  of 
the  laws  which  we  had  against  cruel  treatment — can  always  get  whatever  work  from  them  he 
wants.  If  you  act  fairly  towards  them,  they  are  as  faithful  and  permanent  laborers  as  any 
class  of  people  can  be.  The  negroes  are  gentle,  obedient,  and  polite,  not  only  to  me,  but  to 
all  who  appreciate  the  changed  condition  of  things,  and  will  execute  our  directions  and  orders; 
make  a  fair  agreement  with  them  and  act  up  to  it,  and  I  have  found  no  difficulty  with  them. 
I  do  not  say  that  such  is  the  case  with  each  individual  negro,  because  there  are  worthless 
ones  among  them  as  there  are  among  white  people. 

The  difficulty  with  the  negro  is  among  the  class  of  men  who  have  no  particular  permanent 
interest  in  the  Best  good  for  the  country,  and  that  difficulty  will  be  continued  among  them. 
It  will  require  the  presence  of  power  to  keep  it  down.  You  will  find  cruel  men  who  formerly 
owned  slaves,  and  such  men  the  negroes  will  leave,  as  we  all  say  they  should ;  and  there  is 
not  a  man  in  the  country  there,  whose  moral  standing  you  would  rely  upon,  but  would  say 
they  ought  to  leave  such  masters.  And  if  we  could  have  had  a  law  that  such  men  should 
never  have  owned  any  slaves,  it  would  have  been  better.  It  is  but  the  malicious  prejudice 
in  ignorant  minds  that  lea  is  men  to  say  that  the  negroes  are  not  docile  and  disposed  to  be  so, 
as  a  general  thing,  when  well  treated.  They  are  the  most  quiet  and  law-abiding  people  in 
5  A  G  M  A 


66  RECONSTRUCTION. 

the  world.     The  fact  that  one  man  can  govern  a  thousand  negroes,  who  at  any  time  could  do 
what  they  please  with  him,  is  a  proof  of  that. 

t)f  course  time  will  work  this  matter  out  properly.  We  are  in  a  better  situation  now  than 
we  were  at  this  time  last  year.  The  main  thing  is  to  see  that  just  and  proper  laws  arepassecl 
here,  and  then  wait  for  their  effect  upon  the  people.  As  I  said  to  several  members  or  Con 
gress  at  the  beginning  of  this  session,  whatever  Congress  can  constitutionally  do  it  should  do, 
and  let  those  laws  go  into  operation.  I  know  there  will  be  no  attempt  at  present  at  violent 
resistance.  But  the  principal  thing,  the  main  point,  is  not  to  leave  us  there  without  the  su 
pervising  and  controlling  power  of  the  federal  government.  So  far  as  I  am  individually 
concerned,  I  should  remain  there  and  take  the  chances,  even  if  the  whole  matter  were  turned 
over  to  the  control  of  the  authorities  there.  But  those  of  us  who  want  to  see  the  interest  of 
the  country  fostered  and  nourished,  and  peace,  quiet,  security,  and  prosperity  restored,  de 
sire  to  see  the  influence  of  the  national  government  exercised  there.  It  will  not  hurt  any 
one.  It  will  not  hurt  the  white  man.  It  will  only  give  organization  to  the  rights  of  allr 
whites  and  negroes. 

If  there  is  anything  in  the  world  I  understand,  with  which  I  have  been  conversant  every 
day  and  every  hour  of  my  life,  almost,  except  the  time  I  have  been  absent  from  Alabama — 
and  that  has  not  been  a  twelvemonth  altogether  in  my  whole  life — if  there  is  anything  I  un 
derstand,  I  think  it  is  the  character  of  the  negro.  Just  let  him  know  what  the  law  is,  and 
he  will  cheerfully  submit  to  it.  Of  course  there  will  be  individual  instances  of  lawlessness 
among  them,  just  as  there  are  among  other  people  all  over  the  country,  and  those  individuals 
are  to  be  dealt  with  and  punished  by  the  law. 

I  do  not  think  that  Congress  should  wait  for  the  people  of  the  south  to  make  regulations 
by  which,  at  some  further  time,  the  negroes  will  be  provided  with  homes,  have  their  rights 
as  freemen  acknowledged,  be  given  a  participation  in  civil  rights,  and  be  made  a  part  of  the 
framework  of  the  country.  They  will  not  do  that ;  you  need  not  Trait  for  it.  If  Congress 
can  constitutionally  commence  a  system  of  educating  and  elevating  the  negroes,  let  them 
4o  it,  and  not  wait  for  the  people  of  the  south  to  do  it. 

I  am  satisfied  the  white  people  in  oar  Stale  will  not  willingly  work.  The  negroes  will 
work  ;  they  will  be  the  working  class.  And  as  you  hold  out  inducements  to  them  to-  work, 
so  will  the  amount  of  their  work  be.  They  are  intelligent  when  they  have  opportunities  to 
become  so.  I  have  upon  my  place  two  or  three  who  are  remarkably  so.  One  in  particular 
is  a  mulatto  boy,  whom  I  bought  when  he  was  but  ten  or  twelve  years  old.  He  has  travelled 
with  me  all  over  the  State,  and  has  now  a  family.  He  is  intelligent  and  shrewd;  as  careful 
in  a  trade  as  I  am,  and  would  often  get  the  advantage  of  me  if  I  did  not  keep  an  eye 
open,  as  the  saying  is.  There  are  others,  but  I  mention  him  particularly,  because  I  like  him, 
and  he  likes  me.  We  have  had  our  little  difficulties,  but  the  negro  has  a  very  forgiving  dispo 
sition.  All  the  best  planters  in  the  countiy  will  say  the  same  thing.  Judge  Hammond,  whom 
I  mentioned  a  few  minutes  ago — because  everybody  in  the  whole  valley  knows  him  as  one 
of  the  best  farmers  in  the  country,  and  who  has  always  been  considered  as  a  humane  man — 
he  will  never  find  any  difficulty  in  getting  negroes  to  work  for  him,  except  that  more  will 
apply  to  work  for  him  than  he  will  want ;  and  so  it  will  be  with  all  those  who  remained  at 
home  and  attended  to  their  domestic  affairs,  and  treated  their  servants  well. 

I  understand  that  last  fall,  in  one  part  of  the  county  where  I  reside,  there  was  a  combina 
tion  among  some  of  the  people  not  to  rent  laud  to  negroes.  But  since  I  came  away,  I  under 
stand  that  a  company  of  colored  soldiers  have  been  stationed  right  hi  that  place.  That 
corrects  a  great  many  things  ;  there  is  no  mistake  about  that. 

There  is  a  dread,  an  apprehension  in  the  minds  of  some  narrow-minded  people,  that  if  the 
negro  is  given  any  rights,  he  will  go  beyond  them  ;  and  that  feeling  will  continue  to  exist, 
niitil  education  and  intelligence  shall  become  more  general  among  the  people. 

Question.  Do  you  know  whether  there  is  any  expectation  among  the  people  in  your  section 
of  the  country,  that  the  general  government  will  pay  them  for  losses  sustained  by  them  in 
consequence  of  the  war? 

Answer.  There  was  at  oae  time  some  idea  among  the  people  that  they  would  receive  com 
pensation  for  their  slaves  ;  but  they  have  rather  given  that  up  now.  1  do  not  suppose  you 
will  find  half  a  dozen  men  there  who  expect  any  sucb  thing  now. 

Question.  Do  they  expect  compensation  for  the  loss  of  other  property? 

Answer.  They  would  urge  that,  if  they  had  any  power  to  do  so ;  but  that  is  a  matter  of 
mere  pecuniary  interest  which  anybody  might  be  expected  to  urge,  whenever  there  was 
any  opportunity  of  getting  it. 

Question.  What  has  been  the  effect  of  the  amnesty  proclamation  and  the  pardons  that  have 
been  granted  ? 

Answer.  In  many  instances  they  have  had  a  beneficial  effect,  and  have  been  prooerly  grant 
ed  ;  but,  in  other  instances,  there  is  no  doubt  that  persons  have  deceived  their  friends,  and 
have  deceived  the  President.  Still,  I  do  not  know  of  any  instance  where  any  man,  who  has 
had  a  pardon  granted  to  him,  attempting  to  set  at  defiance  the  authority  of  the  government. 
The  most  of  those  who  have  been  pardoned,  in  our  own  section  of  the  State,  are  those  who 
come  under  the  $20,000  clause.  Some  of  those  men  acted  very  differently  before  they  were 
pardoned,  from  the  way  they  have  acted  since.  But  that,  perhaps,  ought  to  be  ascribed  to 
their  naturally  feeling  more  independent  since  they  have  received  their  pardons,  rather  than 


ARKANSAS — GEORGIA  —MISSISSIPPI — ALABAMA.          '       67 

any  feeling  of  antagonism  towards  the  government.  I  say  this  in  order  to  be  perfectly  just 
towards  those  men,  although  a  great  many  of  them  are  opposed  to  me,  and  perhaps  will 
continue  to  be  so.  I  do  not  know  of  any  in  our  section  of  the  country  who  have  been  par 
doned  but  what  would  submit  willingly  to  the  law  when  they  found  out  what  the  law  was. 

Question.  What  has  been  the  effect  of  these  pardons  upon  the  people  at  large — upon  those 
who  are  not  under  the  necessity  of  applying  for  pardons  for  themselves. 

Answer.  There  are  a  great  many  who  have  acted  in  good  faith.  There  are  some  few, 
perhaps,  who  would  not  act  in  good  faith  in  regard  to  anything ;  who  would  not  feel  the 
obligation  of  an  oath,  or  any  moral  obligation  whatever ;  who  would  disregard  entirely  all 
obligations.  I  cannot  say  to  what  extent  that  would  go.  I  think  that  in  our  section  of  the 
State,  although  we  were  defeated  politically,  we  have  the  substantial  portion  of  the  com 
munity  on  our  side,  and  if  it  was  properly  set  to  work  to  combat  the  rebellious  disposition 
there,  it  would  overcome  it. 

Question.  Do  you  refer  to  the  whole  State  of  Alabama,  or  only  to  the  northern  part  of  the 
State? 

Answer.  I  would  say  that  it  would  be  so  in  the  whole  of  the  State ;  that  is,  with  the  help 
of  the  federal  government. 

Question.  How  would  it  be  if  the  army  of  the  United  States  and  the  other  influences  of 
the  general  government  should  be  withdrawn  ? 

Answer.  In  that  case  I  should  say  that  we  would  be  likely  to  have  a  pretty  hot  time  of  H 
for  a  yea?  or  two.  Perhaps  it  would  lead  the  Union  sentiment  of  the  country  through  fear 
to  refrain  from  manifesting  itself,  not  feeling  that  it  was  sustained,  or  supported,  or  backed 
by  the  federal  government.  About  last  Christmas -we  began  to  feel  that  we  were  not  sus 
tained  by  the  general  government.  We  thought  we  were  being  deserted  by  the  federal 
government,  and  we  became  a  great  deal  alarmed  when  we  saw  proclamations  made  relieving 
the  provisional  governors  and  turning  everything  over  to  the  State  governments ;  and  the 
rebels  and  secessionists  then  became  very  busy  and  active  in  circulating  the  idea  that  the 
troops  of  the  general  government  were  all  to  be  withdrawn  from  the  State,  and  all  its  affairs 
were  to  be  intrusted  to  the  officers  who  were  elected  last  fall ;  and  some  foolish  people  got  to 
making  their  brags  of  what  they  would  do  when  the  troops  of  the  United  States  should  be 
withdrawn,  and  they  should  once  more  get  the  control  of  affairs  in  the  State.  I  must  say 
that  a  great  many  of  our  people  became  alarmed.  I  have  received  a  great  many  letters  from 
Alabama,  that  were  written  about  Christmas,  against  the  government  of  the  United  States 
turning  the  control  of  affairs  over  to  the  local  organization  there. 


WASHINGTON,  D.  C.,  February  8,  1866. 
Robert  A.  Hill  sworn  and  examined. 

By  Mr.  HARRIS  : 

Question.  Where  do  you  reside  ? 

Answer.  Tishemingo  county,  State  of  Mississippi. 

Question,  How  long  have  you  resided  ihere  ? 

Answer.  Ten  years  past  last  fall. 

Question.  W'here  have  you  been  during  the  rebellion  ? 

Answer.  I  have  remained  there  during  the  whole  time. 

Question.  What  is  the  state  of  public  sentiment  in  that  section  of  the  State  with  which 
you  are  acquainted  at  the  present  time  ? 

Answer.  I  left  home  late  in  November,  and  at  that  time  there  was  every  disposition  to  be 
loyal  to  the  United  States.  Since  that  time  I  have  had  letters  from  home,  all  indicating  that 
the  same  state  of  feeling  continues  to  exist.  • 

Question.  Is  there  any  disloyal  feeling  there  at  the  present  time;  what  is  the  real  senti 
ment? 

Answer.  There  are,  doubtless,  a  few  individuals  who  entertain  disloyal  feelings,  but  I 
think  they  are  exceptions  to  the  general  rule — to  a  very  general  rule.  Those  exceptions  are 
men  who  have  lost  heavily,  and  a  few  individuals  who  have  been  disappointed  in  their 
calculations  as  to  the  result  of  the  rebellion,  and  who  were  its  originators. 

Question.  What  is  your  own  employment  ? 

Answer,  I  am  and  always  have  been  judge  of  the  probate  court  for  a  number  of  years,  and 
also  special  chancellor,  under  the  appointment  of  Governor  Sharkey,  the  provisional  governor. 

Question.  Has  your  occupation  led  you  to  become  acquainted  with  the  sentiment  of  the 
people  in  that  region  of  the  State  ? 

Answer.  Yes,  sir;  I  think  I  am  well  acquainted  with  the  sentiment  of  the  people  in  that 
portion  of  the  State. 

Question.  Were  you  a  member  of  the  constitutional  convention  ? 

Answer.  I  was  a  member  of  the  committee  which  drafted  the  ordinance  amending  the  con 
stitution. 

Question.  Now,  Judge  Hill,  please  state,  as  well  as  you  can,  your  own  views  in  relation 
to  the  condition  of  the  ireedinen  there. 


68  RECONSTRUCTION. 

Answer.  I  think,  so  far  as  my  information  goes  in  that  section  of  the  State,  that  their  con 
dition  is  greatly  better  than  the  most  sanguine  expected  it  would  be  at  this  time  in  so  short 
a  period.  So  far  as  I  can  learn  they  are  receiving  employment  and  fair  wages.  A  very- 
largo  number  of  them  are  women  and  children,  and  are  really  an  expense  to  those  with  whom 
they  live.  The  younger  men  and  women,  as  a  general  rule,  left  in  1862,  entered  into  the  lines 
of  the  army  and  went  in  different  directions.  I  speak  now  of  the  region  of  country  near 
Corinth,  embracing  the  county  where  I  live  and  portions  of  adjoining  counties. 

Question.  Are  they  generally  employed  by  their  former  masters  ? 

Answer.  They  are  generally  employed  by  their  former  masters.  Very  few,  indeed,  have 
left  home  since  the  latter  part  of  1862  and  early  in  1863.  Indeed  there  has  been  no  involun 
tary  servitude  in  that  county  since  that  time.  They  could  have  gone  at  will  at  any  time;  I 
know  of  no  forcible  means  having  been  used  to  restrain  them.  They  have  remained  at  •will. 

Question.  Has  the  Freedmen's  Bureau  any  offices  through  that  region? 

Answer.  There  has  been  an  office  at  Corinth,  but  it  has  had  little  business  to  do  ;  very  little. 

Question.  Any  in  the  adjoining  counties  ? 

Answer.  lit  the  adjoining  counties  I  don't  think  there  is.  I  do  not  think  there  is  one  in 
Itawamba  county.  That  is  the  county  immediately  south  of  me.  If  there  is  one  in  that 
county  I  have  not  heard  of  it ;  I  do  not  think  there  is.  There  has  not  been  one  in  Pontotoc 
cgunty.  I  have  not  heard  there  is  one  in  Tippah  county,  but  perhaps  there  is. 

Question.  What  you  have  said  in  reference  to  the  freedmeu  applies  to  all  the  counties  so 
far  as  you  know  ? 

Answer.  So  far  as  I  know  it  applies  to  the  northern  tier  of  counties  bordering  on  the  State 
.  of  Tennessee,  going,  I  would  »ay,  two  counties  south. 

Question.  What  part  have  you  had  in  this  war? 

Answer.  I  have  taken  no  part  in  it  whatever. 

Question.  You  have  been  engaged  in  professional  and  official  business  during  the  whole 
period  ? 

Answer.  Yes,  sir.  I  would  add  further,  in  that  connexion,  that  by  permission  of  the  mili 
tary  authorities  our  local  institutions  have  been  kept  intact  daring  the  war,  under  the  re 
striction  that  nothing  was  to  be  done  in  aid  of  the  rebellion  or  detrimental  to  the  interests  of 
the  United  States.  I  would  further  say,  in  that  connexion,  there  was  no  officer  of  the  county, 
as  officer  of  the  county,  sworn  to  support  the  constitution  of  the  Confederate  States,  neither 
myself  nor  any  other. 

Question.  What  has  been  the  legislation  of  Mississippi  since  its  reorganization  as  a  State 
in  reference  to  freednien  ? 

Answer.  I  have  not  seen  the  acts  ;  my  understanding  is,  however,  that  they  passed  an  act 


lect  the  precise  period. 

Question.  Under  what  penalty  ? 

Answer.  The  penalty  was,  I  think,  to  be  treated  as  vagrants;  that  is  my  recollection. 

Question.  If  they  do  not  procure  employment,  that  they  shall  be  taken  to  be  vagrants? 

Answer.  Yes,  sir;  unless  they  can  show  that  it  was  impossible  for  them  to  do  it.    . 

Question.  What  other  legislation  ? 

Answer.  They  further  provided  that  their  contracts  should  be  entered  into  in  writing  in 
presence  of  a  justice  of  the  peace,  and  that  if  they  left  their  employ  withoixt  sufficient  cause, 
to  be  adjudged  of  by  the  justice  of  the  peace,  they  were  to  be  arrested  and  returned,  and  the 
expense  of  their  arrest  and  proceeding  was  to  be  charged  against  them. 

Question.  Any  corporeal  punishment  ? 

Answer.  There  is  no  corporeal  punishment  inflicted  upon  negroes  except  that  which  is  in 
flicted  upon  white  persons  for  equal  offence..  There  is  no  corporeal  punishment  so  far  as 
labor  is  concerned.  They  also  enacted  they  should  be  disarmed,  which  grew  out  of  an  ex 
citement  in  the  country  at  the  time  there  was  likely  to  be  an  insurrection.  There  was  a  good 
deal  of  excitement  in  different  parts  of  the  country.  It  was  believed  to  exist  by  the  officer 
of  the  Freedmen's  Bureau  for  the  State,  but  which  I  think  was  without  foundation,  and  is 
now  so  understood. 

Question.  Are  the  freedmen  being  educated? 

Answer.  There  is  not  only  no  opposition  to  their  being  educated,  but,  so  far  as  my  informa 
tion  goes,  a  desire  that  they  shall  be.  I  am  satisfied  of  that.  There  is  a  large  school  in 
Aberdeen,  to  my  personal  knowledge,  of  over  100  scholars. 

Question.  Taught  by  negroes  ? 

Answer.  Yes,  sir ;  negro  teachers  and  negro  pupils. 

Question.  Where  is  Aberdeen  ? 

Answer.  In  Monroe  county,  75  miles  south  of  where  I  live.  I  gpent  the  greater  part  of 
the  fall  in  holding  court  there.  The  equity  court  is  located  at  that  point,  and  that  is  the 
reason  I  am  familiar  with  the  proceedings  there.  Schools  of  freedmen  are  taught  by  a  num 
ber  of  clergymen  who  live  in  the  place.  That  is  a  county  wjiich  has  a  very  heavy  colored 
population,  *  They  are  so  far  south  from  us  that  they  did  not  leave. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  6  9 

Question.  Is  there  anything  else  which  you  know  that  will  give  the  committee  any  light 
on  the  real  condition  of  things  there  ?  If  so,  I  would  be  glad  to  have  you  mention  it. 

Answer.  The  information  I  derive  from  letters  from  different  portions  of  the  country,  and 
from  those  upon  whom  I  can  rely,  shows  an  improved  condition  since  the  commencement  of 
the  year.  My  information  is  that  the  negro  population  have  procured  homes  and  gone  to 
work  with  a  fair  prospect  of  making  a  good  crop.  I  have  that  from  various  portions  of  the 
country  and  believe  it  to  be  true.  I  would  like  further  to  state,  if  it  is  not  protracting  the 
examination  too  far,  that,  by  the  constitution  as  amended,  the  legislature  was  required  to  pass 
such  acts  as  were  necessaiy  to  protect  the  freedmen  in  their  persons  and  property,  using  prop 
erty  in  its  broadest  sense.  An  amendment  was  proposed  restricting  it  to  personal  property, 
which  received  but  a  few  votes.  I  am  informed  that  some  of  the  circuit  judges  have  held 
these  restrictive  laws  passed  by  the  legislature  to  be  in  violation  of  that  provision  of  the  con 
stitution.  I  have  not  seen  the  opinions,  but  that  is  the  information  I  have  received ;  I  have 
no  doubt  that  the  courts  will  so  hold.  These  laws  were  passed  when  there  was  unusual  ex 
citement  in  the  country,  growing  out  of  the  suddenly  changed  conditions  of  the  State,  at 
least  of  that  race.  I  had  no  idea  they  would  be  passed  on  mature  deliberation;  I  am  satis 
fied  of  that. 

Question.  When  did  you  elect  your  legislature  ? 

Answer.  We  elected  our  legislature  on  the  third  Monday  of  September. 

Question.  Is  your  election  annual  ? 

Answer.  No,  sir;  once  in  two  years — biennial. 

Question.  What  do  you  think  is  the  prospect  of  the  cotton  crop  for  the  ensuing  year  ? 

Answer.  I  think  it  will  be  about  one-half  of  what  was  made  prior  to  the  war.  I  refer  to 
the  whole  State.  I  think  it  will  be  over  that. 


WASHINGTON,  D.  C.,  February  13,  1866. 
Robert  A.  Hill  recalled  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Have  you  testified  before  the  Committee  on  Reconstruction  before  to-day  ? 

Answer.  I  have. 

Question.  Do  you  wish  to  make  any  additions  or  alterations  in  your  testimony  ? 

Answer.  Yes.  I  wish  to  state  that  it  is  believed  that  the  court  will  hold  the  restrictive  act 
on  fr<iedmen  unconstitutional.  I  think  I  stated  in  my  examination  that  my  information  was 
that  they  had  done  so.  That  was  my  information  at  the  time,  but  I  find  myself  corrected. 
That  question  has  not  been  before  the  court.  It  was  the  other  question.  I  stated  in  my  ex 
amination  that,  from  the  best  information  I  had  received,  about  half  the  average  cotton  crop 
was  expected.  The  correction  that  I  wish  to  make  in  that  is,  that  unless  the  levees  are  re 
paired  one-third  of  the  usual  crop  is  as  much  as  may  be  expected.  I  wish  to  state,  further, 
that  the  legislature  has  provided  for  the  admissibility  of  evidence  of  freedmen  ;  also,  that  the 
superior  loyalty  of  the  section  of  country  in  which  I  live  has  been  greatly  produced  by  the 
liberal  course  of  policy  used  by  General  Thomas  and  the  officers  under  him  towards  the  citi 
zens  and  returned  rebel  soldiers. 


WASHINGTON,  February  14,  1866. 

Brigadier  General  James  S.  Brisbin  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  What  is  your  age,  and  in  what  service  have  you  been  engaged  ? 

Answer.  I  am  in  the  regular  army  as  a  captain  at  present.  I  have  been  a  brigadier  gen 
eral  of  volunteers.  I  am  twenty-eight  years  of  age. 

Question.  Where  have  you  been  in  service  during  the  war,  and  where  are  you  stationed  at 
present  ? 

Answer.  I  have  served  in  the  States  of  Virginia,  Louisiana,  Kentucky,  and  Arkansas.  I 
served  last  in  the  State  of  Arkansas,  until  within  fifteen  days  past,  when  I  wus  mustered  out 
of  the  volunteer  service. 

Question.  How  long  had  you  then  been  in  Arkansas  ? 

Answer.  About  three  months. 

Question.  What  opportunities  did  you  have  for  ascertaining  the  sentiments  and  conduct  of 
the  people  of  that  State  ? 

Answer.  I  have  travelled  over  most  of  the  State  in  a  military  capacity.  I  visited  Little 
Rock,  Pine  Bluff,  Duvall's  Bluff,  and  other  sections  of  the  State  which  are  the  most  densely 
populated.  I  have  had  a  fair  opportunity  to  ascertain  the  temper  of  the  people,  and  I  have 
conversed  with  a  great  many  of  them. 

Question.  As  the  result  of  your  observations,  what  is  your  opinion  of  their  loyalty  ? 

Answer.  I  do  not  think  their  loyalty  is  good.     I  do  not  believe  it  would  be  well  to  restore 


7  0  RECONSTRUCTION. 

them  to  their  former  relations  to  the  federal  government  as  long  as  they  hold  to  the  opinions 
they  now  entertain.  I  find  an  almost  universal  disposition  among  them  to  elect  to  all  their 
offices  persons  who  have  served  against  the  government  during  the  late  war,  and  to  exclude 
Union  officers  and  Union  men  from  any  participation  in  public  affairs. 

Question.  What  would  be  the,  effect  of  withdrawing  the  national  troops  from  that  State? 

Answer.  I  think  it  would  lead  to  the  expulsion  of  Union  men,  and  especially  of  northern 
men  who  might  desire  to  go  there  and  settle. 

Question.  Will  you  state  any  facts  within  your  knowledge  which  confirm  the  opinion  yon 
entertain  of  the  people  of  Arkansas  ? 

Answer.  Where  the  troops  have  been  completely  withdrawn  from  any  section  of  the  State 
there  has  been  a  general  disposition  shown  to  prevent  Union  men  from  going  into  that  part 
of  the  State,  and  in  some  instances  they  have  manifested  a  decided  disposition  to  expel  them. 
Were  it  not  from  fear  of  the  military  authority  that  still  has  control  over  the  State,  they  would 
do  so. 

Question.  How  are  the  freedmen  regarded  and  treated  ? 

Answer.  Their  freedom  is  recognized  by  the  people,  and  there  is  a  disposition  to  hire  them 
and  pay  them  fair  wages  for  their  labor  ;  but  I  think  many  of  the  people  entertain  the  belief 
that  if  the  State  was  once  more  in  operation  under  a  State  government,  and  in  full  practical 
relation  with  the  federal  government  of  the  United  States,'  and  they  had  all  the  civil  officers 
they  are  entitled  to,  they  could  then  regulate  the  black  population  by  a  system  of  vagrant 
laws  amounting  to  slavery.  It  seems  to  be  the  idea  of  the  people  that  strong  vagrant  laws 
are  necessary  to  compel  labor. 

Question.  What  is  the  disposition  of  the  freedmen  in  reference  to  work  if  they  can  be  fairly 
hired  arid  be  assured  of  receiving  their  pay? 

Answer.  It  is  good  ;  the  freedmen  are  disposed  to  work,  and  to  work  well,  where  they  are 
treated  with  any  reasonable  degree  of  fairness.  They  are  anxious  to  labor,  wherever  they 
can  receive  a  fair  day's  wages  for  a  fair  day's  work. 

Question..  What  wages  do  able-bodied  »icn  receive  in  Arkansas  ? 

Answer.  They  are  now  receiving,  some  of  them,  as  high  as  twenty  and  twenty-five  dol 
lars  a  month  and  their  food. 

Question.  They  clothe  themselves  ? 

Answer.  Yes,  sir,  I  believe  they  do ;  but  they  are  furnished  writh  what  is  called  "  corn  and 
bacon  "  for  food,  and  they  provide  their  own  clothing.  However,  many  different  kinds  of 
bargains  are  made  with  them. 

Question.  Something  was  said  about  Christmas  time  in  regard  to  a  negro  insurrection. 
Do  you  kuow  any  facts  that  lead  you  to  believe  that  anything  of  the  kind  was  contemplated, 
or  is  likely  to  occur  ? 

Answer.  No,  sir.  There  was  a  rumor  circulated  through  the  south,  and  especially  in  Ar 
kansas.  But  I  think  it  was  got  up  altogether  by  people  who  were  anxious  that  something 
of  the  kind  should  happen,  in  order  that  they  might  have  some  grounds  for  complaint  against 
the  freedom  of  the  negroes.  I  know  nothing  of  any  insurrection ;  I  do  not  think  it  was 
meditated  at  all ;  I  believe  if  they  treat  the  negroes  fairly  and  justly,  there  is  no  more  danger 
of  their  revolting,  and  not  as  nmchj  as  there  is  of  the  whites  getting  up  an  insurrection 
against  the  black  population. 

Question.  Do  you  know  of  any  combinations  among  the  white  people  to  regulate  the 
price  of  labor  and  the  terms  on  which  the  freedmen  should  be  employed  ? 

Answer.  Nothing  more  than  this  :  that  there  was  an  effort  made  to  start  companies  in  the 
south  to  bring  in  white  laborers  from  various  quarters  of  the  country  .and  from  Europe,  with 
the  view  of  forcing  down  the  price  of  black  labor. 

Question.  What  was  your  command  in  Arkansas? 

Answer.  I  was  in  command  of  a  brigade  of  colored  troops,  one  regiment  of  which  is  now 
stationed  at  Helena,  one  at  Pine  Bluff,  and  the  other  at  Duval's  Bluff. 

.    Question.  Have  you  known 'of  any  combinations  or  secret  organizations  among  the  wkite 
people  since  Lee's  surrender  for  purposes  hostile  to  this  government  ? 

Answer.  No,  sir ;  I  have  not. 

Question.  Has  there  been  any  change  since  April,  May,  or  June  last,  in  the  sentiment  of 
the  people  of  Arkansas  towards  this  government? 

Answer.  I  was  not  in  Arkansas  at  the  time  the  war  closed;  but  since  I  went  there  I  think 
the  temper  of  the  people  there  has  become  worse,  and  is  gradually  growing  worse,  wherever 
I  have  been  in  the  south. 

Question.  How  do  you  account  for  that  ? 

Answer.  I  think  it  is  owing  to  the  lenient  manner  in  which  the  general  government  has 
treated  them.  When  the  war  terminated  they  expected  from  the  general  government  nothing 
more  than  permission  to  live  and  subsist  in  the  country.  If  they  escaped  with  their  lives  it 
was  all  they  hoped  for,  but  by  the  treatment  they  have  received  from  the  government  they 
have  been  led  to  believe  that  they  still  have  all  their  former  rights  ;  that  there  were  certain  rights 
thev  had  not  forfeited  by  the  rebellion,  as  they  themselves  supposed  they  had  till  they  were 
told  differently  from  the  north. 

Question.  Do  you  know  whether  the  constitution  and  laws  of  Arkansas,  as  they  now  are, 
disfranchise  any  of  the  people  of  Arkansas  on  account  of  their  participation  in  the  rebellion? 


ARKANSAS — GEORGIA — MISSISSIPPI— ALABAMA.  7 1 

Answer.  Not  to  my  knowledge.  I  have  read  recently  a  copy  of  the  laws  enacted  by  the 
Xate  legislature  of  Arkansas.  I  do  iiot  now  recall  any  provisions  in  that  legislation  to  de 
prive  any  person  of  voting  on  account  of  their  having  been  in  the  rebellion. 

Question.  So  far  as  you  know,  what  has  been  the  result  of  the  operation  of  the  Freed  men's 
Bureau  in  Arkansas  ? 

Answer.  I  think  it  is  an  absolute  necessity  for  the  preservation  of  the  rights  and  the  proper 
care  of  the  colored  people  of  the  south.  So  far  as  I  have  seen,  I  believe  it  prevents  a  great 
many  abuses  that  would  be  practiced  if  it  were  broken  up  or  withdrawn. 

Question,  What  degree  of  intelligence  is  possessed  by  the  adult  colored  people  of  Ar 
kansas,  so  far  as  you  have  observed  ? 

Answer.  It  is,  I  think,  good;  I  believe  it  compares  favorably  with  that  of  the  white  pop 
ulation.  There  is  a  class  of  men  south,  wealthy  men,  who,  with  their  children,  have  had 
the  benefit  of  education;  but  there  are  a  great  many  poor  white  people  there,  and  I  think 
there  are  as  many  of  the  blacks,  perhaps,  who  can  read  and  write  as  those  of  the  poorer 
classes  of  the  white  people. 

Question.  What  is  the  disposition  of  the  freedmen  in  reference  to  getting  property  and 
saving  their  money  ? 

Answer.  They  are  very  anxious  to  acquire  property;  and  so  soon  as  the  laws  of  the  State 
are  corrected,  so  that  they  can  buy  and  sell  property  as  other  men  can,  they  will  rapidly  ac 
quire  property.  They  save  their  money,  and  I. believe  some  of  them  will  become  very 
wealthy  men.  I  know  a  great  many  negroes  in  Arkansas  who  have  made  from  $700  to  $800 
and  $1,000.,  and  in  rare  cases  $1^500,  during  last  year,  by  growing  cotton  on  shares  with 
their  former  masters. 

Question.  Is  there  now  any  impediment  in  the  way  of  negroes  buying  land  in  Arkansas  ? 

Answer.  I  do  not  know  that  there  is  any  law  prohibiting  it;  but  there  is  no  law  expressly 
giving  them  the  right  to  do  so,  and  the  black  people  have  been  so  long  under  oppression  that 
until  they  have  the  right  secured  to  them  by  laAV  they  will  hesitate  about  investing  their 
money  in  laud,  because  they  know  the  sentiment  of  the  white  people  is  strongly  against  if. 
If  they  could  invest  their  money  according  to  any  law  allowing  them  to  do  so,  kthey  would 
do  it  very  readily,  and  I  believe  they  would  accumulate  property  very  rapidly. 

Question.  We  desire  to  learn  all  we  can  in  reference  to  the  condition  of  public  sentiment  in 
Arkansas,  so  as  to  be  able  to  judge  in  regard  to  the  fitness  of  the  people  there  to  be  restored 
to  their  former  relations  with  the  national  government.  Do  you  think  of  any  other  facts 
bearing  upon  that  point? 

Answer.  As  a  soldier  I  should  very  much  regret  the  restoration  of  the  State  of  Arkansas, 
or  any  part  of  the  southern  people,  to  their  full  practical  relations  with  the  federal  government 
at  this  time,  and  with  their  present  temper.  It  is  my  belief  that  they  desire  and  expect  to 
accomplish  by  political  efforts  all  that  they  contended  for,  but  failed  to  accomplish,  when 
they  went  into  the  rebellion.  I  can  only  sa'y  that  if  I  were  called  upon  to  vote  I  should  most 
emphatically  deny  them  admission  to  their  former  rights.  Their  election  of  rebels  (I  mean 
ex  officers  of  the  rebel  army)  to  the  highest  offices  in  their  gift,  and  their  persistent  exclusion 
of  Union  men  from  office,  is  to  my  mind  proof  clear  and  abundant  of  their  temper,  and  I 


and  toil  and  danger.  When  I  recollect  that  the  graves  of  my  soldiers  who  fell  in  battle  for 
the  country  are  not  yet  green,  I  cannot  forgive  and  forget  the  acts  of  rebels  who  tell  me  they 
have  no  regret  for  the  past,  und  that  their  unholy  rebellion  that  robbed  those  men  of  life  was 
rigbL 


WASHINGTON,  February  17,  1866. 
E.  Darwin  Ayres  sworn  and  examined, 
By  Mr.  BOUTWELL  : 

Question.  Where  do  you  reside  ? 

Answer.  At  Little  Rock,  Arkansas, 

Question.  How  long  have  you  resided  there,  and  what  is  your  present  business  ? 

Answer.  I  have  resided  there  six  years  ;  at  present  I  am  treasurer  of  the  State  organiza 
tion,  which  is  a  small  part  of  my  business  just  now ;  I  am  engaged  in  various  pursuits. 

Question.  What  means  have  you  of  knowing  the  opinion  of  the  people  of  Arkansas  about 
political  affairs  ? 

Answer.  By  association  with  them  up  till  the  time  I  left  and  by  correspondence  since. 

Question.  What  is  their 'temper  in  regard  to  this  government,  favorable  or  otherwise? 

Answer.  Favorable  by  compulsion.  It  is  probably  a  divided  question  in  Arkansas,  and 
perhaps  nearly  equally  divided  as  to  which  cause  should  succeed.  I  do  not  think  that  we 
have  a  majority,  but  inasmuch  as  it  is  lost,  they  recognize  the  fact  that  it  is  forever  lost.  They 
feel  fully  whipped  and  cowed  by  the  war,  as  they  say  themselves. 

Question.  If  Arkansas  were  restored  to  her  former  relation  to  the  Union,  and  all  -were 


72  RECONSTRUCTION. 

allowed  to  vote  who  are  entitled  to  vote  among  the  white  people,  would  they  be  likely  to  elect 
old  and  tried  Union  men,  or  persons  who  are  more  or  less  complicated  with  the  secession 
movement  ? 

Answer.  We  can  elect  Union  men,  as  was  shown  by  our  last  canvass,  when  we  elected 
Union  members  of  Congress  from  the  first  and  third  districts.  In  the  second  they  beat  us. 
There  is  a  number  of  small  farmers  in  the  third  district  who  were  never  identified  with  slavery 
After  the  arrival  of  the  federal  army  at  Fort  Smith  they  raised  1,200  men  in  the  first  five 
days.  A  large  majority  of  the  State  was  in  favor  of  the  Union  on  the  question  submitted  to 
them  before  the  war,  only  they  did  not  have  the  moral  courage  to  assert  it,  and  were  ruled  by 
the  4,000  who  had  always  ruled  the  people. 

Question.  What  do  you  estimate  the  present  voting  population  of  Arkansas? 

Answer.  That  would  be  a  hard  question  to  answer,  just  now  ;  but  I  should  not  expect  it 
to  exceed  one-half  the  vote  of  1860,  which  was  54,000  and  odd,  unless  we  gain  upon  it  by 
northern  residents  that  have  come  in  in  large  numbers.  Excluding  the  northern  immigration 
since  the  war,  I  am  pretty  well  satisfied  it  would  not  exceed  25,000  or  26,000. 

Question.  What  is  the  present  condition  of  the  negro  population  of  Arkansas  at  present  ? 

Answer.  I  believe  the  negro  population  is  doing  better  there  than  anywhere  else.  I  left 
Arkansas  just  before  Christmas,  before  they  entered  into  their  contracts,  and  from  all  sources 
of  information — and  I  have  been  in  constant  communication  with  them — in  business  that 
leads  to  that,  I  think  they  are  becoming  more  settled  and  quiet.  And  I  know  they  are  get 
ting  high  wages — $15  a  month,  with  board  and  clothing.  The  rent  of  land  is  high — $10  an 
acre  on  the  Arkansas  river.  General  Catterson  hires  three  plantations  on  the  river  at  a  renS 
of  $10  an  acre. 

Question.  Are  the  negroes  disposed  to  work  if  they  are  properly  paid  ? 

Answer.  Yes,  sir.  I  could  work  all  I  wanted.  I  know  one  instance  on  the  Red  river,  where  a 
Mr.  Stewart  says  he  can  get  more  work  out  of  his  negroes  than  he  ever  did.  The  story  that 
they  won't  work  is  got  up  by  those  who  said  that  free  labor  could  not  be  made  to  pay,  and 
who  wanted  it  to  come  out  so.  By  proper  inducement,  I  see  no  reason  why  the  negroes  will 
not  work.  * 

Question.  Any  danger  of  negro  insurrection,  if  they  are  properly  dealt  with  ? 

Answer.  No,  sir;  but  if  they  are  told  that  they  have  no  rights  which  white  men  are  bound 
to  respect,  and  if  federal  bayonets  are  turned  against  them,  they  will  secrete  arms  for  the  pur 
pose  of  defending  themselves.  They  know  a  great  deal  more  than  people  give  them  credit 
lor.  I  believe  the  southern  master  is  the  last  man  that  does  understand  the  negro,  though  he 
pretends  to  know  all  about  him.  Mr.  Stewart  proposes  to  build  a  church,  a  store,  and  a 
school  for  the  negroes.  By  that  means  he  will  get  as  many  men  as  he  wants  ;  he  will  get 
his  pick  out  of  them. 

Question.  What  is  the  disposition  of  the  people  in  regard  to  conferring  the  right  to  vote 
upon  the  negroes  ? 

Answer.  I  should  suppose  that  they  would  be  almost  universally  against  it,  as  near  as  I 
can  judge.  The  prejudice,  however,  is  lessening  gradually,  and  will  continue  to  lessen  as 
the  people  become  accustomed  to  education.  But  now  they  are  afraid  of  it.  They  are  more 
sensitive  on  the  question  of  negro  equality  thau  on  any  other.  You  can  hardly  argue  with 
them  on  that  question. 


WASHINGTON,  February  17, 1866. 
Charles  A.  Harper  swdrn  aod  examined. 

By  Mr.  BOUTWELL: 

Question.  State  your  age,  residence,  and  occupation. 

Answer.  Age,  forty-seven ;  residence,  Little  Rock,  Arkansas  ;  by  profession  a  lawyer, 
now  judge  of  the  supreme  court  of  that  State. 

Question.  What  period  of  time  have  you  resided  in  Arkansas  ? 

Answer.  Since  the  fall  of  1H62 ;  previous  to  that  time  I  resided  nearly  twenty  years  in  Texas. 

Question.  What  means  have  you  had  since  the  surrender  of  General  Lee  of  ascertaining 
the  opinions  of  the  people  of  Arkansas  with  reference  to  their  loyalty  to  the  government  ? 

Answer.  I  have  been  present  at  Little  Rock  during  the  assemblies  of  the  people  since 
that  time — one  of  the  colored  people,  and  another  of  persons  that  met  rather  in  opposition  to 
the  present  State  government.  I  have  seen  men  at  Little  Rock  and  in  all  parts  of  the  State. 
I  have  been  in  constant  communication  with  them  by  letter,  publicly  and  individually. 


Question.  When  did  you  leave  Arkansas? 
Answer.  About  the  15t 


15th  of  December  last. 

Question.  At  that  time  what  was  the  state  of  public  sentiment— more  or  less  loyal  than  in 
the  month  of  June  or  May  last  ? 

Answer.  I  just  remained  long  enough  to  see  the  result  of  our  convention  that  organized  the 
State  government.  They  made  something  like  a  compromise  with  the  State  government. 
Most  of  them  concluded  to  sustain  and  support  it.  I  can  only  answer  by  way  of  opinion 
formed  bv  conversation  with  men  I  think  there  was  a  constant  and  decided  improvement  in 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  73 

the  State  in  sustaining  the  administration  and  our  State  government.  I  have  various  good 
reasons  for  thinking  so.  We  regard  ourselves  as  much  stronger  than  we^have  been  as  a 
State  government. 

Question.  State  those  reasons. 

Answer.  One  striking  reason  is,  our  State  government  is  supported  by  the  issue  of  scrip. 
At  first  it  was  worth  oaly  from  fifteen  to  twenty  cents  on  the  dollar.  It  has  gradually  come 
up  until  it  is  now  worth  ninety-five  cents  anywhere,  is  in  demand,  and  is  hard  to  be  got  at 
that.  Tfyat  is  one  evidence  which  satisfies  me  that  we  are  gaining  strength.  My  other  evi 
dence  is  derived  from  conversation  with  many  persons  who  at  first  withheld  their  support, 
but  who  say  now  that  they  are  satisfied  that  we  have  done  what  was  right,  and  who  now 
sustain  us.  I  have  evidence  also  from  men  who  were  in  the  secession  army,  many  of  whom 
profess  themselves  perfectly  satisfied  with  the  State  government  who  were  at  first  hostile  to 
it.  There  are  parties,  however,  who  are  still  dissatisfied  and  still  complaining. 

Question.  What  proportion  of  the  people  now  in  Arkansas  would  prefer  the  establishment 
of  the  confederacy  if  that  were  practicable  ? 

Answer.  That  would  only  be  a  matter  of  opinion.  My  own  opinion  is,  that  a  great  many 
of  those  who  originally  were  secessionists  are  glad  now  that  they  did  not  succeed.  Hence 
there  is  a  very  large  proportion  of  the  people  of  Arkansas  now  in  favor  of  the  federal  govern 
ment.  I  have  no  doubt  it  is  so.  I  know  personally  many  such,  who  are  now  glad  they  did 
not  succeed. 

Question.  How  many  votes  were  given  at  the  last  election  for  members  of  Congress? 

Answer.  I  am  unable  to  say;  the  vote,  however,  was  unusually  small ;  there  were  various 
reasons  for  it ;  it  was  nothing  like  so  large  as  was  given  for  our  present  constitution. 

Question.  How  do  you  account  for  that  falling  off? 

Answer.  There  was  an  aspiration  for  seats  in  Congress;  the  Union  party  were  somewhat 
divided ;  there  were  several  candidates,  and  the  mass  of  the  people  were  so  disgusted  with 
the  scramble  that  a  great  many  would  not  vote  at  all;  they  had  no  objections  to  two  or  three 
of  the  candidates  ;  there  were  several  who  could  take  the  oath,  and  only  one  who  could  not, 
I  think ;  so  the  vote  was  very  small  in  that  district  from  that  cause ;  and  a  similar  cause 
probably  reduced  the  vote  throughout  the  State.  There  was  no  effort  to  get  out  the  vote ; 
there  was  a  general  want  of  organization.  In  the  northwestern  district  both  candidates  were 
Union,  and  there  was  no  contest ;  so  also  in  the  Helena  district.  In  the  other  district  where 
there  were  several  candidates,  all  Union  men  but  one,  who  got  only  seventy  or  eighty  votes. 
There  was  no  probability  of  his  election,  and  hence  no  reason  why  they  should  all  turn  out 
there  so  far  as  the  result  was  concerned. 

Question.  What  are  the  legal  rights  of  the  negro  population  in  Arkansas  ? 

Answer.  I  have  not  as  a  lawyer  examined  that  question  fully,  only  on  the  question  of  hold 
ing  real  estate.  A  negro  wished  me  to  advise  him  about  buying  land  in  Little  Rock ;  my  itn 
pression  was  that  he  could  do  so  with  safety,  and  on  examination  I  had  no  doubt  of  it,  and 
so  advised  him.  Without  examining  the  question  fully  as  to  his  rights,  my  opinion  is  that 
he  has  all  the  civil  rights  of  the  white  man  with  the  exception  of  suffrage  and  bearing  arms. 
That  was  our  purpose  in  the  convention,  and  we  think  we  have  made  sufficient  change  in 
our  bill  of  rights  to  carry  it  out.  We  think  the  negro  can  hold  real  estate  and  that  his  testi 
mony  is  admissible ;  but  we  did  not  grant  him  suffrage  nor  the  privilege  of  bearing  arms. 
The  word  "white"  is  not  stricken  out  in  the  constitution,  but  we  understand  that  the  negro 
is  not  under  civil  disability,  except  as  I  have  stated.  That  is  the  general  opinion  of  our  legal 
men  who  have  examined  the  question,  but,  as  I  say,  I  have  not  examined  it  fully.  We  in 
tended  to  change  the  status  of  the  negro  except  in  regard  to  suffrage ;  that  the  people  were  not 
prepared  for.  You  are  well  aware  that  there  is  a  feeling  existing  between  the  poor  whites 
and  the  negroes,  and  we  certainly  could  not  have  carried  our  constitution  if  we  hud  given  the 
negro  all  the  rights  of  the  white  man. 

Question.  Is  it  not  in  the  power  of  the  legislature  to  extend  suffrage  under  this  constitution 
to  the  negro? 

,  Answer.  I  have  recently  examined  that,  and  while  I  think  the  legislature  cannot  restrict 
suffrage,  I  think  they  can  extend  it.     As  a  member  of  court  I  had  to  consider  that  question. 

Question.  Has  that  been  decided  ? 

Answer.  Yes,  sir;  we  have  decided  that  the  legislature  could  not  limit  suffrage  as  granted 
in  the  constitution.  The  question  came  up  indirectly,  and  both  of  us,  judges,  were  of  opinion 
that,  while  the  legislature  might  extend  suffrage,  they  could  not  restrict  it — that  nothing  in 
the  constitution  forbade  its  extension  by  legislative  enactment. 

Question.  Is  the  case  in  which  that  decision  was  given  reported  ? 

Answer.  I  think  it  has  not  been  published.  We  have  a  reporter,  but  this  is  the  only  de 
cision  given. 

Question.  Will  you  give  the  name  of  the  case  ? 

Answer.  It  arose  on  a  question  of  voting,  the  commissioner  refusing  to  let  some  person 
vote  without  taking  a  certain  oath  that  the  legislature  had  prescribed.  I  cannot  give  tho 
name  of  the  case,  but  it  is  easy  to  get  it  if  it  has  been  published.  It  is  the  only  case  decided 
touching  the  elective  franchise  under  the  constitution. 

Question.  In  what  way  did  the  legislature  undertake  to  restrict  suffrage  ? 

Answer.  They  undertook  to  prescribe  a  test  oath  for  voting.     The  object  was  to  exclude 


74  RECONSTRUCTION. 

those  who  participated  in  the  war,  and  the  court  decided  that  the  legislature  could  not  restrict 
suffrage;  and  although  \ve  did  not  decide  that  they  could  extend  suffrage,  yet  we  were  both 
of  that  opinion. 

Question.  Then  by  the  decision  of  the  court  the  legislature  has  not  the  power  to  restrict 
suffrage,  even  by  excluding  men  who  have  been  engaged  in  the  rebel  service  ? 

Answer.  That  is  the  opinion  of  the  court. 

Question.  What  is  the  condition  of  the  iiegrp  population  of  Arkansas  intellectually  ?  Are 
any  of  them  educated  ? 

Answer.  Yes,  sir;  I  was  present  at  a  negro  convention  at  Little  Rock  in  December,  1865, 
and  I  was  very  much  astonished  listening  to  their  proceedings.  I  went  there  twice.  There " 
were  two  negroes  in  particular,  from  Helena,  men  of  considerable  education  and  intelli 
gence.  They  addressed  the  congregation  of  their  race,  and  their  views  were  generally  well 
expressed.  They  seemed  to  comprehend  precisely  their  situation,  and  all  their  purposes,  as 
stated,  seemed  to  be  satisfactory  to  any  intelligent  white  man.  The  number  of  that  class, 
however,  is  not  very  large.  I  have  alluded  to  two  who  showed  extraordinary  intelligence. 
There  were  others  of  considerable  intelligence  ;  so  that  altogether  they  made  a  much  better 
show  than  I  supposed  such  a  body  of  negroes  in  that  State  could  do.  I  think  there  is  con 
siderable  intelligence  among  them  in  Arkansas  at  this  time,  but  of  course  it  is  only  now  and 
then  one  of  that  kind ;  the  most  of  them  are  rather  of  a  low  order.  As  a  general  thing  it  is 
so  on  the  plantations. 

Question.  What  is  the  condition  of  the  poorer  whites  of  Arkansas  as  regards  intelligence  ? 

Answer.  There  is  a  great  want  of  education  among  them;  but,  as  I  have  observed  there 
and  in  Texas  and  all  through  the  south,  when  you  find  a  man  who  can  neither  read  nor 
write,  he  is  not  so  ignorant  a  man  as  regards  general  intelligence  as  you  find  such  a  man  to 
be  at  the  north.  He  seems  to  be  ahead  of  the  illiterate  northern  man.  He  seems  to  gather 
more  general  intelligence  from  contact  with  others,  so  that  it  is  not  uncommon  to  find  a  man 
who  is  illiterate,  and  still  of  considerable  intelligence.  But  as  a  general  thing  the  poor 
whites  are  a  feeble  class. 

Question.  How  are  these  people  in  regard  to  the  government — loyal  or  disloyal  ? 

Answer.  Nearly  all  loyal ! 

Question.  How  long  have  you  been  judge  in  Arkansas? 

Answer.  I  was  elected  first,  under  the  present  constitution,  in  March,  1864. 

Question.  When  did  you  abolish  slavery  in  Arkansas  ? 

Answer.  In  the  convention  Avhich  formed  the  present  constitution,  in  January,  1864. 

Question.  What  is  your  opinion  of  the  operation  of  the  Freedmen's  Bureau  in  Arkansas 
Is  it  beneficial  or  otherwise  ? 

Answer.  Well,  sir,  I  do  not  think  we  could  well  do  without  it  for  the  present ;  yet  there 
are  some  who  find  fault  with  it.  The  objection  is  more,  however,  to  the  administration  of  the 
bureau  than  to  the  fact  of  its  existence.  I  do  not  myself  hear  any  objection  to  the  establish 
ment  of  the  bureau.  I  have  conversed  with  several  intelligent  men  on  the  subject,  and  it 
seemed  to  them  that  the  thing  was  perhaps  necessary  ;  northern  men  engaged  in  planting 
cotton  wanted  it. 

Question.  What  is  the  disposition  of  the  negro  in  regard  to  working  if  properly  paid  ? 

Answer.  Well,  sir,  I  know  several  gentlemen  who  employed  them  last  year,  and  they  tell 
me  that  if  they  do  right  to  the  negro  there  is  no  difficulty.  I  know  a  gentleman — a  New 
Yorker — that  has  a  hundred  of  them  employed.  I  conversed  with  him  at  Helena.  He  says 
the  negro  is  very  particular  if  you  violate  your  word  in  the  least  respect,  but  if  you  come  up 
to  your  contract  he  says  there  is  no  difficulty.  I  know  of  two  who  work  in  partnership  with 
the  negroes,  and  they  like  that  best.  They  let  the  negro  furnish  some  portion  of  the  means  ; 
and  some  of  them  have  some  means  acquired  during  the  last  two  years.  They  think  that  is  bet 
ter  than  to  hire  them. 

Question.  Do  you  regard  them  as  naturally  thrifty,  or  otherwise  ? 

Answer.  Well,  sir,  I  think  there  is  as  large  a  proportion  of  them  as  of  the  poor  white  class 
hat  are  disposed  to  be  thrifty. 

Question.  How  in  regard  to  education  ? 

Answer.  There  are  a  number  of  schools  in  Little  Rock.  I  do  not  know  whether  there  are 
throughout  the  State ;  there  may  be.  The  reports  of  the  teachers  to  me  are  that  the  negroes 
are  making  wonderful  progress.  I  noticed  little  boys  and  girls  dressed  up  in  clean  clothes 
who  seemed  to  take  an  interest  in  the  school. 

Question.  What  proportion  of  the  white  men  of  Arkansas  of  t\venty-one  years  of  age  and 
upwards  have  voted  at  any  election  since  the  State  was  taken  possession  of  by  our  troops  ? 

Answer.  At  the  general  election,  when  they  ratified  the  convention  and  elected  members 
of  the  legislature,  I  think  there  were  over  twelve  thousand  votes  cast ;  and,  from  the  best 
estimate  we  could  make,  there  were  only  fifteen  or  sixteen  thousand  voters  at  that  time. 

Question.  How  many  do  you  think  there  are  now  ? 

Answer.  It  is  hard  to  tell  what  has  become  of  a  great  deal  of  our  population  now  ;  they 
do  *not  seem  to  be  there.  I  do  not  think  there  are  twenty-five  thousand  now.  If  there  are, 
several  thousand  must  be  made  up  of  men  from  the  north  who  have  got  a  six  months'  resi 
dence.  We  know  of  neighborhoods  and  localities  where  the  voters  do  not  seem  to  be  there. 
I  think  the  secession  party  undertook  to  get  up  some  counter  action  against  us,  but  they 


ARKANSAS — GEORGIA — MISSISSIPPI— ALABAMA.  75 

conld  only  muster,  to  sustain  the  old  State  government,  some  three  thousand,  and  I  think 
they  took  all  the  soldiers  in  the  army  to  make  up  that  number.  We  were  anxious  to  make 
a  proper  estimate.  We  estimated  only  eight  or  nine  thousand  as  the  probable  vote  upon  the 
constitution  and  for  members  of  the  legislature  out  of  an  estimated  voting  population  of  fif 
teen  thousand,  and  we  got  twelve  thousand.  Perhaps  our  estimate  of  fifteen  thousand  was 
too  small,  but  that  was  the  general  estimate  of  the  oldest  citizens.  There  were  two  or  three 
hundred  polled  against  us. 

Question.  Is  there  any  disposition  in  Arkansas  to  allow  suffrage  to  the  negroes,  or  to  any 
class  of  them  ? 

Answer.  Well,  not  generally.  There  is  a  good  deal  of  prejudice  on  the  part  of  the  poorer 
class.  They  are  all  willing  to  have  slavery  abolished  ;  but  they  want  the  negro  out  of  the 
country.  I  think,  however,  that  that  feeling  is  wearing  away,  and  there  are  men  who  think 
that  the  negro  must  have  suffrage.  But  the  majority,  I  must  say,  are  not  in  favor  of  negro 
suffrage  at  this  time.  It  is  not  unfrequently  that  a  man  expresses  himself  as  willing  to  give 
it  to  those  who  served  in  the  army,  or  who  can  read  and  write,  but  I  do  not  think  you  will 
find  many  advocates  of  general  suffrage  in  Arkansas. 

Question.  If  it  were  limited  to  those  two  classes,  what  would  be  the  feeling,  suppose  Con 
gress  should  exact  that  as  a  condition  of  their  admission  into  the  Union  ? 

Answer.  Well,  sir,  I  am  not  at  all  certain  that  we  could  give  any  suffrage  to  the  negro  at 
this  time.  They  might  do  it,,  but  I  would  not  like  to  give  an  opinion  if  I  could.  I  know 
there  is  so  much  prejudice  against  the  negro  that  there  would  not  be  a  fair  discussion.  Men 
would  dislike  to  enter  a  contest  upon  it.  If  it  was.  to  be  given  it  would  be  only  to  those  who 
had  borne  arms  and  could  read  and  write,  or  perhaps  a  property  qualification  to  show  that 
the  negro  was  thrifty.  Something  of  that  sort  might  be  done ;  but  I  would  not  like  to  give 
an  opinion  that  it  could  be.  I  believe  our  State  would  accept  the  proposed  amendment  and 
take  representation  on  the  basis  proposed.  Many  would  comfort  themselves  with  the  idea, 
"we  will  submit  to  that ;  we  will  compromise  on  that."  There  will  be  a  disposition  to  accept 
that,  but  they  would  not  then  be  disposed  to  let  the  negro  vote.  I  think  it  is  the  opinion  of 
some  that  this  prejudice  will  soon  pass  away,  but  it  is  very  strong  now.  It  is  the  poorer 
class  against  the  negro — a  fear  that  it  would  bring  him  upon  a  par  with  them.  Probably 
you  understand  that  as  well  as  I  can  explain  it  to  you. 

Question.  Our  object  is  to  find  out  the  feeling  of  the  people. 

Answer.  Well,  we  have  a  great  many  that  are  dissatisfied,  and  we  occasionally  have  a  man 
who  complains  loudly.  But  we  are  gaining  ground,  and  I  will  state  why  I  believe  it.  Ten 
months  ago  I  would  not  venture  out  of  Little  Rock  alone.  In  fact,  all  of  us  perilled  our 
lives  in  coming  to  the  convention.  The  secessionists  announced  that  they  would  massacre 
every  man  who  took  part  in  that  convention.  That  was  the  secession  spirit  before  the  sur 
render  of  Lee.  I  can  now  go  all  over  the  State  of  Arkansas  without  running  any  risk  what 
ever.  That  shows  that  there  is  a  very  great  change  in  public  sentiment.  I  would  not  hesi 
tate  to  go  to  any  part  of  the  State  now,  any  more  than  before  the  Avar.  There  is  no  alarm, 
no  fear.  I  have  friends  that  do  go  constantly. 


WASHINGTON,  February  19,  18C6. 

Colonel  Milton  M.  Bane  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Where  do  you  reside? 

Answer.  Quincy,  Illinois. 

Question.  Have  you  been  connected  with  the  army  ;  and  if  so,  in  what  capacity  and  for 
how  long  a  time  ? 

Answer.  I  entered  the  service  in  August,  1861,  as  a  colonel,  and  was  mustered  out  of  the 
service  at  Rome,  Georgia,  in  May  or  June,  1864. 

Question.  How  recently  have  you  been  in  either  of  the  eleven  States  that  have  been  in 
rebellion  ? 

Answer.  I  left  Nashville,  Tennessee,  about  the  last  of  May,  1865. 

Question.  While  you  were  in  the  south  did  you  become  acquainted  with  any  persons  who 
are  now  claiming  seats  in  Congress  from  either  of  the  eleven  States  which  have  been  declared 
in  rebellion  ? 

Answer.  Yes,  sir;  with  Mr.  George  Houston,  of  Alabama,  claiming  a  seat  in  the  United 
States  Senate,  who  lives  at  Athens,  in  that  State.  I  made  his  acquaintance  while  I  was  in 
the  military  service. 

Question.  Do  you  know  anything  of  his  opinions  in  reference  to  the  government  of  the 
United  States  ? 

Answer.  While  I  was  at  Athens,  Alabama,  in  command  of  a  brigade,  Mr.  Houston,  Mr. 
Prior,  and  some  other  gentleman,  came  into  my  office,  and  in  that  conversation  he  expressed 
some  sentiments  which  convinced  me  of  his  animus  towards  the  government.  He  spoke  to 
nv>  about  "  violating  the  Constitution,"  which  is  a  common  expression  with  such  men.  I 
told  him  that  we  were  not  there  to  discuss  that  question  at  all ;  we  had  quit  discussing  such 


76  --*;     RECONSTRUCTION. 

matters,  and  had  come  there  to  fight  it  out ;  that  I  thought  the  men  who  had  voluntarily 
gone  into  the  rebellion,  giving  it  aid  and  comfort,  presented  rather  a  poor  appearance  stand 
ing  there  talking  to  me  about  constitutional  law ;  that  I  was  there  under  the  authority  of  the 
President  of  the  United  States,  Abraham  Lincoln,  and  his  commanding  generals,  and  ex 
pected  to  do  my  duty,  Which  was  to  whip  the  rebels.  Mr.  Houston  replied  to  me  that  lie 
thought  Mr.  Lincoln  was  as  bad  a  traitor  as  Jefferson  Davis,  and  ought  to  receive  the  same 
treatment.  I  told  him  that  I  had  no  doubt  he  entertained  those  views  ;  that  we  on  the  other 
side  did  not,  a'nd  that  was  what  we  were  fighting  about.  A  few  days  ago  I  met  Mr.  Houston 
at  Willards'  Hotel,  in  this  city.  I  accosted  him,  shook  hands  with  him,  and  we  passed  a 
few  words.  I  asked  him  how  he  felt  on  the  subject.  Pie  said,  "About  as  usual,"  "Well," 
said  I,  "do  you  feel  towards  Mr.  Lincoln  and  his  friends  as  you  did  when  you  spoke  to  me 
in  Alabama  a  couple  of  years  ago?"  He  seemed  a  little  surprised,  and  asked  me  how  that 
was,  and  I  told  him.  Said  he,  "Yes,  sir  ;  I  think  to-day  that  Mr.  Lincoln  was  a  worse  man 
than  Jefferson  Davis."  I  think  the  words  he  used  were,  "worse  traitor;"  but  I  am  not  right 
certain  about  that.  I  said  to  him,  "Is  that  your  opinion  to-day?"  "Yes,"  he  said,  "I 
'have  not  changed  it."  Of  course,  I  then  left  him,  and  have  had  no  more  to  say  to  him. 
That  was  the  end  of  our  conversation.  Mr.  Houston  always  treated  me  gentlemanly  at  his 
house  and  in  his  visits  to  me. 

Question.  Did  he  claim  or  profess  to  be  a  Union  man  ? 

Answer.  No,  sir ;  not  a  Union  man,  but  a  constitutional  man,  as  he  termed  it. 

Question.  What  did  you  understand  by  that? 

^  Answer.  I  understood  that  he  claimed  that  we,  the  war  party,  were  violating  the  Constitu 
tion  in  a  worse  manner  than  Jefferson  Davis  and  his  friends.  That  was  my  understanding 
of  it. 

Question.  Do  you  know  anything  concerning  others  claiming  seats  as  senators  or  repre 
sentatives  from  either  of  those  States  ? 

Answer.  No,  sir ;  I  do  not,  not  personally. 


WASHINGTON,  D.  C.,  February  19,  1866. 
George  R.  Weeks  sworn  and  examined. 

By  Mr.  BouTWELL : 

Question.  State  your  age,  residence,  and  occupation. 

Answer.  I  am  forty  years  of  age ;  I  reside  in  Little  Rock,  Arkansas,  and  am  a  physician 
by  profession. 

Question.  How  long  have  you  resided  in  Arkansas  ? 

Answer.  Two  years  and  a  half. 

Question.  Before  that  time  where  did  you  reside  ? 

Answer.  In  Seneca  county,  Ohio,  for  the  rest  of  my  life. 

Question. .  Have  you  been  in  any  way  connected  with  the  Union  army  ? 

Answer.  Yes,  sir. 

Question.  In  what  capacity  ? 

Answer.  I  was  surgeon  of  volunteers. 

Question.  What  opportunities  have  you  had  during  your  residence  in  Arkansas  of  becoming 
acquainted  with  the  opinions  of  the  people  concerning  the  government  of  the  United  States  ? 

Answer.  I  have  been  over  a  portion  of  the  territory,  and  my  facilities  have  been  pretty 
good  about  Little  Rock,  Pine  Bluff,  Fort  Smith,  and  Helena.  I  had  charge  of  the  district  of 
Little  Rock  for  over  a  year  while  in  the  army,  mingling  with  the  people,  more  or  less,  con 
stantly.  Since  I  have  been  out  of  the  army  I  have  been  travelling  a  good  deal  throughout 
the  State,  mostly  from  Pine  Bluff  to  Fort  Smith,  up  and  down  the  river. 

Question.  As  the  result  of  your  observation,  what  is  the  sentiment  of  the  people  with 
regard  to  the  government ;  are  they  loyal  or  disloyal  ? 

Answer.  I  think  some  of  the  people  are  loyal  and  some  are  disloyal ;  but  my  general 
opinion  in  regard  to  the  matter  is,  that  they  are  in  a  better  condition  to-day  than  they  were 
six  months  ago ;  that  the  spirit  of  disloyalty  is  dying  out  to  some  extent. 

Question.  If  all  the  white  men  in  Arkansas  over  twenty-one  years  of  age  are  permitted  to 
vote,  without  reference  to  their  participation  in  the  rebellion,  what  would  be  the  aggregate 
vote  in  the  State  ? 

Answer.  I  cannot  answer  that  question  positively.  Travelling  from  Fort  Smith  I  found 
in  the  interior  many  more  settlers  from  the  army  than  I  had  expected  to  find.  More  men 
have  gone  to  farming  than  I  anticipated.  I  have  been  of  the  opinion  that  the  Union  party 
would  sustain  itself  there  now  by  a  vote,  but  that,  of  course,  is  only  an  opinion  of  mine. 

Question.  What  is  the  prevailing  sentiment  there  in  regard  to  the  negroes ;  is  there  a 
disposition  to  educate  and  aid  them,  or  to  keep  them  in  the  condition  of  mere  laborers  ? 

Answer.  There  are  some  who  would  educate  them  and'  some  who  would  not.  On  that 
question  the  old  residents  are  divided. 

Question.  Are  the  negroes  disposed  to  work  if  they  are  properly  paid  ? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  77 

Answer.  Yes,  sir ;  I  believe  that  is  the  general  sentiment  on  the  subject.  I  have  been  in 
Tennessee.  Alabama,  Texas,  and  Arkansas,  and  I  believe  that  the  negro  is  in  a  better  con 
dition  in  Arkansas  than  any  other  State  I  have  visited.  They  are  more  generally  at  work 
there,  and  are  making  their  work  more  profitable.  There  are  less  refugees  and  less  depending 
on  public  support.  In  Little  Rock  particularly  they  are  at  work  very  generally,  and  also  on 
the  plantations. 

Question.  Do  they  manifest  a  disposition  to  educate  themselves  ? 

Answer.  Very  great. 

Question.  How  is  it  about  their  accumulating  property  and  acquiring  lands  ? 

Answer.  I  have  heard  a  very  general  desire  among  the  best  of  negroes  for  land.  There 
are  many  individual  instances  that  I  could  cite.  Their  desire  generally  is  for  forty  or  twenty 
acres  of  land.  If  they  could  get  that  they  would  think  themselves  perfectly  happy,  and 
they  are  laying  up  money  for  that  purpose.  I  know  one  negro  by  the  name  of  Albert  who 
has  cultivated,  with  a  little  help,  seventy  acres  of  cotton  and  made  fifty  bales  I  offered  him 
$100  a  month  for  his  services  to  sub-superintend  a  plantation  for  me.  He  remarked  to  me 
very  quietly  that  he  could  not  do  it.  I  asked  him  why ;  did  he  not  like  to  work  for  me  ? 
He  said,  oh,  yes,  but  that  he  rented  a  plantation  of  three  hundred  acres,  and  that  he  could 
make  more  of  it  than  he  Could  by  working  out,  This  spirit  is  growing  very  rapidly. 

Question.  Do  you  apprehend  any  danger  arising  from  the  negroes  if  they  are  properly 
treated  ? 

Answer.  No,  sir ;  not  a  particle. 

Question.  If  the  military  should  be  withdrawn  entirely,  and  the  Freedmen's  Bureau  sus 
pended,  what  would  be  the  result  to  the  Union  men  and  negroes  in  the  State  ? 

Answer.  From  this  time  forward,  the  laboring  season  being  present,  and  idleness  being  the 
great  incentive  to  crime,  I  should  think  there  would  be  very  little  danger,  if  any.  The  people 
generally  are  going  to  work,  and  I  do  not  think  there  is  very  much  opportunity  for  them  to 
commit  depredations.  I  think  when  they  once  get  to  work  it  will  prevent  any  disturbance 
whatever ;  I  do  not  expect  any.  In  regard  to  the  character  of  the  negro,  it  is,  in  my  estima 
tion,  very  excellent.  I  have  been  at  Little-  Rock  two  years  and  a  half,  and  during  that  time 
I  have  not  seen  three  negroes  drunk.  I  wish  I  could  say  as  much  for  the  w>ite  man.  Their 
general  character  and  deportment  has  been  civil. 

Question.  What  is  the  feeling  of  the  people  in  regard  to  conferring  the  elective  franchise 
on  negroes  or  any  part  of  them  ? 

Answer.  In  Arkansas  we  are  divided  into  two  sections ;  those  -who  have  recently  come  there, 
and  the  original  residents :  of  the  latter  class,  I  think  two-thirds  are  opposed  to  negro  suf 
frage.  Many  who  have  been  mustered  out  of  the  army  have  remained  there  ;  many  of  those 
are  in  favor  of  letting  the  negroes  vote.  It  is  my  opinion  that  generally  there  is  a  majority 
against  negro  suffrage — a  small  majority. 

Question.  If  the  negroes  should  be  allowed  to  vote,  any  part  or  the  whole  of  them,  and 
if  a  question  should  arise  involving  the  safety  of  the  Union,  the  preservation  of  the  govern 
ment,  on  which  side  would  the  negroes  be  likely  to  vote? 

Answer.  They  would  vote  on  the  Union  side,  to  a  man.     I  think  they  are  entirely  reliable. 

Question.  Are  there  any  of  the  adult  male  negroes  who  are  unable  to  understand  the 
issues  that  were  involved  in  tke  war  between  secession  and  Union  ? 

Answer.  I  think  there  are  very  few  but  that  have  an  understanding  of  it,  some  more  per 
fect  than  others.  They  all  seemed  to  recognize  the  great  fact  of  their  liberation  by  the 
northern  forces.  I  was  with  General  Sanburn  recently,  who  has  charge  of  the  negroes  in  the 
Indian  territory,  at  Fort  Smith.  A  negro  walked  up  to  him  and  said,  "  Sir,  I  want  you  to 
help  me  in  a  personal  matter."  "Where  is  your  family?"  "On  Red  river."  "Have  you 
not  everything  you  want  ?  "  "  No,  sir."  "  You  are  free !  "  "  Yes,  sir,  you  set  me  free,  but 
you  left  me  there."  "What  do  you  wrant?  "  "I  want  some  land;  I  am  helpless  ;  you  do 
nothing  for  me  but  give  me  freedom."  "Is  not  that  enough?"  "It  is  enough  for  the 
present ;  but  I  cannot  help  myself  unless  I  got  some  land ;  then  I  can  take  care  of  myself  and 
family;  otherwise,  I  cannot  do  it."  They  all  seem  to  have  a  distinct  idea  that  they  are  free, 
and  that  they  are  indebted  for  it  to  the  north. 


WASHINGTON,  D.  C.,  February  19,  1866. 
Major  General  Joseph  R.  West  sworn  and  examined. 
By  Mr.  BouTWELL: 

Question.  State  your  age  and  residence. 

Answer.  I  am  forty-three  years  of  age ;  I  reside  in  San  Francisco,  California. 
Question.  State  how  long  you  have  been  in  the  army  of  the  United  States  during  the 
rebellion. 

Answer.  From  August,  1861,- to  January,  1866. 

Question.  What  parts  of  the  south,  if  any,  have  you  visited  since  Le^'s  surrender? 
Answer.  Alabama,  Louisiana,  and  Texas. 


7  8  RECONSTRUCTION. 

Question.  When  were  you  in  Alabama,  and  what  opportunities  had  you  while  there  for 
ascertaining  the  opinions  of  the  people? 

Answer.  I  was  in  Mobile  shortly  after  its  capture,  and  had  some  social  intercourse  with 
old  residents  in  the  south.  Immediately  after  the  downfall  of  the  southern  confederacy,  the 
people  were  very  much  intimidated  in  consequence  of  their  acts,  and  were  more  subdued 
at  that  period  than  at  the  present  time.  I  was  with  the  first  body  of  troops  that  went  into 
Texas.  I  was  ordered  from  Alabama  to  go  with  Sheridan's  cavalry  to  Texas.  We  went 
through  the  capital  of  the  State,  Austin,  and  from  there  to  San  Antonio.  A  certain  class  of 
the  people  evinced  an  attachment  to  the  Union  which  I  had  not  met  in  any  other  State,  but 
it  was  a  very  small  proportion  of  them. 

Question.  So  far  as  you  have  a  knowledge  of  Alabama,  what  was  the  sentiment  of  the 
people  there  in  regard  to  the  Union  ? 

Answer.  They  did  not  love  it;  they  accepted  the  situation  with  very  ill  grace. 

Question.  Can  the  troops  be  withdrawn  with  safety  from  Alabama? 

Answer.  I  think  not. 

Question.  So  far  as  you  know,  what  has  been  the  influence  of  the  Freedmen's  Bureau 
upon  the  blacks,  beneficial  or  otherwise  ? 

Answer.  I  do  not  think  the  black  man  would  have  a  possible  chance  among  them  unless 
he  has  the  support  of  the  government  through  that  bureau.  I  was  stationed  in  Arkansas  and 
served  there  quite  extensively;  and,  from  the  nature  of  my  command,  I  was  thrown  more  in 
contact  with  the  people  at  large  than  any  other  officer  there ;  I  had  a  movable  command — a 
cavalry  command. 

Question.  For  what  time  were  you  in  Arkansas  ? 

Answer.  From  April,  1864,  to  February,  1865. 

Question.  What,  during  that  time,  was  the  state  of  public  sentiment  in  Arkansas  with  regard 
to  the  Union? 

Answer.  You  must  understand  that  nearly  all  the  men  with  whom  I  came  in  contact  were 
those  who  were  professing  loyalty  at  that  time  to  the  United  States ;  it  was  very  difficult  to 
find  a  male  rebel. 

Question.  Where  were  they  at  that  time  ? 

Answer.  Scattered  about  in  the  army  of  the  confederacy.  There  were  a  few  non-combat 
ants  and  old  men.  They  were  patient,  and  had  no  opportunity  of  expressing  their  true  sen 
timents.  I  was  present  at  the  inauguration  of  Governor  Murphy,  and  I  also  came  in  contact 
with  the  legislature  of  the  State.  I  was  there  at  a  very  critical  time,  and  had  a  good  many 
conferences  with  all  the  representatives. 

Question.  Was  that  a  legislature  elected  by  Union  votes  exclusively  ? 

Answer.  Yes,  sir. 

Question.  Have  you  any  means  of  knowing  what  proportion  of  the  citizens  of  Arkansas 
over  twenty-one  years  of  age  were  engaged  in  the  rebellion  ? 

Answer.  At  the  outset  I  should  say  that  at  least  three-fifths  of  the  people  of  Arkansas  were 
in  favor  of  secession.  At  the  time  of  the  reorganization  of  the  State  government  and  the 
adoption  of  the  State  constitution,  almost  every  man  left  in  Arkansas,  out  of  the  confederate 
service  and  lines,  (which  occupied  the  southwestern  portion  of  the  State, )  was  in  favor  of 
the  new  organization,  the  abolition  of  slavery,  and  the  re-entering  into  the  Union  upon  those 
conditions. 

Question.  Have  you  been  in  Arkansas  since  the  return  of  the  rebel  soldiers? 

Answer.  I  have  not. 

Question.  From  your  knowledge  of  the  negro  race,  are  they  disposed  to  labor  if  they  are 
properly  paid  ? 

Answer.  Not  if  they  can  get  a  living  in  any  other  way.  Any  person  who  has  ever  been  com« 
pelled  to  an  occupation  thinks  that  his  greatest  liberty  consists  in  casting  of  that  trammel, 
and  I  think  that  the  negro's  indisposition  to  work  is  more  attributable  to  that  reason  than  to 
any  natural  slothfulness  on  the  part  of  the  negro.  His  task  is  lifted  from  him,  and  he  feels 
that  the  only  enjoyment  which  his  liberty  has  brought  him  is  exemption  from  labor. 

Question.  Will  he  not  learn  his  mistake  after  awhile? 

Answer.  I  think  he  will. 

Question.  Do  you  entertain  any  danger  of  negro  insurrection  if  the  negroes  are  properly 
treated  ? 

Answer.  Not  a  bit,  if  they  are  properly  treated. 

Question.  If  the  military  and  the  Freedmen's  Bureau  were  withdrawn  from  the  south, 
what  would  you  anticipate  as  the  result  upon  the  truly  loyal  whites,  and  upon  the  negroes 
in  the  south? 

Answer.  The  loyal  whites  would  have  to  flee  the  country  if  they  could  get  away.  The 
negroes  would  be  coerced  at  the  will  of  the  secession  population. 

Question.  Do  you  know  any  of  the  persons  from  Arkansas  claiming  seats  in  the  House  or 
Senate?  If  yea,  what  is  their  reputation  for  loyalty  ? 

Answer.  I  know  Mr.  Snow  and  Mr.  Baxter  claiming  seats  as  senators.  Baxter's  reputa 
tion  for  loyalty  even  among  the  rebels  was  unquestioned.  He  never  submitted  to  their  dic 
tation  in  any  way.  Mr.  Snow  had  to  accept  the  situation,  and,  although  protesting  against 
their  rule,  he  lived  for  some  time  under  it.  Of  the  members  claiming  seats  in  the  House  of 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  79 

Representatives  I  only  know  Colonel  Johnson,  and  his  public  record  is  such  that  I  can  fully 
assent  to  it,  as  being  a  thoroughly  loyal  man,  and  as  having  served  in  the  military  service 
of  the  government. 

Question.  Where  were  you  born,  and  where  did  you  live  previous  to  the  rebellion? 

Answer.  I  was  born  in  the  city  of  New  Orleans,  Louisiana,  from  a  Pennsylvania  parent- 
a-ge.  I  went  to  Pennsylvania  when  I  was  eighteen  months  old,  and  was  educated  there.  I 
lived  south  from  my  seventeenth  to  my  twenty-fifth  year,  when  I  went  to  California,  of  which 
State  I  have  been  a  resident  ever  since. 

Question.  If  there  is  anything  you  wish  to  add  you  are  at  liberty  to  do  so. 

Answer.  You  asked  me  what  would  be  the  consequence  if  the  Freeduieu's  Bureau  and  the 
soldiers  were  withdrawn  from  the  south.  I  would  like  to  except  Arkansas  from  my  answer. 
I  think  that  a  very  small  body  of  troops  can  protect  the  Union  people  of  Arkansas,  with  the 
assistance  of  the  Freedmen's  Bureau.  I  think  that  that  is  indispensable.  I  think  that  Ar 
kansas  is  in  that  condition  that  with  the  Freedmen's  Bureau  and  a  small  military  force  the 
loyal  people  there  will  be  able  to  retain  possession  of  the  government,  but  in  other  States  it  is 
very  different.  I  have  no  confidence  in  the  loyal  feeling  that  is  alleged  to  be  common  in  some 
of  the  others — not  a  bit.  I  have  a  brother  in  the  south,  a  merchant  in  New  Orleans,  and  I 
consider  him  as  big  a  rebel  as  any. 


WASHINGTON,  D.  C.,  February  19,  18G6. 
William  D.  Snow  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  State  your  residence  and  age. 

Answer.  My  residence  is  Pine  Bluff,  Arkansas ;  my  age  is  thirty-four. 

Question.  Are  you  here  claiming  a  seat  in  the  Senate  from  the  State  of  Arkansas  ? 

AnsAver.  Yes. 

Question.  How  long  have  you  resided  in  Arkansas,  and  what  has  been  your  occupation 
while  there  ? 

Answer.  I  resided  there  between  five  and  six  years ;  perhaps  contractor  would  express  my 
occupation  better  than  anything  else. 

Question.  L»id  you  take  part  on  either  side  in  the  war  ? 

Answer.  I  should  prefer  that  you  ask  that  question  of  others  who  know  me.  I  can  only 
say  that  my  sympathies  during  the  entire  struggle  were  with  the  United  States  ;  that  I  took 
no  part  in  the  war  as  against  the  United  States,  and  by  all  means  in  rny  power,  and  as  soou, 
as  opportunity  offered,  I  accomplished  all  that  I  could  in  favor  of  the  Union. 

Question.  Have  you  held  any  office  in  Arkansas  previous  to  your  appointment  as  senator? 

Answer.  No,  sir." 

Question.  What  means  have  you  had  of  knowing  the  condition  of  Arkansas  since  Lee's 
surrender  ? 

Answer.  A  continuous  communication  with  most  of  the  leading  men  on  both  sides.  I 
mean  those  whom  I  know  to  be  Union  men  and  those  who  participated  in  the  rebellion. 

Question.  What  do  you  estimate  the  voting  population  of  Arkansas  to  be  at  the  present 
time  ? 

Answer.  I  think  there  ought  to  be,  under  all  circumstances,  between  20,000  and  25,000 
voters  in  the  entire  State  now,  of  all  shades  of  opinion.  S*  %. 

Question.  WThat  was  the  vote  in  18(50,  before  the  war? 

Answer.  If  I  remember  correctly,  it  was  about  54,000. 

Question.  How  do  you  account  for  the  loss  ? 

Answer.  I  account  for  it  first  by  the  decimation  of  the  confederate  army.  I  understand 
there  were  about  17,000  volunteer  troops  from  Arkansas  in  the  confederate  army.  If  my 
memory  serves  me  right,  there  were  some  20,000  conscripts,  making  about  37,000  troops  in 
the  confederate  service  from  Arkansas.  The  best  information  I  can  get  as  to  the  number  of 
troops  who  have  entered  the  federal  service  is  from  the  Adjutant  General,  who  states  it  at 
about  13,000,  making  in  both  armies  nearly  50,000  men  taken  from  the  voting  population.  I 
learned  from  the  paymaster  who  pays  the  Arkansas  troops  that  the  average  number  of  re 
cruits  to  each  of  the  Arkansas  regiments  was  something  between  1,400  and  1,500,  the  deaths 
having  been  very  large.  I  arrive  at  my  conclusion  from  the  fact  that  on  the  confederate  side 
of  the  line,  in  October,  1863,  an  election  was  held  four  months  prior  to  the  election  at  which 
was  inaugurated  our  government,  and  in  that  election  I  was  informed  by  A.  H.  Garland,  late 
confederate  senator,  Avhose  brother  was  elected  to  Congress,  that  such  had  been  the  losses  of 
the  Arkansas  troops  in  the  confederate  army,  and  so  sparse  was  the  population  comprised 
within  their  lines,  that  in  both  the  army  and  in  that  section  which  they  occupied  they  got  but 
3,500  votes,  perhaps  less.  Our  vote  in  the  succeeding  March  was,  1  think,  between  12,000 
and  13,000. 

Question.  Have  not  a  large  number  of  men  returned  from  the  rebel  army  at  the  close  of 
the  war  to  their  old  homes  in  Arkansas  ? 

Answer.  I  am  unable  to  say.    The  impression  that  I  got  from  my  letters  is,  that  they  were 


80  RECONSTRUCTION. 

not  a  very  large  number ;  that  the  Arkansas  troops  suffered  terribly.  For  instance,  ther« 
were  5,000  Arkansas  troops  taken  at  the  Post  of  Arkansas  who  were  transferred  to  Virginia, 
and  very  few  of  whom,  comparatively,  returned.  Kirby  Smith's  army  lay  inactive  for  18 
months,  the  troops  rotting  in  camp,  until  the  Arkansas  contingent,  as  I  understood,  fell  even 
below  the  Missouri  contingent. 

Question.  Do  your  laws  disfranchise  those  who  participated  in  the  rebellion  ? 

Answer.  We  had  a  disfranchising  act,  but  the  supreme  court,  at  a  recent  session,  declared 
the  act  unconstitutional.  # 

Question.  So  that  hereafter  all  will  vote  ? 

Answer.  Hereafter  the  late  rebels  will  vote  under  the  provisions  of  the  amnesty  proclama 
tion. 

Question.  What  proportion  of  those  20,000  men  would  prefer  the  government  of  'the 
United  States  to  the  confederate  government  if  it  were  possible  to  establish  the  confederate 
government  ? 

Answer.  I  think  a  large  majority  would  prefer  the  government  of  the  United  States.  I 
judge  so  from  the  fact  that  the  election  held  to  adopt  the  constitution  was  as  free  and  fair  an 
election  as  was  ever  held  anywhere.  The  people  turned  out  with  vigor,  and  I  know  that  a 
very. material  change  has  taken  place  in  the  feelings  of  the  people. 

Question.  Suppose  it  should  prove  to  be  true  that  one-half  of  those  who  had  gone  in  the 
confederate  army  had  returned  and  were  at  home  in  Arkansas,  what  then  would  be  your 
opinion  as  to  the  sentiments  of  the  people  ? 

Answer.  Supposing  that  one-half  of  the  37,000  had  returned,  I  think  that  sympathies 
would  be  more  equally  balanced  ;  the  turbulent  secessionists  having  volunteered  and  very 
many  of  the  conscripts  being  Union  men.  In  other  words,  I  believe  that,  under  such  cir 
cumstances,  and  under  proper  auspices,  such  as  a  certainty  that  the  officers  elected  to  Congress 
would  be  admitted,  and  that  the  support  of  the  United  States  government  was  back  of  them, 
we  could  get  18,000  to  20,000  votes  to-day  in  Arkansas. 

Question.  Is  the  condition  of  Arkansas  such  that  it  would  be  safe  to  withdraw  the  mili 
tary  ? 

Answer.  In  regard  to  that  I  am  unable  to  say.  I  can  only  judge  from  the  almost  entire 
tranquillity  of  the  country,  and  from  the  expressions  contained  in  my  letters,  and  from  con 
versations  which  I  have  had  with  gentlemen  from  there.  I  think  that  order  would  be  pre 
served  beyond  doubt.  Having  been  absent  from  there  since  the  25th  of  April  last,  I  cannot 
say  from  my  personal  knowledge.  The  testimony  I  get  is  in  favor  of  the  idea  that  the  State 
government,  particularly  if  recognized,  would  be  able  to  sustain  itself,  »and  ^at  government 
is  entirely  in  the  hands  of  loyal  men. 

Question.  Do  you  regard  the  continuance  of  the  Freedmen's  Bureau  as  important  to  your 
State,  or  otherwise  ? 

Answer.  I  have  been  gratified  to  see  that  the  relations  of  the  people  of  Arkansas  to  the 
freedmen  are  of  a  more  amicable  and  satisfactory  nature  than  they  have  been,  elsewhere, 
judging  from  newspaper  reports.  The  necessity  for  the  Freedmen's  Bureau  I  do  not  regard 
as  being  as  great  in  Arkansas  as  it  is  elsewhere.  I  do  not  think  that  the  loyal  people,  or 
even  a  majority  of  the  people,  have  any  objection  to  it ;  and,  if  I  do  not  mistake,  they  would 
prefer  it.  Honestly  administered,  it  promptly  settles  disputes  between  master  and  servant, 
fixes  wages,  gives  both  an  inexpensive  court  of  appeal  in  the  nature  of  arbitration,  and,  in 
the  existing  condition  of  the  African  race,  affords  certainty  to  labor  and  investment. 

Question.  Have  you  any  personal  knowledge  of  any  of  the  other  States  that  were  in 
rebellion,  except  Arkansas  ? 

Answer.  No,  sir;  I  cannot  say  that  I  have  to  any  extent,  not  to  a  sufficient  extent  to  give 
an  opinion  that  would  be  of  any  value. 

Question.  Are  the  negroes  in  Arkansas  disposed  to  work  if  they  are  properly  paid  ? 

Answer.  I  can  give  you  my  experience,  and  perhaps  it  may  illustrate  the  experience  of 
others  in  that  respect.  Having  a  good  deal  of  confidence  in  the  black  man,  if  once  allowed 
to  take  the  proceeds  of  his  own  labor,  my  father  undertook  to  gather  the  crops  of  two  01 
more  plantations  in  the  vicinity  of  Pine  Bluff,  and  in  his  absence  I  acted  for  him,  thus  bringing 
me  in  direct  contact  with  the  hands  he  employed.  I  think  that  he  employed  about  two 
hundred  and  fifty.  My  estimate  was,  after  analyzing  the  reports  of  the  different  parties  in 
charge,  who  kept  an  exact  record  of  the  time  and  work  of  each  hand,  that  at  that  early  day, 
when  the  freedmen  were  yet  disturbed,  while  they  were  not  fully  aware  of  the  obligations 
belonging  to  their  new  status,  about  seventy-five  per  cent,  of  them  worked  faithfully  and 
satisfactorily.  My  conviction  was  and  is,  that  under  proper  treatment,  with  a  little  patience, 
as  they  acquire  experience  the  percentage  will  be  largely  increased,  and  that  the  number  of 
inefficient  ones  will  be  no  greater  than  with  any  other  people  of  the  same  class.  I  was  rather 
surprised  at  the  facts.  What  the  state  of  affairs  may  be  now  in  respect  to  the  freedmen,  I 
am  unable  to  say  from  personal  knowledge,  but  my  information  and  belief  is  that  it  is  im 
proved,  and  that  it  will  continue  to  improve  as  they  become  educated  to  their  new  status. 

Question.  Is  there  any  danger  of  a  negro  insurrection  if  the  negroes  are  properly  treated  ? 

Answer.  None  at  all,  sir. 

Question.  What  is  the  disposition  of  the  negro  in  regard  to  education  ? 

Answer.  My  experience  has  been  that  they  are  eager  to  learn,  anxious  for  educationt    This 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  81 

is  the  result  of  my  observation  of  some  of  my  own  servants,  taught  by  my  wife,  and  also  of 
a  general  observation  wherever  schools  were  established. 

Question.    Are  they  disposed  to  save  their  earnings  .' 

Answer.  At  the  time  I  was  in  contact  with  them,  immediately  after  the  arrival  of  our  arm  y, 
and  while  money  was  new  to  them,  and  they  had  scarcely  learned  its  use,  they  were  not 
disposed  to  save  it.  My  information  on  that  point  since  is,  that  they  have  improved  very 
greatly,  and  are  buying  land.  At  that  time  they  were  more  like  children — trusting,  dependent, 
lavish,  and  improvident. 

Question.  What  distinction  is  made  by  your  laws  in  the  civil  and  political  rights  of  negroes, 
as  compared  with  those  of  white  men  ? 

Answer.  I  have  been  examining  that  point  with  more  particularity  since  I  arrived  here  ; 
the  equality  of  civil  rights  being  generally  conceded  at  home,  and  having  had  no  occasion 
to  examine  it  there.  I  have  with  me  the  old  constitution  of  Arkansas  and  the  new  one.  Both 
constitutions  retain  the  word  "white"  in  that  clause  which  permits  the  franchise.  The  old 
constitution,  section  1  of  article  2,  reads : 

"That  all  free  men,  when  they  form  a  social  compact  are  equal,  and  have  certain  inherent 
and  indefeasible  rights,  amongst  which  are  those  of  enjoying  and  defending  life  and  liberty, 
of  acquiring,  possessing,  and  protecting  property  and  reputation,  and  of  pursuing  their  own 
happiness." 

Our  convention,  recognizing  the  manhood  of  the  negro,  struck  out  the  word  "free,"  and 
now  the  section  reads  in  the  new  constitution : 

"That  all  men,  when  they  form  a  social  compact,  are  equal,"  &.c. 

Section  10  of  toe  same  article  in  the  old  constitution  reads  : 

"That  no  free  man  shall  be  taken  or  imprisoned,  or  disseized  of  his  freehold,  liberties,  or 
privileges,  or  outlawed  or  exiled,  or  in  any  manner  destroyed  or  deprived  of  his  life,  liberty, 
or  property,  but  by  the  judgment  of  his  peers  or  the  lawr  of  the  land." 

In  the  new  constitution,  the  convention  struck  out  the  word  "free,"  so  that  it  now  reads: 

"  That  no  man  shall  be  taken  or  imprisoned,  or  disseized  of  his  freehold,  liberties  or  privi 
leges,''  &c. 

So  far  as  I  have  been  able  to  learn,  the  question  in  regard  to  the  perfect  equality  of  civil 
rights  has  not  beenraised  as  against  the  negro.  I  think  the  question  has  been  raised  in  regard 
to  the  possession  of  real  estate,  and  by  an  almost  concurrent  opinion  the  decision  has  been 
arrived  at  that  there  was  no  distinction.  In  regard  to  testimony,  I  do  not  think  the  question 
has  been  raised  as  against  him,  but  it  seems  apparent  to  rne  that  the  intention  of  the  con 
vention  was  (and  this'  seems  to  be  the  general  opinion  of  all)  that  there  is  an  equality  of  civil 
rights  under  the  organic  law  of  our  State. 

There  is  one  other  clause  in  the  constitution  to  wrhich  I  may  refer.  The  old  constitution 
and  the  new  constitution  are  identical  in  this  :  The  old  constitution  declares,  "that  the  tree 
white  men  of  the  State  shall  have  a  right  to  keep  and  to  bear  arms  for  their  common  defence." 
The  new  constitution  retains  the  words  "free  white"  before  the  word,  "men."  I  think  I 
understand  something  of  the  reasoning  of  the  convention  on  that  score.  At  the  time  this 
new  constitution  was  adopted  we  were  yet  in  the  midst  of  a  war,  and,  to  some  southern  eyes, 
ilirn-  was  yet  an  apparent  chance  as  to  which  way  the  war  might  terminate  ;  in  other  words, 
the  rebellion  was  not  entirely  crushed.  Two  years  ago  in  January,  there  was  also  some  un 
certainty  in  the  minds  of  timid  men  as  to  what  the  negro  might  do,  if  given  arms,  in  a  tur 
bulent  state  of  society,  and  in  his  then  uneducated  condition  ;  and  to  allay  what  I  was  confi 
dent  was  an  unnecessary  alarm,  that  clause  was  retained.  In  discussing  the  subject,  the 
idea  prevailed  that  that  clause,  being  simply  permissive,  would  not  prevent  the  legislature, 
if  at  a  future  time  it  should  be  deemed  advisable,  from  allowing  the  same  rights  to  the  col 
ored  man.  I  understand  that  that  principle  was  kept  in  view  also  in  the  decision  of  the 
supreme  court  in  regard  to  the  disfranchising  act  of  the  legislature ;  that  is,  that  the  court 
decided  that  the  legislature  could  not  restrict  the  right  of  franchise  under  the  constitution, 
but  might  enlarge  it.  I  understand  that  that  has  been  the  decision  of  the  supreme  court  in 
our  State.  I  learn  it  directly  from  one  of  the  judges.  I  have  not  seen  the  decision. 

Question.  What  is  the  present  opinion  of  the  people  as  to  conferring-  suffrage  on  the  negroes 
or  on  any  class  of  them  ? 

Answer.  I  do  not  think  they  are  prepared  for  it.     I  may  say  this,  however — (and  I  do  say 
it  with  certainty,  for  the  question  was  canvassed  with  a  number  of  members  of  the  legisia- 
'  ture) — that  they  would  rather  have  given  suffrage  to  loyal  black  men,  had  it  have  been  ne 
cessary,  than  to  have  been  controlled  by  rebels.     A  portion  of  the  legislature  of  Arkansas,  as 
last  assembled,  would  have  been  willing  to  have  granted  the  right  of  suffrage  with  educa 
tional  qualifications.     The  chief  reason  Avhy  that  was  not  attempted  was  this:     Our  consti 
tution  provides  that,  whenever  three-fourths  of  one  legislature  propose  an  amendment,  and 
three-fourths  of  another  legislature  ratify  it,  it  becomes  an  amendment.     The  question  was 
discussed  in  caucus,  as  to  whether  or  not  it  was  practicable  to  carry  that  amendment  in  view 
of  the  prejudices  of  the  rank  and  file  of  the  people  who  were  brought  up  in  the  midst  of 
slavery,  and  it  was  decided  that  it  would  not  be  safe  to  divide  the  Union  men  on  that  sub 
ject  while  the  State  was  still  inchoate  and  unrecognized,  and  the  rebels  were  acting  as  a  unit. 
Question.  If  the  negroes  were  enfranchised,  and  a  question  should  arise  involving  the  sep- 
aiation  of  Arkansas  from  the  United  btates,  on  which  side  would  the  negroes  vote/ 
6    A    G    M    A 


82  RECONSTRUCTION. 

Answer.  I  should  have  very  great  confidence  in  their  voting  on  the  side  of  the  Union. 
But,  in  that  connexion,  justice  to  the  loyalty  of  Arkansas  and  to  the  acquiescence  au>l  good 
conduct  of  the  mass  of  our  people  of  all  classes  requires  me  to  say  that  a  majority  of  the  peo 
ple  of  Arkansas,  I  am  satisfied,  beyond  the  shadow  of  a  doubt,  would  to-day  vote  the  >n\n>' 
way.  With  the  negro  voting,  it  would  be  no  surer  than  it  is  to-day.  With  him  it  is  sure  ; 
without  him  it  is  equally  sure.  I  have  no  question  but  that  the  negroes  would  vote  almost, 
if  not  quite,  unanimously,  in  favor  of  the  Union.  I  should  have  more  confidence  in  their 
voting  right  on  the  question  of  the  Union  than  I  should  on  financial  questions  and  questions 
of  foreign  policy. 

Question.  If  you  desire  to  state  anything  else  to  the  committee  you  may  do  so. 

Answer.  -Something  has  been  said  in  reference  to  the  paucity  of  the  votes  at  the  last  State 
election.  I  think  an  explanation  of  the  fact  may  be  offered.  It  arose  from  two  or  three  con 
siderations:  First,  that  in  two'of  the  districts  all  the  candidates  were  loyal,  and  there  was  no 
contest  except  on  the  question  of  personal  preference ;  second,  that  the  loyal  men  of  Arkan 
sas  had  already  elected  representatives  to  Congress,  who  had  been  rejected.  There  was  a 
feeling  of  discouragement  and  despondency,  a  general  feeling  that  another  election  was  prac 
tically  useless.  The  delay  of  justice  had  paralyzed,  though  it  has  not  eradicated,  the  vigor 
of  their  patriotism.  The  life  and  energy  which  should  attend  an  e'lectiou  of  that  kind  were 
lost,  That,  superadded  to  the  fact  that  the  country  is  very  poor,  that  post  offices  are  not  yet 
generally  established,  that  polling  places  were  scarce  and  the  roads  in  bad  condition,  having 
been  torn  up  by  the  war,  was  calculated  to  make  the  vote  a  very  light  one.  In  many  coun 
ties  there  was  really  no  contest. 

(Witness  presents  to  the  committee  a  copy  of  the  constitution  of  the  State  of  Arkansas, 
framed  by  the  last  convention  which  met  for  that  purpose,  and  which  is  attached  to  his  testi- 
rfcony. )  . 

Under  the  permission  you  so  courteously  accord  to  state  such  other  facts  as  occur  to  me,  I 
desire  to  call  the  attention  of  the  committee  to  the  following  facts,  which  I  state  under  the 
obligations  of  my  oath: 

First.  The  movement  which  resulted  in  the  establishment  of  the  existing  free  State  gov 
ernment  in  Arkansas  was  the  spontaneous  act  of  the  loyal  people  themselves,  while  the  war 
yet  subsisted  with  great  vigor,  in  the  face  of  many  military  discouragements,  and  when  de 
feat,  which  seemed  possible  to  many,  even  at  the  north,  would  have  been  an  immediate  sen 
tence  of  death  or  extradition,  with  a  total  abandonment  of  their  all,  to  every  man  who  engaged 
in  it. 

Second.  It  was  commenced  under  these  circumstances,  with  the  encouragement,  as  the 
result  proved,  of  more  than  one-half  of  the  then  existing  voters  of  the  State,  within  six  weeks 
of  the  capture  of  the  capital,  and  before  the  issuance  even  of  President  Lincoln's  proclama 
tion  of  December  8,  1803,  and  was  not  the  result  of  any  inspiration,  military  or  civil,  from 
Washington ;  though  when  the  proclamation  was  kuoj.vn  and  the  countenance  of  President 
Lincoln  secured,  they  were  laid  hold  of  by  the  loyal  people  thus  moving  as  the  sheet  anchors 
of  their  hope. 

Third.  The  mode  and  manner  of  accomplishing  the  glorious  result  which  has  been  achieved 
in  Arkansas,  or  the  results  themselves,  anticipating,  as  they  did,  by  nearly  two  years,  even 
the  demands  of  advancing  public  opinion  in  the  north,  as  expressed  by  Congress  and  the 
President,  in  repudiating,  through  the  constitution,  the  rebel  debt,  so  far  as  Arkansas  could, 
(first  two  paragraphs  ot  the  constitution;)  in  abolishing  slavery  and  carefully  guarding  even 
apprenticeship  during  non-age,  (page  13,  art,  5,  constitution;)  in  awarding  equality  of  civil 
rights  to  all  men,  (sec.  2,  art.  2;  sec.  10,  art.  2 ;)  in  declaring  not  alone  the  ordinance  of  se 
cession,  but  all  political  acts  of  the  secession  convention  null  and  void,  (constitution,  1st  and 
2d  clause;)  and  in  providing  by  ordinance  that  "no  act  of  the  legislature  of  the  State  pro 
hibiting  the  education  of  any  class  of  the  inhabitants  thereof  shall  have  the  force  of  law."  I 
say  that  the  mode  and  manner  of  accomplishing  these  results,  nor  the  results  themselves, 
were  not,  as  has  been  charged,  prescribed  by  presidential  intervention,  but  were  the  volun 
tary  acts  of  the  State  into  whose  status  you  are  now  inquiring,  the  self-evoked  ideas  and 
prim-iples  of  a  loyal  and  aggrieved  people,  who  had  learned  in  the  school  of  suffering  at  once 
the  perfidy  and  enormity  of  slavery  and  the  confederacy.  In  corroboratiou  of  this,  I  beg  to 
hand  you  the  following  telegraph  from  President  Lincoln,  dated  several  weeks  after  the  con 
vention  had  adjourned,  and  which  I  know  to  be  authentic: 

"WASHINGTON,  Februarys,  1864. 
**  To  I.  MURPHY : 

"My  order  to  General  Steele  about  an  election  was  made  in  ignorance  of  the  action  your 
convention  had  taken  or  would  take.  A  subsequent  letter  to  General  Steele  directs  him  to 
aid  you  in  your  own  plan,  and  not  to  thwart  or  hinder  you.  Show  this  to  him. 

Fourth.  I  desire  also  to  call  your  attention  to  this  peculiarity  in  the  State  of  Arkansas  ;  so 
harmonious  were  the  people  in  a  desire  for  the  resumption  of  federal  relations,  even  during 
the  initiatory  of  the  free  {Suite  government,  that  it  was  not  even  deemed  neces.-ury  by  Presi 
dent  Lincoln  to  appoint  ti  provisional  governor,  clothed  with  military  or  any  other  power. 
The  people  themselves,  the  almost  umuiiuiuus  source  of  this  indisputably  republican  State 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  83 

government,  cheerfully  sustained  the  power  of  the  provisional  governor  appointed  by  the 
convention,  and  on  the  ratification  of  the  constitution  by  twelve  thousand  majority,  the  State 
passed  as  quietly  and  naturally  from  the  hands  of  the  provisional  governor  of  the  convention, 
into  those  of  the  authorities  and  the  same  governor,  elected  by  the  people,  as  it  ever  did  from 
one  administration  to  another. 

Fifth.  More  than  a  year  after,  though  our  representatives  had  not  been  recognized,  and 
no  act  of  sustenance  or  support,  or  word  of  appreciation  or  encouragement  from  Congress 
had  ever  greeted  the  ears  of  loyal  Arkansas,  the  legislature  unanimously  ratified  the  consti 
tutional  amendment,  showing  an  undiminished  patriotism,  and  an  abiding  faith  in  the  sym 
pathy  and  ability  of  a  majority  of  the  people  to  support  them. 

Sixth.  The  State  is  now  fully  organized,  county  officers  being  appointed  and  acting  in 
every  county  of  the  State  ;  courts  are  established  in  every  judicial  district ;  their  decrees  are 
respected  and  judgments  executed  without  molestation  or  disturbance,  and  in  no  single  in 
stance,  to  my  knowledge,  has  the  commander  of  the  department  been  called  upon  to  aid  iu 
the  execution  of  civil  law  by  active  military  interference. 

Seventh.  The  returned  rebels  now  very  generally  give  in  their  adhesion  to  the  State  gov 
ernment,  with  all  its  concomitants  and  consequences  to  the  negro.  So  unanimous  is  the 
belief  in  the  tranquillity  of  affairs,  the  stability  of  the  free  State  government,  and  through  it 
in  the  harmonious  resumption  of  federal  relations,  that  our  State  credit  at  home,  no  bad  bar 
ometer  of  public  confidence,  has  risen,until  our  warrants,  without  recognition,  and  with  an 
empty  treasury,  are  in  demand  at  ninety  (90)  cents  on  the  dollar.  There  is  not,  to  my 
knowledge,  any  man  of  distinction  in  the  State,  formerly  identified  with  secession,  now 
openly  opposed  to  the  Union.  Recusants  there  may  be,  and  are,  but  they  are  without 
weight  of  character  or  influence.  Their  first  object  of  attack  would  naturally  be  the  State 
government,  yet  though  an  attempt  has  recently  been  made  to  assemble  a  State  convention 
against  that,  as  the  beginning  of  an  opposition  party  movement,  after  a  two  month's  notice, 
and  unwearied  efforts  on  the  part  of  the  few  irrepressible  malcontents,  but  fourteen  (14)  dele 
gates  assembled,  who,  conscious  of  the  abortion,  made  haste,  without  taking  any  action,  to 
adjourn. 

Eighth.  There  is  a  very  general  desire  for  northern  immigration.  No  social  proscription 
or  political  ostracism  is  exercised  towards  northern  men  that  I  am  aware  of;  it  may  possibly 
exist  in  some  remote  neighborhoods,  but  is  not  general.  On  the  contrary,  northern  immi 
gration,  capital,  and  inventions,  are  warmly  invited,  as  the  general  rule.  In  illustration  of 
this,  I  may  mention  that  of  the  thirty  (30)  officers  of  our  "  Immigrant  Aid  Society,'*  scat 
tered  among  eminent  men  all  over  the  State,  twenty-five  or  six  are  old  citizens  of  Arkansas, 
while  two  are  ex-federal,  and  two  ex-confederate  general  officers.  This  is  not  a  mere  paper 
institution,  but  is  an  active  organization,  well  adapted  to,  and  vigorously  carrying  out,  the 
work  for  which  it  is  designed. 

Ninth.  In  further  illustration  of  the  earnest  and  honest  desire  of  the  people  of  Arkansas 
to  harmonize  thoroughly  their  policy  with  that  of  the  government  in  national  affairs,  I  offer 
the  following  resolutions,  adopted  by  the  house  of  representatives  of  the  general  assembly,  to 
insure  the  election  of  uncompromising  Union  men  as  senators  in  Congress : 

A  copy  of  resolutions  of  the  house  of  representatives  of  the  general  assembly  of  the  State  of 
Arkansas,  passed  prior  to  going  into  election  for  United  States  senators,  requiring  each  can 
didate  to  take  and  subscribe  to  the  test  oath  prescribed  by  the  United  States  Senate,  and  pro 
pounding  certain  questions,  with  the  answers  thereto,  by  William  D.  Snow,  one  of  the  senators 
elect  from  Arkansas,  and  a  candidate  at  said  election  : 

Resolved,  That  whereas  it  devolves  upon  the  general  assembly  of  this  State  to  fill  the 
vacancies  now  existing  in  the  federal  Congress,  by  the  election  of  two  United  States  sena 
tors,  and  that  this  house,  feeling  the  deep  importance  of  the  duty  so  devolving  upon  them, 
desires  that  the  most  fit  persons  be  selected  to  fill  such  vacancies ;  and  believing  that 
patriotism,  honesty,  and  capacity  are  the  only  measures  by  which  such  fitness  can  be  truly 
judged :  Therefore  be  it 

Ifesolced,  That  any  person  who  may  or  shall  offer  himself  as  a  candidate  for  the  suffrages 
of  this  house  for  the  position  of  United  States  senator  must,  prior  to  going  into  the  election 
of  United  States  senators,  file  with  the  clerk  of  this  house  a  plain  and  unequivocal  answer  to 
the  following  questions,  and  also  take  and  subscribe  the  test  outh  prescribed  for  United 
States  senators,  and  that  such  oath  and  such  questions  shall  be  subscribed  and  sworn  to 
before  the  clerk  of  this  house : 

1.  Have  you  ever  taken  an  oath  to  support  the  constitution  of  the  Confederate  States ;  if 
you  have,  under  what  circumstances  ? 

(Answered,)  "No." 

£.  Have  you  ever  signed  any  petition  or  paper  requesting  any  convention,  body,  legisla 
ture  or  assemblage  of  citizens  to  authorize  or  request  them  to  transfer  the  State  or  Arkansas 
from  the  federal  Union,  or  to  acknowledge  the  right  of  secession  from  said  federal  Union  by 
said  Arkansas,  or  to  request  said  body,  assemblage,  convention  or  legislature  to  pass  any  act 


84  RECONSTRUCTION.  « 

or  resolution  of  secession,  or  if,  when  passed,  did  you  indorse  such  procedure;  if  so,  under 
what  circumstances  ? 
(Answered,)  "No." 

3.  Have  you  ever  held  any  elective  or  military  office  in  this  State  since  the  supposed  act 
of  secession  of  the  State  of  Arkansas  ;  if  so,  what  was  such  office  1 

(Answered,)  "No." 

4.  Have  you  ever  aided  or  abetted,  directly  or  indirectly,  the  secession  of  the  State  of  Ar 
kansas  from  the  federal  Union  1 

(Answc^,)  "No."  WILLIAM  D.  SNOW. 

TEST  OATH. 

I  do  solemnly  swear  (or  affirm)  that  I  have  never  voluntarily  borne  arms  against  the 
United  States  since  I  have  been  a  citizen  thereof;  that  I  have  voluntarily  given  no  aid, 
countenance,  counsel  or  encouragement  to  persons  engaged  in  armed  hostility  thereto  ;  that 
I  have  neither  sought  nor  accepted,  nor  attempted  to  exercise  the  functions  of  any  office 
whatever  under  any  authority  or  pretended  authority  in  hostility  to  the  United  States  ;  that 
I  have  not  yielded  a  voluntary  support  to-  any  pretended  government,  authority,  power  or 
constitution  within  the  United  States  hostile  or  inimical  thereto.  And  I  do  further  swear 
(or  affirm)  that  to  the  best  of  my  knowledge  and  ability  I  will  support  and  defend  the  Con 
stitution  of  the  United  States  against  all  enemies,  foreign  and  domestic  ;  that  I  will  bear  true 
faith  and  allegiance  to  the  same  ;  that  I  take  this  obligation  freely,  without  any  mental 
reservation  or  purpose  of  evasion  ;  that  I  will  well  and  faithfully  discharge  the  duties  of  the 
office  on  which  I  am  about  to  enter  :  So  help  me  God. 


Subscribed  and  sworn  to  before  me  this  1st  day  of  May,  1864. 

Chief  Clerk  House  of  Representatives. 

In  relation  to  the  vote  of.Arkansas,  I  desire  to  say  that,  to  the  best  of  my  recollection,  so 
heavy  had  been  the  draft  of  the  war  on  the  voting  population  of  the  State  in  the  first  year  or 
eighteen  mouths,  that  when  Henry  Rector,  who  had  been  legislated  out  of  office  by  th'e  con 
vention,  ran  against  Horace  Flannigau  for  governor,  (Rector  having  announced  his  dissatis 
faction  with  the  confederacy,  and  being  supported  by  many  conservative  men,  and  the  con 
test  being  a  vigorous  one,  )  the  vote  of  the  entire  State  had  already  fallen  to  about  thirty-t  wo 
thousand  from  the  fifty-four  thousand  of  less  than  two  years  previous.  Of  the  forty  four 
thousand  votes  cast  at  the  election  for  members  of  the  convention,  the  Union  candidates 
received  a  popular  majority  of  about  eight  thousand.  The  secession  ordinance  was  defeated 
at  the  regular  session  of  the  convention,  and  was  only  passed  at  an  irregularly  called  session 
with  only  twenty  days'  notice  after  some  months'  interval,  and  the  ordinance  never  was 
referred  to  the  people.  To  show  the  manner  in  which  our  people  regard  immigration,  as  a 
means  of  material,  moral,  and  mental  growth  and  expansion,  and  that  there  exists  not  only 
no  prejudice,  but,  on  the  contrary,  that  an  earnest  effort  to  promote  it  is  being  made,  I  hand 
you  one  of  the  circulars  of  the  Arkansas  Immigrant  Aid  Society,  previously  mentioned  by  me, 
remarking  that  this  is  only  one  of  a  series  still  being  issued. 

CONSTITUTION  OF  THE  STATE  OF  ARKANSAS. 

We,  the  people  of  the  State  of  Arkansas,  having  the  right  to  establish  for  ourselves  a  con 
stitution  in  conformity  with  the  Constitution  of  the  United  States  of  America,  recognizing 
the  legitimate  consequences  of  the  existing  rebellion,  do  hereby  declare  the  entire  action  of 
the  late  convention  of  the  State  of  Arkansas,  which  assembled  in  the  city  of  Little  Rock  on 
the  4th  day  of  March,  1861,  was,  and  is,  null  and  void,  and  is  not  now,  and  never  has  been, 
binding  and  obligatory  upon  the  people. 

That  all  the  action  of  the  State  of  Arkansas,  under  the  authority  of  said  convention,  of 
its  ordinances,  or  of  its  constitution,  whether  legislative,  executive,  mdicial  or  military,  (ex 
cept  *s  hereinafter  provided,)  was  and  is  hereby  declared  null  and  void:  Provided,  That 
tins  ordinance  shall  not  be  so  construed  as  to  affect  the  rights  of  individuals,  or  change  county 
boundaries,  or  county  seats,  or  to  make  invalid  the  acts  of  justices  of  the  peace,  or  other 
officers  in  their  authority  to  administer  oaths,  or  to  take  and  certify  the  acknowledgment  of 
deeds  of  conveyance  or  other  instruments  of  writing,  or  in  the  solemnization  of  marriages  : 
And  provided  ,  further,  That  no  debt  or  liability  of  the  State  of  Arkansas  incurred  by  the  action 
»f  said  convention,  or  of  the  legislature  or  any  department  of  the  government  under  the  au- 
thoritv  of  either,  shall  ever  be  recognized  as  obligatory. 

And  we   the  people  of  the  State  of  Arkansas,  in  order  to  establish  therein  a  State  govern 
ment    loyal  to  the  government  of  the  United  States,  to  secure  to  ourselves  and  our  posterity  • 
the  protection  and  blessings  of  the  federal  Constitution,  and  the  enjoyment  ot  all  the  rights 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  85 

of  liberty  and  the  free  pursuit  of  happiness,  do  agree  to  continue  ourselves  as  a  free  and  in 
dependent  State  by  the  name  and  style  of  "The  State  of  Arkansas,"  and  do  ordain  and  es 
tablish  the  following  constitution  for  the  government  thereof: 

ARTICLE  I. 

Boundaries  of  the  State. 

We  do  declare  and  establish,  ratify  and  confirm  the  following  as  the  permanent  bounda 
ries  of  the  State  of  Arkansas — that  is  to  say :  Beginning  in  the  middle  of  the  Mississippi 
river,  on- the  parallel  of  thirty-six  degrees  north  latitude  to  the  St.  Francis  river;  thence  up 
the  middle  of  the  main  channel  of  said  river,  to  the  parallel  of  thirty-six  degrees  thirty  min 
utes  north,  from  the  west  to  the  southwest  corner  of  the  State  of  Missouri  ;  and  from  thence 
to  be  bounded  on  the  west  to  the  north  bank  of  Red  river,  as  by  acts  of  Congress  of  the 
United  States,  and  the  treaties  heretofore  defining  the  western,  limits  of  the  Territory  of  Ar 
kansas  ;  and  to  be  bounded  on  the  south  side  of  Red  river  by  the  boundary  line  of  the  State 
of  Texas  to  the  northwest  corner  of  the  State  of  Louisiana ;  thence  east  with  the  Louisiana 
State  line  to  the  middle  of  the  main  channel  of  the  Mississippi  river;  thence  up  the  middle 
of  the  main  channel  of  said  river  to  the  thirty-sixth  degree  of  north  latitude,  the  point  of 
beginning — these  being  the  boundaries  of  the  State  of  Arkansas  as  defined  by  the  consti 
tution  thereof,  adopted  by  a  convention  of  the  representatives  of  the  people  of  said  State, 
on  the  30th  day  of  January,  anno  Domini  eighteen  hundred  and  thirty-six,  being  the  same 
boundaries  which  limited  the  area  of  the  Territory  of  Arkansas  as  it  existed  prior  to  that  time. 

ARTICLE  II. 

Declaration  of  rights. 

That  the  great  and  essential  principles  of  liberty  and  free  government  may  be  unalterably 
established,  we  declare : 

SECTION  1.  That  all  men,  when  they  form  a  social  compact,  are  equal,  and  have  certain 
inherent  and  indefeasible  rights,  among  which  are  those  of  enjoying  and  defending  life  and 
liberty  ;  of  acquiring,  possessing  and  protecting  property  and  ^reputation,  and  of  pursuing 
their  own  happiness. 

SEC.  2.  That  all  power  is  inherent  in  the  people,  and  all  free  governments  are  founded  on 
their  authority,  and  instituted  for  their  peace  and  happiness.  For  the  advancement  of  these 
ends,  they  have  at  all  times  an  unqualified  right  to  alter,  reform,  or  abolish  their  govern 
ment  in  such  manner  as  they  may  think  proper. 

SEC  3.  That  all  men  have  a  natural  and  indefeasible  right  to  worship  Almighty  God  ac 
cording  to  the  dictates  of  their  own  consciences,  and  no  man  can,  of  right,  b'e  compelled  to 
attend,  erect  or  support  any  place  of  worship,  or  to  maintain  any  ministry,  against  his  con 
sent;  that  no  human  authority  can,  in  any  case  whatever,  interfere  with  the  rights  of  con 
science,  and  that  no  preference  shall  ever  be  given  to  any  religious  establishment  or  mode  of 
worship. 

SEC.  4.  That  the  civil  rights,  privileges  or  capacities  of  any  citizen  shall  in  no  wise  be  di 
minished  or  enlarged  on  account  of  his  religion. 

SEC.  5.  That  all  elections  shall  be  free  and  equal. 

SEC.  6.  That  the  right  of  trial  by  jury  shall  remain  inviolate. 

SEC.  7.  That  printing  presses  shall  be  free  to  every  person,  and  no  law  shall  ever  be  made 
to  restrain  the  rights  thereof.  The  free  communication  of  thoughts  and  opinions  is  one  of 
the  invaluable  rights  of  man,  and  every  citizen  may  freely  speak,  write  and  print  on  any 
subject,  being  responsible  for  the  abuse  of  that  liberty. 

SEC.  8.  In  prosecutions  for  the  publication  of  papers  investigating  the  official  conduct  of 
officers  or  men  in  public  capacity,  or  where  the  matter  published  is  proper  for  public  inform 
ation,  the  truth  thereof  may  be  given  in  evidence,  and  in  all  indictments  for  libels  the  jury 
shall  have  the  right  to  determine  the  law  and  the  facts. 

SEC.  9.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers,  and  possessions, 
from  unreasonable  search  and  seizures  ;  and  that  general  warrants,  whereby  any  officer  may 
be  commanded  to  search  suspected  places  without  evidence  of  the  fact  committed,  or  to 
seize  any  person  or  persons  not  named,  whose  offences  are  not  particularly  described  and 
supported  by  evidence,  are  dangerous  to  liberty,  and  shall  not  be  granted. 

SEC.  10.  That  no  man  shall  be  taken  or  imprisoned,  or  disseized  of  his, freehold,  liberties 
or  privileges,  or  out-lawed  or  exiled,  or  in  any  manner  destroyed,  or  deprived  of  his  life,  lib 
erty  or  property,  but  by  the  judgment  of  his  peers  or  the  law  of  the  land. 

SEC.  11.  That  in  all  criminal  prosecutions,  the  accused  hath  a  right  to  be  heard  by  himself 
and  counsel ;  'to  demand  the  nature  and  cause  of  the  accusation  against  him,  and  to  have  a 
copy  thereof,  to  meet  the  witnesses  face  to  face;  to  have  compulsory  process  lor  obtaining 
witnesses  in  his  favor  ;  and  in  prosecutions  by  indictment  or  presentment,  a  speedy  public 
trial  by  an  impartial  jury  of  the  county  or  district  in  which  the  crime  may  have  been  com 
mitted  ;  and  shall  not  be  compelled  to  give  evidence  against  himself. 

SEC.  la.  That  no  person  shall  for  the  same  offence  be  twice  put  in  jeopardy  of  life  or  limb. 


8  6  RECONSTRUCTION. 

SEC.  13.  That  all  penalties  shall  be  reasonable,  and  proportioned  to  the  nature  of  the 
offence. 

SEC.  14.  That  no  man  shall  be  put  to  answer  any  criminal  charge,  but  by  presentment,  in 
dictment  or  impeachment,  except  as  hereinafter  provided. 

SEC.  15.  That  no  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate  under 
any  law  of  this  State. 

SEC.  16.  That  all  prisoners  shall  be  bailable  by  sufficient  securities,  unless  in  capital 
offences,  where  the  proof  is  evident  or  the  presumption  great.  And  the  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended,  unless  where  in  case  of  rebellion  or  invasion  the 
public  safety  may  require  it. 

SEC.  17.  That  excessive  bail  shall  in  no  case  be  required,  nor  excessive  fines  imposed. 

SEC.  18.  That  no  ex  post  facto  law,  or  law  impairing  the  obligations  of  contracts,  shall  ever 
be  made. 

SEC.  19.  That  perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  republic,  and 
shall  not  be  allowed ;  nor  shall  any  hereditary  emoluments,  privileges,  or  honors  ever  be 
granted  or  conferred  in  this  State. 

SEC.  20.  That  the  citizens  have  a  right  in  a  peaceable  manner  to  assemble  together  for  their 
common  good  to  instruct  their  representatives,  and  to  apply  to  those  invested  with  the  power 
of  the  government  for  redress  of  grievances  or  other  proper  purposes,  by  address  or  remon 
strance. 

SEC.  21.  That  the  free  white  men  of  this  State  shall  have  a  right  to  keep  and  to  bear  arms 
for  their  common  defence. 

SEC.  22.  That  no  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house  without  the 
consent  of  the  owner,  nor  in  time  of  war,  but  in  a  manner  prescribed  by  law. 

SEC.  23.  The  military  shall  be  kept  in  strict  subordination  to  the  civil  power. 

SEC.  24.  This  enumeration  of  rights  shall  not  be  construed  to  deny  or  disparage  others  re 
tained  by  the  people,  and  to  guard  against  any  encroachments  on  the  rights  herein  retained, 
or  any  transgression  of  any  of  the  higher  powers  herein  delegated,  we  declare  that  every 
thing  in  this  article  is  exce'pted  out  of  the  general  powers  of  the  government,  and  shall  forever 
remain  inviolate ;  and  that  all  laws  contrary  thereto,  or  to  the  other  provisions  herein  con- 
turned,  shall  be  void, 

ARTICLE  III. 
Of  departments. 

SECTION  1.  The  power  of  the  government  of  the  State  of  Arkansas  shall  be  divided  into 
three  distinct  departments,  each  of  them  to  be  confided  to  a  separate  body  of  magistiacy,  to 
wit:  Those  whjch  are  legislative  to  one,  those  which  are  executive  to  another,  and  those 
which  are  judicial  to  another. 

SEC.  2.  No  person  or  collection  of  persons,  being  of  one  of  those  departments,  shall  ex 
ercise  any  power  belonging  to  either  of  the  others,  except  in  the  instances  hereinafter  ex 
pressly  directed  or  permitted. 

ARTICLE  IV. 

Legislative  department. 

SECTION  1.  The  legislative  power  of  this  State  shall  be  invested  in  a  general  assembly, 
which  shall  consist  of  a  senate  and  house  of  representatives. 

Qualifications  of  electors. 

SEC.  2.  Every  free  white  male  citizen  of  the  United  States  who  shall  have  attained  the  age 
of  twenty-one  years,  and  who  shall  have  been  a  citizen  of  the  State  six  months  next  preced 
ing  the  election,  shall  be  deemed  a  qualified  elector,  and  be  entitled  to  vote  in  the  county  or 
district  where  he-actually  resides,  or  in  case  of  volunteer  soldiers  within  their  several  military 
departments  or  districts,  for  each  and  every  office  made  elective  under  the  State  or  under  the 
United  States :  Provided,  That  no  soldier,  seaman,  or  marine  in  the  regular  army  or  navy  of 
the  United  States  shall  be  entitled  to  vote  at  any  election  within  the  State  in  time  of  peace : 
And  prorided,  further,  That  any  one  entitled  to  vote  in  this  State  in  the  county  where  he  re 
sides  may  vote  for  the  adoption  or  rejection  of  this  constitution  in  any  county  in  this  State. 

Time  of  choosing  representatives. 

SEC.  3.  The  house  of  representatives  shall  consist  of  members  to  be  chosen  ever}'  second 
year  by  the  qualified  electors  of  the  several  counties. 

Qualifications  of  a  representative. 

SEC.  4.  No  person  shall  be  a  member  of  the  house  of  representatives  who  shall  not  have 
attained  the  age  of  twenty-five  years,  who  shall  not  be  a  free,  white  male  citizen  of  the 
I'nited  States,  who  shall  not  have  been  an  inhabitant  of  this  State  one  year,  and  who  shall 
not  at  the  time  of  his  election  have  an  actual  residence  in  the  county  he  may  be  chosen  to 
represent. 


ARKANSAS GEORGIA — MISSISSIPPI — ALABAMA.  87 

Qualifications  of  a  senator. 

SEC.  5.  The  senate  shall  consist  of  members  to  be  chosen  every  four  years  by  the  quali 
fied  electors  of  the  several  districts.  . 
SEC.  6.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age  of  twenty-five 

Crs,  who  shall  not  be  a  free,  white  male  citizen  of  the  United  States,  who  shall  not  have 
11  an  inhabitant  of  this  State  one  year,  and  who  shall  not  at  the  time  of  his  election  have 
an  actual  residence  in  the  district  he  may  be  chosen  to  represent. 

SEC.  7.  The  general  assembly  shall  meet  every  two  years,  on  the  first  Monday  in  Novem 
ber,  at  the  seat  of  government,  until  changed  by  law,  except  that  the  general  assembly  for 
the  year  1864  shall  meet  on  the  second  Monday  in  April  of  that  year. 

Mode  of  election  and  time  and  privileges  of  electors. 

SEC.  8.  All  general  elections  shall  be  viva  voce  until  otherwise  directed  by  law,  and  com 
mence  and  be  holden  every  two  years,  on  the  first  Monday  in  August,  until  altered  by  law, 
(except  that)  the  first  election  under  this  constitution  shall  be  held  on  the  second  Monday  in 
March,  1864,  and  the  electors  in  all  cases,  except  in  cases  of  treason,  felony,  and  breaeh  of 
the  peace,  shall  be  privileged  from  arrest  during-  their  attendance  on  elections  and  in  going  to 
and  returning  therefrom. 

Duty  of  governor. 

SEC.  9.  The  governor  shall  issue  writs  of  election  to  fill  such  vacancies  as  shall  occur  in 
either  house  of  the  general  assembly. 

SEC.  10.  No  judge  of  the  supreme,  circuit,  or  inferior  courts  of  law,  or  equity,  secretary 
of  state,  attorney  general  of  the  State,  district  attorneys,  State  auditor  or  treasurer,  register 
or  recorder,  clerk  of  any  court  of  record,  sheriff,  coroner,  or  member  of  Congress,  nor  any 
other  person  holding  any  lucrative  office  under  the  United  States  or  this  State,  (militia  offi 
cers,  justices  of  the  peace,  postmasters,  and  judges  of  the  county  courts  excepted,)  shall  be 
eligible  to  a  seat  in  either  house  of  the  general  assembly. 

SEC.  11.  No  person  who  now  is  or  shall  be  hereafter  a  collector  or  holder  of  public 
money,  nor  any  assistant  or  deputy  of  such  holder  or  collector  of  public  money,  shall  be 
eligible  to  a  seat  in  either  house  of  the  general  assembly,  nor  to  any  oflice  of  trust  or  profit, 
until  he  shall  have  accounted  for  and  paid  over  all  sums  for  which  he  may  have  been  liable. 

SEC.  12.  The  general  assembly  shall  exclude  from  every  office  of  trust  or  profit,  and  from 
the  right  of  suffrage  within  this  State,  all  persons  convicted  of  bribery,  or  perjury,  or  other 
infamous  crime. 

SEC.  13.  Every  person  who.  shall  have  been  convicted,  either  directly  or  indirectly,  of 
giving  or  offering  any  bribe  to  procure  his  election  or  appointment  shall  be  disqualified  from 
holding  any  office  of  trust  or  profit  under  this  State,  and  any  person  who  shall  give  or  offer 
any  bribe  to  procure  the  election  or  appointment  of  any  person  shall,  on  conviction  thereof, 
be  disqualified  from  being  an  elector  or  from  holding  office  of  trust  or  profit  under  this  State. 

SEC.  14.  No  senator  or  representative  shall,  during  the  term  for  which  he  shall  have  been 
elected,  be  appointed  to  any  civil  office  under  this  State  which  shall  have  been  created  or 
the  emoluments* of  which  shall  have  been  increased  during  his  continuance  in  office,  except 
to  such  office  as  shall  be  filled  by  the  election  of  the  people. 

SBC.  15.  Each  house  shall  appoint  its  own  officers  and  shall  judge  of  the  qualifications, 
returns,  and  elections  of  its  own  members.  Two-thirds  of  each  house  shall  constitute  a 
quorum  to  do  business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and  compel  the 
attendance  of  absent  members  in  such  manner  and  under  such  penalties  as  each  house  shall 
provide. 

SEC.  16.  Each  house  may  determine  the  rules  of  its  proceedings,  punish  its  own  members 
for  disorderly  behavior,  and,  with  the  concurrence  of  two-thirds  of  the  members  elected,  expel 
a  member ;  but  no  member  shall  be  expelled  a  second  time  for  the  same  offence.  They  shall 
each  from  time  to  time  publish  a  journal  of  their  proceedings,  except  such  parts  as  may 
require  secrecy ;  and  the  yeas  and  nays  upon  any  question  shall  be  entered  on  the  journal  at 
the  desire  of  any  five  members. 

SEC.  17.  The  door  of  each  house,  when  in  session  or  in  committee  of  the  whole,  shall  be 
kept  open,  except  in  cases  which  may  require  secrecy  ;  and  each  house  may  punish  by  fine 
and  imprisonment  any  person,  not  a  member,  who  shall  be  guilty  of  disrespect  to  the  house 
by  any  disorderly  or  contemptuous  behavior  in  their  presence  during  their  session,  but  such 
imprisonment  shall  not  extend  beyond  the  final  adjournment  of  that  session. 

SEC.  18.  Bills  may  originate  in  either  house,  and  be  amended  or  rejected  in  the  other,  and 
every  b\ll  for  an  act  shall  be  read  three  times  before  each  house,  twice  at  length,  and  in  no 
case  shall  a  bill  be  read  more  than  twice  on  one  day  ;  and  the  vote  upon  the  passage  of  any 
k\\  shall  in  all  cases  be  taken  by  yeas  and  nays,  and  by  recording  the  same ;  and  every  bill 
having  passed  both  houses,  shall  be  signed  by  the  president  of  the  senate  and  the  speaker 
of  the  house  of  representatives. 

SEC.  19.  Whenever  an  officer,  civil  or  military,  shall  be  appointed  by  the  joint  or  concur- 


88  RECONSTRUCTION. 

rent  vote  of  both  houses  or  by  the  separate  vote  of  either  house  of  the  general  assembly,  the 
vote  shall  be  taken  viva  voce,  and  entered  on  the  journal. 

SEC.  20.  The  senators  and  representatives  shall  in  all  cases,  except  treason,  felony,  or 
breach  of  the  peace,  be  privileged  from  arrest  during  the  session  of  the  general  assembly  and 
for  fifteen  days  before  the  commencement  and  after  the  termination  of  each  session  ;  and  for 
any  speech  or  debate  in  either  house,  they  shall  not  be  questioned  in  any  other  place. 

SEC.  21.  The  members  of  the  general  assembly  shall  severally  receive  from  the  public 
treasury  compensation  for  their  services,  which  umy  be  increased  or  diminished :  but  no 
alteration  of  such  compensation  of  members  shall  take  effect  during  the  session  at  which  it 
is  made. 

Manner  of  bringing  suits  against  the  State. 

SEC.  22.  The  general  assembly  shall  direct,  by  law,  in  what  courts  and  in  what  manner 
suits  may  be  commenced  against  the  State. 

SEC.  23.  The  general  assembly  shall  not  have  power  to  pass  any  bill  of  divorce,  but  may 
prescribe  by  law  the  manner  in  which  such  cases  may  be  investigated  in  the  courts  of  jus 
tice,  and  divorces  granted. 

Sflc.  24.  The  governor,  lieutenant  governor,  secretary  of  state,  auditor,  treasurer,  and  all 
judges  of  the  supreme,  circuit,  and  inferior  courts  of  law  and  equity,  and  the  prosecuting 
attorneys  for  the  State,  shall  be  liable  to  impeachment  for  any  malpractice  or  misdemeanor 
in  office  ;  but  judgment  in  such  cases  shall  not  extend  further  than  removal  from  office,  and 
disqualification  to  hold  any  office  of  trust  or  profit  under  this  State.  The  party  impeached, 
whether  convicted  or  acquitted,  shall  nevertheless  be  liable  to  .be  indicted,  tried,  and  punished 
according  to  law. 

SEC.  25.  The  house  of  representatives  shall  have  the  sole  power  of  impeachment,  and  all 
impeachments  shall  be  tried  by  the  senate ;  and  when  sitting  for  that  purpose  the  senators 
shall  be  on  oath  or  affirmation  to  do  justice  according  to  law  and  evidence.  When  the 
governor  shall  be  tried,  the  chief  justice  of  the  supreme  court  shall  preside,  and  no  person 
shall  be  convicted  without  the  concurrence  of  two-thirds  of  all  the  senators  elected :  and  for 
reasonable  cause  which  shall  not  be  sufficient  ground  of  impeachment,  the  governor  shall, 
on  the  joint  address  of  two-thirds  of  each  branch  of  the  legislature,  remove  from  office  the 
judges  of  the  supreme  and  inferior  courts:  Provided,  The  cause  or  causes  of  removal  be 
spread  on  the  journals,  and  the  party  charged  be  notified  of  the  same,  and  heard  by  himself 
and  counsel  before  the  vote  is  finally  taken  and  decided. 

SEC.  26.  The  appointment  of  all  officers,  not  otherwise  directed  by  this  constitution, 
shall  be  made  in  such  manner  as  may  be  prescribed  by  law ;  and  all  officers,  both  civil  and 
military,  acting  under  the  authority  of  this  State,  shall,  before  entering  on  the  duties  of  their 
respective  offices,  take  an  oath  or  affirmation  to  support  the  Constitution  of  the  United  States 
and  of  this  State,  and  to  demean  themselves  faithfully  in  office. 

SEC.  27.  No  county  now  established  by  law  shall  ever  be  reduced  by  the  establishment  of 
any  new  county  or  counties  to  less  than  six  hundred  square  miles,  nor  to  a  less  population 
than  its  ratio  of  representation  in  the  house  of  representatives,  nor  shall  any  county  be 
hereafter  established  which  shall  contain  less  than  six  hundred  square  miles,  or  a  less  popu 
lation  than  would  entitle  each  county  to  a  member  in  the  house  of  representatives. 

SEC.  28.  The  style  of  the  laws  of  this  State  shall  be,  "Beit  enacted  by  the  general  assem 
bly  of  the  State  of  Arkansas." 

SEC.  29.  The  State  shall  from  time  to  time  be  divided  into  convenient  districts,  in  such 
manner  that  the  senate  shall  be  based  upon  the  free  white  male  inhabitants  of  the  State,  each 
senator  representing  an  equal  number,  as  nearly  as  practicable,  and  the  senate  shall  never 
consist  of  less  than  seventeen  nor  more  than  thirty-three  members ;  and  as  soon  as  the  senate 
shall  meet  after  the  first  election  to  be  held  under  this  constitution  they  shall  cause  the 
senators  to  be  divided  by  lot  into  two  classes,  nine  of  the  first  class  and  eight  of  the  second, 
and  the  seats  of  the  first  class  shall  be  vacated  at  the  end  of  two  years  from  the  time  of 
their  election,  and  the  seats  of  the  second  class  at  the  end  of  four  years  from  the  time  of  their 
election,  in  order  that  one  class  of  the  senators  may  be  elected  every  two  years. 

SEC.  30.  An  enumeration  of  the  inhabitants  of  the  State  shall  be  taken,  under  the  direc 
tion  of  the  general  assembly,  on  the  first  day  of  January,  one  thousand  eight  hundred  and 
sixty-five,  and  at  the  end  of  every  ten  years  thereafter,  and  the  general  assembly  shall,  at 
the  first  session  after  the  return  of  every  enumeration,  so  alter  and  arrange  the  senatorial 
districts  that  each  district  shall  contain  as  nearly  as  practicable  an  equal  number  of  free 
white  male  inhabitants. 

SEC.  31.  The  ratio  of  representation  in  the  senate  shall  be  fifteen  hundred  free  white 
male  inhabitants  to  each  senator,  until  the  senators  amount  to  twenty-five  in  number,  and 
then  they  shall  be  equally  apportioned  upon  the  same  basis  throughout  the  State,  in  such 
ratio  as  the  increased  number  of  free  white  male  inhabitants  may  require  without  increasing 
the  senators  to  a  greater  number  than  twenty-five,  until  the  population  of  the  State  amounts 
to  five  hundred  thousand  souls,  and  when  an  increase  of  senators  takes  place  they  shall  from 
time  to  time  be  divided  by  lot  and  be  classed  as  prescribed  above. 

SEC.  32.  The -house  of  representatives  shall  consist  of  not  less  than  fifty-four  nor  more  than 
one  hundred  representatives,  to  be  apportioned  among  the  several  counties  in  this  State, 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  8  9 

according  to  the  number  of  free  white  male  inhabitants  therein,  taking  five  hundred  as  the 
ratio,  until  the  number  of  representatives  amounts  to  seventy-five,  and  when  they  amount 
to  seventy-five  they  shall  not  be  further  increased  until  the  population  of  the  State  amounts  to 
five  hundred  thousand  souls :  Provided,  That  each  county  now  organized  shall,  although  its 
population  may  not  give  the  existing  ratio,  always  be  entitled  to  one  .representative.  And 
the  first  session  of  the  general  assembly,  after  the  return  of  every  enumeration,  the  repre 
sentation  shall  be  equally  divided  and  reapportioned  among  the  several  counties,  according 
to  the  number  of  free  white  males  in  each  county,  as  above  described. 

Mode  of  amending  the  constitution. 

The  general  assembly  may  at  any  time  propose  such  amendments  to  this  constitution  as 
two-thirds  of  each  house  shall  deem  expedient,  which  shall  be  published  in  all  the  newspapers 
published  in  this  State  three  several  times,  at  least  twelve  months  before  the  next  general 
election  ;  and  if  at  the  first  session  of  the  general  assembly  after  such  general  election  two- 
thirds  of  each  house  shall  by  yeas  and  nays  ratify  such  proposed  amendments,  they  shall 
be  valid  to  all  intents  and  purposes  as  paiis  of  this  constitution:  Provided,  That  such  pro 
posed  amendments  shall  be  read  on  three  several  days  in  each  house,  well  as  when  the 
same  are  proposed  as  when  they  are  finally  ratified. 

ARTICLE  Y. 

Abolishment  of  slavery. 

SECTION  1.  Neither  slavery  nor  involuntary  servitude  shall  hereafter  exist  in  this  State 
otherwise  than  for  the  punishment  of  crime,  whereof  the  party  shall  have  been  convictad  by 
due  process  of  law  ;  nor  shall  any  male  person  arrived  at  the  age  of  twenty-one  years,  nor 
female  arrived  at  the  age  of  eighteen  years,  be  held  to  serve  any  person  as  a  servant,  under 
any  indenture  or  contract  hereafter  made,  unless  such  person  shall  enter  into  such  indenture 
or  contract  while  in  a  state  of  perfect  freedom,  and  on  condition  of  a  bona  fide  consideration 
received  or  to  be  received  for  their  services.  Nor  shall  any  indenture  of  any  negro  or  mulatto 
hereafter  made  and  executed  out  of  this  State,  or  if  made  in  this  State,  where  the  term  of 
service  exceeds  one  year,  be  of  the  least  validity,  except  those  given  in  case  of  apprentice 
ship,  which  shall  not  be  for  a  longer  term  than  until  the  apprentice  shall  arrive  at  the  age  of 
twenty-one  years  if  a  male,  or  the  age  of  eighteen  years  if  a  female. 

ARTICLE  VI. 
Executive  department. 

SECTION  1.  The  supreme  executive  power  of  this  State  shall  be  vested  in  a  chief  magis 
trate,  who  shall  be  styled  "the  governor  of  the  State  of  Arkansas." 

SEC.  ~l.  The  governor  shall  be  elected  by  the  qualified  electors  at  the  time,  and  where  they 
shall  respectively  vote  for  representatives. 

SEC.  3.  The  returns  of  every  election  for  governor,  except  those  of  the  election  of  eighteen 
hundred  and  sixty-four,  which  shall  be  sealed  and  directed  as  ordered  in  the  schedule  ap 
pended  to  this  constitution,  shall  be  sealed  up  and  transmitted  to  the  speaker  of  the  house  of 
representatives,  who  shall,  during  the  first  week  of  the  session,  open  and  publish  them  in 
the  presence  of  both  houses  of  the  general  assembly.  The  person  having  the  highest  number 
of  votes  shall  be  governor ;  but  if  two  or  more  shall  be  equal  and  highest  in  votes,  cue  of 
them  shall  be  chosen  governor  by  the  joint  vote  of  both  houses  of  the  general  assembly,  in 
such  manner  as  shall  be  prescribed  by  law. 

SEC.  4.  The  governor  shall  hold  his  office  for  the  term  of  four  years  from  the  time  of  his 
installation,  and  until  his  successor  shall  be  duly  qualified,  but  he  shall  not  be  eligible  for 
more  than  eight  years  in  any  term  of  twelve  years ;  he  shall  be  at  least  thirty  years  of  age, 
a  rtative-born  citizen  of  Arkansas,  or  a  native  born  citizen  of  the  United  States,  or  a  resident 
of  Arkansas  ten  years  previous  to  the  adoption  of  this  constitution,  if  not  a  native  of  the 
United  States,  and  shall  have  been  a  resident  of  the  same  at  least  four  years  next  before  his 
election. 

SEC.  5.  He  shall,  at  stated  times,  receive  a  compensation  for  his  services,  which  shall  not 
be  increased  or  dinmyshed  during  the  term  for  which  he  shall  have  been  elected  ;  nor  shall 
he  receive  within  that  period  any  other  emolument  from  the  United  States,  or  any  one  of 
them,  or  from  any  foreign  power. 

SEC.  (>.  He  shall  be  commander-in-chief  of  the  army  of  this  State,  and  of  the  militia  thereof, 
except  when  they  shall  be  called  into  the  service  o/«the  United  States. 

SEC.  7.  He  may  require  any  information,  in  writing,  from  the  officers  of  the  executive 
department  on  any  subject  relating  to  the  duties  of  their  respective  ofiices.  0 

SKC.  8.  He  may,  by  proclamation,  on  extraordinary  occasions  convene  the  general  as 
sembly  at  the  seat  of  government,  or  at  a  different  place  if  that  shall  have  become,  since  their 
last  adjournment,  dangerous  from  an  enemy  or  from  contagious  diseases.  In  case  of  disa- 
,  greemeut  between  the  two  houses  with  respect  to  the  time  of  adjournment,  he  may  adjourn 


90  RECONSTRUCTION. 

thorn  to  such  time  as  he  shall  think  proper,  not  beyond  the  day  of  the  next  meeting  of  the 
general  assembly. 

SEC.  9.  He  shall,  from  time  to  time,  give  to  the  general  assembly  information  of  the  state 
of  the  government,  and  recommend  to  their  consideration  such  measures  as  he  may  de<-m 
expedient. 

SEC.  10.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

SEC.  11.  In  all  criminal  and  penal  cases,  except  in  those  of  treason  and  impeachment,  he 
shall  have  power  to  grant  pardons  after  conviction,  and  remit  fines  and  forfeitures,  under 
such  rules  and  regulations  as  shall  be  prescribed  by  law.  In  cases  of  treason  he  shall  have 
power,  by  and  with  the  advice  and  consent  of  the  senate,  to  grant  reprieves  and  pardons, 
and  he  may,  in  the  recess  of  the  senate,  respite  the  sentence  until  the  end  of  the  next  session 
of  the  general  assembly. 

SEC.  12.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept  by  the  governor,  and  used 
by  him  officially. 

SEC.  13.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the  State  of  Arkan 
sas,  be  sealed  with  the  seal  of  this  State,  signed  by  the  governor,  and  attested  by  the  secre 
tary  of  state. 

SEC.  14.  There  shall  be  elected  a  secretary  of  state  by  the  qualified  voters  of  the  State, 
who  shall  continue  in  office  during  the  term  of  four  years,  and  until  his  successor  in  office  be 
duly  qualified  ;  he  shall  keep  a  fair  register  of  all  official  acts  and  proceedings  of  the  governor, 
and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes,  and  vouchers  relative  thereto, 
before  the  general  assembly,  and  shall  perform  such  other  duties  as  may  be  required  by  law. 

SEC.  15.  Vacancies  that  may  happen  in  offices,  the  election  of  which  is  vested  in  the 
general  assembly,  shall  be  filled  by  the  governor,  during  the  recess  of  the  general  assembly, 
by  granting  commissions,  which  shall  expire  at  the  end  of  the  next  session. 

SEC.  16.  Vacancies  that  may  occur  in  offices,  the  election  to  which  is  vested  in  the  people, 
within  less  than  one  year  before  the  expiration  of  their  term,  shall  be  filled  by  the  governor 
granting  commissions,  which  shall  expire  at  the  end  of  the  next  term ;  but  if  one  year  or  a 
longer  period  remains  unexpired  at  the  time  of  the  vacancy,  then,  and  in  that  case,  the 
governor  shall  order  an  election  to  be  held  to  fill  the  vacancy. 

SEC.  17.  Every  bill  which  shall  have  passed  both  houses  shall  be  presented  to  the  governor ; 
if  he  approve  it,  he  shall  sign  it ;  but  if  he  shall  not  approve  it,  he  shall  return  it,  with  his 
objections,  to  the  house  in  which  it  shall  have  originated,  who  shall  enter  his  objections  at 
large  upon  their  journals  and  proceed  to  reconsider  it;  if,  after  such  reconsideration,  a 
majority  of  the  whole  number  elected  to  that  house  shall  agree  to  pass  the  bill,  it  shall  be 
sent,  with  the  objections,  to  the  other  house,  by  which  likewise  it  shall  be  reconsidered;  and 
if  approved  by  a  majority  of  the  whole  number  elected  to  that  house  it  shall  be  a  law  ;  but  in 
such  cases  the  votes  of  both  houses  shall  be  determined  by  yeas  and  nays,  and  the  names  of 
the  persons  voting  for  or  against  the  bill  shall  be  entered  on  the  journals  of  each  house  re 
spectively.  If  any  bill  shall  not  be  returned  by  the  governor  within  three  days,  Sundays 
excepted,  after  it  shall  have  been  presented  to  him,  the  same  shall  be  a  law  in  like  manner 
as  if  he  had  signed  it,  unless  the  general  assembly,  by  their  adjournment,  prevent  its  return, 
in  such  case  it  shall  not  be  law. 

SEC.  18.  Every  order  or  resolution  to  which  the  concurrence  of  both  houses  may  be  neces 
sary,  except  on  questions  of  adjournment,  shall  be  presented  to  the  governor  before  it  shall 
take  effect,  be  approved  by  him,  or  being  disapproved,  shall  be  repassed  by  both  houses 
according  to  the  rules  and  limitations  prescribed  in  the  case  of  a  bill. 

SEC.  19.  A  lieutenant  governor  shall  be  chosen  at  eveiy  election  for  governor,  in  the  same 
manner,  continue  in  office  for  the  same  time,  and  possess  the  same  qualifications.  In  voting 
for  governor  and  lieutenant  governor,  the  electors  shall  distinguish  for  whom  they  vote  as 
governor,  and  for  whom  as  lieutenant  governor. 

SEC.  20.  He. shall,  by  virtue  of  his  office,  be  president  of  the  senate,  have  a  right  when  in 
committee  of  the  whole  to  debate,  and  whenever  the  senate  are  equally  divided,  shall  give  the 
casting  vote.  • 

SEC.  21.  Whenever  the  government  shall  be  administered  by  the  lieutenant  governor,  or 
he  shall  be  unable  to  attend  as  president  of  the  senate,  the  senate  shall  elect  one  of  their  own 
members  as  president  for  that  occasion ;  and  if  during  the  vacancy  of  the  office  of  the  gov 
ernor  the  lieutenant  governor  shall  be  impeached,  removed  from  office,  refuse  to  quality,  or 
resign,  or  die,  or  be  absent  from  the  State,  the  president  of  the  senate  shall  in  like  manner 
administer  the  government. 

SEC.  22.  The  lieutenant  governor,  while  he  acts  as  president  of  the  senate,  shall  receive 
for  his  services  the  same  compensation  which  shall  for  the  same  period  be  allowed  to  tin1 
speaker  of  the  house  of  representatives,  -and  no  more ;  and  during  the  time  he  administers 
the  government  as  governor  he  shall  receive  the  same  compensation  which  the  governor 
woultHiave  received  had  he  been  employed  in  the  duties  of  his  office. 

SEC.  23.  In  case  of  an  impeachment  of  the  governor,  his  removal  from  office,  death,  re 
fusal  to  qualify,  resignation,  or  absence  from  the  State,  the  lieutenant  governor  shall  exercise 
all  the  power  and  authority  appertaining  to  the  office  of  governor  until  the  time  pointed  out 
by  the  constitution  for  the  election  of  a  governor  shall  arrive,  unless  the  general  assembly 
shall  provide  by  law  for  the  election  of  governor  to  fill  such  vacancy. 


ARKANSAS  —  GEORGIA  —  MISSISSIPPI  —  ALABAMA.  91 

Srr.  24.  The  governor  shall  always  reside  at  the  seat  of  government. 

SEC.  "25.  No  person  shall  hold  the  office  of  governor  or  lieutenant  governor,  and  any  other 
office  or  commission,  civil  or  military,  either  in  this  State  or  under  any  State,  or  the  United 
States,  or  any  other  power,  at  one  and  the  same  time. 

SEC.  26.  Then  shall  be  elected  by  the  qualified  voters  of  this  State  an  auditor  and  treas 
urer  for  this  State,  who  shall  hold  their  offices  for  the  term  of  two  years,  and  until  their  re 
spective  successors  are  elected  and  qualified,  unless  sooner  removed  ;  and  shall  keep  their 
respective  offices  at  the  seat  of  government,  and  perform  such  duties  as  shall  be  prescribed 
by  law  ;  and  in  case  of  vacancy  by  death,  resignation,  or  otherwise,  such  vacancy  shall  be 
filled  by  the  governor  as  in  other  cases. 

Militia. 

SEC.  1.  The  militia  of  this  State  shall  be  divided  into  convenient  divisions,  brigades,  regi 
ments,  and  companies,  and  officers  of  corresponding  titles  and  rank  elected  to  command 
them,  conforming  as  nearly  as  practicable  to  the  general  regulations  of  the  army  of  the 
United  States,  and  all  officers  shall  be  elected  by  those  subject  to  military  duty  in  their  seve 
ral  districts,  except  as  hereinafter  provided. 

SEC.  2.  The  governor  shall  appoint  the  adjutant  general  and  other  members  of  his  staff, 
and  major  generals,  brigadier  generals,  and  commanders  of  regiments  shall  respectively  ap 
point  their  own  staff,  and  all  commissioned  officers  may  continue  in  office  during  good  beha 
vior  ;  and  staff  officers  during  the  same  time,  subject  to  be  removed  by  the  superior  officer 
from  whom  they  respectively  derive  their  commissions. 

ARTICLE  VII. 
Judicial  department. 

SEC.  1.  The  judicial  power  of  this  State  shall  be  vested  in  one  supreme  court,  in  circuit 
courts,  in  county  courts,  and  in  justices  of  the  peace.  The  general  assembly  may  also  vest 
such  jurisdiction  as  may  be  deemed  necessary  in  corporation  courts,  and,  when  they  deem  it 
expedient,  may  establish  courts  of  chancery. 

SEC.  2.  The  supreme  court  shall  be  composed  of  three  judges,  one  of  whom  shall  be  styled 
chief  justice,  any  two  of  whom  shall  constitute  a  quorum,  and  the  concurrence  of  any  two 
of  said  judges  shall  in  every  case  be  necessary  to  a  decision. 

The  supreme  court,  except  in  cases  otherwise  directed  by  this  constitution,  shall  have  ap 
pellate  jurisdiction  only,  which  shall  be  co-extensive  with  the  State,  under  such  restrictions 
and  regulations  as  may  from  time  to  time  be  prescribed  by  law. 

It  shall  have  a  general  superintending  control  over  all  inferior  and  other  courts  of  law  and 
equity.  It  shall  have  power  to  issue  writs  of  error,  supersedeas,  certiorari  and  habeas  cor 
pus,  mandamus  and  quo  warranto,  and  other  remedial  writs,  and  to  hear  and  determine  the 
same.  Said  judges  shall  be  conservators  of  the  peace  throughout  the  State,  and  shall  have 
power  to  issue  any  of  the  aforesaid  writs. 

SEC.  3.  The  circuit  court  shall  have  original  jurisdiction  over  all  criminal  cases  which 
shall  not  be  otherwise  provided  for  by  law  ;  and  exclusive  original  jurisdiction  of  all  crimes 
amounting  to  felony  at  the  common  law,  and  original  jurisdiction  of  all  civil  cases  which 
shall  not  be  cognizable  before  justices  of  the  peace,  until  otherwise  directed  by  the  general* 
assembly;  and  original  jurisdiction  in  all  matters  of  contract,  where  the  sum  in  controversy 
is  over  two  hundred  dollars.  It  shall  hold  its  terms  at  such  place  in  each  county  as  may  be 
by  law  directed. 

SEC.  4.  The  State  shall  be  divided  into  convenient  circuits,  each  to  consist  of  not  less  than 
five  nor  more  than  seven  counties  contiguous  to  each  other,«for  each  of  which  a  judge  shall 
be  elected,  who,  during  his  continuance  in  office,  shall  reside  and  be  a  conservator  of  the 
peace  within  the  circuit  for  which  he  shall  have  been  elected. 

SEC.  5.  The  circuit  courts  shall  exercise  a  superintending  control  over  the  county  courts, 
and  over  justices  of  the  peace  in  each  county,  in  their  respective  circuits,  and  shall  have 
power  to  issue  all-  the  necessary  writs  to  carry  into  effect  their  general  and  specific  powers. 

SEC.  6;  Until  the  general  assembly  shall  deem  it  expedient  to  establish  courts  of  chancery, 
the  circuit  courts  shall  have  jurisdiction  in  matters  of  equity,  subject  to  appeal  to  the  supreme 
court,  in  such  manner  as  may  be  prescribed  by  law. 

SEC.  7.  The  qualified  voters  of  this  State  snail  elect  the  judges  of  the  supreme  court;  the 
judges  of  the  supreme  court  shall  be  at  least  thirty  years  of  age  ;  they  shall  hold  their  offices 
during  the  term  of  eight  years  from  the  date  of  their  commissions,  and  until  their  successors 
arc  elected  and  qualified. 


Immediately  after  such  election  by  the  people,  the  lieutenant  governor  and  speaker  of  the 
-use  of  representatives  shall  proceed  by  lot  to  divide  the  judges  into  three  classes  :  The 
mmission  of  the  first  class  shall  expire  at  the  end  of  four  years  ;  of  the  second  class,  at  the 

end  of  six  years  ;  and  of  the  third  class  at  the  end  of  eight  years  ;  so  that  one-third  of  the 

whole  number  shall  be  chosen  every  four,  six  and  eight  years." 


92  RECONSTRUCTION. 

SEC.  8.  The  qualified  voters  of  each  judicial  district  shall  elect  a  circuit  judge.  The 
judges  of  the  circuit  court  shall  be  at  least  twenty-five  years  of  age ;  and  shall  be  elected  for 
the  term  of  four  years  from  the  date  of  their  commissions,  and  shall  serve  until  their  success 
ors  are  elected  and  qualified. 

SEC.  9.  The  supreme  court  shall  appoint  its  own  clerk  or  clerks,  for  the  term  of  four  years. 
The  qualified  voters  of  each  county  shall  elect  a  clerk  of  the  circuit  court  for  the  respective 
counties,  who  shall  hold  his  office  for  the  term  of  two  years,  and  until  his  successor  is  elected 
and  qualified  ;  and  courts  of  chancery,  if  any  be  established,  shall  appoint  their  own  clerks. 

SEC.  10.  The  judges  of  the  supreme  courts  and  circuit  courts  shall,  at  stated  times,  re 
ceive  a  compensation  for  their  services,  to  be  ascertained  by  law,  which  shall  not  be  dimin 
ished  during  the  time  for  which  they  are  elected  They  shall  not  be  allowed  any  fees  or 
perquisites  of  office,  nor  hold  any  other  office  of  trust  or  profit  under  this  State  or  the  United 
States.  The  attorney  general,  the  State's  attorneys,  and  clerks  of  the  supreme  and  circuit 
courts,  and  courts  of  chancery — if  any  such  be  established — shall  receive  for  their  services 
such  salaries,  fees,  and  perquisites  of  office,  as  shall  from  time  to  time  be  fixed  by  law. 

SEC.  II.  There  shall  be  established  in  each  county  in  the  State  a  court  to  be  holden  by 
the  justices  of  the  peace,  a  court  called  the  county  court,  which  shall  have  jurisdiction  in  till 
matters  relating  to  taxes,  disbursements  of  money  for  county  purposes,  and  in  every  other 
case  that  may  be  necessary  to  the  internal  improvement  and  local  concerns  of  the  respective 
counties. 

SEC.  12.  The  qualified  voters  of  each  county  shall  elect  a  county  and  probate  judge,  who 
shall  hold  his  office  for  two  years,  and  until  his  successor  is  elected  and  qualified.  He  shall, 
in  addition  to  the  duties  that  may  be  required  of  him  by  law,  as  a  presiding  judge  of  the 
county  court,  be  a  judge  of  the  court  of  probate,  and  have  such  jurisdiction  in  matters  relat 
ing  to  the  estates  of  deceased  persons,  executors,  administrators  and  guardians,  as  may  be 
prescribed  by  law,  until  otherwise  directed  by  the  general  assembly. 

SEC.  13.  The  presiding  judge  of  the  probate  and  county  court,  and  justices  of  the  peace, 
shall  receive  for  their  services  such  compensation  and  fees  as  the  general  assembly  may 
from  time  to  time  by  law  direct. 

SEC.  14.  No  judge  shall  preside  on  the  trial  of  any  cause  in  the  event  of  which  he  maybe 
interested,  or  where  either  of  the  parties  shall  be  connected  with  him  by  affinity  or  consan 
guinity,  within  such  degrees  as  may  be  prescribed  by  law,  or  in  which  he  may  have  been 
counsel,  or  have  presided  in  any  inferior  court,  except  by  consent  of  all  the  parties.  In  case 
all  or  any  of  the  judges  of  the  supreme  court  shall  be  thus  disqualified  from  presiding  on  any 
cause  or  causes,  the  court  or  judges  thereof  shall  certify  the  same  to  the  governor  of  the 
State,  and  he  shall  immediately  commission  specially  the  requisite  number  of  men  of  law 
knowledge,  for  the  trial  and  determination  thereof.  The  same  eourse  shall  be  pursued  in  tl»e 
circuit  and  inferior  courts  as  prescribed  in  this  section  for  cases  of  the  supreme  court.  Judgi^s 
of  the  circuit  courts  may  temporarily  exchange  circuits,  or  hold  courts  for  each  other,  under 
such  regulations  as  may  be  pointed  out  by  law.  Judges  shall  not  charge  juries  with  regaul 
to  matter  of  fact,  but  may  state  the  testimony  and  declare  the  law. 

SEC.  15.  The  qualified  voters  thereof  shall  elect  an  attorney  for  the  State,  for  each  judicial 
circuit  established  by  law,  who  shall  continue  in  office  two  years,  and  until  his  successor  is 
elected  and  qualified,  and  reside  within  the  circuit  for  which  he  was  elected  at  the  time  of  and 
during  his  continuance  in  office.  In  all  cases  where  an  attorney  for  the  State,  of  any  circuit, 
fails  to  attend  and  prosecute  according  to  law,  the  court  shall  have  power  to  appoint  an  at 
torney  pro  temporc. 

SEC.  16.  The  qualified  voters  of  this  State  shall  elect  an  attorney  general,  whose  salary 
shall  be  the  same  as  that  of  circuit  judge,  who  shall  be  learned  in  the  law  ;  who  shall  be  at 
least  thirty  years  of  age,  and  shall  hold  his  office  for  the  term  of  four  years  from  the  date  of 
his  commission,  and  until  his  successor  is  elected  and  qualified;  and  whose  duty  it  shall  be 
to  prosecute  the  State's  pleas  before  the  supreme  court,  and  give  his  opinion  in  writing  cm 
all  questions  of  law  or  equity,  wfien  required  by  the  governor  or  other  officer  of  State,  and 
perform  such  other  duties  as  may  be  prescribed  by  law. 

SEC.  17.  All  writs  and  other  process  shall  run  in  the  name  of  the  "State  of  Arkansas," 
and  bear  teste  and  be  signed  by  the  clerks  of  the  respective  courts  from  which  they  issue. 
Indictments  shall  conclude  "  against  the  peace  and  dignity  of  the  State  of  Arkansas." 

SEC.  18.  The  qualified  voters  residing  in  each  township  shall  elect  the  justices  of  the 
peace  for  each  township.  For  every  one  hundred  voters  there  may  be  elected  one  justice  of 
the  peace ;  provided,  that  each  township,  however  small,  shall  have  two  justices  of  the  peace. 
Justices  of  the  peace  shall  be  elected  for  the  term  of  two  years,  and  shall  hold  their  offices 
until  their  successors  are  elected  and  qualified ;  shall  be  commissioned  by  the  governor,  aud 
shall  reside  in  the  township  for  which  they  are  elected,  during  their  continuance  in  office ; 
the  first  election  for  justices  of  the  peace  shall  take  place  on  the  second  Monday  in  March, 
1804,  and  the  second  election  on.  the  first  Monday  in  August,  1866,  and  at  the  regular  elections 
thereafter.  Justices  of  the  peace,  individually,  or  two  or  more  of  them  jointly,  shall  have 
original  jurisdiction  in  cases  of  bastardy,  and  irtall  matters  of  contract,  and  actions  for  the 
recovery  of  lines  and  forfeiture  where  .the  amount  claimed  does  not  exceed  two  hundred  dol 
lars,  and  concurrent  jurisdiction  with  circuit  courts  where  the  amount  claimed  exceeds  one 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  93 

hundred  dollars,  and  does  not  exceed  two  hundred  dollars,  and  such  jurisdiction  as  may  be 
provided  by  law  in  actions  ex  delicto,  where  the  damages  claimed  do  not  exceed  one  hundred 
dollars  ;  and  prosecutions  for  assault  and  battery,  and  other  penal  offences  less  than  felony, 
punishable  by  fine  only.  Every  action  cognizable  before  a  justice  of  the  peace  instituted  by 
summons  or  warrant  shall  be  brought  before  some  justice  of  the  peace  of  the  township 
where  the  defendant  resides.  They  may  also  sit  as  examining  courts,  and  commit,  discharge, 
or  recognize  any  person  charged  with  any  crime  of  any  grade.  For  the  foregoing  purposes 
they  shall  have  power  to  issue  all  necessfary  process.  They  shall  also  have  power  to  bind, 
to  keep  the  peace  or  for  good  behavior. 

SEC.  19.  The  qualified  voters  of  each  township  shall  elect  one  constable  for  the  term  of 
two  years,  who  shall  hold  his  office  till  his  successor  is  elected  and  qualified,  who  shall,  dur 
ing  his  continuance  in  office,  reside  in  the  township  for  which  he  was  elected.  Incorporated 
towns  may  have  a  separate  constable  and  a  separate  magistracy. 

SEC.  20.  The  qualified  voters  of  each  county  shall  elect  one  sheriff,  one  coroner,  and  one 
county  surveyor,  for  the  term  of  two  years,  and  until  their  successors  are  elected.  They 
shall  be  commissioned  by  the  governor,  reside  in  their  respective  counties  during  their  con 
tinuance  in  office,  and  be  disqualified  for  the  office  a  second  term  if  it  should  appear  that 
they  or  either  of  them  are  in  default  for  moneys  collected  by  virtue  of  their  respective  offices. 

ARTICLE  VIII. 
General  provisions — education. 

SEC.  1.  Knowledge  and  learning  generally  diffused  throughout  a  community  being  essen 
tial  to  the  preservation  of  a  free  government,  and  diffusing  the  opportunities  and  advantages 
of  education  through  the  various  parts  of  the  State  being  highly  conducive  to  this  end,  it 
shall  be  the  duty  of  the  general  assembly  to  provide  by  law  for  the  improvement  of  such 
lands  as  are,  or  hereafter  may  be,  granted  by  the  United  States  to  this  State  for  the  use  of 
schools,  and  to  apply  any  funds  which  may  be  raised  from  such  lands,  or  from  any  other 
source,  to  the  accomplishment  of  the  object  for  which  they  are  or  may  be  intended.  The 
general  assembly  shall  from  time  to  time  pass  such  laws  as  shall  be  calculated  to  encourage 
intellectual,  scientific,  and  agricultural  improvement,  by  allowing  rewards  and  immunities 
for  the  promotion  and  improvement  of  arts,  science,  commerce,  manufactures,  and  natural 
history,  aud  countenance  and  encourage  the  principles  of  humanity,  industry,  and  morality. 

SEC.  2.  Treason  against  the  State  shall  consist  only  in  levying  war  against  it,  or  adhering 
to  its  enemies,  giving  them  aid  and  comfort.  No  person  shall  be  convicted  of  treason  unless 
on  the  testimony  of  two  witnesses  to  the  same  overt  act,  or  his  own  confession  in  open  court. 

SEC.  3.  No  person  who  denies  the  being  of  a  God  shall  hold  any  office  in  the  civil  depart 
ment  of  this  State,  nor  be  allowed  his  oath  in  auy  court.* 

SEC.  4.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  an  appropria 
tion  by  law ;  nor  shall  any  appropriation  of  money  for  the  support  of  the  army  be  made  for 
a  longer  term  than  two  years ;  and  a  regular  statement  and  account  of  the  receipts  and  ex 
penditures  of  all  public  money  shall  be  published  with  the  promulgation  of  the  laws. 

SEC.  5.  Absence  on  business  of  this  State,  or  of  the  United  States,  or  on  a  visit,  or  nec 
essary  private  business,  shall  not  cause  a  forfeiture  of  a  residence  once  obtaiued. 

SEC.  6.  No  lottery  shall  be  authorized  by  this  State,  nor  shall  the  sale  of  lottery  tickets  be 
allowed. 

SEC.  7.  Internal  improvement  shall  be  encouraged  by  the  government  of  this  State,  and  it 
shall  be  the  duty  of  the  general  assembly,  as  soon  as  may  be,  to  make  provision  by  law  for 
ascertaining  the  proper  objects  of  improvement  in  relation  to  roads,  canals,  and  navigable 
waters,  and  it  shall  also  be  their  duty  to  provide  by  law  for  an  equal,  systematic,  and  eco 
nomical  application  of  the  funds  which  may  be  appropriated  to  these  objects. 

SEC.  8.  Returns  for  all  elections  for  officers  who  are  to  be  commissioned  by  the  governor, 
and  for  members  of  the  general  assembly,  shall  be  made  to  the  secretary  of  state,  except  in 
the  election  of  1864  they  be  made  as  directed  in  the  schedule  appended  to  this  constitution. 

SEC.  9.  Within  five  years  after  the  adoption  of  this  constitution,  the  laws,  civil  and  crimi 
nal,  shall  be  revised,  digested,  and  arranged,  and  promulgated  in  such  manner  as  the  general 
assembly  may  direct,  and  a  like  revision,  digest,  and  promulgation  shall  be  made  within 
every  subsequent  period  of  ten  years. 

Sue.  10.  In  the  event  of  the  annexation  of  any  territory  to  this  State  by  a  cession  from 
the  United  States,  laws  may  be  passed  extending  to  the  inhabitants  of  such  territory  all  the 
rights  and  privileges  which  may  be  required  by  the  terms  of  such  cession,  anything  in  this 
constitution  to  the  contrary  notwithstanding. 

SEC.  11.  Imprisonment  for  debt  shall  not  be  allowed  in  this  State,  except  when  an  allega 
tion  of  fraud  ou  the  part  of  the  debtor  shall  be  clearly  proved. 

SEC.  12.  Any  person  who  shall,  after  the  adoption  of  this  constitution,  fight  a  duel,  or  send  or 
accept  a  challenge  for  that  purpose,  or  be  aider  or  abettor  in  fighting- a  duel,  shall  be  deprived 
of  the  right  of  suffrage,  and  of  the  right  of  holding  any  office  of  honor  or  profit  in  this  State, 
and  shall  be  punished  otherwise  in  such  manner  as  is  or  may  be  prescribed  by  law. 


94  RECONSTRUCTION. 

ARTICLE  IX. 

Revenue. 

SEC.  1 .  All  revenues  shall  be  raised  by  taxation  to  be  fixed  by  law. 

SEC.  2.  All  property  subject  to  taxation  shall  be  taxed  according  to  its  value — that 
value  to  be  ascertained  in  such  manner  as  the  general  assembly  shall  direct,  making  the 
same  equal  and  uniform  throughout  the  State.  &>  one  species  of  property  from  which  a 
tax  may  be  collected  shall  be  taxed  higher  than  another  species  of  property  of  equal  value : 
Provided,  The  general  assembly  shall  have  the  power  to  tax  merchants,  hawkers,  peddlers,  and 
privileges  in  such  manner  as  may  from  time  to  time  be  prescribed  by  law :  A  nd  provided,  further, 
That  no  other  or  greater  amount  of  revenue  shall  at  any  time  be  levied  than  required  for  the 
necessary  expenses  of  the  government,  unless  by  a  concurrence  of  two-thirds  of  both  houses 
of  the  general  assembly. 

SEC.  3.  No  poll-tax  shall  be  assessed  for  other  than  county  purposes. 

SEC.  4.  No  other  or  greater  tax  shall  be  levied  on  the  productions  or  labor  of  the  country 
than  may  be  required  for  expenses  of  inspection. 

SCHEDULE. 

SEC.  1.  In  order  that  civil  government  may  be  in  full  operation  and  effect  at  the  earliest 
day  possible,  it  is  further  ordained  and  provided  that  a  general  vote  on  the  ratification  of  the 
constitution  and  ordinance  of  this  convention,  and  a  general  election,  shall  be  taken  and  held 
throughout  the  State,  as  far  as  practicable,  on  the  !<Jd  Monday  of  March  next,  as  follows,  to 
wit:  Any  number  of  persons,  being  white  male  citizens  of  the  State,  over  the  age  of  twenty- 
one  years,  at  the  county-seat  of  any  county,  or  (in  case  of  volunteer  soldiers  in  the  federal 
army)  at  the  camp  of  their  respective  companies,  having  first  taken  the  oath  prescribed  in 
the  President's  proclamation  of  December  8,  ]8G3,  before  any  justice  of  the  peace,  or  other 
person  authorized  to  administer  an  oath  within  the  county  in  which  they  reside,  or  within 
which  they  are  encamped,  may  appoint  a  commissioner  of  elections,  with  power  to  appoint 
such  election  judges  as  maybe  necessary,  who  shall  also  be  an  enrolling  officer  for  said  county 
or  company,  who  shall  proceed  as  follows,  to  wit :  Said  commissioners  shall  prepare  an 
enrolling  and  poll-book,  to  which  shall  be  appended,  the  constitution,  ordinances,  and 
schedule  of  this  convention ;  one  column  shall  then  be  headed  with  the  oath  contained  in  said 
proclamation  of  the  President ;  another  column  headed  "constitution  and  ordinances  rati 
fied;"  another  column,  "  constitution  and  ordinances  rejected;"  other  columns  shall  be  ar 
ranged  so  that  a  vote  may  be  taken  for  all  officers  to  be  voted  for  within  the  county  or  com 
pany  where  the  election  is  proposed  to  be  held  ;  said  commissioner  shall  then  take  the  oath 
aforesaid  before  any  justice  ot  the  peace,  or  other  officer  authorized  to  administer  oaths,  and 
enrol  his  own  name  at  the  head  of  the  column,  under  the  said  oath,  written  out  in  full;  die 
said  commissioner  shall  then,  on  the  said  2d  Monday  of  March  next,  within  usual  election 
hours,  proceed  to  hold  an  election,  as  follows:  viva  voce:  And  provided,  also,  That  said  com 
missioner  may  keep  the  polls  open  for  three  days,  to  wit ;  Every  white  male  citizen  over  the 
age  of  twenty-one  years,  of  the  county,  or  (in  case  of  a  military  company)  of  the  State,  pre 
senting  himself  to  vote,  and  not  being  included  in  the  exceptions  contained  in  the  said  proc 
lamation,  shall  take  the  oath  contained  in  said  proclamation,  administered  by  any  justice  of 
the  peace,  or  other  officer  authorized  to  administer  oaths  ;  and  when  his  name  has  been  there 
after  duly  enrolled  or  subscribed  in  the  proper  column,  the  commissioner  shall  cau.se  his  vobe 
to  be  recorded,  first  upon  the  question  of  the  constitution  and  ordinances,  and  then  in  the 
election  of  all  officers  to  be  voted  for. 

SEC.  2.  That,  within  five  days  after  the  holding  of  said  election,  said  commissioner  shall 
foot  up  the  said  vote,  and  certify  the  result  over  his  signature  as  commissioner ;  he  shall  then 
make  a  duplicate  of  said  book,  (except  that  the  constitution  and  ordinances  of  this  convention 
need  not  be  appended  to  the  copy,)  and  forward  the  said  copy  to  Little  Kock,  addressed  to  tlie 
provisional  government;  the  original  book  shall  be  preserved  by  said  commissioner,  and 
deposited  by  him,  as  soon  as  the  counties  are  organized,  with  the  clerk  of  the  county  wheu-iu 
the  election  is  held,  or  (in  case  of  soldiers)  in  the  county  wherein  the  voters  reside. 

SEC.  3.  Within  ten  days  after  the  receipt  of  the  said  enrolling  and  election-return  books  by 
the  provisional  governor,  it  shall  be  his  duty,  with  the  assistance  of  the  secretary  of  state,  to 
examine  the  same,  and  declare  the  result  by  proclamation,  as  follows,  to  wit : 

1st.  Whether  the  constitution  and  ordinances  of  this  convention  have  been  adopted  or  re 
jected  within  the  meaning  of  the  President's  proclamation. 

2d.  He  shall  announce  the  whole  vote  polled  for  or  against  said  constitution  and  ordi 
nances. 

3d.  He  shall  declare  what  persons  are  elected  to  the  various  offices  throughout  the  State, 
except  that  of  governor  and  lieutenant  governor  of  State,  deciding  the  result  by  plurality. 

SEC.  4.  All  persons  thus  declared  to  be  elected  State  officers  shall  enter  upon  the  discharge 
of  their  respt'ciive  offices ,as  soon  thereafter  as  they  take  and  subscribe  an  oath  before  any 
justice  of  the  peace,  or  other  officer  authorized  to  administer  oaths,  as  follows:    That  they     , 
will  faithfully  perform  the  duties  of  their  respective  offices ;    that  they  will  support  the  coi>- 
stitution  and  laws  of  the  State  and  of  the  United  States  ;  and  said  oath,  in  case  of  State  otii- 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  95 

cers,  shall  be  filed  in  the  office  of  the  secretary  of  state,  and  in  case  of  county  officers 
they  shall  enter  upon  the  duties  of  their  respective  offices  immediately  after  the  election,  upon 
filing  said  oath  with  the  county  commissioners. 

SEC..  5.  At  the  first  session  of  the  legislature,  and  during  the  first  week  of  the  session,  the 
said  provisional  governor  shall  place  the  said  return  books  before  that  body,  who  shall  de 
clare  the  result  as  to  the  election  of  governor  and  lieutenant  governor,  and  secretary  of  state, 
who,  before  entering  upon  the  duties  of  their  respective  offices,  shall  take  the  oath  herein 
prescribed  for  other  officers. 

SEC.  6.  It  is  also  further  ordained  and  declared,  that  in  counties  wherein,  for  any  cause, 
elections  are  not  held  on  the  said  2d  Monday  of  March  next,  the  same  may  be  held  for  the 
several  local  officers  provided  for  in  the  constitution,  ordinances,  and  schedule  of  this  conven 
tion,  in  the  same  manner  as  hereinbefore  described,  at  any  time  thereafter,  till  the  whole  State 
is  fully  organized  and  represented. 

SEC.  9.  The  officers  to  be  voted  for  in  this  election  are,  governor,  lieutenanf  governor, 
secretary  of  state,  auditor,  treasurer,  attorney  general,  three  judges  of  the  supreme  court, 
nine  circuit  judges,  and  nine  district  attorneys,  (according  to  act  of  January  15,  1861,; 
county  judges,  clerks,  sheriffs,  coroners,  constables,  justices  of  the  peace,  and  all  other  officers 
provided  for  in  the  constitution  and  ordinances  of  this  convention,  or  which  may  exist  by 
law,  and  members  of  the  legislature,  according  to  the  ratio  or  apportionment  of  senatorial 
districts  in  force  in  the  year  1860,  and  members  to  Congress  in  districts  Nos.  1  and  2,  accord 
ing  to  the  act  approved  January.  19,  1861,  (no  election  being  ordered  in  district  No.  3,  this 
convention  recognizing  the  election  of  Colonel  James  M.  Johnson  as  the  representative  from 
that  district.)  And  it  is  further  hereby  declared  that  all  laws  in  force  in  this  State  on  the 4th 
day  of  March,  1861,  are  still  in  force,  not  inconsistent  with  the  provisions  of  this  constitution, 
and  which  have  not  expired  by  limitation  therein  contained. 

JOHN  McCOY,  President  of  the  Convention, 

and  delegate  from  Newton  county. 

LUTHER  C.  WHITE,  Crawford  county. 

C.  A.  HARPER,  do.  do. 

JOHN  AUSTIN,  do.  do. 

JOSIAH  HARRELL,        do.  do. 

HARMON  L.  HOLLEMAN,  Sebastian  county. 

JNO.  R.  SMOOT.  do.  do. 

RANDOLPH  D.  SWINDELL,  do.  do. 

G.  W.  SEAMANS,  Madison  county. 

JAMES  T.  SWAFFORD,  Saline  county. 

W.  HOLLEMAN,  do.         do. 

JOHN  M.  DEMINT,  do.        do. 

ENOCH  H.  VANCE,  do.         do. 

MILES  L.  LANGLEY,  Clark  county. 

J.  M.  STAPP,  do.        do. 

C.  T.  JORDAN,  do.        do. 

JOHN  BURTON,  do.        do. 

JOHN  C.  PRIDDY,  Montgomery  county. 


ARKANSAS  THE  HOME  FOR  IMMIGRANTS. 

LITTLE  ROCK,  ARKANSAS,  October,  1865. 

No  State  in  the  Union  presents  greater  inducements  to  immigration  than  Arkansas  at  the 
present  time.  The  State  is  as  tranquil  as  before  the  rebellion.  Civil  law  is  re-established  in 
every  county,  and  all  parties  are  anxious  that  the  arts  of  peace  should  again  be  fostered,  and 
the  great  resources  of  the  State,  agricultural,  commercial,  manufacturing,  and  mineral,  de 
veloped. 

The  emancipation  of  the  slave  has  entirely  changed  the  relations  of  labor  to  capital,  and 
now  the  way  is  open  and  unobstructed  for  immigrants,  whether  from  other  States  or  foreign 
nations.  For  the  purpose  of  encouraging  and  giving  a  practical  direction  to  this  immigra- 
.tion,  the  Arkansas  Immigrant  Aid  Society  has  been  organized,  and  is  now  actively  in  opera 
tion,  disseminating  such  information  as  will  be  of  value  to  the  settler.  The  names  of  its 
present  board  of  officers  (whose  tenure  of  office  is  a  year)  are  hereto  appended,  and  commu 
nications  addressed  to  any  of  them  will  receive  prompt  attention.  With  Caleb  Langtree, 
esq.,  of  this  city,  chairman  of  the  bureau  of  agricultural  lauds,  publisher  of  a  sectional  map 
of  the  State,  and  who  is  thoroughly  acquainted  with  its  resources,  it  will  be  especially  ad 
vantageous  to  communicate.  Already  applications  for  specific  quantities  of  laud  have  been 
made.  Parties  are  told  where  they  can  be  found  and  the  price  thereof.  Titles  are  carefully 
investigated,  and,  generally,  the  society  is  prepared  to  meet  all  the  exigencies  of  its  organ 
ization. 


96  RECONSTRUCTION. 

The  State  of  Arkansas  extends  from  33°  to  36^°  north  latitude,  and  from  9^°  to  94°  west 
longitude,  and  has  an  area  of  53, 000  square  miles.  Although  admitted  yitothe  teucial  Union 
in  jc^o',  she  still  possesses  many  of  the  characteristics  of  a  new  State,  and  otters  a  rich  lii-id 
for  the  capitalist,  the  artisan,  and  the  farmer  especially,  since  the  desolation  of  war  \n>.<  n  a- 
tiered  productive  industry  unusually  necessary  and  remunerative.  The  internal  resources  of 
the  State  can  hardly  he  exaggerated.  Eight  rivers,  the  St.  Francis,  Black,  White,  Arkansas, 
Saline,  Bayou  Bartholomew,  Ouachita,  and  Red,  all  navigable,  to  a  greater  or  less  extent.  :md 
with  numerous  tributaries,  themselves  navigable  at  certain  seasons,  flow  through  it  to  the  Mis 
sissippi,  and  contribute  to  a  fertility  and  diversity  of  soil  unsurpassed  on  the  globe.  But  the 
testimony  of  thoroughly  scientific  men  is  probably  better  than  our  own  with  regard  to  the 
quality  of  soil.  The  celebrated  Dr.  Peter,  of  Louisville,  says  that  "Arkansas  may  boast, 
among  her  river  bottoms  and  in  her  cretacious  and  lower  silurian  soils,  of  as  fertile  lands  as 
any  on  the^coutinent.  Some  of  her  soils  are  so  rich  in  carbonate  of  lime  that  they  may  be 
classed  as  marls,  rather  than  soils.  Others  contain  so  much  oxide  of  iron,  that  they  resem 
ble  in  color,  as,  probably,  in  composition,  the  famous  red  soil  of  the  island  of  Cuba,  on  which 
the  best  cigar  tobacco  is  raised.  Others,  again,  may  be  employed  as  a  cheap  pigment  for 
common  painting,  being  of  the  nature  of  red  ochre  or  Spanish  browrn,  which  are  found  to  be 
among  the  best  paints  which  can  be  used  for  the  preservation  of  wood,  &c.,  which  is  exposed 
to  the  weather." 

The  disposition,  moreover,  of  the  arable  land  of  the  State  is  eminently  favorable  to  its  de 
velopment.  The  great  diversity  of  soil,  to  which  allusion  has  already  been  made,  the  suc 
cession  of  hills  and  valleys,  the  number  of  creeks  and  springs,  the  rivers  traversing  nearly 
every  section  of  the  State,  and  her  great  mountains,  conspire  to  produce  a  diffusion  oi  advan 
tages  .that  renders  every  county  in  the  State  desirable  for  settlement. 

Within  the  limits  proposed  in  this  circular,  it  will  be  impossible  to  particularize  to  any  con 
siderable  extent.  Allusion,  however,  may  be  made,  in  a  general  way,  to  the  productions  of 
different  localities.  In  northern  Arkansas,  all  the  grains,  such  as  wheat,  oats,  rye,  barley, 
and  corn,  are  grown  with  great  success,  and  the  apple,  the  pear,  the  peach,  the  quince,  and 
the  grape,  and  all  species  of  the  melon,  thrive  most  abundantly.  South  of  and  along  the 
Arkansas  river,  which  cuts  the  State  into  nearly  two  equal  parts,  from  northwest  to  south 
east,  all  these  fruits  are  grown  equally  as  well,  and  others  of  a  more  tropical  nature,  such  as 
the  fig  and  apricot,  are  easily  produced,  and  as  for  the  variety  and  quality  of  garden  vegeta 
bles,  Arkansas  stands  unrivalled.  Cotton  is,  nevertheless,  the  great  staple  ot  the  State,  and 
for  years  to  come  its  cultivation  will  unquestionably  be  remunerative  in  a  high  degree.  Her 
uplands  produce  from  800  to  1,200  pounds  of  seed  cotton  per  acre.  On  the  creek  and  river 
bottoms,  and  other  favorable  localities,  from  1,500  to  2,000  pounds  of  seed  cotton  per  acre  are 
easily  produced.  In  the  valleys  of  various  streams,  scattered  here  and  there  throughout  the 
State,  the  walnut,  pawpaw,  elm,  box  elder,  pecan,  and  other  trees  that  indicate  a  varied  and 
fertile  soil,  thrive  in  great  profusion.  And  passing  along  her  larger  rivers,  observers  are 
struck  with  the  quantity  and  size  of  the  timber  growing  upon  their  banks.  In  the  southern 
portion  of  the  State,  the  forests  of  white  oak  are  immense,  from  which,  in  former  years,  great 
quantities  of  staves  were  made  and  sent  to  the  New  Orleans  market ;  and  from  this  section 
came  also  the  famous  cypress  rafts,  that  supplied  with  logs  the  mills  of  the  lower  Mississippi. 
The  timber  on  the  uplands  is  abundant.  It  consists  principally  of  the  black,  white,  red,  and 
post  oaks,  hickory,  yellow  pine,  dogwood,  and  maple,  while  along  the  margins  of  the  little 
streams  there  may.be  seen  the  walnut,  beach,  elm,  and  gum. 

Arkansas  has  also  medicinal  springs  of  great  value,  especially  the  Hot  springs,  in  Hot 
Spring  county,  southwest  of  Little  Rock.  The  latter  possess,  in  fact,  most  remarkable  qual 
ities.  Many  of  them  have  a  temperature  ranging  at  the  fountain  head  as  high  as  14d°  Fah 
renheit,  surpassing  the  Warm  springs  of  Virginia,  in  this  respect,  by  f>0c,  and  having  a  most 
potent  effect  in  the  cure  of  many  diseases.  Says  the  lamented  Dr.  David  Dale  Owen,  late  State 
geologist:  "in  many  forms  of  chronic  diseases,  especially,  the  effects  of  these  springs  are 
truly  astonishing.  The  copious  diaphoresis  which  the  hot  bath  establishes,  opens,  in  itself,  a 
main  channel  for  the  expulsion  of  principles  injurious  to  health,  made  manifest  by  its  peculiar 
odor.  A  similar  effect  in  a  diminished  degree  is  also  effected  by  drinking  the  hot  water,  a 
common,  indeed  almost  universal  practice,  among  invalids  at  the  Httf  springs.  The  impres 
sion  produced  by  the  hot  douche,  as  above  described,  is  indeed  powerful,  arousing  into  action 
sluggish  and  torpid  secretions.  'Ihe  languid  circulation  is  thus  purified  of  inorbitic  matters, 
and  thereby  renewed  vigor  and  healthful  action  are  given,  both  to  the  absorbents,  lymphatics, 
and  to  the  excretory  apparatus,  a  combined  effect  which  no  medicine  is  capable  of  accom 
plishing." 

The  mineral  resources  of  Arkansas  are  also  of  undoubted  superiority,  and  will  richly  repay 
investigation  and  development.  Upon  this  subject,  Dr.  Owen  again  says:  "There  are  re 
sources  of  the  State  in  ores  of  zinc,  manganese,  iron,  lead,  and  copper,  marble,  whet  and 
hone  stones,  rock  crystal,  paints,  nitre-earths,  kaolin,  granite,  freestone,  limestone,  marls, 
green  sand,  marly  limestones,  grindstones,  and  slate,  which  may  well  justify  the  assertion 
that  Arkansas  is  destined  to  rank  as  one  of  the  richest  mineral  States  in  the  Union.  Her  zinc 
ores  compare  very  favorably  with  those  of  Silesia,  and  her  argentiferous  galena  far  exceeds  in 
percentage  of  silver  the  average  oies  of  other  countries.  Her  uovaculite  rock  cannot  be  ex 
celled  in  fineness  of  texture,  beauty  of  color,  and  sharpness  of  grit. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  97 

"Her  cn'stal  mountains  stand  unrivalled  for  extent,  and  their  products  are  equal  in  brilliancy 
and  transparency  to  any  in  the  world.  Numerous  iron  regions  have  been  discovered,  many 
of  •which  are  well  worthy  the  examination  of  th«>  iron-master.  Wide  belts  of  country  have 
been  indicated  where  marble  prevails.  Sources  have  been  pointed  out  where  the  best  lime 
stones  can  be  procured,  both  for  burning1  to  lime,  making1  hydraulic  cement,  and  for  the  im 
provement  of  land,  as  mineral  fertilizers  and  physical  ameliorators  of  the  soil." 

The  State  possesses,  also,  great  advantages  in  her  coal  formations.  The  Illinois  coal-fields, 
covering  parts  of  Indiana,  of  western  Kentucky,  and  of  Illinois,  throw  out  spurs  into  Arkan 
sas.  Coal  has  already,  indeed,  been  found  and  surveyed  in  twelve  counties  of  the  State,  and 
in  those  that  are  furthest  from  the  great  coal  basin,  which  extends  east  of  the  Mississippi,  a 
fact  said  by  scientific  men  to  be  indicative  of  a  superior  quality  of  coal,  for  the  reason,  as 
stated  by  Dr.  Owen,  that  the  further  the  spurs  are  removed  from  the  centre  of  the  coal  basin, 
the  more  valuable  becomes  the  coal,  from  the  scarcity  of  the  combustible  material.  Thus 
arises  the  great  value  of  the  coal  strata  of  western  Arkansas,  offering  safe  returns  to  capital, 
and  inviting  the  construction  of  railroads  in  a  manner  that  will  not  long  remain  unheeded. 
Promising  surface  indications  of  petroleum  have  likewise  been  discovered  in  the  vicinity  of 
Little  Rock  and  elsewhere,  and  the  Arkansas  Petroleum  Company  has  been  projected  with 
the  prospect  of  a  complete  organization  within  a  reasonable  length  of  time. 

The  climate  of  Arkansas  may  be.designated  as  neither  too  cold  in  winter  nor  too  warm  in 
summer.  In  the  shelter  of  the  valleys  in  the  northern  and  of  the  caiiebrakes  in  the  southern 
part  of  the  State,  stock  not  only  survive,  but  keep  in  good  condition,  the  entire  winter.  The 
tierce  northers  experienced  in  Texas  are  wholly  unknown  in  Arkansas.  But,  aside  from  the 
inducements  of  soil,  climate,  and  production,  Congress  made,  in  times  past,  several  valuable 
donations  of  land  to  the  State : 

1  st.  To  encourage  the  manufacture  of  salt,  twelve  salt  springs  were  selected  by  the  State  and 
confirmed  as  her  property,  to  which  Congress  added  six  sections  of  land  to  each,  making  seventy- 
two  sections  in  all.  Many  of  these  springs  produce  well,  and  have  heretofore  been  freely 
worked,  the  parties  leasing  from  the  State. 

2d.  The  magnificent  grant  of  the  swamp  lands,  amounting,  in  the  aggregate,  to  at  least 
ten  millions  of  acres;  and  though  the  word  "swamp"  might,  to  strangers,  convey  the  idea 
of  wet  and  irreclaimable  land,  yet  that  class  of  lands  is  very  small  indeed,  compared  with  the 
vast  quantity  of  line  agricultural  tracts  comprised  in  the  grant.  First-class  swampland  sold, 
and  very  probably  will  sell  again,  at  seventy-five  cents  per  acre ;  the  second-class,  at  fifty 
cents  per  acre — a  price  so  low  that  the  poorest  and  most  humble  worker  of  the  soil  will  find 
uo  difficulty  in  securing  himself  a  home. 

3d.  The  sixteenth  section  in  every  township  is  also  donated  to  the  actual  settlers  in  that 
township  for  educational  purposes.  Many  of  these  sections  have  been  disposed  of  at  good 
prices,  and  the  money  loaned  out  at  ten  per  cent,  interest.  Much  of  this  fund  will  probably 
be  lost,  but  there  can  be  no  doubt  that,  under  a  judicious  system  of  legislation,  with  the  honest 
co-operation  of  the  county  courts,  much  will  be  saved,  thus  forming  a  sacred  fund  to  be  used 
for  the  instruction  of  the  rising  generation. 

Thus,  somewhat  at  length,  but  still  doing  by  no  means  full  justice  to  the  State,  and  at 
tempting  but  little  of  that  detail  which,  in  the  progress  of  the  society,  will  be  made  the  sub 
ject  of  a  much  larger  publication,  are  exhibited  some  of  the  principal  features  of  the  State, 
and  the  inducements  to  emigrate  thereto. 

Branch  organizations  are  being  established,  to  operate  in  the  various  portions  of  the  State, 
and  furnish  the  central  society  lull,  frequent,  and  accurate  information,  statistical  and  other 
wise,  all  of  which  will  be  duly  published  and  generally  circulated. 

There  is  no  reason  why  Arkansas  should  not  take  one  of  the  proudest  positions  in  the  gal 
axy  of  American  States;  and  the  Arkansas  Immigrant  Aid  Society,  springing  into  existence 
at  the  close  of  a  desolating  war,  are  nevertheless  hopeful  not  only,  but  confident,  that  their 
State  can  rapidly  be  settled  up.  The  northern  exodus  has  begun.  Trade  and  commerce, 
agriculture  and  manufactures,  will  soon  assert  their  sway.  Common  schools  abound,  and 
morality  keeps  pace  with  prosperity. 

Officers  of  the,  Arkansas  Immigrant  Aid  Society. — Hon.  Robert  J.  T.  White,  secretary  of 
state,  Little  Rock,  Arkansas,  president.  His  excellency  Isaac  Murphy,  governor  of  Arkan 
sas,  Little  Rock  ;  Hon.  Liberty  Bartlett,  judge  of  the  5th  judicial  circuit,  Little  Rock  ;  Dr. 
R.  L.  Dodge,  Little  Rock ;  Hon.  Jesse  Turner,  Dr.  Richard  Thruston,  Van  Buren,  Craw 
ford  county ;  Hon.  John  D.  Smoot,  of  Fort  Smith,  Sebastian  county :  Gen.  J.  C.*  Tappan, 
of  Helena,  Phillips  county;  Hon.  E.  W.  Gantt,  of  Washington,  Hempstead  county;  Gen. 
Powell  Clayton,  of  Pine  Bluff,  Jefferson  county ;  Hon.  Simeon  D.  Rosson,  of  Rich  Woods, 
Izard  county,  vice-presidents.  Albert  W.  Bishop,  adjutant  general  of  Arkansas,  Little  Rock, 
corresponding  secretary.  John  P.  Jones,  Little  Rock,  recording  secretary.  John  Whytock, 
district  attorney,  5th  judicial  circuit,  Little  Rock,  attorney.  Major  D.  H.  Barnes,  Little 
Rock,  treasurer.  Caleb  Langtree,  esq.,  publisher  of  Langtree's  Sectional  Map  of  Arkansas, 
Little  Rock ;  Hon.  J.  R.  Berry,  State  auditor,  Little  Rock  ;  John  B.  Luce,  esq.,  Fort  Smitti, 
Sebastian  county,  bureau  of  agricultural  lauds.  Lucien  J.  Barnes,  esq.,  United  States  inteV- 
nal  revenue  assessor  for  district  of  Arkansas,  Little  Rock;  Col.  M.  LaRue  Harrison,  Fay- 
etteville,  Washington  county;  Hon.  James  Thomas  Elliott,  Camden,  Ouachita  county, 
7  A  GM  A 


9  8  RECONSTRUCTION. 

udge  6th  judicial  circuit,  bureau  of  commerce  and  manufactures.  Wm.  O.  Stoddard,  esq., 
TJnited  States  marshal,  eastern  district  of  Arkansas ;  Dr.  James  A.  Dibrell,  Little  Rock ; 
Hon.  Thomas  Boles,  judge  4th  judicial  circuit,  Dardauelle,  Yell  county,  bureau  of  mines  and 
mineral  lands.  J.  S.  Pollock,  esq.,  Col.  Win.  S.  Oliver,  James  Garibaldi,  esq.,  Little  Rock, 
committee  of  ways  and  means. 

Corresponding  members. — General  John  Edwards,  Fort  Smith,  Arkansas  ;  Henri  Jacobi, 
esq.,  Little  Rock,  Arkansas;  Israel M.  Moore,  esq.,  Searcy,  White  county,  Arkansas;  W. 
II.  Halliburton,  esq.,  De  Witt,  Arkansas  county,  Arkansas.  [Others  will  be  added.] 


WASHINGTON,  February  20,  1366. 
Major  J.  W.  Smith  sworn  and  examined : 

By  Mr.  BOTJTWELL  : 

Question.  State  your  name,  residence,  age,  and  occupation. 

Answer.  My  name  is  J.  W.  Smith  ;  age,  forty ;  residence,  Little  Rock,  Arkansas ;  occu 
pation,  additional  paymaster  in  the  army. 

Question.   What  has  been  your  means  of  information  touching  the  condition  of  the  people 
of  Arkansas  and  their  opinions  concerning  this  government '? 

Answer.  I  have  lived  in  Little  Rock  two  years  and  a  half;  have  travelled  over  a  consid 
erable  portion  of  the  State  making  payments  to  troops,  and  have  met  men  from  all  por 
tions  ot  the  State  and  conversed  with  them. 
Question.  When  did  you  leave  Little  Rock  ? 
Answer.  I  left  there  on  the  9th  of  this  month,  I  think. 

Question.  Is  there  or  not  a  settled  condition  of  public  affairs  there,  so  that  business  is  at 
tended  to  in  the  ordinary  way? 

Answer.  Yes ;  it  is  as  settled  now  as  it  ever  was  in  all  that  portion  of  the  State  where  I 
live.  There  is  no  trouble  of  any.  kind  whatever. 

Question.  Have  any  considerable  number  of  soldiers  from  the  rebel  army  returned  to  the 
State  since  Lee's  surrender  1 
Answer.  Yes,  sir. 

Question.  Have  you  any  opinion  as  to  the  number  ? 

Answer.  No ;  I  have  not.  They  are  coming  in  every  day.  I  can  form  no  idea  of  the 
number. 

Question.  As  far  as  you  know,  what  proportion  of  those  who  went  into  the  rebel  army 
have  since  returned  ? 

Answer.  I  believe  that  four-fifths,  and  perhaps  more,  of  those  who  went  into  the  rebel 
army  are  dead.     Several  regiments  and  single  companies  were  raised  about  Little  Rock. 
One  regiment  went  out  twelve  hundred  strong,  and  of  some  of  the  companies  only  four  or  five 
are  left,  and  some  as  high  as  twenty  or  thirty.     Most  of  those  living  have  come  back. 
Question.  What  appears  to  be  their  purpose  concerning  the  future? 

Answer.  Judging  from  their  present  arrangements  I  should  suppose  their  intention  is  to  be 
good,  loyal  men.  Most  of  the  prominent  men  have  obtained,  or  sought  to  obtain,  northern 
men  as  partners,  and  that  whole  country  is  filled  with  southern  men  and  northern  officers  or 
men  acting  as  partners  in  their  business  matters. 

Question.  Is  the  sentiment  of  the  people,  so  far  as  you  have  observed  it,  more  or  less  hos 
tile  towards  the  government  than  it  was  in  the  months  of  April  and  May  last? 
Answer.  It  is  less  hostile. 

Question.  In  the  elections  there  are  the  people  more  likely  to  sustain  a  man  who  has  been 
an  avowed  Unionist  from  the  beginning,  or  a  man  who  has  been  complicated  in  the  rebel  i ion  ? 
Answer.  There  has  been  no  disposition  at  all  to  take  a  man  who  has  been  complicated  with 
the  rebellion,  because  that  would  make  their  position  still  mure  embarrassing.     I  think  all 
the  members  from  Arkansas  are  good,  loyal  men.     I  know  several  of  them  personally. 
Question.  What  ones  do  you  know  personally  ? 

Answer.  I  know  Colonel  Johnson,  Judge  Byers,  Mr.  Kyle,  and  Senator  Snow. 
Question.  And  you  regard  them  all  as  those  who  have  been  loyal  men  ? 
Answer.  I  do  not  think  there  is  any  question  of  it. 
Question.  Have  any  of  them  been  connected  with  the  rebellion  ? 

Answer.  I  think  not,  in  any  shape  or  form.  Colonel  Johnson  raised  a  regiment  of  United 
States  troops,  and  has  been  in  the  service  three  years.  Mr.  Kyle  left  his  home  and  came 
within  our  lines  early  in  the  war,  and  has  since  been  a  thoroughly  loyal  man.  Judge  Byers 
has  from  the  first  been  regarded  as  one  of  the  strongest  Union  men  in  the  State,  and  is  re 
garded  as  an  entirely  safe  man. 

Question.  What  is  the  condition  of  the  colored  people  of  Arkansas  ? 

Answer.  They  are  all  at  work  who  will  work;  there  is  employment  for  more  laborers  than 
are  in  the  State,  and  every  one  who  will  work  at  reasonable,  or  even  large  wages,  is  em 
ployed. 

Question.  What  is  the  general  disposition  of  the  negroes  as  to  work  ?  Are  they  disposed  to 
work,  or  otherwise  ? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  99 

Answer.  They  are  generally  disposed  to  work,  and  there  is  no  difficulty  in  reference  to 
them.  I  have  travelled  up  and  down  the  valley  of  the  Arkansas,  and  I  know  all  the  planta 
tions,  almost,  within  a  hundred  miles  of  Little  Rock.  I  do  not  know  so  much  about  the 
Red  river  country,  personally  but  I  see  men  from  there  almost  every  day.  My  office  ad 
joins  the  Freedmen's  Bureau  headquarters,  and  I  know  almost  as  much  about  the  negroes 
as  if  I  were  in  the  Freedmen's  Bureau.  They  are  all  employed,  and  employed  at  good 
wages. 

Question.  Is  there  a  disposition  among  the  negroes  to  be  educated  ? 

Answer.  As  far  as  those  who  are  in  the  cities  are  concerned,  there  is  ;  and  I  do  not  know 
but  there  is  as  much  disposition  among  those  outside,  but  they  have  not  the  same  opportu 
nity.  Arrangements  are  being  made  for  the  education  of  all  the  negroes  in  the  towns. 

Question.  What  is  the  disposition  among  the  white  people  who  are  old  settlers  in  Arkan 
sas,  in  reference  to  the  improvement  of  the  negroes?  Is  it  favorable,  or  otherwise? 

Answer.  I  can  give  you  one  instance  which  is  probably  a  prominent  one.  Bishop  Lay 
has  been  a  southern  man  and  a  rebel ;  he  was  with  Hood's  army  all  the  time,  as  a  mission 
ary  ;  he  has  since  been  sent  to  Arkansas  and  the  Indian  territory,  as  missionary  bishop  ;  he 
is  now  the  rector  of  a  church  in  Little  Rock  ;  he  told  me  the  Episcopal  Missionary  Board 
had  appropriated  §6,000  for  his  field,  and  that  he  expected  to  devote  a  part  of  it  to  the  edu 
cation  of  the  negroes.  Two  men  beside  himself  will  be  stationed  at  Little  Rock,  and  a  por 
tion  of  their  time  will  be  devoted  to  the  enterprise  of  schools  and  churches  for  the  negroes. 

Question.  Is  there  any  desire  among  the  negroes,  so  far  as  you  know,  to  purchase  land? 

Answer.  I  do  not  know  much  about  it.  There  have  been  a  few  sales  of  laud  made  to 
negroes  within  my  knowledge.  Judge  Watkins,  late  judge  of  the  supreme  court  of  Arkan 
sas,  I  know,  lately  deeded  some  lands  to  negroes. 

Question.  Is  there  any  prejudice  or  feeling  against  negroes  becoming  land-holders  ? 

Answer.  I  have  never  heard  of  any. 

Question.  What  is  your  opinion  of  the  operations  of  the  Freedmen's  Bureau  in  Arkansas  ? 
Are  they  beneficial,  or  otherwise? 

Answer.  It  gives  confidence  to  the  negroes ;  they  think  they  have  some  one  to  protect 
them  and  look  after  their  interests.  I  do  not  see  much  disposition  on  the  part  of  the  land 
holders  to  oppress  them,  nor  do  I  think  there  is  much  danger  of  it  at  this  time,  from  the  feet 
that  they  want  their  labor.  There  are  many  plantations  lying  idle  because  hands  canuat  be 
obtained  to  work  them. 

Question.  What  is  their  average  pay? 

Answer.  Twenty  dollars  a  month  is  the  average  price  of  good  field  hands. 

Question.  How  is  it  about  their  board  and  clothing? 

Answer.  They  get  their  board  and  doctor's  bills  paid  ;  they  clothe  themselves  ;  the  women, 
who  are  first-class  field  hands,  get  $15  a  month;  those  who  are  less  useful  get  a  less  price. 
There  are  a  certain  portion  of  the  negroes  at  Little  Rock  who  seem  to  fear  going  into  the 
country,  who  fear  oppression,  or  something,  they  do  not  know  what ;  they  are  the  more 
ignorant  class,  and  their  number  is  not  very  large. 

Question.  Is  the  question  of  negro  suffrage  discussed  at  all  among  the  people? 

Answer.  It  has  been  discussed  to  some  extent. 

Question.  As  far  as  you  have  observed,  what  is  the  feeling  there  on  that  subject? 

Answer.  The  citizens  are  opposed  to  it  as  a  general  thing. 

Question.  For  what  reason  ? 

Answer.  I  do  not  know,  except  the  old  prejudice,  which  still  remains  to  some  extent ; 
partly,  too,  from  the  ignorance  of  the  negroes. 

Question.  Is  it  not  also  true  that  many  of  the  whites  are  ignorant? 

Answer.  Very.  I  have  paid  companies  of  Arkansas  troops  where  very  few  of  the  men 
could  write  their  names. 

Question.  They  all  vote? 

Answer.  They  do. 

Question.  Is  there  any  reason  given  for  negroes  not  voting,  that  is  not  applicable  to  a  very 
large  class  of  white  voters  there  ? 

Answer.  No,  sir ;  none  at  all. 

Question.  Is  there  any  necessity  for  continuing  a  military  force  in  Arkansas  ? 

Answer.  I  do  not  think  there  is,  as  far  as  the  preservation  of  order  is  concerned.  Thero 
has  been  no  disturbance  of  any  consequence  for  a  long  time  there.  As  far  as  I  know,  in  a 
circuit  of  75  or  100  miles  about  Little  Rock,  there  has  been  but  one  murder  withiu  the  last 
six  months ;  and  that,  I  presume,  would  be  considered  a  good  condition  of  things  even  ill 
one  of  the  old  States. 

Question.  The  courts  there  are  in  operation  ? 

Answer.  All  in  operation. 

Question.  Where  were  you  born  ? 

Answer.  In  Connecticut. 

Question.  When  did  you  leave  there  ? 

Answer.  I  think  in  Iri46. 

Question.  Where  have  you  resided  since? 

Answer.  A  part  of  the  time  in  this  city,  a  part  of  the  time  in  Missouri,  and  a  part  of  the 
time  in  Vermont. 


100  RECONSTRUCTION. 


WASHINGTON,  February  21,  1866. 

Brevet  Major  General  Rufus  Saxton  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Have  you  been  in  the  military  service  of  the  United  States  during  the  rebellion  ? 

Answer.  I  have. 

Question.  In  what  capacity  ? 

Answer.  At  the  commencement  of  the  war  I  was  assistant  quartermaster ;  I  was  then  pro 
moted  to  be  a  brigadier  general,  and  afterwards  a  major  general  by  brevet  of  volunteers.  I 
have  now  been  mustered  out  of  the  volunteer  service,  and  am  a  captain  in  the  quartermaster's 
department,  with  the  brevet  rank  of  colonel. 

Question.  What  have  been  your  means  of  information,  since  Lee's  surrender,  concerning 
the  condition  of  public  sentiment  in  the  States  of  Georgia,  Alabama,  Mississippi,  and  Ar 
kansas,  or  either  of  them  ? 

Answer.  I  have  been  an  assistant  commissioner  of  the  Freedmen's  Bureau  for  the  States 
of  South  Carolina,  Georgia,  and  Florida,  since  its  organization,  until  the  15th  of  last  month, 
when  I  was  relieved.  The  first  part  of  the  time  I  was  assistant  commissioner  for  the  three 
States  I  have  named.  In  August  I  was  relieved  from  the  charge  of  Florida;  in  December 
from  Georgia,  and  in  January  from  South  Carolina.  I  have  had  opportunities  of  observing 
the  condition  of  affairs  through  the  reports  of  my  subordinate  agents  in  those  States ;  from 
my  own  observations  during  my  inspections  and  from  my  intercourse  in  my  own  office  with 
the  leading  rebels. 

Question.  Confining  your  remarks  to  the  State  of  Georgia,  what  is  the  condition  of  the 
people  there,  so  far  as  you  know,  and  their  temper  and  opinions  concerning  the  government 
of  the  United  States  ? 

Answer.  I  think  a  small  portion  of  the  people  earnestly  desire  to  fulfil  their  obligations  as 
citizens  of  the  United  States  to  the  best  of  their  ability.  But  a  large  majority  of  the  people, 
I  think,  are  disloyal  at  heart,  and  have  no  love  for  the  Union,  and  look  forward  to  the  time 
when  they  can  set  up  a  separate  organization  for  themselves.  The  influence  of  this  small 
class  who  desire  to  do  what  it  is  right  is  not  very  great.  I  do  not  think  they  could  live  there 
in  safety  without  the  presence  and  protection  of  the  soldiers  of  the  Union.  I  think,  as  a 
general  rule,  they  have  no  faith  in  the  freedom  of  the  blacks,  and  it  is  their  desire  to  prove  that 
their  emancipation  is  a  failure ;  that  the  best  condition  of  the  colored  man  is  one  of  servitude. 

Question.  In  the  election  of  persons  to  office,  who  would  be  preferred  by  the  people — those 
who  have  been  identified  with  the  Union  cause,  or  those  who  have  been  identified  with  the 
rebellion  ? 

Answer.  Those  who  Tiave  been  most  strongly  identified  with  the  rebellion.  The  fact  that 
a  person  is  and  has  been  thoroughly  loyal  to  the  United  States,  I  think,  would  be  fatal  to  his 
election  to  any  office  in  the  gift  of  the  people  ;  at  least  that  is  the  case,  so  far  as  my  knowledge 
extends. 

Question.  Has  there  been  any  observable  change  either  way  in  public  sentiment  since 
Lee's  surrender  ?  If  so,  what  change  has  there  been  ? 

Answer.  To  the  best  of  my  knowledge  there  has  not  been,  except  that  I  think  they  are,  if 
possible,  more  openly  disloyal  now  than  they  were  at  first. 

Question.  Did  you  have  the  means  of  knowing  the  antecedents  of  the  men  who  were  ap 
pointed  to  office  under  the  provisional  government  of  Georgia  ?  If  so,  will  you  state  whether 
they  were  men  who  had  been  identified  with  the  rebellion,  or  men  opposed  to  it? 

Answer.  I  cannot  state  from  my  own  personal  knowledge  in  regard  to  that.  The  general 
impression  upon  my  mind,  without  having  time  to  investigate  the  matter  thoroughly,  but  from 
conversations  I  have  held  there,  is,  that  it  was  a  general  rule  to  appoint  those  who  had  been 
disloyal ;  that  their  disloyalty  was  no  bar  to  their  appointment  to  office. 

The  reason  I  did  not  investigate  the  matter  so  that  I  could  answer  your  question  more 
positively  was,  that  it  was  so  completely  established  in  my  mind  that  such  was  the  case 
that  I  did  not  even  take  the  trouble  to  inquire  about  it.  That  was  the  general  conversation. 
1  arrived  at  this  conclusion  from  my  conversations  with  Union  people,  and  also  with  those 
who  are  disloyal.  Union  men,  who  have  been  true  to  the  government  throughout  the  war, 
have  complained  to  me  that  they  have  less  influence  now,  if  possible,  than  they  had  while 
the  war  was  going  on  ;  and  that  that  fact  greatly  discouraged  them. 

Question.  You  say  the  people  are,  if  possible,  more  openly  disloyal  now  than  they  were  at 
the  time-  of  Lee's  surrender.  To  what  do  you  attribute  that  ? 

Answer.  I  explain  it  in  this  way:  When  Lee's  army  surrendered,  the  leaders  of  the 
army  and  a  great  portion  of  the  intelligent  soldiers  believed  that  they  would  never  after 
wards  have  any  political  rights ;  and  they  were  surprised  at  the  leniency  which  has  beem 
shown  to  them  by  the  government  of  the  United  States.  And  the  fact  that  they  have  received 
so  much  encouragement  I  think  has  operated  to  make  them  more  openly  defidut  than  they 
were  before. 

Question.  IE  it,  then,  your  opinion  that  if  a  sterner  policy  had  been  pursued  by  the  govern 
ment,  and  pardons  had  been  refused,  or  granted  only  in  a  small  number  of  cases,  the  condi 
tion  of  the  country  would  have  been  better  than  it  is  now  ? 

\ 


ARKANSAS— GEORGIA — MISSISSIPPI — ALABAMA.  101 

Answer.  It  is. 

Question.  What  is  the  disposition  of  the  people  of  Georgia  towards  northern  immigrants 
into  that  State? 

Answer.  I  cannot  say  with  regard  to  the  cultivators  of  the  soil ;  but  with  regard  to  those 
entering  into  commercial  business  there,  I  believe  it  to  be  the  settled  policy  of  the  people- 
not  to  give  a  northern  man  any  chance  whatever,  if  they  can  avoid  it.  I  think  the  general 
impression  among  all  northern  men  who  have  gone  into  business  there  is  that  they  are  perse 
cuted  simply  because  they  are  northern  men  and  Union  men.  I  think  that  among  the  great 
majority  of  the  white  population  there,  hatred  to  "the  Yankees,"  so  called,  is  thorough  and 
intense. 

Question.  If  the  military  forces  of  the  United  States  were  to  be  withdrawn,  what  would  be 
the  condition  of  avowed  Union  men  and  northern  men  there? 

Answer.  I  think  that  their  position  there  would  be  such  that  it  wrould  be  hardly  possible 
for  them  to  remain  there ;  particularly  those  who  have  taken  any  prominent  part  on  the  side 
of  the  government.  I  do  not  think  they  would  be  allowed  to  express  openly  their  Union 
sentiments  without  the  protection  of  the  United  States  troops. 

Question.  So  far  as  there  has  been  any  legislation  or  public  action  in  Georgia,  what  do 
you  understand  to  be  the  policy  of  the  State  in  regard  to  the  freedmen? 

Answer.  The  legislation  with  regard  to  the  status  of  the  freedmen  in  Georgia  was  not 
developed  until  after  I  was  relieved  as  assistant  commissioner  of  the  Freedmen's  Bureau  for 
that  State  ;  and  having  been  so  thoroughly  occupied  with  my  business  as  commissioner  for 
South  Carolina,  I  have  not  given  the  subject  that  attention  which  would  enable  me  to  answer 
your  question  properly.  It  is  my  impression  that  the  legislation  of  the  State  has  been  unfair 
towards  the  freedmen ;  but  I  have  only  general  impressions  in  regard  to  that  subject,  and 
cannot  answer  the  question  more  definitely.  I  have  looked  over  some  of  their  acts,  but  have 
not  studied  them  sufficiently  to  enable  me  to  answer  distinctly.  My  opinions  expressed  here 
are  not  founded  entirely  on  my  owrn  personal  observation  and  inspection,  for  my  inspection 
has  been  confined  to  small  portions  of  the  State;  but  I  believe  my  expressions  of  opinion  will 
apply  equally  well  to  the  other  portions  of  the  State  which  I  have  not  visited.  It  is  my 
opinion  that  the  former  slaveholders,  even  if  they  earnestly  desired  it,  could  not  be  just  to 
their  former  slaves,  for  they  do  not  know  what  justice  to  the  negro  means. 

Question.  Considering  the  negroes  as  a  class  by  themselves,  what  is  your  opinion  of  their 
disposition  to  labor  if  they  are  properly  paid  and  properly  treated  ? 

Answer.  I  think  that  the  freedmen  share  with  the  rest  of  the  human  race  a  natural  disin 
clination  to  labor,  but  to  no  greater  extent  than  it  is  shared  by  the  white  race.  I  think  that 
with  proper  stimulus  to  industry  they  would  be  as  industrious  as  any  other  people.  I  know 
this  to  be  the  case,  because  I  have  tried  the  experiment  myself.  The  only  stimulus  they  for 
merly  had  to  labor  was  that  of  the  lash.  That  is  removed  ;  but  the  stimulus  of  wages,  and 
their  finding  out  that  by  the  products  of  their  own  labor  they  can  obtain  those  necessaries  of 
life  which  they  desire,  will  be  sufficient  to  make  them  a  thrifty  and  industrious  people. 

Question.  What  is  their  disposition  in  regard  to  p.urchasiug  land,  and  what  is  the  dispo 
sition  of  the  landholders  in  reference  to  selling  land  to  the  negroes  ? 

Answer.  The  object  which  the  freednian  has  most  at  heart  is  the  purchase  of  land.  They 
all  desire  to  get  small  homesteads  and  to  locate  themselves  upon  them,  and  there  is  scarcely 
any  sacrifice  too  great  for  them  to  make  to  accomplish  this  object.  I  believe  it  is  the  policy 
of  *he  majority  of  the  farm  owners  to  prevent  negroes  from  becoming  landholders.  They  de 
sire  to  keep  the  negroes  landless,  and  as  nearly  in  a  condition  of  slavery  as  it  is  possible  for 
them  to  do.  I  think  that  the  former  slaveholders  know  really  less  about  the  freedmen  than 
any  other  class  of  people.  The  system  of  slavery  has  been  one  of  concealment  on  the  part  of 
the  negro  of  all  his  feelings  and  his  impulses  ;  and  that  feeling  of  concealment  is  so  ingrained 
with  the  very  constitution  of  the  negro  that  he  deceives  his  former  master  on  almost  every 
point.  The  freedman  has  no  faith  in  his  former  master,  nor  has  his  former  owner  any  faith 
in  the  capacity  of  the  freedman.  A  mutual  distrust  exists  between  them.  But  the  freedman 
is  ready  and  willing  to  contract  to  work  for  any  northern  man.  One  man  from  the  north,  a 
man  of  capital,  who  employed  large  numbers  of  freedmen,  and  paid  them  regularly,  told  me, 
as  others  have,  that  he  desired  no  better  laborers  ;  that  he  considered  them  fully  as  easy  to 
manage  as  Irish  laborers.  That  was  my  own  experience  in  employing  several  thousands  of 
them  in  cultivating  the  soil.  I  have  also  had  considerable  experience  in  employing  white 
labor,  having,  as  quartermaster,  frequently  had  large  numbers  of  laborers  under  my  control. 

Question.  If  the  negro  is  put  in  possession  of  all  his  rights  as  a  man,  do  you  apprehend 
any  danger  of  insurrection  among  them  ? 

Answer.  I  do  not ;  and  I  think  that  is  the  only  thing  which  will  prevent  difficulty.  I 
think  if  the  negro  is  put  in  possession  of  all  his  rights  as  a  citizen  and  as  a  man,  he  will  be 
as  peaceful,  orderly,  and  self-sustaining  as  any  other  man  or  class  of  men,  and  that  he  will 
rapidly  advance  in  the  scale  of  civilization. 

Question.  It  has  been  suggested  that,  if  the  negro  is  allowed  to  vote,  he  will  be  likely  to 
vote  on  the  side  of  his  former  master,  and  be  inveigled  in  the  support  of  a  policy  hostile 
to  the  government  of  the  United  States  ;  do  you  share  in  that  apprehension  ? 

Answer.  I  have  positive  information  from  negroes,  from  the  most  intelligent  freedmen  in 
those  States,  those  who  are  leaders  among  them,  that  they  are  thoroughly  loyal,  and  know 


102  RECONSTRUCTION  ' 

their  friends,  and  they  will  never  be  found  voting  on  the  side  of  oppression.  I  think  all  their 
instincts,  that  is,  of  all  the  intelligent  ones,  are  on  the  side  of  the  Union  ;  and  there  are  in 
telligent  ones  among  them  who  will  instinct  the  others  how  they  should  vote.  I  think  it 
vital  to  the  safety  and  prosperity  of  the  two  races  in  the  south  that  the  negro  should  imme 
diately  be  put  in  possession  of  all  his  rights  as  a  man  ;  and  that  the  word  "color"  should 
be  left  out  of  all  laws,  constitutions,  and  regulations  for  the  people ;  I  think  it  vital  to  the 
safety  of  the  Union  that  this  should  be  done. 

Question.  What,  in  your  judgment,  would  be  the  effect  of  withdrawing  the  military  and 
the  Freedmen's  Bureau  from  those  States,  and  leaving  the  freedmen  of  the  south  to  the 
legislation  and  rule  of  the  white  population  ? 

Answer.  I  think  the  result  of  such  a  policy  as  that  would  be  fearful  to  contemplate.  I 
fear  it  would  lead  to  an  insurrection,  and  to  a  war  of  races.  I  think  the  only  way  in  which 
the  two  races  can  live  together  in  peace  and  prosperity  is  by  giving  the  black  race  the  same 
political  rights  that  the  whites  enjoy. 

Question.  What  reason,  if  any,  have  you  for  supposing  that  the  black  people  will  not 
submit  quietly  to  the  control  and  authority  of  the  white  race  ? 

Answer.  I  have  it  from  conversations  with  intelligent  freedrnen,  men  of  thought  and  in 
telligence,  who  have  told  rne  so,  and  it  is  the  result  of  all  my  experience  of  nearly  four  years 
with  those  people.  I  know  there  is  the  strongest  desire  on  the  part  of  the  freedmen  to  secure 
arms,  revolvers  particularly,  and  I  believe  it  is  for  future  operations  ;  and  I  believe  if  justice 
is  not  done  them  they  will  eventually  attempt  to  obtain  it  for  themselves.  I  will  tell  you 
what  the  leader  of  the  colored  Union  league  and  other  colored  men  in  Charleston  said  to  me : 
they  said  that  they  feared  they  could  not  much  longer  control  the  freedmen  if  1  left  Charles 
ton,  i  do  not  recollect  their  exact  words,  but  the  substance  was,  that  they  feared  the  freed 
men  would  attempt  to  take  their  cause  into  their  own  hands.  My  counsels  to  them  were  to 
heed  the  lesson  which  the  war  had  taught,  never  to  act  against  the  government,  but  always 
to  support  it,  and  trust  to  it  to  see  that  they  had  all  their  rights  as  free  men  ;  and  I  believe 
that  my  teachings  and  counsels  to  them,  in  this  respect,  had  great  influence  in  keeping  them 
quiet. 

Question.  Do  you  know  whether  or  not  there  was  any  foundation  for  the  apprehensions 
expressed  by  the  white  people  of  the  south  in  regard  to  an  insurrection  of  the  negroes  about 
Christmas  time  ? 

Answer.  I  do  not ;  but  I  think  all  such  apprehensions  were  utterly  groundless.  I  think 
the  rumor  was  intended  for  the  purpose  of  injuring  the  freedmen.  I  believe  that  unless  the 
freedmen  are  oppressed  there  is  not  the  slightest  danger  of  an  insurrection  among  them.  I 
do  not  think  there  was  any  danger  of  an  insurrection  among  the  blacks  while  they  were 
slaves  ;  but  now  they  have  had  a  taste  of  liberty,  many  of  them  have  learned  the  use  of 
arms  by  service  in  our  armies,  and  it  is  this  feeling  of  a  desire  to  protect  themselves  which 
they  now  have  which  makes  it  so  dangerous  to  pursue  an  unjust  policy  towards  them.  It 
will  be  far  safer  for  the  south  to  give  the  freedmeu  all  their  rights  as  citizens  and  men. 

Question.  Are  the  mass  of  the  adult  males  among  the  freedmen  sufficiently  intelligent  to 
comprehend  the  leading  questions  of  public  policy,  especially  those  questions  which  relate 
to  the  preservation  of  the  Union? 

Answer.  I  think  many  of  them  are ;  but  of  course  the  majority,  having  been  slaves  so 
long,  and  being  uneducated,  cannot  yet  fully  comprehend  those  questions.  But  I  believe  there 
arelntelligent  men  among  them  who  would  lead  them  and  guide  them  in  such  a  way  that 
there  would  be  no  danger  in  giving  them  all  their  rights  as  citizens. 

Question.  What  is  the  disposition  among  the  negroes  in  regard  to  acquiring  knowledge 
and  education? 

Answer.  They  have  an  intense  desire  to  learn  to  read  and  write.  They  crowd  all  the 
schools  that  are  established  for  their  education  by  the  beuevok-nt  people  of  the  north.  There 
are  many  night  schools  for  adults,  in  which  they  make  creditable  progress  in  reading  and 
writing.  1  have  here  a  petition  signed  by  several  hundred  freedmeu  asking  that  they  may  be 
allowed  the  rights  of  citizenship.  They  are  freedmeu  who  were  in  my  district  under  my 
charge.  There  are  many  who  signed  with  a  mark,  but  there  are  a  great  many  names  signed 
by  the  parties  themselves,  and  I  am  assured  that  the  most  of  them  have  learned  to  write 
since  the  war.  Some  of  them  may  have  known  how  to  write  before.  You  will  observe, 
upon  examining  the  signatures,  that  they  must  have  been  made  by  men  who  have  not  long 
known  how  to  write,  and  the  similarity  of  writing  is  like  what  is  seen  in  persons  taught  by 
the  same  teacher.  And  there  is  another  thing  to  be  noticed  :  having  no  names  as  slaves  but 
]>ub,  Jim,  Sam,  &c.,  they  have  adopted  such  names  for  themselves  as  happened  to  strike 
their  fancy. 


WASHINGTON,  D.  C.,  February  21,  1866. 
Miss  Clara  Barton  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Of  what  State  are  you  a  native? 
Answer.  I  am  a  native  of  Massachusetts. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  103 

Question.  Were  you  raised  and  educated  there  ? 

Answer.  I  was;  in  Worcester  county,  Massachusetts. 

Question.  What  has  been  your  employment  during  the  last  year? 

Answer.  I  have,  been  searching  for  the  missing  men  of  the  Union  army. 

Question.  Where  have  you  been  engaged  in  that  business  ? 

Answer.  1  have  been  engaged  in  it  nere  in  Washington. 

Question.  Where  else? 

Answer.  Nowhere  else  in  that  business.  That  business  has  led  to  other  matters  which 
have  called  me  away. 

Question.  State  where  else  you  have  been,  and  in  what  you  have  been  engaged. 

Answer.  I  commenced  to  search  in  the  spring  of  1865.  In  the  latter  part  of  June,  1865, 
I  formed  the  acquaintance  of  a  young  man  who  had  been  a  prisoner  at  Andersonville,  and 
who  had  brought  away  the  death  record  of  that  prison.  He  requested  an  interview,  and, 
on  giving  it,  I  learned  from  him  how  the  dead  were  buried  in  Andersonville,  and  I  became 
satisfied  that  it  was  possible  to  identify  them.  I  carried  the  question  before  General  Hoff 
man,  who,  with  the  assistance,  I  think,  of-  the  Assistant  Secretary  of  War,  laid  it  before  the 
Secretary,  Mr.  Stanton,  who  sent  for  me  to  come  to  him  the  next  day.  I  did  so,  and  stated 
to  him  my  impressions,  requesting  that  parties  be  sent  out  to  identify  the  graves  at  Ander- 
souville,  and  to  mark  them.  He  declared  his  gratitude  even  at  the  suggestion,  all  having 
thought  it  impossible ;  stated  that  an  expedition  should  be  started  immediately,  and  that  he 
would  select  some  officer  for  the  purpose,  and  he  invited  me  to  accompany  it.  We  were 
ready  in  a  week,  and  on  the  8th  of  July  we  left  Washington.  I  requested  that  the  young 
man  should  also  go  with  the  party  to  identify  the  graves.  We  reached  Andersonville,  Geor 
gia,  on  the  25th  of  July,  and  very  soon  the  colored  people  there  commenced  to  gather  about 
me. 

Question.  What  did  you  discover  in  relation  to  the  colored  people  ? 

Answer.  I  discovered  that  they  were  in  a  state  of  ignorance,  generally,  at  that  time  of  their  ' 
own  condition  as  freed  men.  Some  of  them  knew  it.  They  all,  of  course,  mistrusted  it. 
They  had  all  heard  it  from  one  another.  A  few  knew  it  from  their  masters,  and  only  a  few ; 
and  what  they  did  hear  they  had  very  little  confidence  to  believe.  Hearing  that  a  party  of 
Yankees,  and  especially  a  Yankee  lady,  was  there,  they  commenced  to  gather  around  me 
for  the  facts,  asking  me  their  little  questions  in  their  own  way,  which  was  to  the  effect,  if 
they  were  free,  and  if  Abraham  T.incoln  was  really  dead.  They  had  been  told  that  he  was 
dead;  that  he  had  been  killed  ;  but  at  the  same  time  they  had  been  informed  that,  now  that 
he  was  dead,  they  were  no  longer  free,  but  would  be  all  slaves  again ;  and  with  that  had 
come  the  suspicion,  on  their  part,  that  he  was  not  dead,  but  that  it  was  a  hoax  to  hold  them 
in  slavery.  They  would  travel  twenty  miles  in  the  night,  after  their  day's  work  was  done, 
and  I  would  find  them  standing  in  front  of  my  tent  in  the  morning  to  hear  me  say  whether 
it  was  true  that  Abraham  Lincoln  was  dead,  and  that  they  were  free.  I  told  them  Abraham 
Lincoln  was  dead ;  that  I  saw  him  dead  ;  that  I  was  near  him  when  he  died ;  and  that  they 
were  free  as  I  was.  The  next  question  was,  what  they  should  do.  There  were  questions  be 
tween  the  negro  and  his  master  in  regard  to  labor  and  in  regard  to  pay.  I  saw  or  discovered 
that  the  masters  were  inclined  to  get  their  labor  without  pay.  Of  course  I  had  no  way  of 
proving  that,  but  I  inferred  it.  They  were  at  work.  Most  of  them  offered  to  work  until 
Christmas  time,  and  to  take  a  part  of  the  profits.  General  Saxton,  I  should  think,  made 
some  regulation  specifying  just  what  portion  of  each  crop  the  negroes  should  have.  They 
were  all  very  anxious  to  hear  the  rules  read.  The  commandant  of  each  post  had  issued  cer 
tain  rules  and  regulations.  These  they  had  never  heard  read,  and  they  came  to  me  to  know 
what  the  paper  said.  The  rules  were  published  daily  in  the  Macon  papers.  They  said  they 
had  been  told  that  General  Wilson's  orders  said  that  they  should  work  six  days  in  the  week 
hard,  and  half  a  day  on  Sunday.  They  wanted  to  know  if  it  was  so.  My  course  with  them 
was  to  read  General  Wilson's  paper,  as  they  called  it.  I  have  read  it  through  sometimes 
forty  times  a  day.  They  stood  around  my  tent  in  great  numbers  on  a  Sunday ;  more  than  a 
hundred,  men,  women,  and  children,  and  every  day  more  or  less.'  Perhaps  there  were  very 
few  hours  that  I  was  not  engaged  in  advising  them,  and  attempting  to  decide  some  causes 
for  them. 

Question.  Did  General  Wilson's  order  contain  such  a  thing  as  that  ? 

Answer.  Oh,  no,  sir;  General  Wilson's  order  was  protective  of  them  in  its  character. 
The  order  was  good,  and  the  best  of  it  was  that  they  could  understand  it.  When  it  was  read 
to  them  they  never  failed  to  comprehend  the  most  important  parts  of  it.  It  was  well  drawn. 
I  found  that,  if  it  had  been  read  to  them  properly  by  their  owners  or  masters,  they  would 
have  understood  it ;  for,  as  I  read  along  to  them,  I  would  ask  if  they  understood  that ;  "Oh, 
yes,"  they  would  say,  "we  understand  that."  Then  I  would  read  another  passage,  and 
ask  them  if  they  understood  that ;  "  Oh,  yes."  "  What  do  you  understand  by  it  ?"  They 
would  put  it  in  their  own  terms,  and  I  saw  that  they  understood  it.  1 

Question.  Did  they  pretend  to  you  that  their  old  masters  had  given  that  peculiar  version  oi 
General  Wilson's  order — that  they  should  work  six  days  iu  the  week  hard  and  half  a  day  a 
Sunday  ? 

Answer.  In  many  instances  they  gave  me  that  impression.  They  told  me  that  in  so  many 
words,  and  said  that  they  had  been  told  so  by  the  men  for  whom  they  worked.  Some  of  them 


104  RECONSTRUCTION. 

were  not  with  their  old  masters,  but  were  hired  out,  as  they  called  it,  to  other  parties ;  but 
that  was  the  impression  they  were  under.  Of  course  they  became  relieved  when  they  heard 
the  order  and  understood  it.  Sometimes  they  came  with  complaints  of  cruelty.  I  never  found 
myself,  perhaps,  fully  drawn  out,  excepting  in  one  instance  of  fearful  cruelty.  They  came 
with  a  great  many  little  complaints.  I  could  understand  how  that  state  of  things  would 
naturally  create  jealousy  on  the  part  of  owners,  and  perhaps  make  the  negro  more  or  less 
unmanageable,  and  perhaps  impudent.  Of  these  little  things  I  took  no  notice,  for  I  thought 
them  natural.  I  simply  advised  them  always  to  go  back,  for  their  own  interest,  and  to  work 
faithfully  until  Christmas,  and  to  take  their  part  of  the  crop,  as  I  could  see  there  was  no 
money  for  them.  I  think  they  never  failed  to  follow  my  advice.  I  know  of  no  instance  where 
a  negro  went  away  whom  I  advised  to  return.  On  the  7th  ot  August  I  was  awoke  in  the 
morning  by  our  colored  cook  coming  to  my  tent  and  saying  that  a  man  wished  to  see  me. 
Immediately  opposite  my  tent  there  was  a  colored  man — a  good-looking  man,  intelligent  and 
bright  faced  ;  a  yellow  man,  about  a  mulatto,  I  should  think.  He  told  me  his  name  was  Ar 
nold  Cater;  that  he  had  been  born  and  raised  as  a  house  servant  with  Governor  William  Ra- 
bon,  of  Georgia ;  that  he  had  been  a  few  years  ago  sold  to  pay  the  debts  of  the  family  ;  that 
he  was  then  (at  the  time  I  saw  him)  forty-five  years  old ;  that  when  he  was  sold  he  was  sep 
arated  from  his  wife  and  five  children ;  and  that  he  was  purchased  by  speculators  and  taken 
to  southwestern  Georgia.  Perhaps  I  ought  to  state  how  the  negroes  came  into  southwestern 
Georgia.  It  is  a  poor  section  of  the  country,  and  the  people  there  have  been  poor.  They  have 
been  emphatically  "poor  whites."  They  were  not  wealthy  enough  to  own  slaves.  They  did 
their  own  work.  But  when  the  border  States  found  it  politic  to  sell  their  slaves,  they  sold 
them  at  a  lesser  price  to  speculators,  who  found  it  to  their  interest  to  purchase  them  and  to 
run  them  into  southwestern  Georgia,  and  put  them  at  a  price  at  which  these  poor  people  could 
buy  them,  so  that  every  poor  man  bought  one  or  two  slaves,  as  he  could  afford  it,  just  as  he 
would  buy  an  ox  or  a  cow.  They  kept  them  in  their  families  and  worked  them  like  cattle. 
The  slaves  had  no  respect  for  their  masters.  The  slaves  have  no  respect  for  a  poor  man  who 
owns  them.  They  all  seemed  to  apologize  when  they  were  asked  where  they  came  from. 
They  would  say,  "  We  were  not  raised  here."  They  all  dated  back  to  better  days.  They  had 
been  all  raised  in  wealthy  families  in  Virginia  or  South  Carolina.  This  man  that  I  have 
been  speaking  of  had  been  taken  away  from  his  wife  and  five  children,  taken  to  southwestern 
Georgia,  and  sold  to  one  Nick  Wylie.  Nick  Wylie  had  a  large  number  of  slaves.  During 
the  years  of  the  war  he  had  not  been  on  his  own  plantation,  but  some  two  hundred  miles 
away,  perhaps  in  the  service ;  I  do  not  know.  He  had  an  overseer  by  the  name  of  Jim  Bird, 
who  must  have  been  the  personification  of  cruelty.  This  negro  told  me  that  some  two  years 
before,  he  married,  after  their  style  of  marrying,  a  young  woman  about  eighteen  years  old, 
who  was  a  slave  on  the  Wylie  plantation.  They  had  one  child,  who  was  then  a  little  over 
one  year  old.  This  man  was  a  blacksmith.  While  he  was  at  work,  a  few  days  before,  his 
wife  had  proved  unable  to  do  the  task  of  spinning  which  was  given  her.  She  was  again 
within  two  months  of  her  confinement,  and  was  unable  to  do  her  task.  She  Complained  that 
she  could  not  do  it,  and  failed  by  a  knot  or  two,  as  their  term  was,  of  completing  it.  When 
he  came  home  at  night  from  his  day's  work  he  found  her  lying  in  her  hut.  She  had  been 
bucked  and  gagged. 

Question.  Describe  the  process. 

Answer.  The  person  is  seated  upon  the  ground,  the  knees  drawn  up,  the  hands  put  under 
the  knees,  and  a  stick  run  through  over  the  arms  and  under  the  knees,  the  hands  being  tied 
in  front ;  that  makes  them  utterly  immovable  ;  then  there  is  a  gag  put  in  the  mouth  and 
tied  at  the  back  of  the  head — this  woman  had  been  treated  in  that  way — then  the  overseer 
had  come  behind  her,  kicked  her  on  the  back,  and  thrown  her  over.  She  had  been  stripped 
in  the  mean  time,  for  they  never  whip  the  negro  with  the  clothes  on  ;  she  was  thrown  on  her 
face,  and  lashed  on  her  back,  so  that,  when  her  husband  found  her,  he  said  she  was  a  gore 
of  blood,  and  she  must  have  been ;  she  had  been  untied,  and  was  lying  there  as  she  had 
been  left.  He  did  not  tell  me  that  he  remonstrated  very  much;  I  suppose  he  dared  not. 
Next  day  the  woman  was  ordered  again  to  her  task ;  she  was  utterly  unable  to  do  it,  and 
scarcely  able  to  stand  ;  she  bought  all  the  yarn  she  could  to  try  and  make  up  the  eight  knots 
that  she  had  to  turn  in  ;  she  failed  to  get  quite  enough,  failing  by  a  knot,  or  half  a  knot. 
The  overseer  sent  to  her  the  next  night,  when  her  task  was  counted,  and  she  had  failed 
again,  ordering  her  to  come  to  him  the  next  morning  at  seven  o'clock,  as  he  was  going  to 
whip  her ;  that  he  had  not  whipped  her  yet,  but  should  do  so  the  next  morning.  Arnold 
then  had  no  way  but  to  gather  up  his  wife,  walking  as  well  as  she  could;  and,  after  night 
time,  they  started  for  Americus,  twelve  miles  below  Andersonville.  They  were  some  twenty 
miles  in  the  country  from  Americus ;  they  dared  not  take  the  direct  road,  for  they  knew  that 
the  overseer  would  mistrust  that  they  had  gone  to  Americus,  and  would  overtake  them ;  they, 
therefore,  went  around,  travelling  some  thirty  or  forty  miles.  After  two  days  they  reached 
Americus  by  a  circuitous  route.  The  overseer  had  been  there,  and  had  warned  the  military 
authorities  that  he  had  two  runaway  slaves,  a  man  and  a  woman,  who  were  coming  there, 
and  he  wanted  them  returned.  I  think  he  stated  he  had  punished  them.  They  went  into 
Americus  without  going  direct  to  the  military  authorities ;  but  the  people  saw  them,  and  saw 
that  she  was  lame  and  hurt,  and  took  her  in  somewhere.  He  went  to  work  for  people  there 
at  blacksmithing  at  a  dollar  a  day.  He  heard  of  me  at  Andersonville,  and  he  thought  to 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  105 

reach  me  there ;  he  heard  there  was  a  settlement  of  Yankees  forming  at  Andersonville  :  he 
started  with  his  wife,  for,  after  being  a  week  there,  she  had  got  a  little  better.  He  had  been 
paid  for  his  work  in  confederate  money,  and,  when  he  found  himself  on  the  train,  the  con 
ductor  would  not  take  that  money,  and  put  them  both  off.  He  left  the  wife  at  Arnericus, 
came  to  me  at  Andersonville,  and  told  his  story.  I  wrote  immediately  to  the  commandant  at 
Americus,  stating  the  case  to  him,  and  asking  him  to  send  a  sergeant  and  wagon,  or  team  of 
some  kind,  with  that  man  back  to  Nick  Wylie's  to  get  whatever  he  had  left— (he  spoke  of 
having  left  chickens,  furniture,  bed  and  bedding,  and  the  baby  which  he  had  been  obliged  to 
leave) — and  send  them  to  me.  He  took  the  note  to  the  commandant  at  Americus,  and  it  was 
done  as  I  requested.  Two  days  after,  the  whole  assemblage  drove  up  in  front  of  my  tent — 
Cater,  his  wife  and  the  baby,  the  chickens,  and  the  bed  and  bedding.  I  took  his  wife  into 
my  tent  and  examined  her  back ;  she  was  a  young,  bright-colored  woman,  a  little  darker 
than  he,  with  a  fair,  patient  face,  with  nothing  sulky  in  her  look;  I  found  across  her  back 
twelve  lashes  or  gashes,  partly  healed  and  partly  not,  some  of  them  cut  into  the  bone.  She 
must  have  been  whipped  with  a  lash  half  as  large  as  my  little  finger— it  may  have  been 
larger;  any  of  these  gashes  was  from  eight  to  ten  inches  in  length';  the  flesh  had  been  cut 
completely  out  most  of  the  way.  It  had  been  a  curling  whip ;  it  had  curled  around  her  arms, 
cut  out  inside  the  arm,  over  the  back,  and  the  same  on  the  other  side.  There  were  twelve  of 
those  long  lashes,  partly  healed  and  partly  not ;  she  could  not  bear  her  clothing  on  her  at 
that  time,  except  thrown  loosely  over  her  shoulders ;  she  had  got  strong  enough  so  as  to  be 
able  to  walk,  but  she  was  feeble,  and  must  have  been  unable  to  work  before  that  occurred ; 
she  was  in  no  condition  to  work. 

Question.  She  was  in  a  state  of  pregnancy,  then  ? 

Answer.  Yes,  sir;  that  was  the  difficulty.  She  was  one  who,  from  her  face,  would  never 
have  rebelled  against  labor  that  she  could  have  done  ;  of  that  I  am  satisfied. 

Question.  Do  you  know  what  became  of  her? 

Answer.  I  referred  them  to  Colonel  Griffin,  then  in  charge  at  Andersonville.  The  colonel 
put  Cater  to  work  at  his  trade  as  a  blacksmith,  and  gave  them  a  house  to  live  in.  I  would 
have  taken  them  away  with  me  if  I  could ;  but  it  was  impossible,  and  I  left  them  there 
working  for  Colonel  Griffin,  he  at  his  trade  and  she  as  a  waiting  girl. 

Question.  From  your  intercourse  with  the  people  there  did  you  learn  that  treatment  simi 
lar  to  that  was  of  frequent  occurrence  among  the  slaveholders  ? 

Answer.  I  should  judge  that  it  was  not  an  uncommon  thing.  That  was  all  that  I  ob 
served  myself.  How  far  they  would  be  inclined  to  exaggerate  I  cannot  say.  They  might 
magnify  their  wrongs ;  but  they  told  me  a  great  deal  of  them.  I  believed  what  I  saw.  I 
knew  what  I  saw. 

Question.  When  did  you  leave  that  part  of  the  country  to  come  back  ? 

Answer.  I  left  on  the  25th  of  August,  I  think,  and  came  back  to  Washington  through 
Chattanooga  and  the  west. 

Question.  What  did  you  discover  to  be  the  feeling  among  the  whites  in  Georgia,  where 
you  visited,  toward  the  government  of  the  United  States  and  toward  the  loyal  people  of  the 
United  States  ? 

Answer.  I  should  suppose  that  in  no  instance  was  I  able  to  get  at  their  real  feelings. 
They  would  be  less  likely  to  show  their  real  feeling  to  me  than  to  almost  any  other  person. 
That  was  shortly  after  the  arrest  of  Wirz,  and  the  impression  was  general  when  I  went 
there  that  I  went  to  make  observations  with  reference  to  further  arrests.  The  women,  sup 
posing  that  I,  a  woman,  had  come  to  look  after  the  women  in  particular,  commenced  to  call 
upon  me  the  first  day  of  my  arrival.  I  speak  of  the  white  women  who  had  lived  in  the 
neighborhood  during  the  time  of  its  occupation  as  a  prison.  They  appeared  to  associate 
together  in  threes  and  fours,  and  came  to  call  upon  me  very  neighborly,  very  bland,  all 
taking  the  utmost  pains  to  assure  me  that  they  had  no  part  nor  lot  in  the  treatment  of  our 
prisoners,  but  throwing  it  back  upon  Winder,  who  was  dead  and  in  his  grave.  They  all 
appeared  willing  enough  to  save  Wirz.  They,  of  course,  would  all  have  done  better,  and  they 
did  not  think  that  Captain  Wirz  was  bad  at  heart,  but  that  he  was  ordered  to  do  all  those 
things  by  Winder.  They  wanted  to  screen  Wirz,  because  if  they  could  get  the  matter  to 
stop  inside  of  him,  that  was  the  last  would  be  heard  of  it — there  was  no  going  over  that ; 
but  if  it  went  over  him,  there  was  no  knowing  how  far  it  would  go.  So  they  screened  every 
body  but  Winder,  and  themselves  they  made  immaculate.  They  were  all  willing  to  admit 
that  the  greatest  atrocities  had  been  committed  on  the  prisoners,  and  that  they  had  been 
shocked  at  the  sight.  They  were  ready  to  admit  everything  that  we  had  ever  thought  of. 
They  did  not  think,  however,  that  Mr.  Davis  knew  anything  about  it;  but  you  would  have 
supposed,  to  have  heard  them  talk,  that  old  General  Winder  was  answerable  for  every  crime 
and  inhumanity  ever  committed  in  the  confederacy;  and  he,  fortunately,  was  dead,  and  no 
harm  could  be  done  to  him.  They  centred  everything  there.  There  was  every  reason  why 
none  of  them  should  tell  me  the  truth,  and  there  was  a  strong  personal  reason  why  they 
should  falsify  to  me,  and  I  took  it  so.  They  were,  as  I  saw,  "making  friends  of  the  mam 
mon  of  unrighteousness."  I  read  at  once  what  their  standing  was,  and  what  their  fears 
were.  So  I  have  no  idea  that  I  got  any  truthful  expressions  from  white  people  there.. 

Question.   Did  you  examine  the  prison  ground  at  Audersonville  ? 

Answer.  I  did,  very  thoroughly,  every  inch  of  ground  used. 


106  RECONSTRUCTION.      ' 

Question.  Of  course  you  found  it  difficult  to  discover  any  trace  of  the  barbarities  practiced 
there  ? 

Answer.  Of  course  there  were  no  prisoners  there  then  :  but  the  appearance  of  the  whole 
ground  was  sufficient  evidence,  considering  the  number  of  prisoners  who  had  been  there. 
All  spoke  of  inhumanity.  It  was  impossible  that  that  number  of  men  could  be  kept  within 
the  enclosure  without  the  most  intense  suffering. 

Question.  Was  the  enclosure  standing  when  you  were  there  ? 

Answer.  Yes,  sir.  It  is  a  stockade  formed  of  pine  trees  twenty  feet  long,  and  from  a  foot 
to  a  foot  and  a  half  through,  set  five  or  six  feet  in  the  ground,  close  together,  and  pointed  at 
the  top. 

Question.  What  was  the  area  of  the  enclosure  ? 

Answer.  From  twenty-five  to  twenty-seven  acres,  more  or  less.  It  had  been  much  less  at 
one  time.  It  was  originally  only  eleven  acres.  They  had  got  some  thirty  thousand  men 
within  that  eleven  acres.  But  they  found  it  impossible,  as  prisoners  were  constantly  sent 
there,  to  keep  them  in  that  space,  and  the  stockade  was  increased  to  the  size  that  they  called 
twenty-seven  acres/  I  had  it  measured  while  I  was  there,  and  I  made  it  some  twenty-five  or 
twenty-six  acres. 

Question.  Do  you  know  how  many  prisoners  they  had  there  at  any  one  time  durino-  the 
war? 

Answer.  From  thirty  to  thirty-four  thousand. 

Question.  How  was  the  enclosure  provided  with  water  ? 

Answer.  A  slow,  small,  sluggish  stream  runs  through  nearly  the  centre  of  it.  The  ground 
was  unbroken  woods  when  they  commenced  to  enclose  it.  Two  round  hills  are  close  to 
gether,  and  between  them  runs  a  little  brook  formed  of  springs,  for  the  whole  laud  there  is 
springy,  and  wherever  two  hills  meet  anywhere  in  that  country  a  brook  runs  between  them. 
A  little  stream  like  that  ran  between  these  two  hills.  As  I  saw  it  in  the  summer,  one  could 
almost  have  walked  through  it  with  common  high  shoes  without  wetting  the  feet.  Still 
with  a  rain  it  rose  very  rapidly.  This  stream  ran  through  from  west  to  east,  and  at  the  head 
of  it,  just  outside  the  stockade,  they  placed  the  cook-house  and  bake-house  for  the  prisoners, 
for  the  guards,  and  for  all.  Every  impurity  from  both  these  houses  that  was  thrown  out 
washed  directly  into  the  stream  and  went  immediately  into  the  stockade,  and  that  was  all  the 
water  the  prisoners  had  to  use.  1  saw  grease  and  refuse  matter  still  adhering  to  the  roots  of 
the  coarse  grass  which  grew  upon  the  banks,  which  had  run  down  and  lodged  there  at  the 
time.  This  was  some  months  after,  and  I  can  judge  from  that  what  it  must  have  been. 

Question.  You  say  the  current  was  sluggish— slow  ? 

Answer.  Very  slow. 

Question.  Was  the  ground  along  the  immediate  banks  of  that  stream  muddy  and  loose,  or 
hard  ? 

Answer.  It  is  the  red  clay  which  is  so  changeable  in  its  nature.  It  was  very  hard  in  dry- 
weather,  almost  as  a  rock,  but  still  the  least  rain  softened  it ;  it  became  soft,  slippery,  deep, 
and  washed  and  gullied  to  almost  any  depth. 

Question.  Was  that  the  character  of  the  soil  in  all  the  lot  ? 

Answer.  Yes,  sir. 

Question.  What  contrivances  had  there  been  there  for  the  protection  of  the  prisoners  from 
the  rain,  the  sun,  and  the  storms  ? 

Answer.  There  were  a  few  sheds,  with  simply  a  covering  over  the  tops,  but  no  sides,  on 
the  top  of  either  hill ;  but  I  have  been  told  by  prisoners  that  at  first  there  were  none  of  them, 
and  that  the  last  five  sheds  (five  on  one  end  and  five  on  the  other)  were  only  erected  a  few 
weeks  before  the  stockade  was  abandoned.  I  may  almost  say  that  there  was  no  protection. 
Some  of  the  men  had  blankets  and  some  of  them  had  the  little  shelter  tent.  They  put  these 
together  as  well  as  they  could  and  gathered  under  them ;  there  was  no  other  protection. 

Question.  Were  there  no  other  means  of  procuring  water  for  the  prisoners  except  from 
those  springs  ? 

Answer.  Yes,  sir;  Sweet  Water  creek,  which  is  fifteen  feet  wide  and  three  feet  deep,  runs 
within  pistol  shot  of  what  was  the  old  hospital. 

Question.  How  near  to  the  enclosure  ? 

Answer.  The  old  hospital  was  just  outside  of  the  enclosure,  at  the  south  end  of  the  stock 
ade. 

Question.  Did  you  understand  whether  the  prisoners  were  or  were  not  allowed  to  procure 
fresh  water  from  Sweet  Water  creek  ? 

Answer.  Oh,  they  could  not  have  procured  it. 

Question.  Do  you  know  whether  they  were  permitted  ? 


Answer.  They  were  not  permitted  to  go  outside  of  the  stockade. 
Question.  Why  did  not  their  keepers  allow  them  to 


keepers  allow  them  to  procure  fresh  water  on  Sweet  Water 
creek  ? 

Answer.  That  is  a  matter  about  which  I  am  not  informed.  I  can  only  speak  of  the  proba 
bilities.  It  is  probable  that  the  old  hospital  may  have  had  such  an  arrangement ;  but  the 
prisoners  within  the  stockade,  I  should  think,  could  not  have. 

Question.  Were  the  prisoners  in  any  way,  either  by  themselves  or  keepers,  supplied  with 
water  from  Sweet  Water  creek,  or  from  any  other  source  ? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  107 

Answer.  That  is  a  question  which  I  cannot  answer,  and  must  not  attempt ;  but  I  can  send 
to  you  a  person  who  does  know,  who  was  a  prisoner  all  the  time,  and  who  can  answer  the 
question. 

Question.  Did  they  bury  any  of  the  dead  within  the  enclosure  ? 

Answer.  There  was  one  grave  marked,  one  spot  of  earth  against  which  there  was  a  board 
which  showed  that  a  man  was  buried  there.  That  was  all  that  I  saw. 

Question.  Where  were  the  dead  buried  ? 

Answer.  They  were  buried  from  three  to  four  hundred  yards  from  the  stockade,  in  a  piece 
of  ground  which  had  formerly  been  an  old  church-yard  in  olden  times ;  that  is  the  present 
cemetery. 

Question.  Describe  as  well  as  you  can  the  mode  of  their  burial. 

Answer.  They  were  buried  in  trenches,  from  ]00  to  150  feet  in  length. 

Question.  How  deep  were  the  trenches  ? 

Answer.  We  could  not  see,  as  no  trench  was  opened  while  we  were  there;  but  I  suppose 
they  were  sufficiently  deep  for  the  comfort  and  safety  of  the  persons  who  were  about  there, 
for  there  were  three  thousand  rebel  guards  there.  I  presume  the  bodies  wrere  buried  suffi 
ciently  deep  for  practical  purposes. 

Question.  Can  you  state,  from  credible  information,  what  was  probably  the  number  ol 
prisoners  who  died  there  and  were  buried  ? 

Answer.  There  are  12,920,  as  near  as  I  can  estimate  it,  whose  graves  are  marked  in  some 
way,  and  we  know  of  no  ethers ;  we  have  no  trace  of  any  more ;  they  lack  a  few  of  13,000, 
and  we  have  no  knowledge  of  there  being  any  more  there. 

Question.  Was  the  monster  Winder  there  during  the  whole  time  until  the  stockade  was 
taken  possession  of  by  the  Union  troops  ? 

Answer.  I  cannot  say  at  what  time  he  left ;  they  pointed  out  quarters  to  me  which  they 
said  had  been  his  residence. 

Question.  Were  the  dead  buried  in  any  other  place  except  this  old  church-yard  ? 

Answer.  Only  such  as  died  of  small-pox.  Half  a  mile  from  there  they  had  a  small-pox 
hospital  and  buryiug-ground. 

Question.  Part  of  your  mission  there  was  to  identify  the  dead  ? 

Answer.  Yes. 

Question.  How  did  you  identify  them? 

Answer.  There  was  a  numbered  board  placed  at  the  heads  of  the  men  as  they  lay  in  the 
trenches. 

Question.  Simply  numbered  ? 

Answer.  Yes,  sir ;  the  trench  was  dug  continuously,  and  as  the  men  were  carried  out  from 
the  hospital  a  paper  was  pinned  on  the  breast  of  each,  specifying  his  name,  company,  and 
regiment.  Space  was  only  allowed  for  the  body,  the  arms-  being  laid  over  it.  As  the  body 
was  laid  in,  the  paper  was  taken  off  and  placed  in  the  hands  of  a  man  whose  business  it  was 
to  receive  it  and  keep  it  carefully,  putting  it  in  its  regular  order  after  the  one  that  came  be 
fore,  never  changing  its  position,  and  so  on  till  all  were  laid  in  for  the  day  and  covered  up. 
Then  he  went  with  the  papers  to  the  young  man  who  kept  the  death  register  and  laid  them 
down,  face  downwards,  in  which  order  they  were  registered  in  the  book  and  numbered.  Then 
the  board  was  numbered  corresponding  with  those  numbers,  and  they  were  placed  in  regular 
order  in  the  cemeteiy. 

Question.  So  that  the  identification  would  depend  upon  the  accuracy  of  the  correspondence 
between  the  number  given  to  the  clerk  and  the  number  on  the  board  at  the  head  of  the  dead 
body  ? 

Answer    Yes,  sir. 

Question.  Thus  leaving  it  very  liable  to  mistake  ? 

Answer.  Oh,  yes,  sir ;  there  would  be  liabilities  to  mistakes.  Still  the  matter  was  in  the 
hands  of  our  own  men.  The  dead  were  all  buried  by  our  own  men,  and  they  have  assured 
me  that  they  always  took  the  utmost  pains  to  be  correct.  It  was  the  young  man  who  kept 
the  register  from  whom  I  gathered  this  information.  He  assured  me  that  he  believed  the  ut 
most  pains  were  always  taken,  and  that,  so  far  as  he  was  concerned,  he  knew  that  he  had 
been  tree  from  mistakes.  He  had  been  faithful,  and  he  believed  that  the  others  had  been  so, 
for  it  had  been  always  in  their  minds  to  keep  the  thing  correct.  The  dead  had  been  their  own 
comrades. 

Question.  Did  you  make  any  stay  in  South  Carolina? 

Answer.  No,  sir ;  we  passed  up  the  Savannah  river. 

Question.  Are  you  able  to  speak  of  the  condition  of  things  in-South  Carolina? 

Answer.  I  am  not  prepared  to. 

Question.  So  far  as  you  have  been  able  to  collect  information,  and  so  far  as  you  believe, 
what  is  the  state  of  feeling  on  the  part  of  secessionists  in  Georgia  towards  the  government  of 
the  United  States? 

Answer.  I  think  they  have  no  respect  for  it. 

Question.  How  do  they  feel  towards  the  freed  negroes? 

Answer.  I  think  far  less  kindly  than  when  they  owned  them  themselves. 

Question.  Would  they,  or  would  they  not,  if  they  had  the  power,  reduce  them  again  to 
slavery  ? 


108  RECONSTRUCTION. 

Answer.  That  I  cannot  say  ;  but  I  should  not  want  to  take  the  chances  of  being  a  slave 
there,  were  it  in  their  power. 

Question.  Is  there  any  other  fact  that  you  wish  to  state  ? 

Answer.  I  am  not  aware  of  any ;  I  think  not. 

Question.  How  did  you  find  the  feeling  of  the  blacks  towards  the  government  of  the  United 
States,  and  towards  the  loyal  people  ? 

Answer.  The  very  best  of  feeling— friendly,  full  of  confidence  in  the  United  States  gov 
ernment,  loving  the  northern  people. 

Question.  Did  you  meet,  with  any  blacks  during  your  journey  who  were  friendly  to  the 
rebel  cause? 

Answer.  I  cannot  say  that  I  did  meet  one ;  I  heard  no  black  person  express  himself  or  her 
self  in  that  way. 

Question.  How  did  the  blacks  tell  you  they  had  conducted  themselves  during  the  war  ? 

Answer.  They  said  they  had  been  "mity  fraid." 

Question.  Did  they  seem  to  understand  what  was  the  object  of  the  Avar,  or  what  was  to  be 
its  final  result  as  to  them  ? 

Answer.  They  began  to  comprehend  it.  I  think  they  understood  it.  I  think,  so  far  as 
their  intelligence  will  permit,  they  understand  it  as  clearly  to-day  as  we  do ;  they  now  <n-asp 
it  distinctly. 

Question.  Have  you  any  reason  to  suppose  that  there  were  secret  associations  among  the 
negroes  during  the  war,  or  before  the  war,  by  which  intelligence  was  communicated  from  one 
locality  to  another? 

Answer.  If  I  may  believe  what  they  say,  it  was  so ;  I  have  been  repeatedly  told  so.  They 
have,  in  their  crude  way,  attempted  to  describe  to  me  their  evening  meetings,  as  they  stole 
away  from  one  plantation  to  another,  previous  to  the  war,  and  during  the  war. 

Question.  You  have  had  a  good  deal  of  intercourse  with  the  blacks ;  what  is  your  idea 
about  their  capacity  to  acquire  knowledge  ?  Do  they  possess  a  capacity  equal  to  that  of  the 
whites,  generally  speaking? 

Answer.  In  their  present  condition  they  can  hardly  be  compared  w^ith  the  whites  ;  still,  to 
a  certain  extent  they  learn  as  easily,  as  readily.  I  do  not  think  that  their  reasoning  powers 
have  been  educated  up  to  a  standard  that  enables  them  to  grasp  subjects  which  whites  can 
grasp,  but  their  imitation  leads  them  to  acquire  many  things  as  readily  as  white  people  do. 

Question.  What  can  you  say  in  regard  to  their  general  truthfulness?  How,  in  that  re 
spect,  do  they  compare  with  white  people  in  a  similar  condition  of  life,  if  it  were  possible  to 
suppose  such  a  similarity? 

Answer.  They  have  been,  in  a  great  measure,  taught  to  speak  falsely  and  to  act  falsely. 

Question.  Taught  by  whom  ? 

Answer.  Their  very  condition  has  taught  them  that;  the  condition  of  slavery  teaches  false 
hood.  But  there  is  a  principle  of  religious  character  in  their  nature  which  holds  them  above 
white  people  of  as  low  a  grade.  They  are  more  religious,  but  the  nature  of  their  condition 
has  not  made  them  more  moral. 

Question.  Are  they  wanting  in  truthfulness  in  their  communications  with  one  another? 

Answer.  To  a  certain  extent  I  think  they  are;  but  not  more  so,  probably,  than  white  peo- 

?le  under  similar  circumstances — if  it  were  possible  to  imagine  them.     By  that  I  mean  that 
do  not  think  they  are  untruthful  because  they  were  created  negroes,  but  from  the  condition 
and  station  in  which  they  have  been  placed.     Naturally,  I  think  the  negro  not  less  moral, 
not  less  religious,  not  less  truthful  than  any  other  race,  only  as  his  condition  has  made  him  so. 


WASHINGTON,  D.  C.,  February  24,  J866. 
H.  S.  Welles  sworn  and  examined. 

By  Mr.  HOWARD  : 

Question.  Where  do  you  reside  ? 

Answer.  In  the  city  of  New  York  ;  I  have  lived  there  ten  years  or  more. 

Question.  Do  you  hold  any  office  ? 

Answer.  No,  sir  ;   I  never  did. 

Question.  Have  you  recently  visited  the  southern  States,  or  any  of  them? 

Answer.  Within  the  last  three  weeks  I  have  travelled  from  here  through  West  Virginia, 
East  Tennessee,  and  Georgia,  by  Atlanta,  Macon,  and  Milledgeville,  back  to  Augusta,  and 
thence  to  Savannah.  I  was  in  Savannah  over  two  weeks,  and  met  a  great  many  acquaint 
ances—planters  from  southern  and  middle  Georgia. 

Question.  What  was  the  main  object  of  your  journey  ? 

Answer.  I  represent  the  Brunswick  and  Florida  Railroad  Company.  The  entire  interest 
of  that  road  is  owned  by  northern  citizens.  The  road  lies  between  the  port  of  Brunswick 
and  the  Atlanta  and  Gulf  railroad,  in  southern  Georgia.  It  was  entirely  taken  up,  the  rails, 
rolling  stock,  and  everything,  by  the  impressment  act  of  the  confederate  government,  and 
the  materials  were  scattered  among  the  various  railroads,  gunboats,  bomb-proofs,  forts,  &c. 
I  have  been  down  there  as  the  agent  of  the  company,  authorized  to  recover  the  property,  or 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  109 

to  obtain  compensation  for  it ;  consequently,  I  have  come  in  contact  with  great  numbers  of 
people,  and  a  great  variety  of  people. 

Question.  Did  you  recover  any  of  the  property  ? 

Answer.  I  have  got  traces  of  almost  the  entire  amount  of  property.  The  government  of 
the  United  States  has  possession  of  about  one-half  of  it,  which  I  expect  to  recover  by  the 
government  releasing  it.  The  other  portion  is  either  held  by  railroads,  or  is  on  gunboats,  or 
sunk  in  the  harbor  of  Savannah.  Our  counsel  advises  that  we  can  recover  from  the  rail 
roads  possession  of  the  property,  which  was  distributed  among  them  by  the  confederate  gov 
ernment. 

Question.  Have  you  had  pretty  free  intercourse  with  the  people  wherever  you  have  been  ? 

Answer.  I  made  it  my  business  to  talk  with  people  and  ascertain  the  trne  position  and 
feeling,  so  far  as  I  was  able  to  judge. 

Question.  How  do  you  find  the  general  state  of  feeling  among  the  secession  element  at  the 
south  towards  the  government  of  the  United  States  ? 

Answer.  With  few  exceptions,  they  accept  the  position  of  things  as  it  is,  by  compulsion  ; 
they  acknowledge  that  they  are  a  conquered  people,  and  have  got  to  submit  to  the  condition 
of  things  ;  in  other  words,  the  secession  element  is,  as  a  general  thing,  about  as  much  secesh 
to-day,  and  as  bitter  in  its  feeling  towards  the  government  of  the  United  States  and  the  peo 
ple  of  the  north,  as  it  ever  has  been.  That  is  the  impression  made  on  my  mind  from  my 
intercourse  with  them. 

Question.  Among  what  class  of  people  do  you  find  this  feeling  most  prevalent — the  lower, 
the  middle,  or  the  higher  class  ? 

Answer.  The  lower  class  are  more  bitter  in  their  expressions  ;  the  business  men,  and  the 
more  thinking  men,  are  much  more  moderate,  and  express  much  more  satisfaction  than  any 
other  class. 

Question.  What  do  the  ex-officers  and  soldiers  of  the  confederate  army  say  about  the  state 
of  things? 

Answer.  They  are  disposed  for  peace.  Those  who  were  most  active,  and  the  officers  of 
higher  rank  in  the  confederate  army,  are  much  more  disposed  to  accept  the  condition  of 
things,  and  to  have  peace  and  quiet,  than  those  are  who  have  had  less  experience  of  war. 

Question.  How  do  the  common  soldiers  appear  to  feel  it? 

Answer.  They  say  they  have  had  enough  of  war.     That  is  their  expression. 

Question.  Among  the  masses  of  the  people  where  you  have  been,  nave  you  been  in  the 
habit  of  hearing  contemptuous  or  indignant  expressions  towards  the  government  of  the 
United  States  ? 

Answer.  In  a  few  instances  I  heard  those  expressions  where  I  was  not  a  party  to  the  con 
versation  ;  for  instance,  among  passengers  in  railroad  cars.  It  has  been  only  in  a  few  in 
stances,  and  from  persons  exceedingly  violent. 

Question.  What  expressions  have  you  heard  most  striking  in  their  character  ? 

Answer.  I  have  heard  them  say  in  those  instances  that  they  would  take  up  arms  at  any 
time,  and  never  would  regard  the  oath  they  had  been  compelled  to  take  ;  that  they  took  it 
to  have  the  facilities  of  the  United  States  mail,  and  for  trading  facilities.  On  the  contraiy, 
in  most  instances,  judicious,  thinking,  business  men,  merchants,  accept  the  condition  of 
things  in  good  faith,  and  regard  all  their  obligations  to  the  government  of  the  United  States 
in  good  faith. 

Question.  Have  you  heard  anything  said  among  them  in  regard  to  the  payment  of  the 
federal  debt  contracted  in  the  prosecution  of  the  war  ? 

Answer.  I  talked  that  thing  very  fully  and  specifically  on  many  occasions,  for  I  considered 
it  a  test.  I  often  purposely  got  parties  excited  in  conversation  so  as  to  develop  their  real 
feeling.  I  would  most  frequently  put  to  them  the  question :  "  How  would  you  vote  on  the 
repudiation  of  the  national  debt  if  you  were  on  the  rloor  of  Congress,  after  all  your  debt  had 
been  confiscated  and  your  States  left  in  the  condition  they  are  ?"  In  a  majority  of  instances 
the  expression  would  be,  "I  would  vote  to  repudiate  the  national  debt."  I  thought  that 
was  a  test  question. 

Question.  Have  you  heard  these  remarks  frequently  ? 

Answer.  Well,  I  would  hear  them  every  few  days  when  I  would  seek  conversations  for 
the  purpose  of  feeling  the  position  of  these  parties. 

Question.  How  did  such  declarations  seem  to  be  received  by  the  audience,  if  there  was 
any  audience? 

Answer.  The  more  thinking  and  earnest  business  men  did  not  countenance  it ;  but  the 
men  who  had  lost  largely  in  negroes,  and  the  men  who  never  had  anything,  were  ready  to 
sustain  that  expression  of  feeling. 

Question.  It  seemed  to  please  them? 

Answer.  It  rather  seemed  to  please  them. 

Question.  Did  you,  in  the  course  of  your  journey  and  your  stay  at  the  south,  hear  any 
thing  said  about  a  war  between  this  country  and  a  foreign  country  ? 

Answer.  I  have  heard  expressions  there  that  we  were  likely  to  get  in  a  war  with  France, 
and  in  some  instances  the  expression  was  that  they  would  take  up  arms  in  favor  of  France. 
That  expression  was,  however,  from  the  most  violent  portion  of  them.  It  was  not  anything 
like  a  uniform  expression.  It  was  only  in  occasional  instances  that  I  heard  it. 


110  RECONSTRUCTION. 

Question.  Did  you  ever  hear  that  expression  rebuked  by  any  bystander  ? 

Answer.  Yes,  sir  ;  oh,  yes ;  it  did  not  seem  to  be  received  with  favor  by  the  more  thinking 
portion  of  them.  We  were  twenty-four  hours  in  travelling1  a  hundred  miles  on  the  railroad, 
on  account  of  broken  track,  broken  engines,  and  bridges  down,  so  that  people  were  thrown 
together  and  talked  a  great  deal  more  than  in  ordinary  railroad  travelling. 

Question.  In  what  sections  of  the  country  did  you  mainly  find  these  persons  express  them 
selves  in  favor  of  joining  the  enemy  in  case  of  war  ? 

Answer.  I  heard  it  principally  on  railroad  trains  from  persons  who  were  entire  strangers 
to  me.  They  did  not  know  where  I  was  from,  and  I  did  not  know  where  they  were  from. 

Question.  You  travelled,  known  to  be  a  northern  man? 

Answer.  Oh,  yes  ;  I  made  no  secret  of  it. 

Question.  Were  you  treated  with  any  indignity  ? 

Answer.  No,  sir ;  not  in  a  single  instance. 

Question.  How  did  the  secessionists,  where  you  have  visited,  feel  in  regard  to  the  freed- 
men  arid  the  abolition  of  slavery  ? 

Answer.  From  long-continued  education,  regarding  the  negro  as  a  slave  and  of  no  ac 
count,  they  naturally  look  upon  him  as  unfit  to  govern  himself,  and  as  requiring  harsh  treat 
ment  to  keep  him  in  subserviency. 

Question.  Did  you  hear  any  regrets  expressed  at  the  abolition  of  slavery  ? 

Answer.  Oh,  yes,  sir. 

Question.  Were  they  common  ? 

Answer.  Oh,  yes,  sir. 

Question.  Did  you  hear  any  intimation  thrown  out  in  regard  to  the  future  treatment  of 
the  blacks  by  southern  legislatures  and  southern  people  ? 

Answer.  Not  by  southern  legislatures.  The  expression  seemed  to  be,  particularly  in  upper, 
and  middle,  and  southern  Georgia,  of  great  confidence  in  the  Freedmen's  Bureau,  and  of  its 
being  the  great  means  whereby  the  industry  of  the  country  was  to  be  promoted.  Much  of 
that  arises  from  the  able  management  of  General  Tiltou  in  Georgia.  He  manages  all  of  the 
State  of  Georgia  except  the  coast.  He  has  pushed  the  matter  of  inducing  the  negroes  to 
make  contracts.  To  a  certain  extent  he  compelled  them  to  do  so ;  that  is,  he  has  persuaded 
them  with  energy,  letting  them  know  that  if  they  would  not  go  on  and  make  contracts  and 
work  industriously  for  the  old  planters,  they  should  remove  from  there  and  not  obstruct  him 
in  having  others  to  work.  He  is  exceedingly  popular  with  the  planting  community  of  the 
State  of  Georgia,  and  is  a  very  efficient  officer. 

Question.  How  do  the  blacks  regard  him  ? 

Answer.  The  blacks  regard  him  with  the  highest  esteem  and  confidence.  My  impression, 
from  inquiries,  is  that  in  the  State  of  Georgia,  owing  to  the  efficient  management  of  the  bureau 
there,  there  will  not  be  less  than  three-fourths  of  the  crop  of  cotton  produced  that  was  pro 
duced  in  1860;  and  some  whom  I  regard  as  good  judges  think  there  will  be  a  full  crop  of 
cotton,  equal  to  that  of  ft6U.  It  is  not  so  with  rice.  The  negroes  on  the  rice  plantations 
on  the  Santilla  river,  and  to  a  great  extent  on  the  Altamaha  river,  are  idle,  and  decline  to 
make  contracts.  I  introduced  some  of  the  rice  planters  to  General  Tilton  at  Savannah,  ex 
plained  to  him  their  position,  and  asked  his  interposition  to  induce  the  negroes  to  work  and 
make  crops.  They  explained  to  him  their  own  position  and  that  of  the  negroes,  and  he  said 
he  would  do  everything  that  lay  in  his  power.  The  planters  explained  to  him,  however 
that  it  was  too  late  for  a  ric-e  crop ;  that  if  he  or  an  efficient  officer  could  have  been  there  at 
an  earlier  day  it  would  have  given  confidence  to  the  negroes,  and  induced  them  to  go  to 
work,  and  they  could  have  made  very  handsome  rice  crops  this  year;  but  the  plantations 
have  to  be  dried,  the  banks  are  broken  and  flooded,  and  these  low  bottoms  take  a  month  or 
two  to  be  dry  enough  to  plant  the  lice.  It  is  too  late  for  that  now,  so  that  there  will  be  very 
little  rice  crop  raised  in  the  State  of  Georgia  this  year. 

Question.  Do  the  negroes  appear  to  have  a  dislike  to  work  on  rice  plantations  ?  It  is  a 
dangerous  sort  of  labor,  is  it  not  ? 

Answer.  Oh,  no,  sir.  My  experience  in  the  south  for  many  years  past  is  that  a  commu 
nity  of  negroes  who  have  been  on  a  cotton  plantation  in  the  upper  country,  and  who  get 
upon  a  rice  plantation,  never  want  to  go  back  to  the  cotton  plantation,  from  the  fact  that 
they  have  fishing  in  the  waters  and  hunting  in  the  bottoms,  and  all  that  pleasant  sort  of  life. 
Negroes  take  naturally  to  the  water.  It  wants  a  firm,  steady,  dignified  hand  in  all  the  de 
partments  of  the  Freedmen's  Bureau.  It  needs  officers  whom  the  negroes  are  compelled  to 
respect,  and  who  have  authority  enough  over  them  to  force  them  to  make  contracts,  or  to 
show  that  they  have  some  business — some  way  of  living  besides  stealing.  The  authority 
of  the  United  States  should  reach  so  far  as  to  take  from  the  plantations  when  the  crops  are 
gathered,  under  the  auspices  of  the  Freedmen's  Bureau,  sufficient  to  fulfil  the  contracts  with 
the  freedmen,  if  the  planter  should  neglect  or  refuse  to  comply  with  the  contract.  The 
Freedmeu's  Bureau,  judiciously  and  ably  conducted,  is  the  salvation  of  the  south.  That  is 
my  conclusion  as  to  the  Freedmen's  Bureau. 

Question.  From  what  you  have  seen  and  heard  from  candid  and  thoughtful  men  at  the 
south,  what  would  be  the  effect  of  a  discontinuance  of  that  bureau  ? 

Answer.  I  think  it  would  be  disastrous  to  the  negro  population,  and  I  think  it  would  be 
equally  injurious  to  the  planting  interest. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  Ill 

Question.  State  in  what  way  it  would  be  injurious  to  the  planting  interest. 

Answer.  By  restricting  the  amount  of  crops.  The  negroes  would  not  work  with  any 
thing  of  the  efficiency  that  they  will  now,  in  the  confidence  they  have  in  the  Freeduien's 
Bureau  to  protect  their  interests. 

Question.  Why  would  they  not  work?     What  would  be  the  trouble? 

Answer.  Two  things:  first,  their  native,  natural,  indolent  habits;  and  secondly,  the  fear 
that  they  would  not  be  paid  according  to  contract  by  their  employers,  unless  they  had  the 
protection  of  the  Freedmen's  Bureau. 

Question.  Would  they  probably  be  reasonably  paid  by  the  planters? 

Answer.  I  hate  to  answer  that.  I  think  in  a  majority  of  instances  they  would  not.  We 
will  say  in  many  instances.  I  do  not  wish  to  say  a  majority. 

Question.  If  the  freedmen  felt  secure  as  northern  laborers  do  that  they  would  get  a  fair 
compensation  for  their  labor  without  the  intervention  of  bureau  authority,  would  they  then 
work  ? 

Answer.  I  do  not  think  they  would  work  with  anything  like  the  efficiency,  keep  as  good 
habits,  and  produce  such  good  crops,  as  they  would  with  the  authority  of  the  bureau  over 
them. 

Question.  State  what  your  observation  has  been  as  to  the  general  feeling  among  the  intel 
ligent  and  fair-minded  planters  about  the  necessity  and  utility  of  that  bureau. 

Answer.  To  the  best  of  niy  judgment,  the  fair-minded  planters  are  for  having  the  bureau 
sustained  with  efficiency. 

Question.  In  regard  to  the  sea-islands,  what  is  the  trouble  about  them  ?  What  is  the 
complaint  in  reference  to  them  on  the  part  ot  whites  and  blacks?  I  want  a  plain  statement 
of  the  facts  as  you  have  ascertained  them  there. 

Answer.  The  people  there  who  are  interested  in  those  sea-islands  and  in  the  rice  planta 
tions  back  thirty  miles  from  the  coast  regarded  the  authority  of  General  Sherman's  order  as 
valid  so  long  as  its  necessity  for  military  purposes  continued;  but  when  they  came  forward 
and  took  the  oath  of  amnesty,  and  complied  with  the  proclamation  of  the  President,  they  were, 
or  a  majority  of  them  on  the  coast  of  Georgia  were,  competent  to  reclaim  this  land,  and  they 
made  moves  for  that  purpose.  When  this  bill  was  introduced,  which  was  to  sequestrate  their 
lands  for  a  term  of  years,  continuing  to  keep  them  dispossessed  without  compensation,  it 
created  great  excitement  among  them.  They  deemed  it  an  exhibition  of  a  lack  of  good  faith 
on  the  part  of  the  government  of  the  United  States,  and  it  militated  seriously  against  the  con 
fidence  that  they  had  in  the  Congress  of  the  United  States.  They  felt  as  though  if  the  land 
could  be  taken  for  three  years  it  could  be  just  as  well  taken  for  all  time. 

Question.  Will  you,  in  direct  connexion  with  that  subject,  see  to  what  clause  of  the  bill 
you  refer? 

(Witness  refers  to  section  5  of  the  Freedmen's  Bureau  bill,  recently  vetoed  by  President 
Johnson,  as  follows  : ) 

"SEC.  5.  And  be  it  further  enacted,  That  the  occupants  of  land  under  Major  General 
Sherman's  special  field  order,  dated  at  Savannah,  January  sixteen,  eighteen  hundred  and 
sixty-five,  are  hereby  confirmed  in  their  possession  for  the  period  of  three  years  from  the  date 
of  said  order,  and  no  person  shall  be  disturbed  in  or  ousted  from  said  possession  during  said 
three  years,  unless  a  settlement  shall  be  made  with  said  occupant  by  the  former  owner,  his 
heirs,  or  assigns,  satisfactory  to  the  Commissioner  of  the  Freedmen's  Bureau:  Provided, 
That  whenever  the  former  owners  of  lauds  occupied  under  General  Sherman's  field  order  shall 
make  application  for  restoration  of  said  lands,  the  Commissioner  is  hereby  authorized,  upon 
the  agreement  and  with  the  written  consent  of  said  occupants,  to  procure  other  lands  for 
them  by  rent  or  purchase,  not  exceeding  forty  acres  for  each  occupant,  upon  the  terms  and 
conditions  named  in  section  four  of  this  act,  or  to  set  apart  for  them,  out  of  the  public  lands 
assigned  for  that  purpose  in  section  four  of  this  act,  forty  acres  each,  upon  the  same  terms 
and  conditions." 

Witness.  This  Is  not  exactly  the  thing  they  claimed  it  was.  Their  idea  was  this  :  that 
having  accepted  the  provisions  of  amnesty  on  taking  the  oath,  they  should  be  put  in 
possession  of  their  property.  Among  the  conditions  prescribed  in  the  orders  promulgated  by 
the  Freedmen's  Bureau  was  that  the  negroes  should  have  the  gathering  of  the  crop  then 
planted,  or  should  be  paid  for  the  crops  and  improvements  before  the  removal  of  the  freedmen 
from  it.  They  say:  ''We  accepted  these  terms;  we  waited  until  the  crop  was  gathered; 
we  then  asked  to  be  restored  to  our  property,  and  the  Congress  of  the  United  States  steps  in, 
with  a  bill  saying  you  cannot  have  it  for  three  years."  That  was  the  construction  upon  it, 
and  it  was  the  generally  accepted  construction  of  the  law.  It  created  very  great  dissatisfac 
tion  among  all  classes  there.  They  regarded  it  as  a  stepping  stone  towards  further  absorp 
tion  of  their  real  estate,  and  towards  subjecting  all  their  lands  and  property  to  be  taken 
possession  of  by  the  government  without  .the  action  of  the  confiscation  laws  to  prove  first 
that  they  were  rebels.  They  deemed  it  illegal  and  unconstitutional,  and  it  created  a  great 
deal  of  disaffection.  The  general  freedmen's  bill,  aside  from  that  item  as  to  the  lauds  em 
braced  in  Sherman's  order,  was,  by  the  thinking  portion  of  the  people  of  Georgia,  regarded 
with  favor;  but  with  that  provision*  in,  they  deemed  it  highly  detrimental  to  their  interests, 
against  their  constitutional  rights,  and  contrary  to-  good  faith,  in  view  of  the  amnesty  procla 
mation. 


112  RECONSTRUCTION. 

Question.  About  how  many  negroes  have  settled  on  those  islands  under  General  Shei  • 
man's  order? 

Answer.  I  have  no  competent  data  to  go  by,  but  judging  from  hearsay  I  should  :udge 
there  were  several  thousand. 

Question.  Have  they  been  cultivating  the  islands  ? 

Answer.  Oh,  yes,  sir ;  they  have  been  raising  good  crops,  as  I  have  been  told.  All  those 
negroes  who  are  there  working  as  communities  would  be  employed  by  the  owners  of  the 
laud,  and  I  have  no  doubt  a  very  large  number  more.  In  the  instance  of  the  heirs  of  Thomas 
Butler  King,  they  had  taken  their  negroes  into  the  interior  and  had  fed  them  arid  taken  care 
of  them,  all  the  time  waiting  to  go  back  to  the  islands,  and  had  made  arrangements  with 
them  for  pay  under  the  stipulations  of  the  Freedmeu's  Bureau.  They  themselves  were  not 
allowed  to  go  on  the  island,  were  not  allowed  to  pay  a  visit  to  the  island,  as  they  informed 
me,  and  their  old  negroes  who  were  born  and  brought  up  there  were  not  allowed  to  go  back 
either.  It  is  a  very  elegant  plantation,  and  strange  negroes  were  put  on  there. 

Question.  How  do  the  people  of  the  south,  so  far  as  you  have  seen,  feel  in  reference  to 
the  education  of  the  negroes  ;  do  they  seem  to  favor  it,  or  are  they  opposed  to  it  ? 

Answer.  I  do  not  recollect  hearing  them  make  use  of  any  expressions  about  it ;  I  think 
that  very  few  of  them  have  thought  enough  about  it.  There  is  one  instance  further  iu  refer 
ence  to  these  islands  which  you  ought  to  know  about. 

Question.  State  it. 

Answer.  I  refer  to  the  great  Cumberland  island  lying  off  the  coast  of  Georgia,  the  greater 
part  of  which  is  owned  by  Colonel  Stafford ;  he  was  born  and  brought  up  there  ;  he  is  now 
an  old  gentleman  seventy-four  or  seventy-five  years  of  age.  About  a  year  ago,  before  the 
war  ended,  I  visited  him  on  his  island ;  he  was  living  there  all  alone,  attended  by  two  or 
three  negro  women,  all  the  servants  that  were  left  to  him  on  his  immense  plantation  of  thirty 
thousand  acres,  of  which  ten  thousand  are  under  plough.  When  the  war  broke  out  the  con 
federates  ordered  off  both  islands  all  the  people,  white  and  black.  In  some  instances  they 
did  not  go,  and  among  those  who  remained  was  Colonel  Stafford.  The  confederates  came 
in  boats  to  remove  his  corn  and  his  cotton ;  he  understood  they  were  coming  to  remove  his 
cotton,  and  he  determined  they  should  not  have  it.  He  first  asked  them  to  let  him  alone, 
saying  he  was  an  old  man,  beyond  the  conscript  age :  that  he  was  on  an  island  ;  that  he 
wanted  no  excitement,  and  wanted  to  be  let  alone  on  his  own  little  island.  They  determined 
to  remove  his  property  and  to  remove  him,  but  he  declined  to  go  alive,  and  they  let  him 
alone.  He  had,  as  he  informed  me,  six  hundred  bales  of  sea-island  cotton  of  his  own  raising, 
piled  up  and  in  his  gin  houses.  He  set  his  negroes  to  work  piling  up  that  cotton,  and  on 
the  approach  of  the  confederates  to  carry  it  away,  rather  than  they  should  have  it,  he  fired 
it  and  burned  it  up.  He  would  have  fired  all  his  corn-cribs,  but  he  could  not  do  it  without  burn 
ing  all  his  buildings  ;  consequently  they  loaded  their  vessels  with  his  corn  and  carried  it 
away.  He  had  a  twenty-thousand  acre  range  of  pasture  land  on  which  he  had  large  droves 
of  cattle.  The  confederate  forces  drove  off  steamboat-loads  of  his  cattle  for  their  use ;  the 
federal  gunboats  came  in  and  drove  them  away,  and  the  federals  helped  themselves  to  beef,  and 
pork,  and  honey,  &c.,  so  that  the  old  gentleman  was  awfully  stripped  by  both  armies,  while 
he  never  gave  anything  to  either.  Among  other  things,  as  he  told  me,  three  hundred  of  his 
able-bodied  negro  men  went  either  into  the  United  States  army  or  the  United  States  navy, 
and  now  the  old  gentleman  says,  standing  on  his  porch,  with  tears  flowing  down  his  face, 
and  with  his  long  gray  locks  floating  in  the  wind,  "  Here  I  am  with  nothing  but  the  land, 
and  the  order  of  General  Sherman  takes  me  off  the  island." 

Question.  Has  he  left  the  island  ? 

Answer.  I  did  not  see  him  when  I  was  down  there  the  last  time,  and  I  do  not  know 
whether  he  has  left  the  island  or  not.  Now  there  is  the  case  of- a  man,  guilty  of  no  belliger 
ent  act,  who  suffered  from  all  parties,  and  now  the  Congress  of  the  United  States  proposes 
to  legislate  him  off  his  land  without  compensation.  You  can  see  how,  in  the  case  of  a  man 
known  all  through  the  south,  and  also  well  known  in  the  north,  such  an  act  of  Congress 
strikes  the  mind  of  everybody  in  the  south.  They  say,  "My  God  !  where  are  we  ?  What 
sort  of  a  government  do  we  live  under?" 

Question.  How  do  they  feel  in  that  region  about  the  negro  enjoying  the  right  of  suffrage  ? 

Answer.  Oh,  they  are  deadly  opposed  to  it. 

Question.  Do  you  suppose  they  ever  would  agree  to  it  ? 

Answer.  No,  sir,  except  it  may  be  in  a  modified  form 
*     Question.  That  is,  under  some  restriction  as  to  property  or  intelligence? 

Answer.  Yes,  sir,  under  property  or  educational  qualifications. 

Question.  Did  you  visit  South  Carolina  ? 

Answer.  I  was  in  Charleston  two  days. 

Question.  How  did  you  find  the  state  of  feeling  in  that  city? 

Answer.  I  travelled  from  there  through  the  State.  The  popularity  of  the  Freedmen's 
Bureau  is  not  so  favorable  in  South  Carolina  as  it  is  in  the  State  of  Georgia.  I  judged  that  it 
arose  from  a  less  efficient  exercise  of  the  functions  of  the  bureau  as  to  inducing  or  compelling 
the  negroes  to  make  contracts  and  go  on  and  work. 

Question.  Who  had  charge  of  the  bureau  in  South  Carolina  while  you  were  there? 

Answer.  I  do  not  know.     I  think  that  General  Saxton  had  been  removed,  and  that  General 


ARKANSAS — GEORGIA — MISSISSIPPI— ALABAMA.  113 

Scott  had  charge  ;  but  whether  he  was  in  charge  of  the  whole  State  or  coast  part  I  am  not 
aware. 

Question.  Did  yon  hear  any  other  expressions  among  the  South  Carolinians  in  regard  to 
the  government  of  the  United  States  ?  Have  they  changed  their  views  as  to  the  right  of 
secession  ? 

Answer.  In"conversation  they  regard  the  matter  of  State  rights^  or  the  right  of  secession — 
to  nse  the  expression  of  one  of  tbfcm — as  played  out. 

Question.  Do  they  evince  a  willingness  to  become  loyal,  fakhful  citizens  of  the  United 
States ;  to  uphold  the  government  and  go  on  as  friends  of  the  government ;  or  aro  they 
looking  for  some  future  event  by  which  they  may  succeed  in  getting  out  of  the  Union  ? 

AnsAver.  I  think  they  accept  the  condition  of  things  as  they  are,  without  looking  forward 
to  further  revolutions. 

Question.  In  case  of  a  hard  war  between  the  United  States  and  any  foreign  power,  such 
as  England  or  France,  by  which  we  should  be  put  to  our  utmost  efforts  to  defend  the  national 
honor  and  interests,  and  in  case  these  people  should  discover,  or  should  think  they  discovered 
a  fair  chance  to  secure  their  independence  and  shake  off  the  authority  of  the  United  States, 
what  course,  in  your  opinion,  would  they  pursue  ? 

Answer.  I  think  that  in  case  of  a  war  with  England,  particularly,  we  would  have  al'most 
the  unanimous  support  of  the  southern  soldiery  ;  but  I  think  that  if,  independent  of  a  foreign 
war,  these  people  had  a  reasonable  show  of  success,  a  reasonable  chance  of  gaining  their 
independence,  they  would  embrace  the  opportunity.  That  is  putting  it  strong. 

Question.  In  such  a  case  you  would  not  expect  to  see  much  opposition  to  a  rising  among 
them  against  the  government?  You  would  expect  to  see  a  pretty  substantial  unanimity 
-among  the  people,  would  you  not  ? 

Answer.  The  feeling  in  the  past  war  was  one  of  almost  entire  unanimity,  so  far  as  I  have 
been  able  to  learn  the  sentiments  a  year  ago  and  during  this  present  season. 

Quest-ion.  What,  in  your  judgment,  has  been  the  effect  of  President  Johnson's  liberal 
policy  in  granting  amnesties  and  pardons  to  rebels ;  has  it  inspired  them  with  respect  and 
love  for  the  government  of  the  United  States,  or  has  it  increa'sed  their  contempt  and  hatre-1 
of  it  ? 

Answer.  Among  the  masses  of  the  people  who  availed  themselves  of  that  kindness  it  has 
b&d  a  beneficial  effect.  It  has  promoted  confidence  in  the  government  of  the  United  States. 
With  some  persons  of  violent  dispositions,  and  with  leading  politicians,  I  think  it  has  Imd 
the  effect  of  making  them  more  contemptuous ;  making  them  look  upon  us  with  a  less  decree 
of  respect. 

Question.  What  political  schemes  do  they  really  cherish,  so  far  as  you  can  observe,  in  case 
they  are  re-admitted  into  thp  Union  ?  • 

Answer.  I  really  have  no  definite  idea  of  their  plans. 

Question.  Do  they  look  to  an  alliance  with' the  so-called  copperhead  or  democratic  party  of 
the  north  ? 

Answer.  I  cannot  say  that  I  have  heard  expressions  of  that  kind.  • 

Question.  How  do  the  leading  planters  and  the  solid  men  among  the  secessionists  regard 
northern  democracy  ? 

Answer.  They  regard  the  ultra  democratic  party  of  the  north  as  their  friends  and  allies,  . 
and  they  look  to  them  as  their  sustaiuers  in  opposition  to  the  republican  party. 

Question.  Have  they  at  the  same  time  a  respect  for  the  political  principles  of  the  northern 
democracy  ? 

Answer.  They  regard  the  democratic  pgrtyas  their  sustainers,  the  ultra  democratic  party , 
what  we  term  here  the  copperhead  party.  That  is  the  prevailing  sentiment,  according  to  my 
judgment. 

Question.  Were  you  in  the  south  during  the  war? 

Answer.  No,  sir.  I  was  on  the  coast  of  Georgia  and  in  Florida  from  the  latter  part  of 
January,  1865,  until  about  a  month  after  the  surrender  of  Johnston. 

Question.  Have  you  property  in  the  south  ? 

Answer.  Yes  ;  a  large  property  in  southern  Georgia. 

Question.  Chiefly  consisting  of  railroad  property  ? 

Answer.  Chiefly  of  railroad  property  and  lands. 

Question.  Are  you  a  native  of  Georgia  ? 

Answer.  No,  sir.     I  was  born  in  Pennsylvania,  and  live  in  the  city  of  New  York 

Question.  Is  there  anything  else  you  wish  tt>  state  to  the  committee  ? 

Answer.  No,  sir. 


WASHINGTON,  March  1,  1866. 

Brevet  Lieutenant  Colonel  Hunter  Brook  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Please  give  your  name,  age,  and  present  employment. 

Answer.  My  name  is  Hunter  Brook  ;  I  am  thirty-five  years  of  age;  I  belong  to  the  United 

8  A  G  M  A 


114  RECONSTRUCTION. 

States  army,  and  am  acting  provost  marshal  general  and  judge  advocate  of  the  department 
of  Alabama. 

Question.  What  have  been  your  opportunities,  since  Lee's  surrender,  of  obtaining  a  knowl 
edge  of  the  condition  of  the  people  in  the  States  of  Arkansas,  Mississippi,  Alabama,  and  Geor 
gia,  or  either  of  them  ? 

Answer.  I  have  been  in  the  State  of  Alabama  on  military  duty  constantly  since,  the  23d  of 
July,  1865.  For  the  first  month  I  was  provost  marshal  ofnhe  district  comprising  the  twelve 
lower  counties  of  Alabama.*  After  that  I  was  provost  marshal  general  of  the  Stute.  I  receivi •<] 
the  reports  of  the  local  provost  marshals  of  the  different  districts,  of  which  there  were  four  in 
the  State — Huntsville,  Talledega,  Montgomery,  and  Mobile.  I  received  their  regular  reports, 
and  heard,  of  course,  of  any  extraordinary  event  that  occurred.  I  superintended,  to  some 
extent,  the  administering  of  the  amnesty  oath,  for  which  we  had  an  officer  of  some  grade  in 
nearly  every  county  in  the  State.  My  instructions  to  subordinate  provost  marshals,  in  send 
ing  these  officers  out,  was,  that,  in  addition  to  their  regular  reports,  they  should  also  report 
as  often  as  possible  the  general  temper  and  condition  of  the  people  as  to  loyalty.  These  in 
structions  were  complied  with  only  partially ;  but  I  was  in  constant  communication  with  these 
officers,  either  personally  or  otherwise,  arfd  had  opportunities  of  learning  what  their  experi 
ence  was. 

Question.  Considering  the  latest  accounts  which  you  received,  what  was  the  condition  of 
the  people  of  Alabama  in  reference  to  loyalty  ? 

Answer.  The  people  seemed  to  be  fretting,  as  a  general  thing,  under  military  rale,  and  I 
think  entirely  without  cause.  The  result  of  this  ^was,  that  we  heard  a  great  deal  of  dis 
loyalty,  and  very  little  of  loyalty,  both  from  public  men  in  the  State  and  from  private  citizens. 
In  the  city  of  Mobile,  where  I  am  stationed,  there  are,  of  course,  many  prominent  citizens 
whose  behavior  is  unexceptionable,  and  whose  general  reputation  for  loyalty  nobody  could 
impeach.  But  these  men  seem  to  differ  with  the  government  entirely  as  to  its  policy  upon 
the  subject  of  slavery,  and  to  adhere  to  their  old  teachings  and  feelings  on  that  subject.  I 
do  not  know  in  the  State  of  Alabama  of  a  loyal  newspaper  upon  that  question.  I  understood 
there  was  a  paper  published  in  Huntsville,  called  the  Liberty  Herald,  or  something  of  that 
description,  but  I  never  heard  of  it  in  the  State,  .and  if  it  is  published,  it  is  certainly  some 
temporary  enterprise,  conducted  by  parties  from  the  north.  It  was  never  recognized  in  the 
State.  The  whole  tenor  of  the  press  of  the  State  is  to  excite  trouble  and  disloyalty  con 
stantly.  You  could  scarcely,  out  of  three  prominent  newspapers  of  Mobile,  and  one  of 
which  is  owned  by  a  northern  man,  pick  up  a  copy  that  does  not  contain  a  flhfg  either  at 


the  military  occupation  or  the  Freedmen's  Bureau,  although  officially  I  have  never  been 
called  upon  to  offer  any  resistance,  or  interfere  in  any  way  as  the  military  police  officer  of 
the  department  in  behalf  of  the  Freedmen's  Bureau  in  the  State.  They  have  always  main 
tained  themselves.  During  the  recent  elections  in  Alabama  the  department  commander 
received  information  that  the  amnesty  oath,  which  had  been  prescribed  by  the  President  as  a 
necessary  qualification  for  voting,  was  generally  disregarded.  I  instituted  inquiry  through 
the  local  provost  marshals,  and  found  that  to  be  the  fact.  A  report  of  it  was  made  and 
forwarded  through  General  Thomas  to  Washington.  The  department  has  never  since 
received  any  instructions  about  it,  and  the  parties  elected  at  that  election  to  local  offices  have, 
assumed,  and  arc  now  carrying  on,  the  duties  of  their  offices. 

Question.  If  the  people  of  Alabama  were  left  to  themselves  to  act  as  they  pleased,  would 
they  prefer  to  remain  under  the  present  government,  or  to  see  the  confederacy  established  ? 

Answer.  I  think  a  majority  of  them  would  prefer  to  see  the  confederacy  established. 

Question.  What  would  bo  the  condition  of  the  freedmen  and  of  the  Union  men  who  have 
been  truly  loyal  during  the  war  if  the  military  and  the  Freedmeu's  Bureau  should  be  with 
drawn  ? 

Answer.  I  think  they  would  be  subjected  to  a  great  deal  of  persecution,  and  finally  com 
pelled  to  leave  the  State.  Just  before  I  left  Mobile  there  was  a  despatch  published  in  the 
papers  as  being  authorized  by  Governor  Fatten,  stating  that  lie  had  received  information 
from  General  Thomas  that  the  troops  were  to  be  withdrawn  from  the  State,  and  that  the 
militia  were  to  be  furnished  with  arms  and  ammunition.  That  despatch  seemed  to  create  a 
great  deal  of  excitement  among  the  resident  Union  men  and  the  northern  residents  who  had 
settled*  there  and  invested  their  capital  both  in  the  country  and  in  the  city  of  Mobile.  Not 
less  than  fifty  men  called  upon  me  at  my  office,  and  I  suppose  a  larger  number  did  upon 
General  Wood,  to  know  whether  the  despatch  was  warranted  or  not ;  whether  it  was  going 
to  be  carried  out,  and  how  soon,  which  inquiries  they  made  with  the  hope  ^hat  they  would 
Lave  time  to  withdraw  their  investments,  and  leave  the  State  when  the  military  did.  Of 
course,  the  only  reply  wo  could  give  was,  that  we  had  no  official  knowledge  of  it  as  yet,  and 
if  we  had,  we  had  nothing  to  say.  They  then  begged  to  know  if  we  could  not  use  some 
military  influence  to  delay  it  long  enough  for  them  to  protest,  and  a  number  of  reliable 
persons  with  whom  I  was  acquainted,  ex-officers  of  the  army  and  others  representing  a 
of  over  a  million  dollars,  stated  that  they  would  get  up  a  remonstrance  of  that  de- 


Congi  — ».-...  *  - 

1  saw  the  morning  of  my  leaving  scenicd  to  be  satisfied  so  far  as  we  could  assure  them. 


ARKANSAS  —GEORGIA — MISSISSIPPI—ALABAMA.  115 

Question.  In  the  elections  that  have  taken  place,  were  Union  men  or  men  who  had  been  in 
the  rebellion  generally  elected  ? 

Answer.  Almost  invariably  men  who  had  been  in  the  rebellion.  They  elected  in  Madison 
county,  iu  the  Huntsville  district  of  the  State,  to  the  office  of  sheriff  of  the  county  a  young^ 
man  whom  I  know  personally,  and  who  I  know  before  the  war  could  not  by  any  manner  of 
means,  with  the  reputation  he  had,  have  been  elected  constable.  But  he  was  the  murderer 
of  Brigadier  General  McCook,  was  distinguished  in  the  war  as  a  partisan  ranger,  and,  as  I 
was  informed  by  officers  who  were  present  in  that  locality  at  the  time  of  the  election,  this 
was  considered  his  great  merit.  He  was  then  under  sentence  for  that  murder.  He  was  sub 
sequently  arrested,  I  believe,  by  order  of  the  President  of  the  United  States  and  taken  to 
Nashville  in  irons.  This  was  after  he  was  elected  sheriff. 

Question.  Do  you  know  of  any  expectation  that  the  government  is  to  compensate  the  peo 
ple  for  their  slaves  or  for  property  destroyed  or  injured  by  our  troops  ? 

Answer.  There  are  people  preparing  and  hoping  for  the  allowance  of  such  claims  for  prop 
erty,  but  whether  the  expectation  is  very  general  or  not  I  am  not  able  to  say.  Some  have 
hopes  of  remuneration  for  such  losses,  especially  those  arising  from  Wilson's  raid. 

Question.  As  far  as  you  have  observed,  what  is  the  disposition  among  the  negroes  in  re 
gard  to  education  and  the  general  improvement  of  their  race  ? 

Answer.  They  seern  to  be  very  ambitious  in  that  way^.  I  have  had  very  little  to  do  with 
them  directly.  My  attention  has  been  called  to  the  subject  in  various  ways  indirectly.  They 
are  very  ambitious  on  the  subject  themselves,  but  get  little  or  no  encouragement  wfhatever 
from  any  influential  people  of  the  State  that  I  know  of.  When  General  Howard  was  in 
Mobile'  he  went  with  General  Wood  and  called  on  a  Dr.  Nott,  who  is  perhaps  the  ablest 
physician  in  the  State  of  Alabama,  and  a  leading  man  in  his  profession,  in  reference  to  a 
temporary  occupation  of  the  Medical  College  of  Mobile,  which  was  not  in  use  at  the  time, 
and  for  the  use  of  which  there  was  little  or  no  prospect,  it  being  out  of  capital  and  there  be 
ing  few  students  in  the  State  able  to  attend  and  pay.  The  use  of  the  building  I  refer  to  was 
for  the  establishment  of  a  large  colored  school.  I  was  informed  by  General  Wood  that  Dr. 
Nott  replied  to  that  request  by  saying  he  would  rather  see  the  building  burned  to  the  ground 
than  used  for  any  such  purpose.  My  impression  is  that  they  kept  it  any  how,  as  they  had 
it"  at  the  time. 

Question.  Please  state  any  other  facts  in  your  possession  pertinent  to  the  subject  of  this 
investigation. 

Answer.  In  reference  to  the  question  of  government  cotton,  I  think  the  management  of 
that  matter  shows,  to  some  extent,  the  temper  of  the  people,  as  far  as  the  government  is  con 
cerned.  We  have  heard  the  testimony  in  open  court  of  as  many  as  a  dozen  witnesses,  con 
sidered  in  the  interior  as  responsible  planters,  to  the  fact  that  a  large  majority  of  the  people 
do  not  and  never  will  recognize  the  title  of  the  government  to  that  property,  and  never  will 
give  any  assistance  to  the  government  in  obtaining  it,  as  they  never  have  done.  Frequent 
collisions  have  occurred  in  different  parts  of  the  State  between  the  people  and  the  parties  sent 
there  by  the  Treasury  Department,  and  also  by  the  military,  for  the  collection  of  this  cotton. 
There  are  parties  of  citizens  who  band  together  to  resist  the  officers  of  the  government  sent  out 
for  this  purpose.  Within  five  or  six  weeks  steamers  loaded  with  that  property  have  been 
fired  upon.  The  governor  of  the  State  has  been  officially  notified  that  these  occurrences  are 
going  on  in  different  sections  of  the  State,  but  what  steps  He  has  taken,  if  any  at  all,  upon 
the  subject,  I  do  not  know. 

Question.  What  was  the  nature  of  the  government  title  to  the  property  you  refer  to  ? 

Answer.  It  was  cotton  surrendered  by  General  Dick  Taylor  as  being}  the  property  of  the 
confederate  government.  It  had  been  subscribed  by  private  individuals  for  the  support  of 
that  government,  but  the  title  to  it  had  gone  out  of  the  hands  of  the  original  planters.  On 
one  occasion  I  sent  a.  man  into  the  county  of  Choc  taw  to  collect  some  information  in  reference 
to  cotton-stealing.  I  sent  with  him  a  lieutenant  and  twenty-men  to  protect  him.  That  man 
with  his  party  were  driven  out  of  the  county  by  armed  citizens  with  the  probate  judge  of  the 
county  at  their  head.  We  had  to  send  a  battalion  of  cavalry  to  accomplish  what  we  wished. 
But  that  is  dying  away  to  some  extent.  The  people  feel  exceedingly  sore  in  reference  to 
their  political  position,  and  it  is  discussed  very  bitterly,  publicly  and  privately.  • 

Question.  Of  what  do  they  complain  ? 

Answer.  Of  the  apparent  impossibility  of  their  procuring  a  representation  in  Congress. 

Question.  For  what  purpose  do  you  understand  they  chiefly  desire  a  representation  in 
Congress  .' 

Answer.  I  believe  a  majority  of  them  desire  it  in  order  to  establish  themselves  as  citizens; 
that  is,  to  establish  the  identity  of  their  State,  give  validity  to  their  laws,  and  enable  them 
to  declare  their  sentiments,  and,  if  necessary,  to  make  claims  upon  the  general  government 
both  individually  and  as  a  State.  I  believe  their  general  behavior  would  be  much  better  if 
some  such  representation  could  be  permitted.  I  have  no  opinion,  of  course,  as  an  officer,  as 
to  how  it  should  be  done.  I  am  confident  the  people  feel  that  they  are  degraded  beyond  what 
they  ought  to  be — whether  they  are  right  or  wrong  in  that  is  another  question — and  that  they 
would  behave  a  great  deal  better  if  they  had  some  such  representation.  I  do  not  believe  that 
the  sober,  sound  sense  of  the  State  is  led  by  their  press,  for  it  is  an  exceedingly  weak  press. 
I  have  heard  many  of  their  citizens  say,  and  it  is  certainly  my  opinion,  that  it  is  the  weakest 


116  RECONSTRUCTION. 

press  in  the  sonth.  They  are  unwilling  that  their  sentiments  should  be  represented,  or  rather 
misrepresented,  as  they  have  so  fur  been  by  their  press,  and  they  therefore  would  like  to 
have  a  representation  pf  some  sort  in  the  councils  of  the  nation,  where  their  opinions  and 
feelings  might  at  least  be  published  with  some  legitimate  authority.  As  far  as  disregarding 
the  oath  of  amnesty  as  a  qualification  for  voting  is  concerned,  I  was  informed  by  soveiai 
prominent  gentlemen  who  were  elected  to  office  in  the  fall  election  that  the  convention  of 
the  State  had,  by  authority  of  the  President,  just  before  it  adjourned,  provided  that  it  should 
not  be  a  requisite.  I  have  not  been  able  to  find  this  among  the  records  of  the  convention,  nor, 
has  General  Wood  received  it  officially  from  the  governor.  I  desire  to  say,  further,  that  tire 
people  of  Alabama  generally  believe  that  the  policy  of  the  President  has  always  been  for 
their  speedy  restoration  as  a  State  with  all  their  former  functions;  but  this  belief  has  been 
based  upon  the  perverted  comments  of  their  press.  So  far  as  this  policy  has  been  fairly  un 
derstood  by  officers  on  duty  in  the  department,  with  proper  modifications,  this  belief  has  been 
encouraged  in  mere  social  intercourse,  although  nothing  has  been  ever  said  officially.  This 
has  been  done  in  good  faith,  without  instructipn,  and  with  a  view  to  secure  general  good 
feeling  and  good  order.  I  have  heard  that  officers  of  the  army  are  charged  with  discouraging 
efforts  for  proper  reconstruction,  but  I  sincerely  hope  the  officers  of  the  department  of  Ala 
bama  may  bo  relieved  from  this  charge  as  unjust  and  unwarranted. 


WASHINGTON,  March  1, 18G8. 

W.  A.  P.  Dillingham  sworn  and  examined 
By  Mr.  BOUTWELL  ; 

Question.  What  is  your  age,  residence,  and  occupation  ? 

Answer.  Forty-one;  I  reside  at  Waterville,  Maine;  I  am  partly  a  farmer;  I  will  give 
mv  occupation  as  a  gentleman. 

Question.  Have  you  been  in  either  of  the  States  recently  in  rebellion  since  Lee  s  surrender ; 
and  if  so,  in  what  States? 

Answer*  I  have  been  in  Tennessee,  Mississippi,  and  Louisiana. 

Question.  How  much  time  have  you  spent  in  each  since  last  March  ? 

Answer.  Several  months.  I  spent  but  a  very  little  time  in  Tennessee.  I  was  at  Memphis, 
and  had  business  there  which  detained  me  but  a  short  time.  Most  of  the  time  I  spent  in 
Mississippi,  and  a  few  weeks  in  New  Orleans,  Louisiana. 

Question.  When  did  you  leave  Mississippi  ? 

Answer.  About  the  20th  of  December  last. 

Answer.  What  was  your  business  or  occupation  while  there  ? 

Answer.  Treasury  agent  at  Natchez. 

Question.  What  service,  as  agent,  did  you  perform  ? 

Answer.  I  had  charge  of  restricted  commerce  and  commercial  intercourse  with  insurrec 
tionary  districts. 

Question.  What  means,  if  any,  did  that  give  you  of  ascertaining  the  condition  and  opin 
ions  of  the  people  of  Mississippi? 

Answer.  The  business  of  the  office  was  such  that  persons  residing  m  different  parts  of  the 
State  of  Mississippi,  having  business  there,  came  into  the  office,  and  I  had   an  opportu 
and   sought  the  opportunity  frequently,  after  the  transaction  of  the  business,  to  convert' 
with  them  as  to  their  views  of  the  condition  of  the  country,  and  other  views,  and  also  I  had 
quite  a  number  of  cases  presented  for  my  consideration  and  action  by  the  frcedmeu. 

Question.  As  far  as  you  have  observed,  what  was  the  prevailing  sentiment  of  the  people 
concerning  this  government?  Was  it  one  of  loyalty  or  disloyalty  ? 

Answer.  I  think  that  in  last  March,  before  Lee's  surrender,  the  general  feeling  in  Mis 
sippi   within  the  federal  lines,  of  all  classes  with  whom  I  had  intercourse,  was  that  ot  entir 
submission  to  the  federal  authority.     At  that  time  I  very  seldom  saw  persons  troiu  beyond 
the  lines  having  any  business  with  the  office. 

Question.  What  has  been  the  state  of  public  sentiment  more  recently  ? 
\uswer.  The  fcclino-  in  Mississippi  last  spring  was  that  of  submission  to  the  government, 
and  a  disposition  to  accept  readily  any  public  officers  the  government  might  send  there  m  a 
civil  or  military  capacity.     There  was  a  feeling  that  they  had  no  rights  :  that  those  bad  been 
forfeited  by  the  rebellion.     They  were  disposed  to  accept  kindly,  so  far  forth  as  they  had  any 
kindly  feelings  in  their  natures,  whatever  the  government  might  propose.    This  was  the  teel- 
ino- last  spring,  but  subsequently  that  feeling  seemed  to  disappear  :  and  after  the  policy ;  ot 
President  Johnson  was  thoroughly  inaugurated,  the  old  bitterness  seemed  to  develop  itself, 
the  feeling  that  they  desired  the  management  and  control  of  their  own  State  in  tl 
hands,  and  after  their  own  methods.  • 

Question.  Were  the  men  appointed  to  office  under  Governor  feharkey  gener 

1  Answer  I  came  up  the  river  at  the  time  Governor  Sharkey  was  returning  from  Washington 
to  Jackson  ;  I  met  him  at  Memphis,  and  had  a  brief  interview  with  him  on  the  boat;  lie 


ARKANSAS— GEOEGIA — MISSISSIPPI — ALABAMA.  117 

told  me  had  been  to  Washington,  and  had  been  very  favorably  impressed  with  President 
Johnson ;  that  the  President  received  him  courteously,  and  treated  him  with  more  considera 
tion  than  he  had  anticipated  ;  that  he  had  invested  him*with  more  authority  even  than  he 
would  willingly  assume ;  that  the  President  assured  him  that  no  person  should  be  appointed 
to  any  civil  position  in  the  State  without  his  nomination,  and  that  the  entire  management  of 
the  State  should  be  in  his  hands.  And  then  he  told  me  he  should  issue  his  warrant  re-es- 
tublishing  in  office  all  the  old  officers  under  the  State  government  in  Mississippi,  provided 
they  would  take  the  oath  of  allegiance;  and  the  governor  very  pleasantly  remarked,  "I 
think  in  thirty  days  we  will  have  the  State  of  Mississippi  ready  to  go  back  in  the  Union." 
I  am  not  aware  that  the  governor  appointed  any  man  because  he  was  disloyal,  but  I  think 
he  appointed  several  who  were  unfriendly  towards  the  government ;  for  instance,  a  judge  at 
Vicksburg,  appointed  by  Governor  Sharkey,  had  been  a  rebel  colonel ;  he  had  lost  an  arm  in 
•the  sen-ice,  and  had  recently  come  out  of  the  army ;  and  several  of  the  officers  appointed  in 
Natchez  had  been  notorious  rebels. 

Question.  Do-you  know-any  thing  of  the  views  which  these  appointees  of  Governor  Sharbe^ 
you  refer  to  entertained  at  that  time  concerning  this  government ;  whether  they  expressed  a 
disposition  to  support  it  in  good  faith,  or  not  ? 

Answer.  The  same  evening  I  had  an  interview  with  Governor  Sharkey.  I  also  conversed 
quite  freely  with  one  of  the  party  of  gentlemen  who  came  to  Washington  with  Governor 
Sharkey.  He  used  about  this  language :  ''The  slate  is  made  up  in  this  way  at  Washing 
ton  :  the  South  is  a  unit,  and  the  democrats  and  the  conservative  men  at  the  north  are  to 
rally  around  President  Johnson,  form  ft  new  party  and  re-elect  him  to  the  presidency." 
'And,''  said  he,  ''we  accept  that  proposition  very  cheerfully."  He  said  the  radicals  at  the 
north  proposed  even  to  educate  niggers  and  give  them  the  right  of  voting.  The  gentleman 
who  made  this  remark  was  one  who  accompanied  Governor  Sharkey ;  and  the  same  gentle 
man  also  assured  me  that  President  Johnson  told  him  he  should  be  appointed  United  States 
marshal  of  Mississippi  soon.  The  young  man  had  not  been  out  of  the  rebel  service  but  a 
short  time  when  he  made  thig  statement.  He  cut  the  confederacy,  as  it  were,  and  then 
started  at  once  for  Washington.  I  would  also  state,  in  answer  to  your  general  question, 
that  last  November,  on  my  passage  down  the  Mississippi  river,  I  was  in  company  with 
General  Dick  Taylor  for  about  a  week,  and  became  quite  intimately  acquainted  with  him. 
We  discussed  the  questions  before  the  country  very  freely,  and  here  is  one  point  which 
I  will  briefly  allude  to  among  many  points  that  were  brought  up.  We  were  speaking  of  the 
feelings  in  the  rebel  States  towards  men  nominated  and  elected  to  office.  I  asked  the  ques 
tion  why  in  the  State  of  Mississippi  the  regular  nominee  for  governor  of  the  State  conven 
tion,  called  by  order  of  Governor  Sharkey,  all  the  delegates  to  which  wrere  elected  by  the 
people  in  the  presence  of  no  federal  bayonets,  was  not  supported?  Judge  Fisher,  the 
nominee  of  that  convention,  was  a  man  of  eminent  learning,  of  high  judicial  position,  a  man 
who  had  been  a  non-combatant  during  the  war,  his  age  releasing  him  from  conscription,  and 
I  asked  why  they  did  not  elevate  him  to  the  governorship  instead  of  General  Humphreys. 
The  general  was  very  frank  in  his  reply.  Said  he,  "The  southern  people,  Mr.  Dillinghain, 
will  support  for  either  State  or  municipal  office  no  individual  who  was  indifferent  to  the  suc 
cess  of  the  confederates  during  the  war.  Unless  a  man  fought  for  his  country,  (meaning 
the  confederacy,)  he  could  not  receive  the  votes  of  the  southern  people."  Said  I,  "General, 
you  retain  all  your  old  attachments,  prepossessions,  and  prejudices  of  the  southern  people;" 
"  Certainly  I  do."  Said  I,  "General,  suppose  President  Lincoln  were  living,  and  for  the 
next  presidential  election  Jeff.  Davis  and  Lincoln  were  rival  candidates  ;  whom  would  you 
support?"  Without  hesitation,  he  said,  "Certainly  Jefferson.  Davis." 

Question.  According  to  your  observation,  is  it  your  opinion  that  the  people  of  Mississippi 
would  prefer,  if  they  had  the  power  to  choose,  the  establishment  of  the  confederacy  or  the 
maintenance  of  the  Union? 

Answer.  They  would  prefer  the  establishment  of  the  confederacy. 

Question.  Have  you  any  opinion  as  to  the  proportion  of  people  there  who  would  prefer 
the  confederacy  to  the  Union,  if  the  confederacy  were  possible  ? 

Answer.  I  had  conversations  with  many  persons,  and  of  the  different  classes  of  persons, 
and  those  who  expressed  an  attachment  for  the  government  and  rejoiced  that  the  confederacy 
had  failed  were  exceptions  to  the  rule.  I  think  three-fcurths  to  be  moderate,  in  my  estimate. 

Question.  If  the  people  of  the  State  of  Mississippi  should  be  left  to  execute  their  own  will, 
without  interference  from  the  national  government  in  reference  to  the  freedmen  and  those 
persons  who  are  known  to  have  been  supporters  of  the  Union  during  the  war,  what  would 
be  the  probable  policy  of  that  State  in  regard  to  these  two  classes  of  persons  ? 

Answer.  Of  course  they  would  recognize  the  emancipation  proclamation,  with  their  present 
feelings  towards  the  government  and  with  the  understanding  that  they  must  execute  it;  but 
even  after  accepting  that  proclamation  of  emancipation  they  would  do  just  this:  they  would 
give  the  negroes  their  personal  freedom,  so  that  they  should  not  be  bought  and  sold,  and  if 
their  own  views  could  bo  carried  out  they  would  not  allow  them  to  buy,  hold  property,  or 
testify  in  the  courts  unless  it  was  in  cases  between  negroes,  or  to  have  schools,  or  exercise 
the  elective  franchise,  which,  in  their  judgment,  is  the  sum  of  all  evils ;  they  would  support 
no  loyal  whites  for  office,  and  as  far  as  they  possibly  could  I  think  they  would  exclude  toem 
from  their  society,  and  that  they  would  be  generally  under  the  ban  of  their  displeasure. 


118  RECONSTRUCTION. 

Question.  Do  you  know  any  of  the  men  that  have  been  elected  by  the  people  of  Missis 
sippi  as  representatives  or  senators  in  Congress  except  Governor  Sharkey? 

Answer.  I  do  not.     I  have  no  personal  acquaintance  •with  nuy  other. 

Question.  Did  you  observe  the  operation  of  the  Freedmeu's  Bureau;  and  if  so,  \vhat  is 
your  opinion  of  the  bureau  as  to  its  being  beneficial  or  otherwise  ? 

Answer.  I  think  it  has  been  serviceable.  The  officers,  many  of  them  in  Mississippi,  in 
Natchez,  and  about  there,  I  was  personally  acquainted  with,  and  they  were  generally  men 
of  good  abilities,  and  discharged  their  duties  acceptably  and  faithfully.  Why,  sir,  the  agents 
of  the  Freedmen's  Bureau  were  the  sheet-anchor  and  hope  for  the  poor  colored  men  there. 
I  do  not  know  what  these  colored  men,  many  of  them,  would  have  done  without  their  aid  in 
collecting  their  claims  for  services  rendered,  and  meeting  successfully  the  unjust  and  oppres 
sive  acts  of  the  old  citizens  with  rebel  antecedents.  I  will  furhennore  state  that  I  had  occa 
sion  to  go  into  Wilkersori  county,  thirty  miies  from  Natchez,  where  there  had  been  disturb 
ances  in  the  relations  between  the  old  masters  and  the  freedmen.  The  freedmen  felt  that 
unless  they  left  their  old  masters,  went  away  and  sought  new  employers,  somehow  or  other 
they  were  still  slaves,  and  would  not  receive  any  wages  for  their  labor.  Labor  was  in  a  very 
unsettled  condition  there ;  many  whites  also  feared  insurrection  about  Christmas.  They 
requeued  that  an  agent,  with  a  few  persons  connected  with  the  bureau,  should  be  sent  there. 
A  few  officers,  perhaps  two  or  three,  were  sent,  and  their  effect,  upon  all  that  colored  popu 
lation,  far  and  near,  was  most  gratifying.  The  agent  gave  notice  that  he  would  address  the 
colored  people,  and  they  came  from  far  and  near.  There  must  have  been  two  or  thre« 
thousand  persons  at  least.  He  spoke  to  them  of  their  new  re-ations  and  duties ;  what  the 
government  would  do  for  them ;  that  it  would  see  that  they  had  their  wages  for  the  services 
rendered ;  then  he  enjoined  upon  them  the  duty  of  industry  and  fidelity.  These  people 
went  home,  and  several  old  citizens  with  whom  I  had  conversation  upon  the  subject 
remarked  the  improved  state  of  things  the  presence  of  the  agent  there  had  produced  upon 
the  colored  people. 

Question.  What,  as  far  as  you  have  observed,  is  the  disposition  of  the  colored  people 
with  reference  to  labor  for  which  they  are  properly  paid  ? 

Answer.  I  can  give  you  one  case  which,  I  think,  is  a  representative  one.  I  know  James 
McGill,  who  lives  at  St.  Joseph,  Louisiana  ;  who,  by  the  way,  is  a  very  conscientious  and 
upright  man,  though  he  sympathized  with  the  rebellion.  I  had  a  considerable  acquaintance 
with  him  in  the  Treasury  Department,  and  theieibre  1  allude  to  his  case  particularly.  He 
accepted  the  new  order  of  things,  and  told  those  who  had  been  his  slaves  that  they  weie 
free,  (he  had  them  drawn  up  about  him  where  he  could  address  them  ;)  that  they  could  go 
if  they  were  so  disposed  ;  but,  he  recommended  them  to  remain  with  him,  ami  said,  you 
know  whether  I  have  been  kind  to  you  when  I  was  your  master ;  you  know  whether  1  have 
treated  you  kindly  and  justly  ;  now,  I  think  it  would  be  better  for  you  to  remain  with  me; 
if  you  will  do  so  I  will  pay  you  for  your  services  so  much  a  month;  you  shall  have  ho!i;e^, 
and  I  will  make  you  just  as  comfortable  and  as  happy  as  I  can.  His  people  all  remained 
wi:h  him,  and  at  the  close  of  the  year  he  paid  them  according  to  agreement.  He  had  very 
little,  if  any,  difficulty  with  them  during  the  entire  year.  1  saw  him  last  December,  when  he 
was  about  making  new  contracts  with  his  freedmen,  and  he  said  his  people1  worked  better 
under  the  free  system  than  under  the  old  slave  system  ;  and  furthermore,  he  said  to  me  they 
did  better  this  last  year  than  they  did  the  year  before.  And  where  men  employing  them, 
treat  them  kindly,  and  pay  them  justly,  1  have  never  heard  of  any  serious  difficulty  about 
the  negro  refusing  to  labor. 

Question.  As  far  as  you  have  observed,  what  is  the  disposition  of  the  negro  in  regard  to 
education  ? 

Answer.  To  improve  every  opportunity.  That  seems  to  be  an  extravagant  statement,  and 
yet  1  can  cleliberately  and  truly  make  it. 

Question.  How  is  it  in  regard  to  saving  their  earnings ;  are  they  disposed  to  do  so,  or 
otherwise  inclined  ? 

Answer.  I  often  heard  the  remark  made  in  Natchez  that  the  negroes  have  more  green 
backs  than  the  white  people  have  in  that  city.  I  think  where  there  is  a  savings  bank,  and 
incnds  who  have  influence  with  them  n'ould  suggest  to  them  the  propriety  of  saving  their 
iii:  uiis  and  investing  them  in  United  States  bonds,  they  would  heed  such  suggestion  very 
generally  ;  but  otherwise,  I  think  they  would  be  disposed,  like  other  people  having  money,  to 
spend  it  as  other  persons  do. 

Question.  You  spoke  of  an  apprehension  about  Christmas  of  insurrection  ;  do  you  appre 
hend  any  danger  from  negro  insurrection  ? 

Answer.  None  in  the  least.  I  took  pains  to  see  Major  Reynolds,  provost  marshal  in 
Natchez,  in  reference  to  that  impression,  which  was  prevalent  even  among  seosible,  intelligent 
people  of  the  old  citizens.  In  Natchez  some  .of  the  old  citizens  went  so  far  in  their  appre 
hension  of  disturbance  about  Christmas  as  to  call  upon  Major  Reynolds  and  ask  him  to  pro 
vide  against  it.  The  major  took  a  very  sensible  course.  He  invited  several  leading  colored 
men  in  Natchez  to  call  at  his  room.  They  did  so;  and  he  asked  them  if  anything  of  that 
kind  was  in  contemplation.  The  colored  men  made  the  remark  that  there  would  be  no  in 
surrection  upon  the  part  of  the  blacks ;  if  there  were  any  insurrection  it,  would  be  gotten  up 
by  the  whites.  There  is  this  noticeable  and  lamentable  change  in  the  state  of  public  senti- 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  -119 

ment  between  last  -spring  and  the  present  winter.  I  frequently  had  occasion  to  travel  on 
the  boats  about  the  time  Mobile  fell  and  the  government  was  giving  transportation  home  to 
rebel  officers  and  soldiers,  and  on  these  boats  at  that  time  the  rebel  soldiers,  of  course,  were 
very  quiet  ami  well-behaved.  The  officers  occasionally  would  come  into  the  cabin,  but  were 
silent,  and  conducted  themselves  as  though  they  were  there  by  favor.  During  last  winter  I 
had  occasion  again  to  travel  considerably  on  boats  on  the  river,  and  the  change  was  marked  : 
rebels,  open,  bitter  and  defiant  rebels,  seemed  to  be  as  plentiful  as  blackberries,  and  rebel 
officers,  or  those  who  had  been  officers  in  the  rebel  army,  seemed  to  be  the  principal  charac- 
"  ters  on  board  the  boats.  Coming  up  the  river  in  December,  wo  had  as  passengers  a  large 
delegation  of  General  Morgan's  men,  some  of  them  most  desperate  characters,  who  had  dis 
graced  guerilla  warfare.  They  came  on  that  boat,  and  they  felt  that  they  had  been  recon 
structed  fully.  I  saw  a  letter  recently  from  a  colored  sergeant  in  New  Orleans,  written  to 
his  old  colonel  in  Waterville,  Maine.  He  said  that  when  colored  soldiers  were  mustered  out 
of  the  army  they  go  into  the  country  to  visit  their  friends,  and  they  are  subjected  to  all  kind.1? 
of  outrages — hunted,  bruised,  and  some  of  them  shot.  Here  in  New  Orleans,  if  it  is  known 
that  a  colored  man  has  been  in  the  United  States  army,  he  is  not  employed  if  it  is  possible 
to  find  a  negro  who  has  not  been  in  the  army.  And  he  adds :  "In  God  and  in  Congress  are 
all  our  hopes ;  if  they  do  not  do  something  for  us,  what  will  become  of  the  colored  man?" 

Question.  Can  you  give  the  name  of  the  person  you  met  in  the  steamboat  in  company 
with  Governor  Skarkey,  on  his  return  from  Washington? 

Answer.  That  was  Colonel  Hamilton. 

Question.  Was  he  afterwards  appointed  or  chosen  to  any  office  in  the  State?  If  so,  what. 

Aulwer.  I  am  not  aware  that  Colonel  Hamilton  received  his  commission  as  United  States 
marshal;  but  he  had  the  assurance.  He  told  me  while  in  Washington  that  he  should  re 
ceive  it. 


WASHINGTON,  March  2,  1866. 
S.  R.  Harrington  sworn  and  examined. 

By  Mr.  BOUTWELL  : 

Question.  What  is  your  age,  residence,  and  occupation  ? 

Answer.  I  am  twenty-eight  years  of  age ;  I  am  now  a  resident  of  this  city,  and  am  a 
lawyer  by  profession. 

Question.  Have  you  been,  during  or  since  the  war  of  the  rebellion,  in  Arkansas,  Missis 
sippi,  Alabama,  or  Georgia  ? 

Answer.  I  was  in  the  State  of  Arkansas  nearly  three  years  during  the  wrar,  and  have  been 
there  since. 

Question.  "When  did  you  leave  Arkansas? 

Answer.'  About  the  1st  of  December,  1665. 

Question.  In  what  capacity,  were  you  employed  after  the  surrender  of  Lee? 

Answer.  I  was  then  -out  of  the  service.  I  was  here  when  Lee  surrendered.  I  visited 
friends  in  the  north,  and  returned  to  Arkansas  in  September  last.  I  left  Arkansas  the  first 
time  in  January,  lb'65,  when  I  was  mustered  out  of  the  service. 

Question.  What  position  did  you  occupy  in  the  service? 

Answer.  I  was  major  in  the  5th  Kansas  cavalry,  and  for  a  portion  of  the  time  acting 
assistant  inspector  general  of  the  department* 

Question.  What  portions  of  Arkansas  did  you  visit  when  you  were  last  there? 

Answer.  I  was  at  Pine  Bluff,  on  the  Arkansas  river,  and  at  points  in  that  vicinity,  out 
through  the  country  among  the  citizens,  and  looking  at  plantations. 

Question.  So  fur  as  you  observed,  what  was  the  condition  of  the  people  and  tVeir  senti 
ments  and  purposes  with  reference  to  the  national  government  ? 

Answer.  They  seemed  cheerfully  to  accept  the  result  of  the  war — that  is,  the  large  majority 
of  them,  and  are  so  glad  to  have  peace  that  they  do  not  regret  the  failure  of  the  confederacy. 
I  speak  of  the  officers  who  had  served  in  the  confederate  armies.  A  great  many  of  them  told 
me  that  they  were  glad  the  Avar  had  resulted  as  it  did ;  that  they  had  been  defeated ;  that 
they  had  looked  upon  the  leaders  of  the  confederacy  at  the  commencement  as  patriots,  but 
that  now  they  had  different  views  of  them  ;  that  they  considered  their  motives  mere  selfish 
ness  and  a  desire  for  power,  and  the  moment  they  discovered  they  were  not  fighting  fur 
slavery  they  lost  confidence  in  their  leaders. 

Question.  If  it  were  possible  to  establish  the  confederacy,  would  a  majority  of  the  people 
of  Arkansas,  so  far  as  you  know,  prefer  its  establishment  to  a  continuance  of  the  Union  ? 

Answer.  I  think  a  majority  of  the  people  of  Arkansas  now  prefer  the  Union.  The  people, 
in  the  northwestern  part  of  Arkansas  especially,  are  a  poor  people,  and  owned  but  few  slaves. 
They  were  devotedly  attached  to  the  Union.  I  was  with  them  at  the  breaking  out  of  the 
war.  The  only  channel  through  which  the  leaders  could  get  them  to  espouse  the  cause  of 
the  confederacy  was  the  subject  of  the  negro.  Being  an  ignorant  people,  they  are  governed 


120  RECONSTRUCTION. 

by  their  prejudices,  and  when  the  people  were  made  to  believe  that  the  war  upon  the  part  of 
the  government  was  for  the  purpose  of  placing  the  negro  on  an  equality  with  them,  they 
seemed  willing  to  go  out  of  the  Union.  That  was  the  only  argument  used  by  the  speakers 
in  that  part  of  the  State.  Many  of  the  people,  however,  remained  loyal%  all  through  the  war, 
hundreds  of  them,  especially,  in  the  northwestern  portion  of  the  State.  *Down  on  the  cpttou 
plantations  there  is  a  different  class  of  people.  There  disloyal  sentiments  were  much  more 
prevalent  at  the  breaking  out  of  the  war.  But  I  conversed  since  the  war  with  many  of  the 
most  prominent  men,  such  as  Judge  Compton,  one  of  the  supreme  judges  of  the  State  before 
the  war,  and  he  held  the  same  position  under  the  confederate  government.  He  said  the  ques 
tion  had  been  decided  by  the  best  court  known  to  man,  the  sword,  and  tie  acquiesced  in  the 
decision,  although  ho  had  ardently  wished  it  otherwise.  There  was  a  confederate  colonel 
present^who  remarked,  ''Yes,  because  had  we  succeeded  we  would  have  gone  on  to  hell." 
There  are  a  great  many  northern  people  settling  there.  Probably  forty  ex-officers  who,servod 
with  me  have  settled  in  the  vicinity  of  Pine  Bluff,  where  they  are  farming  or  practicing  their 

Erofessious.  They  are  welcomed  by  the  citizens  with  much  more  cordiality  than  they  would 
ave  been  before  the  war.  Although  there  is  still  much  prejudice  against  the  northern  people, 
there  is  more  respect  for  them  than  before  the  war. 

Question.  Do  you  know  anything  of  the  men  from  Arkansas  who  are  here  claiming  seats 
in  Congress  ? 

Answer.  I  was  acquainted  with  Mr.  Snow,  senator  elect,  and  Colonel  Kyle,  member  of 
Congress  elect.  I  formed  their  acquaintance  during  the  war,  while  I  was  an  officer. 

Question.  Do  you  esteem  them  as  loyal  men  through  the  war  1 

Answer.  Colonel  Kyle  has  a  record  without  a  blemish.  I  had  it  from  rebels  during  the 
war,  who  said  that  he  was  always  an  old  abolitionist,  and  that  they  ought  to  have  hung  him 
before  we  came  there.  I  never  knew  that  Colonel  Kyle  professed  anything  else  than  loyalty. 
It  seems  that  many  persons  supposed  that  Mr.  Snow  was  loyal  to  the  confederacy  before  we 
came.  Mr.  Snow,  however,  was  very  glad  to  receive  us  when  we  came,  and  welcomed  us  as 
friends,  and  his  conduct  since  then,  so  far  as  I  have  known,  has  been  that  of  a  patriotic, 
loyal  man. 

Question.  According  to  your  observation,  what  is  the  condition  of  the  freedmen  in 
Arkansas  ? 

Answer.  So  far  as  my  observation  went,  there  was  universal  satisfaction  expressed  with 
General  Sprague  in  his  manner  of  conducting  the  Freedmeu's  Bureau.  There  seemed  to  be 
a  desire  that  mere  should  be  no  doubt  as  to  the  qualification  or  right  of  the  negro  to  make  a 
contract.  Some  of  the  returned  rebels  found  some  fault  with  the  test  oath,  and  some  with 
the  amendment  of  the  State  constitution,  striking  out  the  word  "free"  wherever  it  occurred, 
placing  the  white  man  and  the  negro  upon  an  equality,  so  far  as  it  regards  contract,  oath, 
&c.  There  were,  however,  different  views  in  regard  to  the  legality  of  that  act,  or  the  full 
meaning  of  it,  among  the  lawyers  of  the  State.  Some  contended  that  it  gave  the  negroes 
u  right  to  vote.  Others  contended  that  striking  out  the  word  "free"  did  not  affect  the  mat 
ter  any  way.  There  was  some  quibbling  about  that,  and  some  act  of  the  State  was  desired. 

Question.  What  would  be  the  feeling  of  the  people  of  Arkansas  in  reference  to  conferring 
upon  the  negroes  the  right  to  vote,  either  universal  or  qualified  suffrage  ? 

Answer.  A  qualified  suffrage  might  find  some  supporters,  a  very  respectable  number ; 
but  unqualified  suffrage  would  find  hardly  any  advocates.  There  is  a  strong  prejudice 
against  the  colored  man  in  that  respect. 

Question.  What  is  the  disposition  of  the  negroes  in  regard  to  work  ?  Are  they  disposed  to 
labor? 

Answer.  Yes,  sir,  and  they  are  equally  sought  for.  There  are  not  enough  there  to  perform 
the  labor  required,  so  many  of  the  cotton  plantafions  have  been  opened  up  this  year  by  north 
ern  men.  The  negroes  show  a  disposition  to  contract  with  northern  men  rather  than  with 
their  former  masters. 

Question  If  the  season  is  favorable,  what  do  you  anticipate  will  be  the  crop  this  year  in 
Arkansas,  us  compared  with  the  crops  before  the  war  ? 

Answer.  Probably  about  one-halt. 

Question.  Why  should  there  be  so  much  diminution? 

Answer.  The  plantations  have  been  so  much  destroyed  and  overgrown  with  brush  and 
vvecds,  and  the  fences  and  cotton  gins  have  been  destroyed  to  such  an  extent,  and  there 
is  such  a  scarcity  of  labor  ;  all  these  causes  will  have  their  effect. 

Question.  Dave  you  any  information  as  to  the  number  of  ineu  on  both  sides  Arkansas  has 
lost  during  the  war? 

Answer.  I  have  not. 

Question.  Of  what  State  are  you  a  native  ? 

Answer.  Of  the  State  of  New  York.  I  went  to  Kansas  in  18o5,  and  was  tL/?re  all  through 
the  troubles  there. 


AKKANS  AS — GEORGIA — MISSISSIPPI  —ALABAMA.  121 

WASHINGTON,  D.  C..  March  2,  186G. 
General  B.  H.  Grierson  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  State  your  age,  residence,  and  occupation. 

Answer.  I  am  thirty-nine  years  of  age.  I  reside  in  Jacksonville,  Illinois.  I  have  no  oc 
cupation  at  present. 

Question.  Have  you  been  connected  with  the  army  during  the  last  war ;  if  so,  for  how 
long  a  period,  and  in  what  capacity  ? 

Answer.  I  have  been,  for  nearly  five  years,  in  various  grades,  first  as  aid  to  General 
Prentiss,  afterwards  major  and  colonel  of  the  Cth  Illinois  cavalry,  and  brigadier  and  brevet 
major  general  of  volunteers. 

Question.  In  what  parts  of  the  country  have  you  been  employed  while,  in  the  military  ser 
vice  ? 

Answer.  In  Missouri,  Kentucky,  Tennessee,  Mississippi,  Louisiana,  and  Alabama.  I 
have  been  in  Georgia  also,  but  only  for  a  short  timp. 

Question,  Have  you  had  any  means  of  ascertaining  the  condition  of  the  people  in  either 
of  those  States,  and  especially  their  opinions  towards  the  national  government  since  Lee's 
surrender  ? 

Answer.  Yes,  sir. 

Question.  What  means  have  you  had,  and  what  are  the  results  of  your  observations  ? 
Answer.  About  the  time  of  Lee's  surrender  I  started  with  five  thousand  cavalry  on  an  ex 
pedition  across  the  State  of  Alabama.  From  Mobile  I  marched  into  Georgia  via  Greenville 
and  Eufaula,  Alabama,  where  I  was  stopped  by  the  news  of  the  armistice  between  General 
Sherman  and  General  Johnston.  Upon  receipt  of  official  information  of  Johnston's  surrender 
Ifenoved  with  my  command  to  Montgomery,  Alabama,  and,  after  Taylor's  surrender,  marched 
from  there  to  Columbus,  Mississippi,  a  distance  altogether  of  about  seven  hundred  miles.  I 
think  I  had  good  opportunities  to  judge  the  people  of  the  south  correctly  at  that  time  and 
since. 

Question.  When  did  you  leave  Alabama  ? 

Answer.  In  a  short  time  after  my  arrival  at  Columbus,  Mississippi,  I  was  ordered  to  New 
Orleans  to  organize  a  force  for  Texas.  About  the  time  I  was  ready,  the  rebels  surrendered 
there  also.  I  then  solicited  an  order  to  go  home,  as  the  war  was  over ;  and  I  was  afterwards 
ordered  to  return  to  Alabama.  I  reported  to  General  Woods,  commanding  department  of 
Alabama,  on  the  16th  of  September,  and  was  placed  in  command  of  the  district  of  Huuts- 
ville.  I  remained  in  command  until  the  17th  of  January,  I860,  and  did  not  leave  Alabama 
until  about  the  1st  of  February.  At  the  time  of  the  surrender  of  Lee  and  Johnston  my  im 
pression  of  the  people  there  was,  that  they  were  willing  to  accept  almost  any  terms  which 
might  be  granted  to  them  by  the  government.  There  appeared  to  be  great  fear  manifested 
by  them  that  all  their  property  would  be  confiscated,  and  that  possibly  they  would  not  be 
allowed  to  remain  in  the  country.  That  appeared  to  be  the  feeling  among  the  wealthy  and 
influential  classes.  I  think  at  that  time  they  would  have  been  willing  to  accept  any  terms 
granted  to  them  ;  but  they  have  grown,  from  time  to  time,  more  exacting  in  theiv  demands. 
Many  of  them  had  the  appearance,  at  first,  of  acepting  the  situation,  and  of  being  willing 
to  abide  the  result.  This  was  particularly  the  case  with  the  private  soldiers  and  poorer 
classes  of  the  south.  There  were,  of  course,  a  few  of  the  wealthier  classes  who  felt  very 
bitter,  and  talked  a  good  deal  about  leaving  the  south  entirely,  and  about  not  being  willing 
to  remain  there,  offering  to  sell  their  property  at  reduced  prices.  I  think  that,  instead  of 
growing  more  willing  to  accept  the  situation,  they  are  showing  a  more  intense  feeling  of  bit 
terness  towards  the  government.  I  speak  o'f  the  leading  men  more  particularly.  They  do 
not  appear  to  think  that  they  have  done  anything  wrong.  Their  only  regret  seems  to  be 
that  they  had  not  the  means  to  carry  out  their  designs. 

Question.  Is  the  feeling  of  hostility  to  the  government  a  feeling  which  controls  a  great 
majority,  or  only  a  minority  of  the  people  in  the  region  of  which  you  have  spoken  ? 

Answer.  It  is  the  feeling  of  the  majority.  At  the  time  of  the  appointment  of  the  civil 
officers,  a  great  many  of  those  who  had  served  during  the  rebellion  were  reap  pointed  ;  there 
was  hardly  a  loyal  man  appointed  to  any  civil  office  ;  I  do  not  know  one  who  was.  That, 
of  course,  indicates  the  feelings  of  the  people.  Then  previous  to  the  election,  officers  were 
stationed  at  different  points  to  administer  the  amnesty  oath ;  but  a  great  many  would  not 
take"  it,  and  voted  at  the  election  without  regard  to  it.  In  many  of  the  counties  their  votes 
were  taken  without  question.  All  who  were  elected  were,  so  far  as  I  know,  men  who  had 
sympathized  with  the  rebellion;  many  of  them  had  been  in  the  rebel  army,  and  were  bitter 
in  their  feelings  against  the  United  States  government. 

Question.  To  what  do  you  attribute  the  change  of  sentiment  between  the  time  of  Lee's 
surrender  and  later  on  ? 

Answer.  That  would  be  only  a  matter  of  opinion.  I  think  that  if  the  disloyal  had  been 
dealt  with  more  severely,  there  would  have  been  less  dissatisfaction  and  more  loyalty  in  the 
south  to-day.  Their  demands  have  steadily  increased.  At  the  time  I  left,  they  complained 
that  their  congressmen  were  not  admitted,  and  they  seemed  to  think  that  on  that  account 
they  were  au  injured  people.  I  think  that  every  congressman  elected  in  the  State  of  Ala- 


122  RECONSTRUCTION. 

bama  was  elected  for  his  devotion  to  the  cause  of  the  rebellion ;  some  of  them  served  at 
Richmond  as  congressmen,  and  others  as  officers  in  the  rebel  army:  but  in  no  case,  that  I 
know  of,  was  a  loyal  man  elected.  The  truly  loyal  people  of  Alabama  do  not  wish  the 
present  elected  congressmen  and  senators  from  that  State  admitted  into  Congress. 

Question.  •  Do  you  know  anything  of  secret  organizations  among  the  rebels  1 

Answer.  I  have  carefully  studied  and  considered  that  matter,  and  from  many  things  that 
I  have  noticed — a  general  murmuring  in  the  south,  and  a  great  anxiety  to  organize  the 
militia,  and  to  get  rid  of  the  army  and  the  Freedmen's  Bureau — I  think  there  are  such  or 
ganizations.  Of  course  I  only  give  my  opinion  on  that  subject  from  everything  I  could 
learn,  and  from  studying  the  southern  people. 

Question.  What  should  you  anticipate  as  the  result  of  the  withdrawing  of  the  military  and 
of  the  Freedmen's  Bureau  ? 

Answer.  I  do  not  think  it  would  be  right ;  I  think  it  would  result  in  great  injustice  and 
injury  to  the  colored  people,  and  also  to  the  poorer  classes  of  whites,  and  all  loyal  white 
men  at  the  south. 

Question.  Do  you  know  whether  there  is  any  expectation  on  the  part  of.  people  in  that 
section  of  the  country  that  they  are  to  be  compensated  in  any  way  for  their  slaves,  or  for 
their  other  losses  incurred  during  the  war? 

Answer.  Yes,  sir;  there  is  a  great  feeling  of  that  kind;  they  seem  to  think  that  their 
property  has  been  stolen  from  them  by  the  government ;  they  do  not  accept  the  condition  of 
the  freedmen.  In  many  places  where  there  are  no  troops,  I  have  known  instances  of  ne 
groes  being  forced  to  call  their  former  owners  masters,  as  heretofore,  and  of  their  being  told 
that,  when  the  troops  were  removed  they  would  be  again  forced  into  slavery  ;  that  they 
would  be  just  as  much  slaves  as  ever. 

Question.  So  far  as  you  have  observed,-  what  is  the  disposition  of  the  negroes  in  regard  to 
work,  if  they  are  properly  paid  ? 

Answer.  I  have  been  very  agreeably  disappointed  in  regard  to  that.  I  found  the  negroes 
much  more  willing  to  work,  and  less  disposed  to  depend  upon  the  aid  of  the  government, 
than  I  had  supposed  they  would  be.  I  have  been  surprised  to  see  them  go  to  work  so  freely 
and  cheerfully  I  did  not  expect  that  a  whole  system  of  labor  could  be  changed  at  once,  as 
it  were,  and  have  so  few  evil  results.  I  feared  that  a  very  large  number  of  the  negroes 
would  have  to  be  fed  and  supported  a  long  time  by  the  government;  but  perceiving  their 
anxiety  to  get  work,  and  their  willingness  to  work  for  those  who  they  think  will  pay  them 
promptly,  I  have  changed  my  mind  entirely  in  regard  to  that  matter. 

Question.  Is  it  your  opinion  that  the  negroes,  if  they  had  a  fair  chance,  will  be  a  self-sup 
porting  people? 

Answer.  Yes,  sir. 

Question.  What  is  their  disposition  in  regard  to  education  ? 

Answer.  They  are  manifesting  a  wonderful  desire  to  learn  to  read.  They  have  scarcely  a 
leisure  moment  that  you  cannot  see  them  with  a  book  in  their  hand  learning  to  re-ad,  par 
ticularly  those  who  have  been  soldiers  or  servants. 

Question.  Have  you  any  apprehension  that  the  influence  of  the  negroes,  whether  they  arc 
or  are  not  permitted  to  vote,  would  be  thrown  against  the  government  under  any  circum 
stances  ? 

Answer.  Never,  sir;  in  my  opinion  I  think  they  are  true.  During  my  whole  service  in 
the  army  I  have  never  yet  found  a  negro  who  was  not  true  to  the  country.  They  were  always 
ready  and  willing  to  give  information  cheerfully — many  times  information  of  great  value  to 
the  service. 

Question.  Do  they  generally  understand  the  nature  of  the  controversies  in  their  leading 
particulars  between  the  south  and  the  north? 

Answer.  Yes,  sir ;  they  have  manifested  a  great  deal  more  intelligence  than  they  have  got 
credit  for.  In  my  trip  through  Mississippi  I  found  in  the  centre  of  the  State  negroes  run 
ning  away  from  their  masters  with  no  vague  conception  of  freedom,  I  assure  you.  They 
had  a  knowledge  that  the  government  was  what  they  should  stand  by. 

Question.  What  is  the  disposition  of  the  negroes  in  regard  to  acquiring  lauds  and  getting 
homes  ? 

Answer.  They  desire  it,  and  they  desire  to  remain  where  they  have  lived  heretofore.  They 
seem  to  be  attached  to  their  former  homes  or  localities. 

Question.  What  is  the  disposition  of  the  white  people  in  regard  to  allowing  negroes  to  be 
come  land  owners? 

Answer.  They  do  not  favor  it.  The  slaveholders  felt*  some  responsibility  for  the  negroes 
when  they  were  slaves,  but  they  have  thrown  that  off  entirely  now.  They  say  :  "  The  gov 
ernment  treed  you,  and  now  let  the  government  take  care  of  you."  In  hiring  negroes  they 
try  to  hire  those  who  have  no  old,  or  young,  or  feeble  persons  depending  on.  them.  Former 
slave  owners  will  not  lease  or  sell  laud  to  negroes. 

Question.  Do  you  apprehend  a  negro  insurrection  in  case  the  negroes  are  not  properly 
treated  ? 

Answer.  I  think  the  negroes  have  shown  a  remarkable  degree  of  patience,  although  many 
of  them  have  been  brutally  treated  since  the  surrender.  They  have  manifested  no  disposi 
tion  to  rise  in  rebellion.  The  whites  were  alarmed  about  Christmas.  They  feared  that  there 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  12  3 

would  be  a  negfo  insurrection.  The  negroes  believed  that  land  was  to  be  given  to  them, 
and  that  they  would  be  aided  and  helped  by  the  government,  and  the  people  rather  construed 
that  into  an  opinion  that  the  negroes  would  rise  up  in  arms  against  them ;  but  1  did  not  see 
any  evidence  to  justify  any  such  fear. 

Question.  If  Alabama  and  Mississippi  should  be  restored  to  political  power  in  the  govern 
ment  of  the  country,  and  if  the  elective  franchise  were  left  exclusively  in  the  hands  of  the 
white  people  of  those  States,  what  should  you  expect  would  be  the  political  character  of  the 
representatives  from  those  States  in  regard  to  the  payment  of  the  national  debt,  the  preser 
vation  of  the  Union,  and  the  assumption  of  their  own  debts  ? 

Answer.  I  think  there  is  a  great  desire  manifested  by  them  for  the  assumption  of  their  debt. 
They  wish  to  bring  that  about,  and  many  desire  to  be  paid  for  their  slaves.  I  think  they 
would  oppose  the  payment  of  the  national  debt.  I  think  they  tyave  no  patriotism  for  the 
Union.  They  appear  to  be  nOw  as  much  devoted  to  the  cause  of  the  rebellion  as  they  -were 
during  the  war.  They  appear  to  accept  the  situation  because  they  cannot  do  anything  else 
at  present,  not  because  they  are  satisfied  with  it.  I  think  that,  if  another  election  were  held 
for  congressmen  and  senator!,  they  would  elect  men  who  are  even  stronger  in  their  senti 
ments  for  the  south  and  against  the  government  than  those  heretofore  elected.  They  did  in 
some  cases  try  to  pick  men  who  would  not  be  objectionable  in  every  respect ;  but  I  think 
these  men  now  would  be  objectionable  to  the  southern  people.  I  infer  this  from  a  great 
many  things.  For  instance,  all  employes  of  railroad,  telegraph,  and  express  companies  who 
were  loyal  to  the  government,  are  having  their  "heads  cut  off"  and  their  places  filled  by 
sympathizers,  with  the  rebellion,  many  of  them  heretofore  officers  in  the  rebel  service.  I  have 
received  a  letter  from  a  telegraph  operator  who  had  been  in  the  south  d wring  the  whole  war,  and 
who  had  married  a  southern  woman,  stating  that  they  were' removing  all  employes  not  decid 
edly  in  favor  of  the  confederacy,  and  putting  in  their  places  those  who  were ;  and  he,  knowing 
thai,  his  turn  was  coming,  resigned  his  position  and  wrote  to  me  to  know  if  I  could  get  him 
some  position  at  the  north.  He  states  that  to  be  the  rule  adopted.  It  had  been  carried  out  in 
many  cases  before  I  left  Alabama. .  At  the  time  of  the  surrender,  and  even  after  that,  they 
manifested  a  disposition  rather  to  divide  this  thing;  but  that  is  entirely  changed.  , 

Juestiou.  So  far  as  you  know,  how  do  Alabama  and  Mississippi  compare  with  Georgia 
Tennessee  in  the  particulars  of  which  you  have  spoken  1 

Answer.  I  think  there  is  not  very  much  difference.  If  any,  it  is  in  favor  of  Tennessee.  I 
think  that  Tennessee  is  rather  the  more  loyal  State. 

Question.  If  you  have  any  facts  or  views  that  you  have  not  stated,  you  may  state  them 
now. 

Answer.  I  have  mentioned  something  in  regard  to  organizing  the  militia.  There  seems  to 
be  a  great  desire  on  the  part  of  the  southern  people  for  that,  and  to  remove  the  Freedmen's 
Bureau.  There  is  an  intense  hatred  to  the  Freedmen's  Bureau  and  to  its  officers.  It  is  looked 
upon  as  a  disgrace  in  that  country,  by  those  who  now  control  it,  to  belong  to  the  federal  army ; 
but,  on  the  ovher  hand,  to  have  been  an  officer  in  the  confederate  army  is  a  passport  to  soci 
ety  everywhere  throughout  the  south.  I  believe  that  if  the  militia  system  were  carried  out,  it 
would  be  organized  into  brigades  and  divisions,  and  would  be  officered  throughout  by  rebel 
officers.  I  tried  every  way  I. could  to  get  correct  information  of  the  people,  and  to  judge 
them  without  any  unkind  feeling.  I  hoped  that  they  would  be  loyal,  or  at  least  that  they 
would  accept  the  situation  sincerely  ;  but  I  am  satisfied  that  they  do  not.  I  believe  that  there 
is  an  organization  existing  now  throughout  the  south  for  the  renewal  of  the  lebeilion.  Many 
circumstances  -or  things  which  have  occurred  since  the  surrender  make  me  believe  so.  I  have 
a  statement  from  a  reliable  man  that  one  of  the  present  State  representatives  of  Alabama 
said  that  an  organization  did  exist  throughout  the  whole  south  for  that  purpose,  and  I 
learned  from  other  parties  that  the  "Historical  Society"  has  something  to  do  with  it.  You 
may  have  observed  notices  of  very  large  attendances  at  Historical  Society  meetings  in  Georgia 
aud  Alabama.* 

Question.  Did  you  have  any  interview  with  Governor  Parsons,  Governor  Sharkey,  or  Gov 
ernor  Pattoii  while  you  were  in  Alabama  or  Mississippi? 

Answer.  Xo,  sir.  Governor  Pattou  was  in  Huntville  while  I  was  in  command,  but  he  did 
not  call  at  headquarters.  He  seemed  to  be  congratulating  the  people  in  regard  to  hi<  success 

*  The  following  order  of  Governor  Humphreys  of  Mississippi,  published  in  the  New  Orleans  Pkuyune,  has 
been  received  since  the  examination  of  General  Grierson: 

EXECUTIVE  OFFICE,  Jackstn,  Miss.,  February  9,  1866. 

SIR  :  Your  suggestion,  recommending  the  organization  of  Historical  Societies  in  each  couuty  of  ihe  State, 
must  meet  the  cordial  approbation  of  the  people. 

The  actors  in  the  great  tragedy  of  the  revolution  are  fast  passing  away,  and  much  valuable  information  must 
be  lost  by  delay.  One  side  of  the  story  has  been  written — truth  has  been  hushed  by  the  dumb  eloquence  of 
numbers  aud  the  flush  of  success  ;  the  world's  verdict  is  rendered  against  the  South  and  her  people.  Through 
the  labor  of  thes»e  societies,  durable,records,  in  the  form  of  maps,  charts,  and  diagrams  of  the  movements  aud 
counts-movements  of  both  armies — minute  details  of  battles,  skirmishes,  robberies,  conflagration.-,  and  van 
dalism — together  with  the  heroic  part  acted  by  our  brave  people,  will  be  transmitted  to  posterity,  to  whom  we 
appeal  for  the  vindication  of  the  truth  of  history  and  the  rectitude  of  our  cause. 
Very  respectfully,  your  obedient  servant, 

BENJ.  G.  HUMPHREYS,  Governor  of  Mississippi, 
Col.  J.  L.  POWER,  Superintendent  Army  Records. 


124  RECONSTRUCTION. 

•with  General  Thomas  as  to  the  removal  of  troops  from  there,  and  as  to  the  organization  of 
the  militia.  He  told  them  it  would  be  organized  immediately.  In  fact,  he  appointed  colonels 
to  whom  he  was  to  send  commissions  ;  and  I  think  before  that  Governor  Parsons  had  ulso 
sent  commissions  to  them. 

Question.  What  were  the  antecedents  of  the  men  thus  commissioned  ? 

Answer.  So  far  as  I  know,  they  were  officers  of  the  late  rebel  army. 

Question.  Is  there  any  public  sentiment  in  the  country  of  which  you  have  spoken  in  regard 
to  a  foreign  war.  If  so,  what  is  it,  and  what  are  the  ideas  entertained  ? 

Answer.  They  seem  to  manifest  a  great  desire  to  have  this  country  involved  in  a  war  with 
France  in  regard  to  Mexico.  I  think  that,  as  a  general  thing,  in  case  of  such  an  event,  they 
would  seize  that  opportunity  to  turn  against  the  government.  Of  course,  there  are  exceptions, 
but  that  is  the  true  sentiment  of  the  leading  people  of  the  south,  or  of  those  there  who  have 
a  controlling  influence;  a»ud  it  is  my  firm  belief,  after  all  I  have  been  able  to  learn  of  the 
southern  people  during  the  Avar  and  since  the  surrender,  that  the  spirit  of  resistance  still  exists 
there  as  strong  as  ever,  and  that,  in  the  event  of  this  country  engaging  in  a  foreign  war,  the 
enemies  of  the  government  of  the  United  States  throughout  the^  south  do  meditate,  and  will 
not  fail,  to  seize  that  opportunity  to  attempt  again  its  destruction.  • 


WASHINGTON,  March  6,  1866. 

Lieutenant  Colonel  Charles  A.  Henry  sworn  and  examined. 

By  Mr.  BoimvELL : 

Question.  What  is  your  ago,  residence,  and  occupation  ? 

Answer.  I  am  thirty-four  years  of  age ;  I  was  formerly  a  physician,  but  am  now  a  mer 
chant  by'occupation ;  I  am  residing  in  Arkansas  myself,  but  my  family  are  at  present  living 
near  Cincinnati. 

Question.  Have  you  been  in  the  service  of  the  government  since  Lee's  surrender ;  and  if 
so,  where? 

Answer.  I  have  been  in  service  in  the  department  of  Arkansas  until  the  19th  of  October, 
1865,  headquarters  at  Little  Rock,  as  chief  quartermaster  of  the  7th  army  corps,  with  the 
rank  of  lieutenant  colonel. 

Question.  What  opportunities  have  you  had,  since  the  war  of  the  rebellion  ceased,  of  ascer 
taining  the  condition  of  the  people  of  Arkansas,  and  their  opinions  upon  political  matters? 

Answer.  I  have  been  in  very  familiar  communication  with  the  Union  party  of  the  State. 
I  was  identified  with  them  in  their  State  organization  of  18G3  and  18b'4.  My  office  was 
somewhat  of  a  rendezvous  for  them.  Part  of  the  business  of  the  people  of  the  State  of  Ar 
kansas  with  the  quartermaster's  department  was  done  by  me  at  my  office  at  Little  Rock.  I 
am  personally  acquainted  with  nearly  all  the  prominent  men  in  the  State,  both  of  the  Union 
and  of  the  rebel  clement. 

Question.  Considering  all  the  voting  population  of  Arkansas,  without  reference  to  the  fact 
whether  they  participated  in  the  rebellion  or  not,  would  the  majority  be  for  the  confederacy, 
if  it  was  possible  to  establish  it,  or  for  the  union  of  the  United  States  ? 

Answer.  So  far  as  my  knowledge  goes,  I  think  there  are  very  few  people  in  Arkansas  who 
would  be  in  favor  of  restoring  the  confederacy.  A  great  many  of  the  men  who  were  promi 
nent  in  the  rebellion  have  expressed  themselves  as  convinced  that  they  had  made  a^great 
mistake  in  going  into  the  rebellion,  and  are  now  anxious  to  become  citizens  of  the  United 
States  in  good  faith.  Major  General  Fagaii,  of  the  rebel  army,  who  commanded  the  rebel 
department  of  Arkansas;  Governor  Rector,  who  was  governor  of  the  State  at  the  time  of  the 
passage  of  the  ordinance  of  secession ;  Governor  Fannigau,  AV!IO  succeeded  him  in  that  office  ; 
Mr.  Garland,  who  was  a  member 'o"F  the  confederate  senate,  and  several  other  men  occupying 
prominent  positions,  have  expressed  themselves  as  having  become  sensible  that  they  hod 
made  2  great  mistake.  Fagaii  and  Garland  were  Union  men  up  to  the  passage  of  the  ordi 
nance  of  secession ;  after  that  they  went  into  the  military  and  civil  service  of  the  confederacy. 
Rector  and  Faiinigan  were  original  Calhouu  men. 

Question.  Are  these  men  now  confided  in  by  the  people  who  have  been  loyal  all  the  time 
during  the  war? 

Answer.  There  is  a  disposition  on  the  part  of  the  Union  people  in  Arkansas  to  receive  in 
good  faith  the  assertions  of  these  men,  but  not  for  the  purpose  of  making  them  prominent 
before  the  people.  There  is  no  disposition  on  the  part  of  the  Union  men  in  Arkansas  to  con 
fer  office  upon  those  who  have  been  in  the  rebel  service  ;  we  are  Avilling  to  have  them  come 
into  our  church  as  conVerts,  but  are  disposed  to  let  them  occupy  back  scats  for  some  years  to 
come,  as  in  the  case  of  General  Gantt.  General  Gantt  has  been  a  great  deal  of  service  to 
the  Union  clement  since  ho  left  the  confederacy,  some  three 'years  ago;  but  he  has  never 
been  an  applicant  for  office  in  the  State. 

Question.  When  was  the  last  election  in  Arkansas? 

Answer.  In  October,  leiio. 

Question.  For  the  election  of  what  officers  was  it  held  1 


ARKANSAS GEORGIA — MISSISSIPPI — ALABAMA.  125 

Answer.  For  the  election  of  members  of  Congress,  and,  I  think,  to  fill  a  few  vacancies  in 
county  offices ;  but  the  election  was  principally  for  members  of  Congress,  as  Governor  Mur 
phy  had  failed  to  call  an  election  in  the  spring. 

Question.  How  did  the  aggregate  vote  at  that  election  compare  with  tho  number  of  white 
persons  in  the  State,  males,  over  twenty-one  years  of  age? 

Answer.  The  vote  was  a  small  one.  I  left  Little  Rock  a  few  days  prior  to  thf  election, 
but  the  conviiss  was  nearly  completed  before  I  left.  After.  I  returned  to  Little  Reck,  in  De 
cember,  I  understood  that  the  vote  was  light,  and  I  was  satisfied  that  it  would  be. 

Question.  To  what  was  that  due? 

Answer.  To  the  fact  that  the  Union  party  had  very  little  confidence  that  tho  members 
would  be  admitted  into  Congress ;  Mr.  Johnson  and  other  members  elect  had  been  liere  for 
two  sessions  without  being  admitted,  and  the  Union  people  felt  somewhat  discouraged  at  the 
prospect.  Those  men,  it  is  true,  had  received  their  mileage,  but  had  not  been  admitted  to 
their  seats.  In  the  city  of  Little  Rock  alone  there  could  have  been  polled  500  or  GOO  more 
votes  for  the  Union  candidate  if  it  had  been  deemed  necessary. 

Question.  When  was  the  last  election  for  governor  and  members  of  the  legislature? 

Answer.  March  14,  ]864. 

Question.  Is  there  another  election  to  be  held  during  the  present  month? 

Answer.  No ;  there  is  an  election  to  be  held,  I  think,  in  August  for  members  of  the  lower 
house  of  the  legislature,  who  are  elected  for  two  years  only. 

Question.  Do  you  know  what  was  the  aggregate  vote  at  the  election  in  1864  ? 

Answer.  It  was  between  12,000  and  12,500. 

Question.  What  proportion  was  that  of  the  voting  population  of  the  State  at  that  time? 

Answer.  At  the  presidential  election  in  1860  the  vote  was  54,000  and  some  hundreds. 
That  election  probably  brought  out  all  the  vote  in  Arkansas,  as  there  was  a  great  deal  of 
bitterness  in  the  canvass  between  the  Douglas,  the  Bell-Everett,  and  Breekinridge  men.  At 
the  election  in  March,  1864,  for  governor,  State  officers,  and  members  of  the  legislature,  we 
estimated  that  tho  Union  candidates  received  a  majority  of  the  actual  voters  then  present  in 
the  State  of  Arkansas. 

Question.  How  do  you  account  for  the  loss  which  that  indicated  ? 

Answer.  By  emigration  to  the  north,  both  forced  and  voluntary,  of  the  Union  element,  and 
by  the  absence  in  the  State  of  Texas  and  other  States  south  of  persons  in  the  rebel  military 
and  civil  service.  We  estimated  that  there  could  not  have  been  half  the  voting  population 
in  Arkansas  at  that  time  that  there  was  in  1860. 

Question.  Has  there  been  an  increase  of  the  voting  population  since  1864 ;  and  if  so,  to 
what  extent,  and  from  what  sources  ? 

Answer.  There  has  been  quite  a  large  increase  by  the  return  of  men  of  both  parties — those 
who  were  originally  Union  men,  and  those  who  were  originally  rebels.  The  dispersing  of  the 
rebel  army  has  thrown  several  thousands  of  men  back  into  the  State.  Ancl  there  has 
been  comparatively  quite  a  large  northern  immigration  into  Arkansas  since  hostilities  ceased. 

Question.  What  do  you  estimate  the  voting  population  of  Arkansas  to  be  at  this  time  ? 

Answer.  When  I  was  in  Arkansas,  in  January  last,  Governor  Murphy,  Secretary  White, 
Judge  Caldwell,  United  States  judge,  and  myself,  spent  a  great  deal  of  time  together  in  can 
vassing  these  matters,  and  the  genera]  opinion  appeared  to  be  that  we  ought  to  have  about 
40,000  voters  in  the  State.  It  is  impossible  to  tell  exactly,  without  a  census.  Some  portions 
of  the  State  have  lost  very  heavily,  and  the  population  has  not  been  replaced.  A  great  many 
men  have  been  killed  on  both  sides  in  Arkansas  during  the  war.  General  Bishop,  the  pres 
ent  adjutant  general  of  the  State,  and  Governor  Murphy  assured  me  that  the  record  showed 
that  nearly  17,000  Arkansians  had  been  in  the  federal  service.  In  addition  to  the  soldiers  in 
the  Arkansas  regiments,  several  thousand  volunteered  in  the  Missouri,  Kansas,  and  other 
regiments  that  were  in  Arkansas  prior  to  the  formation  of  the  Arkansas  regiments. 

Question.  Do  you  know  how  many  went  into  the  rebel  service? 

Answer.  The  number  of  rebel  Arkansas  regiments  was  some  forty-odd;  I  do  not  remember 
whether  it  was  43,  45,  or  47.  I  know  we  captured  a  Colonel  Baker,  of  the  40th  regiment,  at 
the  battle  of  Marais  du  Cygnes.  They  numbered  up  to  and  over  forty  regiments  from  the 
commencement  of  the  war  until  the  close,  but  a  portion  of  thenj  were  one-year  men. 

Question.  Of  how  many  men  did  the  rebel  regiments  consist? 

Answer.  It  was  intended  that  they  should  consist  of  a  thousand  men  each,  but  I  under 
stand  that  they  wqre  never  very  full ;  they  were  usually  small  regiments.  I  know  that  when 
we  met  them  in  battle  we  usually  had  as  many  men  in  a  regiment  as  they  had  in  a  brigade. 
They  accounted  for  that  by  saying  that  their  men  deserted.  We  received  thousands  of  men 
in  our  regiments  who  were  deserters  from  the  rebel  Arkansas  regiments. 

Question.  What  number  of  Arkansas  men  do  you  think  actually  went  into  the  rebel  service 
during  the  war  ? 

Answer.  It  is  impossible  for  me  to  state,  except  in  the  way  of  an  opinion.  , 

Question.  Well,  give  your  opinion. 

Answer.  I  have  an  idea  that  there  must  have  been — conscripts  and  volunteers — in  the 
neighborhood  of  30,000  men  from  the  State  of  Arkansas  in  the  rebel  service,  as  Hindman 
made  a  very  rigid  conscription  ;  but  I  have  no  positive  evidence  to  that  effect. 

QiiBStion.  Did  any  colored  men  from  Arkansas  go  into  the  Union  service? 


126  RECONSTRUCTION. 

Answer.  Yes,  sir;  six-regiments,  I  think. 

Question.  Regiments  of  a  thousand  men  each  ? 

Answer.  They  numbered  a  thousand  each,  originally,  but  they  were  reduced  by  disease 

and  losses  in  some  few  engagements.     Tlfc  negro  regiments  that  we  had  in  service  in  our 

corps  who  did  the  most  fighting  were  the  1st  and  2d  Kansas  colored  regiments.    We  had 

them  on  the  Red  river  expedition  when  we  undertook  to  effect  a  junction  with  General  Banks. 

»  They  acted  with  great  gallantry  at  the  battles  of  Pison  Springs  and  Jenkins's  Ferry. 

Question.  Has  the  colored  population  of  Arkansas  been  materially  diminished  during  the 
war? 

Answer.  Yes,  sir. 
'    Question.  To  what  extent,  do  yon  suppose? 

Answer.  Governor  Murphy  thinks  that  there  are  not  more  than  one-half  the  colored  men 
in  the  State  now  that  there  was  before  the  war.  I  am  unable  to  tell  how  that  is,  for  I  have 
no  knowledge  of  thft  number  of  colored  population  there  before  the  war,  except  from  the  last  cen 
sus,  which  shows  that  there  were  about  1 12,000  negroes  in  Arkansas  in  ]&60.  My  judg 
ment  is  that  there  cannot  be  more  than  half  that  number  in  the  Stute  at  the  present  time. 

Question.  How  do  you  account  for  the  loss? 

Answer.  A  great  many  have  been  lost  by  disease ;  a  great  many  have  gone  off  into  Kan 
sas  and  Missouri ;  a  great  many  went  to  Memphis ;  they  are  scattered  all  along  the  Upper 
Mississippi  river.  A  great  many  left  the  State  as  the  servants  of  officers,  and  got  off  in  that 
way. 

Question.  What  is  generally  the  condition  of  the  negroes  in  Arkansas  ? 

Answer.  I  think  they  are  pretty  comfortable.  There  is  very  little  suffering  among  them 
as  a  class. 

Question.  Are  they  generally  at  work  ? 

Answer.  Yes,  sir.  In  July  or  August  last  I  sent  out  a  provost  guard  to  pick  up  idle  con 
trabands  in  Little  Rock  to  put  on  my  trains  as  teamsters.  The  provost  marshal  of  the  Freed- 
men's  Bureau  sent  out  a  negro  guard  to  pick  up  all  negroes  that  had  no  passes.  In  the 
limits  -of  Little  Rock  they  found,  I  think,  43  men.  Of  these,  we  released  all  but  twenty- odd, 
the  parties  for  whom  they  were  at  work  having  come  forward  and  shown  that  it  was  Wing 
to  carelessness  on  their  part  that  the  negroes  had  been  found  without  passes. 

Question.  Do  you  consider  that  a  large  or  small  number  ? 

Answer.  Well,  sir,  there  were  several  thousand  negroes  in  the  city  and  vicinity  at  that 
time.  I  could  have  found  2,500  idle  white  men  there.  When  I  left  Little  Rock  there  were 
over  a  thousand  able-bodied  negroes  in  the  city.  I  had  in  my  employ  between  300  and  400. 

Question.  When  you  speak  of  2,500  white  men  being  idle,  do  you  mean  men  who  ought, 
from  their  condition  in  life,  to  have  been  at  work  ? 

Answer.  I  do  not  mean  that  they  -all  had  no  visible  means  of  support ;  but  I  should  say 
that  half  that  number  were  of  that  class — (refugees,  paroled  rebel  soldiers,  and  camp  fol 
lowers  mostly.)  A 

Question.  What  is  the  condition  of  the  negroes  in  Arkansas  as  to  intelligence  and  a  dispo 
sition  to  acquire  knowledge  ? 

Answer.  So  far  as  my  experience  goes,  they  arc  all  very  anxious,  to  learn  to  read  and 
write.  I  have  noticed  that  the  great  body  of  those  I  have  come  in  contact  with  have  a 
spelling-book  about  them  somewhere ;  and  I  learn  from  officers  of  colored  regiments  that  the 
great  majority  of  the  soldiers  in  their  regiments  are  learning  to  read  and  write.  Colonel 
Hudson,  of  the  60th  colored  regiment,  told  me  that  all  his  orderly  sergeants  were  able  to 
make  out  their  morning  reports,  and  that  none  of  them  could  do  it  when  they  entered  the 
service.  •  I  have  been  told  by  officers  of  colored  regiments  at  Little  Rock  that  they  had  sev 
eral  men  in  their  regiments  whom  they  could  detail  as  clerks,  who  had  acquired  a  knowledge 
of  reading  and  writing  since  they  had  been  in  the  service.  So  far  as  I  have  seen  there  set-ins 
to  be  a  general  disposition  on  the  part  of  the  colored  population  of  Arkansas  to  learn  to  read 
and  write  when  they  get  the  opportunity,  and  they  most  all  find  the  opportunity. '  The 
schools  in  Little  Rock  are  very  full.  I  attended  one  of  then*  exhibitions  there,  with  Major 
General  Reynolds  and  staff,  upon  the  invitation  of  the  superintendent.  The  children  pre 
sented  about  the  same  appearance  as  that  presented  by  children  of  the  same  age  in  schools  in 
the  western  States,  so  far  as  reading  and  spelling  were  concerned. 

Question.  What  is  the  disposition  of  the  old  settlers  in  Arkansas  towards  the  negroes  ? 

Answer.  So  far  as  uiy  knowledge  goes,  there  is  no  bad  feeling  existing  Cowards  the  negroes 
on  the  part  of  men  who  formerly  owned  them.  The  great  anxiety  seems  to  be  to  get  them  to 
work  for  them.  They  appear  to  realize  what  is  really  the  case,  that  if  they  fail  to  treat  the 
negroes  kindly  they  will  be  unable  to  secure  their  services  in  the  future. 

Question.  What  wages  are  paid  the  negroes  this  year  ? 

Answer.  I  am  not  positive,  as  the  wages  were  fixed  by  General  Sprague  for  the  coming 
p    year  while  I  was  absent  from  the  State.     Last  year  their  wages  were  $25  a  mouth. 

Question.  Did  that  include  their  support  ? 

Answer.  The  party  who  hired  furnished  rations  and  the  house  to  live  in.  It  was  consid 
ered  an  exorbitant  price  by  the  parties  who  hired ;  they  said  they  were  unable  to  make  any 
money  at  raising  cotton  at  those  wages. 

Question.  Is  there  more  or  less  land  put  into  cotton  this  year  than  there  was  last  ? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  127 

Answer.  There  was  not  near  as  much  fast  year  as  this  year.  The  only  land  put  into 
cotton  last  year  was  in  the  vicinity  of  our  posts.  This  year  most  all  the  cotton  lauds  in  the 
State  are  put  into  cotton,  with  the  exception  of  those  near  the  Mississippi  where  the  levees 
have  been  broken.  I  believe  there  will  be  nearly  as  much  cotton  raised  this  year  as  there 
was  in  IcOO.  A  great  many  officers  of  the  army  have  settled  in  Arkansas  and  are  engaged 
in  raising1  cotton,  and  I  know  of  no  instance  where  they  have  been  molested. 

Question.  What  is  the  disposition  of  the  people  of  Arkansas  in  regard  to  allowing  negroes 
to  vote  ? 

Answer.  I  do  not  think  a  proposition  of  that  kind  submitted  to  the  people  would  be  agreed 
to.  There  are  some  men  in  the  State  in  favor  of  it.  I  advocated  negro  suffrage  in  that 
State  in  January— before  the  close  of  the  war — and  I  found  but  two*  or  three  persons  at  that 
time  who  were  in  favor  of  it.  Judge  Caldwell,  Mr.  Stoddard,  and  one  or  two  others  were  in 
favor  of  it.  But  later  in  the  summer  there  was  a  pretty  large  party  in  favor  of  it.  The  pres 
ent  governor  and  most  of  the  State  officials  are  in  favor  of  it.  But  it  was  not  considered 
policy  to  agitate  the  question  there,  any  more  than  to  speak  about  it  among  ourselves,  as 
there  was  very  little  prospect  at  that  time  of  carrying  it.  I  think  it  will  eventually  be  done 
in  that  State.  There  will  be  a  gain  in  strength  every  year.  I  do  not  think  there  is  any  ob 
jection  on  the  part  of  any  great  number  of  people  in  the  State  to  giving  the  negro  the  same 
protection  before  the  law  that  the  white  man  has.  At  least  I  do  not  think  I  have  found  half 
a  dozen  men  in  the  State  since  July  last  that  did  not  admit  that  it  was  equitable  that  the  ne 
groes  should  be  protected  by  the  law  the  same  as  white  men.  I  have  no  doubt  that  at  the 
next  session  the  legislature  "will  pass  a  bill,  if  necessary,  giving  negroes  the  right  to  give 
evidence,  and  to  sue  and  be  sued,  with  very  little  opposition.  The  new  State  constitution 
guarantees  the  negro  equal  civil  rights.  The  senate  is  entirely  Union  men  ;  and  in  the  elec 
tion  of  members  of  the  lower  house  the  Union  party  will  have  as  many  men,  or  more,  who 
were  original  Union  men  as  those  who  were  original  rebels. 

Question.  Has  the  constitution  of  Arkansas  been  amended  or  a  new  one  been  made  since 
the  rebellion  ? 

Answer.  The  constitution  has  been  amended  abolishing  slavery,  limiting  the  right  of  in 
denture  to  oue  year,  except  in  case  of  minors,  repudiating  the  rebel  debt,  and  giving  the  ne 
gro  equal  civil  rights. 

Question.  Was  the  amended  constitution  submitted  to  the  people? 

Answer.  Yes,  sir. 

Question.  How  many  votes  were  given  in  favor  of  it  ? 

Answer.  A  little  over  twelve  thousand  for  it,  and  between  two  and  three  hundred  against 
it.  The  oath  was  taken  viva  voce,  and  the  oath  of  allegiance,  or  amnesty  oath,  was  sub 
scribed  to  by  the  parties  before  they  were  allowed  to  vote.  The'  viva  voce  vote  applied  only 
to  the  first  election,  by  ordinance  of  the  convention,  in  order  to  see  who  was  who.  Since 
then  the  voting  has  been  by  ballot. 

Question.  Do  rebels  as  well  as  the  others  vote  in  Arkansas  ? 

Answer.  The  legislature  last  year  passed  a  law  prohibiting  all  parties  from  voting  who 
had  given  aid  and  comfort  to  the  rebellion  since  April,  1864,  at  which  time  the  new  constitu 
tion  went  into  effect.  Since  the  last  election  an  appeal  was  taken  to  the  supreme  court  of 
the  State,  and  that  court  decided  that  the  law  was  unconstitutional.  But  there  has  been  no 
legislative  action  upon  the  subject  since  then.  The  statute  still  stands  upon  the  statute  book, 
and  it  was  enforced  at  the  last  election. 

Question.  What  is  the  opinion  prevailing  in  Arkansas  as  to  whether  the  people  will  be 
compensated  for  their  slaves  or  for  losses  incurred  during  the  war  ? 

Answer.  In  the  summer  I  learned  from  some  persons  in  the  Red  river  region  that  that  mat 
ter  had  been  agitated  down  there  a  little  before  the  election,  and  that  they  had  come  to  the 
conclusion  that  it  was  a  poor  show  to  get  anything  for  their  negroes.  But  there  is  a  general 
idea  throughout  the  State  that  men  who  have  been  loyal  to  the  federal  government  during 
the  rebellion  will  at  some  time  be  compensated  for  their  losses. 

Question.  For  what  kind  of  losses  do  you  think  they  expect  to  be  paid  ? 

Answer.  For  their  stock,  forage,  and  provisions  taken  by  the  federal  army,  for  which  they 
hold  receipts  from  our  officers  in  a  great  many  instances  ;  in  some  instances  no  recuipts  have 
been  given.  And  they  also  expect  to  be  paid  at  some  time  for  their  property  which  has  been 
destroyed  or  used  for  military  purposes  by  the  federal  army.  But  the  loyal  people  do  not  ex 
pect  any  payment,  for  their  slaves. 

Question.  Have  you  any  idea  of  the  amount  of  these  claims? 

Answer.  It  is  impossible  to  tell.     I  have  had  a  great  many  of  them  before  me,  but  was  . 
unable  to  pay  them  under  the  existing  laws.     There  has  been  a  large  amount  of  property  in 
the  State  used  by  the  federal  army  which  belonged  to  men  of  undoubted  loyalty,  many  of 
them  serving  at  the  time  in  the  federal  army.     I  have  often  taken  such  property  myself  when 
it  was  deemed  necessary. 

Question.  Do  you  know,  personally,  those  persons  from  Arkansas  who  are  here  claiming 
seats  in  Congress  ?  If  so,  state  what  course  they  pursued  during  the  rebellion. 

Answer.  I  do  know  them.  I  made  the  acquaintance  of  the  parties  in  the  fall  and  winter 
of  1863,  just  after  the  occupation  of  Little  Rock  by  General  Steele's  army.  Judge  Baxter, 
pne  of  the  senators  elect,  had  the  reputation,  among  the  men  whom  I  found  in  Arkansas  and 
whom  I  talked  -with,  of  having  been  a  consistent  Union  man.  He  had  escaped,  »  few  days 


1  2  8  RECONSTRUCTION. 

before  the  federal  army  entered  Little  Rock,  frpm'the  confederate  military  prison,  whore  he  had 
been  confined  for  some  time  on  the  charge  of  high  treason  against  the  confederacy.  Then,  by 
permission  of  General  Steele,  he  commenced  to  raise  a  regiment  of  white  Arkansians,  he  being 
their  colonel.  He  was  engaged  in  raising  that  regiment  at  Bates ville,  Arkansas,  and  had  it 
partly  raised  at  the  time  of  the  reorganization  of  the  State  government  of  Arkansas.  He  was 
then  elected  a  judge  of  the  supreme  court  of  the  State,  and  subsequently  was  elected  by  the 
legislature  to  the  United  States  Senate,  in  connexion  with  Colonel  Fishback. 

Mr.  Snow,  the  other  United  States  senator  elect  from  Arkansas,  was  one  of  the  first  men 
who  came  to  us  when  wo  reached  Little  Rock.  He  was  understood  to  have  been  a  Union 
man  during  the  rebellipn,  and  from  what  I  know  of  the  circumstances  I  have  no  doubt  he 
was  loyal  during  the  entire  war.  He  had  seme  difficulty  at  Pine  Bluff,  about  the  time  of  the 
capture  of  Vicksburg,  with  the  rebel  element  there,  and  they  endeavored  to  lynch  him  one 
day  at  the  court-house  there  as  an  abolitionist  and  a  northern  sympathizer.  He  was  rescued 
by  General  Yell,  a  prominent  but  humane  rebel  officer  there.  He  was  in  the  telegraph  busi 
ness  in  Arkansas  at  the  commencement  of  the  war,  and  the  lines  he  had  built  continued  to 
be  worked  under  his  direction  for  general  business  during  the  first  year  of  the  war.  In  Novem 
ber,  1862,  they  were  taken  out  of  his  hands  by  the  confederate  government  on  account  of 
his  loyalty  to  the  confederate  government  being  suspected,  he  having  refused  to  lake  the  oath 
of  allegiance  to  the  confederacy.  They  were  taken  away  from  him  before  the  capture  of 
Vicksburg,  and  turned  over  to  an  agent  of  the  confederate  government.  I  know  Mr.  Snow 
has  been  an  active  and  consistent  Union  man  ever  since  we  entered  the  State  of  Arkansas, 
and  is  considered  to  belong  to  the  radical  element. 

Colonel  Johnson,  from  the  Fort  Smith  district,  member  elect  to  the  House  of  Representa 
tives,  was  colonel  of  the  1st  federal  Arkansas  (white)  infantry  regiment.  He  was  a  refugee 
from  the  State  in  the  southern  part  of  Missouri,  and  raised  a  regiment  there  of  the  loyal  men 
who  had  been  driven  out  of  Arkansas  during  the  war.  I  think  Colonel  Johnson's  loyalty  is 
not  questioned  by  any  one  in  the  State. 

Colonel  Kyle,  another  member  elect,  I  became  acquainted  with  when  I  was  with  General 
Steelcj  as  chief  quartermaster  of  his  army,  on  the  expedition  to  Red  river  to  join  General 
Banks.  He  came  into  our  camp  at  Arkadelphia,  some  ninety  miles  south  of  Little  Rock, 
having  been  driven  from  his  home  by  Shelby's  raiders,  and  his  property  destroyed,  on  ac 
count  of  his  being  an  abolitionist  and  a  sympathizer  with  the  Yankees.  He  was  introduced 
to  me  by  General  Rice,  of  Iowa,  who  was  killed  in  that  campaign.  General  Rice  had  known 
Colonel  Kyle  for  some  time  as  a  Union  man ;  and  at  the  request  of  General  Rice  and  General 
Steele  I  employed  Colonel  Kyle  as  one  of  my  forage  masters,  he  having  no  means  of  support 
at  that  time.  Ho  was  with  me  until  we  sent  a  return  train  to  the  Arkansas  river  from  Cam- 
den.  That  train  was  captured  by 'Major  General  Fagan  at  Marks's  mills,  and  I  learn  that 
Colonel  Kyle  was  one  of  the  few  that  escaped.  After  the  reported  capture  he  returned  to  his 
former  residence,  where  he  remained  very  quietly  until  about  the  time  of  the  surrender,  when 
he  came  again  up  to  Little  Rock.  I  heard  him  make  several  speeches  in  the  canvass  upon 
the  Union  side  as  the  candidate  for  Congress.  A  Mr.  Gibson  and  Dr.  Meador  wore  candi 
dates  against  him,  and  ran  on  the  strength  of  their  alleged  sympathy  with  the  people  who 
had  been  in  the  rebellion.  Mr.  Kyle  was  nominated  by  the  Union  League  in  Little  Rock  as 
their  candidate  in  his  district. 

Judge  Byers,  the  other  member  elect,  I  was  very  little  acquainted  with  personally,  but  I 
knew  him  by  reputation.  He  lived  at  Batesville,  and  a  Mr.  Jacks  was  a  candidate  against 
him.  Judge  Byers  had  the  reputation  of  being  a  Union  man.  lie  took  no  active  part  on 
either  side  during  the  war,  for  he  was  an  invalid.  I  have  understood  from  officers  of  General 
Curtis's  army  who  were  in  Arkansas  at  the  commencement  of  the  war,  and  who  were  at 
Judge  Byers's  house,  that  they  considered  him  one  of  the  Union  men  in  that  part  of  the 
State.  He  had  that  reputation  generally  in  that  part  of  the  State.  He  was  run  against  Mr. 
Jacks  and  was  elected,  more,  I  think,  on  local  grounds  than  because  there  was  any  real  dif 
ference  in  politics  between  the  two  men.  Mr.  Jacks  was  from  Helena,  on  the  edge  of  the 
district,  and  the  people  wanted  a  representative  who  lived  nearer  the  centre  of  the  district. 

Question.  Do  you  regard  the  condition  of  Arkansas  now  to  be  such  that  the  military  could 
be  withdrawn  and  the  Prcedmen's  Bureau  dispensed  with  there  without  any  serious  detri 
ment  to  the  peace  of  the  State,  or  the  rights  of  any  class  of  the  people  there  ? 

Answer.  In  northern  and  western  Arkansas,  where  about  three-fourths  of  the  white  popu 
lation  of  the  State  are,  there  is  a  veiy  large  Union  element.  I  think  Union  men  could  be 
elected  to  Congress  from  Mr.  Johnson's  and  Mr.  Byers's  district,  even  if  the  military  exer 
cised  no  control  there.  There  were  very  ^cw  slaves  in  that  portion  of  the  State  before  the 
war.  The  most  of  the  slave  population  of  the  State  was  in  southern  and  in  southeastern 
Arkansas,  where  the  largo  cotton  plantations  were;  and  in  that  portion  of  the  State  I  think 
a  majority  of  the  white  people  are  rebels  at  heart  to-day.  We  have  no  difficulty  with  them  ; 
but  the  old  leaven  is  there  yet.  Owing  to  the  organization  of  the  Home  Guards  in  Arkansas, 
I  think  the  State  government  of  Arkansas  could  sustain  itself  without  the  aid  of  the  federal 
military.  Several  thousands  of  the  Home  Guards  have  been  organized  during  the  summer 
by  the  governor  of  the  State.  They  are  mostly  made  up  of  men  who  have  been  soldiers  in 
the  federal  army,  (in  the  Arkansas  regiments,)  and  they  are  officered  by  very  reliable  men, 
so  far  as  I  know. 


ARKANSAS  -  GEORGIA — MISSISSIPPI — ALABAMA.  129 

There  are  very  few  -white  troops  of  the  United  States  in  Arkansas  at  this  time.  I  think  all 
the  white  troops  at  present  in  the  department  of  Arkansas,  which  includes  the  Indian  nation, 
are  the  3d  regular  cavalry,  a  few  companies  of  the  19th  regular  infantry  in  the  Indian  nation, 
and  a  small  battery  at  Little  Rock.  There  are  some  4,000  colored  troops  in  Arkansas  and  in 
the  Indian  nation.  I  think  it  would  be  advisable,  in  a  country  like  that,  to  maintain  small 
garrisons,  as  we  are  now  doing,  at  prominent  places  in  the  State.  That  was  done  before  the 
breaking  out  of  the  war  at  Fort  Smith  and  at  Little  Rock,  where  the  general  government 
owned  very  valuable  property. 

I  do  not  wish  to  be  understood  as  recommending  the  withdrawal  of  the  troops  from  the 
State  of  Arkansas.  I  think  it  is  good  policy  to  keep  troops  there.  But,  as  an  individual,  I 
would  be  pefectly  willing  to  live  there  at  present  and  do  business,  if  the  federal  troops  were 
withdrawn  from  Little  Rock.  A  majority  of  the  business  men  in  Little  Rock,  and  the  prin 
cipal  business  centres,  to-day,  are  northern  men.  I  think  the  Freedmen's  Bureau  has  done 
good  in  Arkansas,  and  is  not  unacceptable  to  the  people.  Labor  is  so  generally  organized, 
and  all  are  so  obviously  adapting  themselves  to  the  new  order  of  things,  that  I  think  it  can 
be  dispensed  with  there,  without  injury  to  either  capital  or  labor,  another  year. 


WASHINGTON,  March  7,  1866. 

Governor  James  Johnson  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Have  you  acted  as  provisional  governor  of  Georgia  since  the  surrender  of  Lee  ? 

Answer.  Yes,  sir ;  I  was  appointed  and  acted  as  provisional  governor  of  Georgia  from 
about  the  17th  of  July,  1865,  until  near  Christmas. 

Question.  When  did  you  leave  Georgia  ? 

Answer.  I  left  Columbus,  Georgia,  two  weeks  ago  Tuesday. 

Question.  The  object  of  the  committee  is  to  ascertain  the  condition  of  Georgia,  and  the 
sentiments  of  the  people  with  reference  to  this  government ;  how  far  they  are  loyal,  and  how 
far  they  are  disloyal ;  and  we  would  be  glad  to  have  you  give  your  opinions  upon  that  subject, 
and  any  facts  you  may  have. 

Answer.  The  condition  of  public  affairs  in  Georgia,  in  my  estimation,  is  improving  now, 
and  has  been  improving  for  some  time  past.  Our  people  are  becoming  better  and  better  sat 
isfied,  with  the  lapse  of  time,  and  their  passions  are  gradually  abating.  As  an  evidence  of 
this  fact,  I  could  point  to  the  legislation  of  the  State  on  particular  subjects  ;  the  provisions 
which  are  being  made  by  law  for  the  protection  of  freedmen,  and  securing  them  in  their 
rights.  While  I  say  that  our  people  are  gradually  improving,  it  is  due  to  truth  that  I  should 
say  there  are  individual  exceptions.  We  have  some  bad  men  among  us,  whose  passions  have 
not  yet  abated  ;  but  there  are  not  a  great  many  of  them. 

Immediately  after  emancipation  went  into  actual  effect  there  was  some  hostility  manifested 
towards  the  negroes,  by  some  classes  of  persons.  But  that  hostility  is  abating,  particularly 
on  the  part  of  those  who  formerly  owned  slaves.  I  would  qualify  this  general  remark,  by 
saying  that,  whilst  it  is  true  of  the  most,  there  are  individual  exceptions;  there  are  individual 
cases  of  outrage  and  wrong  perpetrated  upon  the  freedmen.  But  such  acts  do  not  meet  the 
approval  of  the  great  mass  ot  our  people.  This  being  true,  that  there  are  violent  men,  evil- 
disposed  men,  as  a  matter  of  course  they  easily  associate  themselves  together ;  and  a  few  men 
can  do  a  great  deal  of  harm  and  make  a  great  deal  of  noise.  For  this  reason,  in  my  judgment 
a  few  troops  of  the  United  States  should  still  be  kept  in  Georgia  for  the  present,  for  the  pur 
pose  of  keeping  in  restraint  these  evil-disposed  men  to  whom  I  have  referred.  These  troops 
are  further  necessary  to  aid  and  assist  the  Freedmen's  Bureau,  whilst  it  remains,  in  iriy 
judgment.  And,  in  my  opinion,  it  is  proper,  at  present,  that  that  bureau,  or  someth  ng  akin 
to  it,  should  be  continued  in  the  State  for  a  time.  In  my  judgment,  when  the  district  and 
circuit  courts  of  the  United  States  are  properly  organized  in  the  State,  and  when  our  own 
legislature  shall  have  perfected  their  system  of  laws  in  reference  to  negroes,  then  the  bill 
which  has  already  passed  one  branch  of  Congress,  which  proposes  to  declare  and  secure  the 
civil  rights  of  persons,  if  passed  by  the  other  branch,  will  dispense  with  the  necessity  of  the 
presence  of  the  Freedmen's  Bureau,  or  of  the  troops  of  the  United  States.  But  until  that  is 
done,  I  think  it  is  proper  that  both  should  be  continued. 

I  think,  and  I  have  so  stated  to  General  Grant  and  the  Secretary  of  War,  that,  judging 
from  the  feelings  of  our  people  and  the  relations  which  they  have  sustained  to  the  freedmen, 
it  would  be  good  policy  to  withdraw  the  black  troops  from  among  them.  Their  presence  is 
irritating  and  tends  to  bring  about  collisions.  Our  people  having  made  the  experiment  which 


pee 

throughout  the  country.     While  they  are  thus  anxious  on  that  subject,  and  willing  to  obey 

9    A    G    M    A 


130  RECONSTRUCTION. 

the  laws,  still,  as  is  very  natural,  in  all  their  political  arrangements  for  office,  &c.,  ther  prefer 
men  who  have  co-operated  with  them  in  the  prosecution  of  the  war  to  those  who  were  op 
posed  to  them.  My  own  judgment  is  that  the  people  are  progressing  towards  a  state  of 
peace  and  harmony  and  reconciliation  as  rapidly  as  could  be  expected  after  guch  a  conflict  of 
passions  and  of  arms,  and  I  have  no  doubt  that  peace  will  be  fully  restored  before  any 
great  length  of  time ;  but  animosities  have  been  generated  and  passions  have  been  inflamed 
to  such  an  extent  that  in  certain  localities  we  shall  still  see  manifestations  of  them  for  some 
time  to  come.  I  think  that  is  about  a  fair  statement  of  the  general  condition  of  affairs  in 
Georgia. 

Question.  Do  you  know  the  persons  who  are  claiming  seats  in  Congress  in  Georgia  ?  If 
so,  will  you  state,  if  you  have  no  objection,  what  yon  know  of  their  course  during  the  rebel 
lion,  and  their  conduct  with  reference  to  this  government  since  Lee's  surrender? 

Answer.  I  know  both  of  the  gentlemen  elected  to  the  United  States  Senate,  and  have  known 
them  for  many  years.  Mr.  Stephens  and  myself  were  class-mates  and  graduated  together. 
I  think  I  am  pretty  well  acquainted  with  the  course  that  each  of  them  pursued.  It  is  known 
generally  to  the  country  that  Mr.  Stephens  was  opposed  to  secession  ;  but  after  the  ordinance 
of  secession  was  passed,  under  the  pressure  of  circumstances,  I  suppose,  and  I  believe  be 
cause  he  thought  it  would  bring  about  a  conflict  at  home  if  he  did  not  do  so,  he  fell  in  with 
the  current  after  the  commencement  of  hostilities.  Mr.  Johnson,  his  colleague  in  the  United 
States  Senate,  was  also  opposed  to  secession.  He  was  a  Douglas  man,  as  was  Mr.  Stephens, 
but,  like  him,  he  fell  in  with  the  current  to  a  certain  extent  after  the  commencement  of  hos 
tilities.  Mr.  Johnson  accepted  the  place  of  Confederate  States  senator  under  the  confederate 
government,  being  elected  while  the  war  was  in  progress.  But  notwithstanding  that,  I  have 
season  to  believe  that  for  some  time  before  the  termination  of  the  confederacy,  he  insisted  that 
negotiations  should  be  had,  so  that  an  end  might  be  put  to  the  strife  ;  but  his  representations 
were  unheeded.  I  am  certain  of  that,  from  such  information  as  I  have  received.  I  think  that 
this  is  his  present  status :  that  while  he  may  object  to  certain  congressional  and  administra 
tive  measures,  he  would  submit  to  them,  and  is  well  affected  towards  the  government.  He 
must  be  satisfied,  as  a  man  of  judgment,  that  an  effort  to  separate  this  Union  will  not  suc 
ceed  ;  that  our  destinies  are  to  be  those  of  one  nation.  He  was  the  president  of  the  State 
convention  that  recently  assembled  and  adopted  a  new  State  constitution.  He  co-operated 
in  the  line  of  policy  suggested  by  the  administration  for  the  purpose  of  restoring  the  State. 
Mr.  Stephens  was  the  vice-president  of  the  Confederate  States,  and  he  acted  some  time  hi 
that  capacity,  and  I  believe  he  continued  to  hold  the  office  until  the  downfall  of  the  confed 
eracy.  But  while  that  is  true  of  him,  I  think  he  became  satisfied  during  the  war  that  the 
effort  to  establish  the  confederacy  would  be  a  failure,  and  he  would  gladly  have  terminated 
the  strife  long  befrre  it  was  terminated,  and  in  a  different  manner  in  which  it  was  termi 
nated.  He  has  been  using  his  efforts  to  get  our  people  to  lay  aside  their  prejudices  and  pas 
sions  and  accept  the  results  of  the  war,  and  I  have  no  doubt  he  will  do  everything  in  his 
power  to  restore  harmony  throughout  the  whole  length  and  breadth  of  the  land.  In  fact,  I 
feel  sure  that  he  is  extremely  anxious  that  such  a  state  of  things  should  be  brought  about  at 
as  early  a  day  as  possible.  He  has  been  an  open  advocate  of  giving  the  freedmen  their  civil 
rights  and  maintaining  them  in  those  rights,  and  I  have  no  doubt  he  will  continue  to  advo 
cate  those  measures.  I  cannot  answer  so  positively  about  the  members  elect  to  the  House  of 
Representatives.  I  can  answer  about  some  of  them.  Mr.  Wofford  was  a  brigadier  general 
in  the  confederate  service.  He  was  a  Union  man  before  the  war,  and  a  Union  man  during 
the  war,  and  is  a  Union  man  still;  but  the  current  of  public  feeling  was  so  strong  that  he 
went  into  the  war.  I  suppose  he  would  have  been  conscripted  if  he  had  not  done  so.  In 
my  judgment,  he  is  as  well  affected  towards  this  government  as  any  man,  north  or  south. 
He  is  a  well-behaved  man,  not  at  all  violent.  General  Philip  Cook  was  another  confederate 
general  who  was  elected  to  the  House  of  Representatives.  He  was  opposed  to  the  war,  and 
was  termed  a  co-operationist.  He  was  violently  opposed  to  the  war.  After  the  war  was 
commenced,  he  likewise  fell  in  with  the  current  and  cast  his  lot  with  the  war.  During  the 
progress  of  the  war  he  was  severely  wounded  several  times,  and  was  finally  captured.  He 
stated  his  position  and  feelings  to  the  federal  officers  who  had  charge  of  him,  and  I  believe 
they  made  representations  to  the  proper  department  here,  asking  for  his  pardon,  and  he  was 
released.  He  came  to  visit  me  at  Milledgeville  after  his  release,  and  told  me  that  he  was 
willing  to  co-operate  with  me  to  carry  out  the  wishes  of  the  administration  us  far  as  he  could 
do  so.  I  think  he  is  a  proper  man,  notwithstanding  he  has  committed  errors.  He  is  a  man 
of  good  feelings  and  of  liberal  sentiments.  Mr.  Christy  was  a  co-operationist.  I  cannot 
spe<ik  positively  about  him  ;  I  can  only  speak  of  him  from  reputation.  I  think  he  is  well  dis 
posed  towards  the  government  now.  1  do  not  know  what  part  he  took  after  the  commence 
ment  of  hostilities.  Mr.  Buchanan  was  iu  favor  of  secession.  He  says  that  he  accepts  the 
results  of  the  war  and  submits  to  them.  I  will  not  say  further  in  regard  to  him,  because  I  do 
not  know.  As  to  Mr.  Cohen,  of  Savannah,  my  impressions  about  him  are  these :  he  is  rather 
refractory,  or  was  the  last  time  I  heard  him  talk,  refractory  in  spirit.  There  is  another  mem 
ber  elected  to  the  House  of  Representatives  ;  I  do  not  recollect  his  name  at  this  time.  I  can 
not  tell  his  present  status,  but  he  was  opposed  to  the  war  at  its  commencement. 

Question.  Have  you  any  information  of,  or  any  means  of  knowing,  the  actual  sentiment  of 
the  people  of  Georgia  at  the  time  secession  took  place  ? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  131 

Answer.  In  my  judgment,  the  majority  of  the  people  were  opposed  to  it  at  that  time. 
Question.  Then  how  do  you  explain  the  fact  that  they  were  drawn  or  driven  into  the  re 
bellion  ? 

Answer.  The  passions  of  the  people  were  aroused  to  a  very  high  degree.  The  men  who 
were  elected  as  Union  men,  when  they  assembled  at  Milledgeville,  were  many  of  them  over 
powered  by  the  storm  of  passion  that  was  excited,  and  voted  for  secession.  They  had  not 
moral  strength  enough  to  stand  up  against  the  storm.  A  great  many  of  those  who  were  in 
favor  of  secession  threatened  that  they  would  go  for  secession  any  way. 

Question.  If  the  establishment  of  the  confederacy  were  now  possible,  how  many  of  the 
people  of  Georgia  would  prefer  the  Union  to  the  confederacy  ? 

Answer.  If  the  power  of  the  federal  government  and  its  influence  were  entirely  withdrawn, 
I  think  a  majority  of  the  people  would  express  a  preference  for  a  confederacy.  Sufficient 
time  has  not  yet  elapsed  for  the  eradication  of  those  ideas  entirely  from  their  minds  which 
they  obtained  during  the  war,  and  which  they  have  not  yet  given  up  altogether.  But  this 
is  a  mere  matter  of  opinion — a  mere  speculation  on  my  part. 

Question.  How  does  the  aspect  of  things  in  Georgia  at  this  time  differ,  if  at  all,  from  what 
it  did  soon  after  Lee's  surrender  ? 

Answer.  There  is  a  great  difference,  but  I  do  not  know  that  I  can  describe  it  exactly,  so 
as  to  give  you  a  correct  idea  of  it.  Immediately  after  Lee's  surrender  our  people  were  un 
certain  as  to  what  might  happen  in  the  future ;  they  felt  very  uncertain  as  to  what  course 
the  government  of  the  United  States  would  pursue  towards  them  ;  they  were  a  little  uncer 
tain  about  expressing  their  sentiments  and  declaring  their  opinions.  Now  they  are  less  un 
reserved  than  they  were  before;  a  great  many  of  them  feel  more  disposed  to  take  part  in 
public  matters  than  they  did  at  that  time  But  notwithstanding  they  speak  more  freely  than 
they  did  then,  I  am  of  the  opinion  that  the  real  opinion  of  the  people  of  that  State  has  much 
improved  since  that  time. 

Question.  Was  the  amended  constitution  of  Georgia  submitted  to  the  people  for  ratification  ? 
Answer.  It  was  not.  It  was  known  to  the  people  beforehand  what  was  expected  of 
the  convention.  There  was  no  mistaking  the  public  mind  about  that,  except  so  far  as  the 
war  debt  was  concerned.  That  was  not  so  well  understood  by  the  people  as  the  other  part 
was.  They  knew  that  slavery  had  to  be  abolished,  and  a  provision  to  that  effect  put  into 
the  constitution,  but  it  was  not  so  distinctly  made  known  to  them  that  the  war  debt  would 
have  to  be  repudiated.  Before  the  assembling  of  the  convention  a  majority  was  opposed  to 
repudiating  the  war  debt,  but  when  the  necessity  of  so  doing  was  shown  to  them  they  con 
sented  to  it. 

Question.  Was  there  any»other  important  change  made  in  the  constitution  except  this  ? 
Answer.  Yes,  sir;    particularly  in  reference  to  the  State-rights    theory,  which   formerly 
obtained  throughout  the  country.     The  constitution  of  Georgia  now  declares  that  the  Con 
stitution  of  the  United  States  and  the  laws  made  in  pursuance  thereof  are  paramount ;  in  ', 
other  words,  that  the  first  allegiance  of  the  citizen  is  due  to  the  government  of  the  United    - 
States ;  thus  settling  the  disputed  question  which  was  at  the  bottom  of  this  whole  difficulty. 
Question.  Is  the  right  of  voting  defined  and  limited  in  the  new  constitution  of  Georgia  ? 
If  so,  how  ? 

Answer.  I  think  it  is  limited  in  the  constitution  to  white  males. 
Question.  Have  free  negroes  ever  voted  in  Georgia  ? 
Answer.  No,  sir;  not  in  my  day. 

Question.  What  effect  has  the  war  had  upon  the  population  of  Georgia,  both  wThite  and 
black  I 

Answer.  That  is  a  very  difficult  question  to  answer.  We  have  had  no  census  taken  since 
the  termination  of  hostilities,  and  I  can  only  approximate  at  best,  even  if  I  can  do  that.  We 
lost  a  great  many  men  in  the  war,  from  being  killed  aad  from  sickness  in  camps.  Before 
the  war  our  State  vote  was  110  000;  my  judgment  is  that  now  we  could  not  vote' more  than 
perhaps  70,000  or  80,000,  but  I  may  be  mistaken  as  to  that.  In  the-  late  election  for  gover 
nor,  members  of  the  legislature,  and  members  of  Congress,  the  full  vote  was  not  brought 
out.  I  have  heard  various  estimates  made  of  the  loss  which  we  sustained  during  the  war. 
I  should  suppose  that  it  might  be  as  high  as  40,000.  In  regard  to  the  loss  of  our  negro  pop 
ulation  during  the  war,  a  great  many'of  them  fled — wrent  to  the  coast  and  went  off  with  the 
United  States  armies ;  but  not  a  great  many,  compared  to  the  whole  black  population.  Some 
were  taken  by  our  own  people  to  work  on  forts  and  fortifications  at  different  places,  and 
whilst  there  many  of  them  were  taken  sick  and  died ;  but  only  a  certain  portion  were  taken 
to  work  on  the  fortifications.  After  the  close  of  the  rebellion,  and  the  actual  occupation  of 
Georgia  by  the  federal  troops,  the  negroes  then  commenced  roving  and  rambling  about. 
Some  were  taken  to  Alabama,  Florida,  and  other  States  during  the  war,  for  security.  Some 
have  come  back  to  Georgia,  where  they  were  raised,  and  where  they  had  homes.  What 
number  have  been  abstracted  from  Georgia  I  cannot  tell.  The  places  of  those  who  have 
gone  away  have  been  supplied  in  part  by  those  coming  in. 
Question.  Do  you  conclude  that  the  number  has  diminished  ? 

Answer.  I  rather  think  the  number  has  diminished  somewhat,  but  not  materially. 
Question.  What  was  the  vote  cast  at  the  last  election  for  governor  and  members  of  Con 
gress  ? 


132  RECONSTRUCTION. 

Answer.  My  impression  is  that  it  was  about  37,000,  with  some  twenty  odd  counties  that  had 
not  been  heard  from.  There  was  no  opposition,  no  contest,  and  the  vote  was  probably  light. 

Question.  Were  any  persons  excluded  from  voting  on  account  of  having  participated  in 
the  rebellion  ? 

Answer.  No,  sir. 

Question.  No  regard  was  paid  as  to  which  side  a  man  had  been  on? 

Answ'er.  No,  sir;  we  hare  no  law  on  that  subject  in  our  State. 

Question.  Was  any  amnesty  oath,  or  oath  to  support  the  constitution,  required  ? 

Answer.  Not  in  voting  for  governor ;  there  was  one  required  of  the  voters  at  the  election 
of  members  to  the  convention. 

Question.  What  was  the  aggregate  vote  for  members  of  the  convention? 

Answer.  That  was  never  made  out.  In  some  of  the  counties  there  was  no  opposition; 
there  was  a  general  agreement  that  such  and  such  men  should  be  declared  elected,  and  no 
vote  was  ever  made  out ;  but  it  was  a  pretty  fair  vote  under  the  circumstances.  The  am 
nesty  oath  was  taken  pretty  generally  by  those  who  did  not  come  within  the  exceptions  ppeci- 
fied  in  the  President's  proclamation. 

Question.  So  far  as  your  observation  extends,  what  is  the  disposition  of  the  negroes  in 
regard  to  going  to  work,  if  they  are  properly  treated  ? 

Answer.  Generally  very  good.  They  behaved  remarkably  well  during  the  war,  and  now 
they  are  doing  very  well  as  a  class;  there  are  exceptional  cases,  of  course;  but  generally 
they  are  making  contracts  and  going  to  work. 

Question.  Is  there  anything  further  which  you  desire  to  state,  which  you  think  has  a  bear 
ing  upon  the  subject  under  investigation  by  the  committee  ? 

Answer.  I  would  state  that  our  people  are  very  much  averse  to  having  negro  suffrage  im 
posed  upon  them  ;  they  would  not  submit  to  that  with  a  good  grace.  In  fact  I  think  myself 
it  would  bring  about  collisions. 

Question.  Would  they  object  as  much  to  a  qualified  suffrage,  such  as  an  educational  test 
or  a  property  test,  as  they  would  to  universal  negro  suffrage? 

Answer.  I  rather  think  it  would  be  equally  as  strong  to  the  one  as  to  the  other.  They 
would  look  upon  it  as  the  incipient  step  to  the  ruin  of  the  whites.  I  do  not  think  the  right 
of  voting  is  necessary  to  the  protection  and  security  of  the  freedmen  in  the  end.  The  law 
declaring  their  civil  rights,  and  giving  the  district  and  circuit  courts  of  the  United  States 
jurisdiction,  will  secure  their  rights ;  and  before  long  our  people  would  consent  to  accord  them 
all  their  rights.  I  think  the  individual  cases  of  outrage  and  wrong  have  been  magnified. 
The  tendency  is  to  give  them  their  rights,  though  there  are  some  few  people  who  hate  them, 
and  would  do  them  wrong  if  it  were  not  for  the  law.  , 


WASHINGTON,  March  8,  1866 

Governor  William  L.  Sharkey  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Were  you  provisional  governor  of  Mississippi  after  Lee's  surrender  ? 

Answer.  Yes,  sir. 

Question.  During  what  period  of  time  ? 

Answer.  I  was  appointed  provisional  governor  on  the  13th  of  June,  1865,  and  continued 
to  act  in  that  capacity  until  the  16th  of  October,  1865,  when  I  turned  the  affairs  of  the  State 
over  to  the  civil  authorities. 

Question.  When  did  you  leave  Mississippi  ? 

Answer.  I  left  there  during  the  last  part  ot  November,  and  arrived  here  on  the  first  or 
second  day  of  the  session  of  Congress. 

Question.  The  object  of  the  committee  is  to  ascertain  the  condition  of  civil  affairs  in  Mis 
sissippi,  and  also  the  sentiments  of  the  people  with  reference  to  the  government  of  the  United 
States ;  how  far  they  are  loyal  and  how  far  they  are  disloyal.  We  shall  be  glad  to  hear  your 
views  generally  upon  that  subject,  and  any  facts  within  your  knowledge  that  may  bear 
upon  it. 

Answer.  I  will  state,  in  general  terms,  that  when  I  went  out  there  as  provisional  governor 
a  very  large  majority  of  the  people,  I  do  not  know  but  fifty  to  one,  were  perfectly  reconciled 
to  the  condition  of  things,  and  very  anxious  to  be  restored  to  their  former  position  in  the 
Union.  I  think  they  were  sincerely  and  honestly  so ;  that  was  the  current  sentiment  be 
yond  all  doubt  at  that  time.  Even  the  secession  party  admitted  that  they  had  made  a  miser 
able  failure;  many  of  them  felt  very  sore  over  it,  to  think  that  they  had  involved  the  country 
in  terrible  calamities,  and  they  were  as  anxious  to  get  back  into  the  Union  as  any  portion  of 
the  community.  I  was  provisional  governor  there.'  and  I  think  I  had  an  opportunity  of  know 
ing.  Of  course  there  will  be  exceptional  cases  in  all  communities,  but  those  exceptions  wore 
confined  mostly  to  men  who  had  taken  no  part  in  the  war.  The  military  men  were  perfectly 
satisfied,  and  I  do  not  know  but  as  a  general  rule  they  were  the  most  loyal  part  of  the  com- 


ARKANSAS GEORGIA   -  MISSISSIPPI — ALABAMA  133 

munity.  They  gave  Up  honorably,  and  all  said  they  were  disposed  to  accept  things  as  they  found 
them.  But  there  were  a  few  men  within  my  own  knowledge,  men  who  had  done  but  little 
during  the  war,  who  were  dissatisfied.  But  a  very  large  majority  of  our  people  were  as  loyal, 
to  use  the  term  in  its  proper  sense,  as  any  people  in  the  United  States.  That  is  to  say,  they 
were  willing  to  obey  the  government  and  its  laws  and  to  support  and  to  sustain  it ;  and  I 
think  they  are  so  yet.  I  should  make  this  remark,  however :  the  people  came  up  freely  and 
voluntarily,  and  did,  as  they  supposed,  all  that  was  required  of  them;  they  met  all  the  de 
mands  of  the  President,  and  with  great  cheerfulness.  What  changes  may  have  occurred  since 
I  left  there  I  cannot  tell,  but  I  do  not  think  any  material  changes  have  taken  place.  Still, 
you  know,  when  men  do  all  that  is  required  of  them,  and  all  that  they  think  is  right,  pres 
sure  does  not  in  any  degree  contribute  to  their  loyalty.  And  I  have  been  very  much  afraid 
that  the  condition  of  things  here  would  shake  their  confidence  in  the  government.  I  know, 
however,  their  condition  was  a  good  one  when  I  was  in  charge  of  the  government  there.  The 
condition  of  things  in  Mississippi  was  not  generally  understood  throughout  this  country.  In 
the  first  place,  a  very  large  portion  of  our  people  were  opposed  to  secession,  and  I  believe  if 
the  question  had  been  submitted"  to  the  people  they  never  would  have  adopted  it.  But  the 
politicians  got  us  in  hand  and  forced  us  out  of  the  Union ;  and,  as  a  general  rule,  those  who 
were  opposed  to  going  out  in  the  first  place  were  in  favor  of  coming  back  again ;  and  to  them 
is  to  be  added  the  number  who  became  satisfied  of  the  folly  of  their  course ;  and  the  two  classes 
constitute  a  very  large  proportion  of  the  citizens. 

Question.  Were  any,  and  if  so,  what,  alterations  made  in  the  constitution  of  Mississippi  ? 

Answer.  I  have  here,  and  will  leave  with  the  committee,  a  copy  of  the  "constitution  of 
the  State  of  Mississippi,  as  amended,  with  the  ordinances  and  resolutions  adopted  by  the 
constitutional  convention,  August,  1865,"  and  a  copy  of  the  "journal  of  the  proceedings  and 
debates  in  the  constitutional  convention  of  the  State  of  Mississippi,  August,  1865."  From 
them  can  be  seen  the  alterations  which  were  made.  The  chief  alteration  is  in  regard  to 
slavery.  I  desire  to  call  your  attention  to  that,  because  the  condition  of  our  State  in  reference 
to  it  has  not  been  fairly  understood.  That  amendment  is  as  follows  : 

"The  institution  of  slavery  having  been  destroyed  in  the  State  of  Mississippi,  neither 
slavery  nor  involuntary  servitude,  otherwise  than  in  the  punishment  of  crimes,  whereof  the 
party  shall  have  been  duly  convicted,  shall  hereafter  exist  in  this  State;  and  the  legislatuie 
at  its  next  session,  and  thereafter  as  the  public  welfare  may  require,  shall  provide  by  law  for 
the  protection  and  security  of  the  person  and  property  of  the  freedmen  of  this  State,  and 
guard  them  and  the  State  against  any  evils  that  may  arise  from  their  sudden  emancipation." 

That  ?s  the  chief  alteration  in  the  constitution  that  has  been  made.  There  is  only  one 
clause  of  that  amendment  to  which  I  wish  particularly  to  call  your  attention.  It  reads, 
"and  the  legislature  at  its  next  session,  and  thereafter  as  the  public  welfare  may  require, 
shall  provide  by  law  for  the  protection  and  security  of  the  person  and  property  of  the  freed- 
men  of  this  State."  Some  prejudice  has  arisen  against  our  State  because  of  a  foolish  pro 
vision  in  a  late  legislative  enactment  which  limited  the  right  of  the  freedmen  to  hold  property. 
The  legislature  took  it  into  their  heads  that  as  a  matter  of  policy  it  would  not  be  wise  to  al 
low  freedmeu  to  hold  real  estate.  That  action,  however,  was  in  contravention  of  our  laws  ;us 
they  had  always  existed.  We  had,  as  most  of  the  southern  States  had,  certain  general  prin 
ciples  of  law  prevailing  by  which  freedmen  were  entitled  to  hold  real  and  personal  property. 
We  never  had  any  other  law  until  very  recently.  Our  supreme  court,  of  which  I  was  a  mem 
ber  for  a  great  many  years,  had  held  that  freedmen  could  take  property  by  devise,  inherit 
ance  or  purchase,  and  hold  it  to  any  extent.  There  was  no  legislative  restriction  in  regard  to 
freedmeu  at  all,  and  we  held  that  they  could  hold  real  and  personal  property  to  any  extent. 
But  recently,  when  the  excitement  growing  out  of  the  condition  of  things  became  general, 
our  supreme  court  departed  from  the  landmarks  which  we  had  laid  down,  and  unfortunately 
for  their  own  character,  and  for  the  country,  they  decided  that  freedmeu  could  not  hold,  real 
estate.  That  was  wrong,  for  there  was  no  restriction  upon  that  subject. 

Question.  Was  that  adverse  decision  before  or  after  secession  ? 

Answer.  I  think  it  was  after  secession,  fortunately.  I  was  not  on  the  bench  when  that 
decision  was  made;  I  left  it  lome  years  ago.  We  unfortunately  had  some  judges  on  the 
bench  who  were  original  secessionists,  and  their  judgments  became  subverted,  and  they  ran 
into  that  error  which  was  condemned  by  everybody.  Our  law  stood  at  that  time  on  a  firm 
basis,  without  any  restriction  upon  freedmeu  holding  any  property  that  a  white  man  could 
hold.  Such  was  the  law.  I  was  opposed  to  this  action  of  the  late  legislature ;  I  warned 
them  ot  the  folly  of  committing  this  terrible  error,  and  told  them  they  should  not  restrict  the 
freedmen  in  regard  to  the  right  to  hold  property.  But  they  passed  the  law,  notwithstanding. 
I  tried  to  prevail  on  them  to  allow  the  freedmeu  full  and  perfect  protection,  and  ultimately 
got  them  to  allow  them  to  sue  and  to  be  sued,  and  to  testify  in  all  cases  where  a  freedman 
was  a  party  on  either  side.  In  regard  to  this  restriction  upon  the  right  of  the  freedman  to 
hold  property,  the  proceedings  and  debates  of  the  convention  will  show  that  it  is  foreign  to 
the  constitutional  provision.  The  constitution  was  intended  to  give  them  the  right  to  hold 
real  and  personal  property.  Proof  of  that  will  be  found  in  this  journal  of  the  convention. 
Pending  the  question  of  the  adoption  of  the  amendment  abolishing  slavery,  as  will  be  seea 
on  page  104  of  .the  journal — 

"Mr.  Marshall,  of  Warren,  offered  the  following  amendment: 


1 34  RECONSTRUCTION. 

"  Amend  by  striking  out  the  word  '  property '  in  the  fourth  line,  and  insert  '  the  regulation 
of  the  labor  and  wages.' 

"  On  motion  of  Mr.  Harrison, 

"The  amendment  was  laid  on  the  table. 

"Mr.  Cooper,  of  RankSn,  offered  the  following-  amendment: 

"  Amend  by  inserting-  the  word  'personal'  before  the  word  'property'  in  the  fourth  line 
of  the  amendment  proposed. 

"  On  motion  of  Mr.  Yerger,  of  Hinds, 

"  The  amendment  was  laid  on  the  table. 

"Mr.  Martin,  of  Adams,  offered  the  following  amendment: 

"  Amend  by  inserting  after  the  word  'property  '  the  words  '  and  regulation  of  the  labor  and 
wages.' 

"  On  motion  of  Mr.  Yerger,  of  Hinds, 

"  The  amendment  was  laid  on  the  table." 

I  happened  to  be  in  the  convention  at  the  time  these  propositions  were  made,  and  know 
that  they  were  voted  down  with  great  unanimity.  I  have  cited  this  from  the  journal  to 
prove  that  whatever  the  legislature  may  have  done,  the  constitution  of  the  State  authorizes 
freedmen  to  hold  real  and  personal  property. 

Question.  Was  the  amended  constitution  submitted  to  the  people? 

Answer.  No,  sir;  the  convention  did  not  deem  it  necessary,  nor  did  I  think  it  necessary. 
I  was  so  well  satisfied  with  the  temper,  disposition,  and  wish  of  the  people,  that  I  did  not 
think  it  necessary  to  submit  the  amended  constitution  to  them  at  all.  I  was  perfectly  sure 
that  the  people  were  fully  and  fairly  represented.  The  members  of  the  convention  were 
elected  on  the  general  proposition  of  reforming  the  constitution,  and  I  have  no  doubt  that 
they  represented  truly  the  sentiments  of  a  large  majority  of  the  people  of  the  State.  I  de 
sired  to  call  your  attention  to  this  subject  of  freedmen  holding  property,  because  I  have 
heard  our  State  very  much  abused  for  this  legislation.  I  admit  myself  that  it  was  unguarded 
and  improper  legislation.  But,  at  the  same  time,  we  can  fall  back  on  our  constitution ;  and 
there  you  will  find,  I  think,  that  the  freedmen  are  permitted  to  exercise  the  right  of  holding 
property. 

Question.  What  is  the  general  condition  of  the  freedmen  in  Mississippi  ?  Are  they  dii- 
posed  to  labor,  and  are  they  laboring  and  receiving  fair  wages? 

Answer.  I  can  give  an  accurate  account  of  that  matter,  as  I  have  had  very  authentic 
reports.  They  have  gone  to  work  with  a  great  deal  of  good  will,  and  in  most  parts  of  our 
State  they  are  hiring  freely  and  cheerfully.  I  have  received  a  letter  from  a  very  intelligent 
gentleman,  a  friend  of  mine,  who  states  that  in  his  part  of  the  State  the  freedmen  are  going 
to  work,  and  the  people  are  hopeful  and  expect  a  return  of  prosperity;  that  there  was  not  a 
discontented  man  in  his  particular  locality ;  that  they  had  given  up  the  idea  of  secession, 
buried  it  out  of  sight,  and  never  wish  to  hear  of  it  again.  The  freedmen,  as  I  hear  from  all 
parts  of  the  State,  are  doing  remarkably  well.  I  have  heard  from  one  of  the  northeastern 
counties  of  the  State,  in  which  it  is  said  there  is  not  an  idle  freedman.  However,  there  is  no 
disguising  the  fact  that  the  Freedmen's  Bureau  and  the  colored  troops  there  have  done  more 
mischief  than  anything  else.  General  Howard  is  a  very  clever  gentleman ;  but  there  are 
men  in  charge  of  the  Freedmen's  Bureau  in  Mississippi  who  are  disposed  to  speculate  on 
white  and  black ;  they  encourage  the  black  man  and  discourage  the  white  man.  And 
wherever  there  is  a  negro  garrison  the  free  negroes  congregate  around  it,  and,  as  a  matter  of 
course,  crimes  and  depredations  are  committed.  I  verily  believe  that  if  at  the  time  I  was 
there  all  the  troops  and  the  Freedmen's  Bureau  had  been  withdrawn,  I  could  have  had  a 
perfect  state  of  order  throughout  the  State  in  two  weeks.  The  great  amount  of  complaints 
originate  from  the  localities  where  the  negro  soldiers  are.  I  do  not  say  that  the  negroes  do 
not  make  good  soldiers,  but  they  encourage  the  congregation  of  freedmen  around  them,  and 
from* the  freedmen  come  crime  and  depredations.  As  a  general  thing — there  may  be  excep 
tions — the  freedmen  have  gone  to  work  ;  some  receiving  a  share  of  the  crops,  and  some  re 
ceiving  their  wages.  And  there  is  a  promise  of  prosperity  there;  there  is  a  promise  that  the 
freedmen  will  work;  how  long  it  will  last  I  cannot  tell.  They  certainly  have  gone  to  work, 
a-s  a  general  thing,  in  the  State ;  and  the  people  are  buoyant  and  hopeful.  In  some  parts  of 
the  State  the  fivedmeu  are  receiving  exceedingly  high  wages.  Mr.  Alcorn.  my  colleague  in 
the  senate,  authorizes  mo  to  state  that  in  the  river  counties — he  mentioned  one  county  in 
particular — if  labor  could  be  had,  a  thousand  freedmeu  could  be  employed  at  $25  a  month. 

Question.  In  addition  to  their  board  ? 

Answer.  Yes,  sir;  board  them  and  furnish  them  with  sugar  and  coffee,  and  give  them  $25 
a  month  over  and  above  their  board.  He  told  me  that  a  thousand  freedmen  could  find  em 
ployment  in  that  one  county,  if  they  could  be  had,  and  I  think  that  on  the  Mississippi  gen 
erally  they  are  getting  almost  any  wages  they  are  pleased  to  ask. 

Question.  What  amount  of  laud  do  you  estimate  will  be  under  cultivation  in  Mississippi 
this  year  as  compared  with  the  amount  under  cultivation  in  1859  or  I860? 

Answer.  I  can  only  speak  from  conjecture.  I  do  not  think  there  will  bo  half  the  amount 
cultivated  this  year  that  there  was  just  before  the  war,  and  I  will  give  my  reasons  for  that 
opinion.  I  believe  that  there  are  now  in  the  State  very  little  over  half  the  number  of 
freedmen  that  there  were  formerly  of  slaves — certainly  not  uiore  than  two-thirds.  They  have 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  135 

died  off.  There  is  no  telling  the  mortality  that  has  prevailed  among  them ;  they  have  died 
oft  in  immense  numbers.  I  should  say  that  very  little  more  than  half  the  amount  of  land 
that  was  under  cultivation  before  the  war  will  be  under  cultivation  this  year ;  but  that  is  with 
me  a  mere  matter  of  conjecture. 

Question.  Does  the  mortality  among  the  freedmen  continue  as  great  as  ever? 

Answer.  Yes,  sir;  they  have  contracted  habits  and  diseases  which  take  a  great  many  of  • 
them  off.     The  people  are  laboring  under  a  great  mistake  in  regard  to  our  attachment  to  the 
negroes.     We  are  all  kindty  disposed  towards  them ;  we  are  disposed,  with  few  exceptions,     _ 
to  treat  them  as  they  should  be  treated.     The  poorer  classes,  who  have  always  had  an  anti 
pathy  to  them,  still  have  that  antipathy ;    but  as  a  general  thing,  our  people  are  disposed  to 
treat  the  negroes  well.     We  were  all  attached  to  our  slaves,  and  that  attachment  has  not 
been  broken  off,  because  we  think  they  have  acted  well.     In  a  great  many  instances  they 
have  shown  uncommon  fidelity  and  friendship,  and  of  course  we  cannot  forget  those  things. 
Our  feelings  towards  them  are  of  a  kindly  character,  and  we  want  to  treat  them  well,  and 
educate  them  if  we  can. 

Question.  Have  you  any  knowledge  of  the  number  of  white  people  who  have  been  lost  to 
Mississippi  during  the  war? 

Answer.  A  very  considerable  number,  but  I  cannot  state  the  number ;  I  cannot  even  ap 
proximate  to  it. 

Question.  If  it  were  possible  to  establish  the  confederacy  as  it  was  hoped  at  the  beginning 
of  the  rebellion,  what  do  you  think  would  now  be  the  action  of  the  people  of  Mississippi  ? 
Would  they  desire  the  establishment  of  the  confederacy,  or  would  they  prefer  to  abide  by  the 
Union  ? 

Answer.  I  think,  after  the  experiment  they  have  made,  they  would  prefer  the  Union.  You 
are  perhaps  aware  that  I  never  countenanced  secession  or  aided  it  in  any  way  whatever,  and 
I  think  my  own  sentiments  were  the  real  sentiments  of  a  very  large  portion  of  the  people.  I 
think  the  majority  of  the  people  of  Mississippi  would  rather  take  their  chances  in  the  Union 
than  take  them  in  the  confederacy,  even  were  it  possible  to  establish  it  now.  I  always  be 
lieved  it  would  be  their  ruin  if  it  was  established,  and  I  believe  a  great  many  others  thought 
so  too. 

Question.  Is  there  any  prevailing  feeling  or  opinion  in  regard  to  payment  for  their  slaves 
or  for  losses  which  the  people  have  sustained  during  the  war? 

Answer.  No,  sir ;  they  do  not  expect  such  a  thing ;  nor  do  I  think  they  intend  or  expect  to 
pay  any  of  the  rebellion  debt.  I  think  such  a  thing  is  out  of  the  question.  That  subject  was 
proposed  in  the  legislature,  and  there  was  some  discussion  upon  it.  You  will  find  that  in  our 
amended  constitution  we  have  repudiated  the  most  of  our  debt,  with  one  or  two  exceptions. 
The  truth  of  it  is  that  none  of  it  will  be  paid  ;  we  do  not  regard  it  as  a  binding  debt.  There 
are  two  reasons  for  that  opinion.  In  the  first  place,  our  constitution  prohibited  the  pledge  of 
the  faith  of  the  State  for  any  debt.  We  could  not  pledge  the  faith  of  the  State  except  by 
passing  a  proposition  for  that  purpose  by  two  legislative  bodies,  and  then  inserting  it  in  our 
law.  We  never  had  the  faith  of  the  State  pledged  to  pay  any  of  the  rebellion  debt  at  all.  To 
be  sure,  the  convention  which  took  iis  out  of  the  Union  did  change  that  feature  of  our  State 
constitution,  but  we  have  declared  that  action  to  be  null  and  void.  In  the  very  beginning  of 
our  proceedings  we  declared  the  action  of  secession  a  nullity,  and  left  that  obligation  with 
out  any  efficacy  whatever.  And  it  is  also  void  for  another  reason.  The  rebellion  debt  was 
issued  in  the  form  of  bills  of  credit,  and  they  come  under  that  provision  of  the  Constitution 
of  the  United  States  which  declares  that  no  bills  of  credit  shall  be  issued  by  any  State.  I 
think  I  can  say  with  great  certainty  that  no  portion  of  the  people  of  Mississippi  expect  one 
dollar  of  the  rebellion  debt  to  be  paid.  There  is  one  class  of  debt  which  is  not  properly  a  rev 
olutionary  debt — what  we  call  our  cotton  debt.  In  a  time  of  great  scarcity,  the  State  under 
took  to  relieve  the  community  by  issuing  bonds  on  cotton,  which  were  loaned  to  the  planters. 
That  was  not  a  revolutionary  debt  at  all ;  it  was  intended  merely  as  an  accommodation  to  the 
people.  But  even  that  was  void,  for  the  reason  I  have  given.  The  State  had  no  right  to 
issue  bills  of  credit,  and  our  valid  constitution  did  not  allow  the  faith  of  the  State  to  be 
pledged  at  all ;  so  that  I  regard  every  species  of  our  debt  as  a  nullity,  and  our  former  history 
shows  that  we  are  not  very  much  inclined  to  pay  our  debts.  I  do  not  think  the  rebellion  debt 
need  be  considered  any  obstacle  in  our  way  at  all,  for  I  do  not  think  any  portion  of  it  will 
ever  be  paid. 

Question.  How  does  the  price  of  land  for  agricultural  purposes  in  Mississippi  now  compare 
with  the  price  before  the  rebeDion  ? 

Answer.  It  is  vastly  below  its  former  price.      I  do  not  know  precisely  what  the  price  of  land  / 
is  now,  except  as  I  occasionally  receive  information  from  there,  but  I  learn  that  it  is  twenty-  f  V 
five  per  cent.,  perhaps  in  some  instances  fifty  per  cent.,  below  its  former  valuation.     When  • 
you  take  into  consideration  the  vast  quantity  of  land  that  we  had  under  cultivation  before 
the  rebellion,  and  the  moans  we  had  of  cultivating  it,  and  then  consider  that  the  means  have 
decreased  one-third  since  then,  you  can  understand  why  land  is  lower  in  price.     I  will  put 
the  price  now  down  to  twenty-five  and  fifty  per  cent,  below  its  former  value.     I  learn  occa 
sionally  of  sales  made  at  home,  and  they  are  far  below  the  standard  that  existed  before  the 
rebellion.     I  could  perhaps  illustrate  that  by  my  own  case.     I  have  been  stripped  of  every 
thing  by  the  rebellion  except  a  little  tract  of  land,  very  valuable,  by  the  way.     Looking  for- 


136  RECONSTRUCTION. 

ward  to  the  prospect,  I  thought  it  best  to  dispose  of  that  land.  I  did  not  see  that,  in  my  day 
at  least,  uny  grout  demand  for  land  would  spring  up.  I  offered  it  for  sale  at  less  than  half 
that  I  Avould  have  taken  for  it  before  the  rebellion,  and  I  understand  that  is  about  the  rate 
land  is  generally  selling  for  there.  There  are  exceptions  in  some  localities. 

Question.  Has  there  been  much  emigration  from  the  State  ? 

Answer.  No,  sir ;  not  that  I  am  aware  of. 

Question.  Is  there  any  such  organization  in  Mississippi  as  the  Home  Guards  ?  If  so,  what 
is  the  nature  and  extent  of  that  organization? 

Answer.  There  is  no  such  organization  that  I  know  of.  I  can  tell  what  was  organized 
while  I  was  in  office ;  that  may  be  called  a  home  guard,  though  it  is  not ;  it  is  a  regular 
militia  system.  When  I  went  into  office  I  was  a  great  deal  alarmed  at  the  state  of  the  coun 
try  ;  by  rumors  that  an  insurrection  among  the  negroes  would  occur  some  time  during  the 
winter  ;  that  they  were  instigated  by  bad  white  men.  These  rumors  reached  me  from  all 
quarters  of  the  State.  On  looking  about  me  for  means  of  protection,  I  thought  it  would  be 
well  for  me  to  organize  two  companies  of  militia  in  each  county.  I  therefore  issued  a  proc 
lamation  calling  for  two  companies  of  militia  in  each  county,  specifying  the  object  of  the 
call — to  suppress  crime,,  protect  the  people,  and  enforce  the  laws.  In  many  instances  the 
call  was  responded  to  with  a  great  deal  of  cheerfulness.  The  organization  was  intended  ex 
clusively  for  individual  protection.  General  Slocum  was  at  Vicksburg  at  that  time;  he  did 
not  like  my  movement,  and  undertook  to  check  it.  An  appeal  was  made  to  the  President, 
and  I  was  sustained. 

When  I  went  out  of  office,  the  governor  of  the  State  of  Mississippi  engrafted  his  regular 
military  system  on  the  military  organization  I  started  there.  I  organized  it  to  protect  the 
people,  if  possible,  against  crime.  There  was  a  great  deal  of  crime  there ;  the  country  was 
demoralized  ;  and  there  was  not  a  United  States  military  force  in  all  the  places  where  it  was 
needed.  And  I  organized  these  militia  companies  for  the  purpose  of  enforcing  the  laws,  and 
to  aid  the  United  States  authorities,  if  necessary ;  and  I  issued  instructions  to  that  effect.  It 
was  not  a  hostile  organization  at  all.  And  when  I  left  the  office  the  governor  of  the  State 
carried  it  on  under  an  act  of  the  legislature.  If  there  is  any  home  guard  there  aside  from 
that  I  do  not  know  anything  of  it ;  I  do  not  think  there  is. 

I  will  make  one  general  remark.  I  am  satisfied  that  the  disposition  of  the  intelligent  peo 
ple  towards  the  freedmen  there  is  not  understood  here.  The  general  feeling  there  is,  that  we 
ought  to  elevate  them,  if  we  can.  And  this  action  of  the  legislature  which  I  speak  of,  and 
which  was  objectionable  to  me,  has  created  a  great  deal  of  prejudice  in  the  country.  It  was 
no  response  to  public  sentiment  to  restrict  the  negroes  at  all  in  regard  to  their  right  to  hold 
property. 

Question.  Do  you  think  the  negroes  are  disposed  to  accumulate  property? 

Answer.  In  very  few  instances ;  my  expectation  concerning  them  is  that  they  are  destined 
to  extinction,  beyond  all  doubt.  We  must  judge  of  the  future  by  the  past.  I  could  tell  you 
a  great  many  circumstances  to  that  effect ;  I  arn  sorry  I  did  not  come  prepared  with  means  to 
state  the  percentage  of  deaths  among  them.  It  is  alarming,  appalling.  I  think  they  will 
gradually  die  out.  Some  of  them  will  become  thrifty  and  prosperous ;  but,  as  a  general 
thing,  I  think  they  are  destined  to  extinction.  I  may  be  mistaken ;  I  hope  I  am ;  but  that  is 
nay  impression.  We  are  trying  to  solve  a  great  problem,  and  it  is  quite  natural  we  should 
encounter  difficulty  until  we  can  build  up  by  the  light  of  experience.  Such  a  radical  change  in 
our  whole  system,  turning  loose  so  many  men  from  slavery  into  freedom,  and  then  trying  to 
convert  them  into  use — it  is  a  great  problem,  and  of  course  we  are  groping  somewhat  in  the 
dark.  We  will  have  to  profit  by  experience  as  we  go  on,  and  bring  ourselves  down  to  a  sys 
tem  of  free  labor. 

I  think  the  people  are  taking  hold  of  the  matter  in  a  good  spirit.  I  think  they  are 
ardently  desirous  of  making  a  fair  experiment,  and  giving  the  freedmen  a  fair  chance.  Per 
haps  a  man  is  inclined  to  make  up  his  judgment  from  limited  means  of  information ;  but  I  believe 
that  if  the  people  had  an  opportunity  to  restore  slavery,  and  it  was  left  to  their  vote,  as  a 
general  thing,  they  would  vote  not  to  do  it.  If  each  man  could  get  his  negroes  back  by  voting 
to  restore  slavery,  perhaps  the  people  might  vote  to  restore  it.  But  if  you  should  submit  the 
general  proposition  to  strike  out  the  emancipating  clause  from  the  constitution,  and  allow  the 
people  to  acquire  slaves  in  the  future,  if  they  can,  I  am  satisfied  they  would  vote  against  it. 
1  think  they  have  no  wish  to  be  iucumbered  with  slavery  again.  That  is  the  general  senti 
ment  ;  there  are  exceptions,  of  course. 

Question.  If  you  have  no  objection,  please  state  what  you  know  in  regard  to  the  persons 
now  here  claiming  seats  in  Congress  from  Mississippi. 

Answer.  I  have  no  objection  to  stating  what  I  know.  Mr.  Alcorn,  my  colleague  in  the 
United  States  Senate,  was  an  old  whig,  and  was  very  much  opposed  to  rebellion  and  seces 
sion,  and  to  the  party  that  brought  it  about.  The  representatives  elect  to  the  House  of  Rep 
resentatives,  without  exception,  were  opposed  to  secession ;  they  all  belonged  to  the  anti- 
secession  party.  Our  people  were  particularly  admonished  by  me  that  they  ought  not  to 
send  men  here  who  were  tinctured  or  stained  with  secession.  And  not  one  of  our  delegation, 
I  think,  had  any  connexion  with  secession ;  they  were  all  opposed  to  it.  They  were  all 
whigs  except  one,  who  was  a  Union  democrat.  The  whig  party,  as  a  general  thing,  were 
clear  of  the  odium  of  secession. 


ARKANSAS   -GEORGIA — MISSISSIPPI — ALABAMA.  137 

I  will  state  this,  however:  several  of  these  gentlemen  engaged  in  the  rebellion  after 
it  came  on.  Colonel  Reynolds  and  Colonel  Pierson  had  command  of  regiments  in  the  con 
federate  service.  When  the  State  went  out,  I  suppose  they  felt  they  should  go  with  their 
State.  I  do  not  remember  that  any  other  of  them  was  in  the  rebellion.  Mr.  Alcorn,  my  col 
league,  was  in  the  militia;  but  I  do  not  know  that  he  ever  held  a  commission  in  the  confed 
erate  service. 

Question.  What  are  the  facts  in  regard  to  Governor  Humphreys,  and  the  present  State 
government  generally  ?  Is  it  composed  of  men  who  were  opposed  to  secession,  or  of  men 
who  favored  it  ? 

Answer.  In  regard  to  Governor  Humphreys,  there  was  no  man  in  the  State  of  Mississippi 
more  opposed  to  secession  than  he  was  ;  and  I  will  tell  you  more  :  he  did  not  believe  the  con 
federates  could  establish  a  government,  even  if  they  were  free  and  independent.  He  told  me 
that  himself  some  months  before  the  rebellion  closed.  I  know  his  antecedents  well ;  there 
was  no  man  more  opposed  to  secession  than  Governor  Humphreys  was.  He  ultimately  got 
into  the  rebellion  by  accident,  you  might  say  ;  he  went  out  with  a  company  as  its  captain, 
and  was  promoted  to  be  a  general.  Being  a  very  popular  man  in  the  army,  he  was  elected 
governor  by  the  military  vote,  contrary  to  my  wish.  He  is  a  good  man,  an  excellent  man, 
and  I  believe  he  ardently  desires  to  see  harmony  restored  between  the  north  and  the  south. 
The  State  government,  with  one  exception,  I  regret  to  say,  is  in  the  hands  of  the  conservative 
men.  The'judiciary  department  has  fallen  into  bad  hands  ;  but  that  was  accidental,  some 
what.  The  judges  of  the  high  court  of  errors  were  all  secessionists.  There  was  but  a  weak 
opposition  to  them,  or  they  would  not  have  been  elected ;  they  would  have  been  beaten. 
We  really  had  no  material  of  respectability  to  run  against  them,  and  they  ran  in  almost 
without  opposition.  The  attorney  general  is  in  the  same  category.  Three  judges  and  the 
attorney  general  were  secessionists.  As  to  the  minor  officers,  I  do  not  know  so  much  about 
them.  But  the  election  of  these  judges  to  the  highest  tribunal  in  the  State  was  a  very  sore 
thing  to  many  of  us.  But  I  will  say  this  of  them :  they  have  given  manifestations  of  an  ardent 
desire  to  return'to  the  Union,  and  to  act  in  good  faith.  They  admit  their  error  frankly  and 
freely ;  one  or  two  of  them  have  been  pardoned  by  the  President,  and  I  think  they  are  as 
loyal  as  any  one  now. 

The  fact  is,  there  is  very  little  disloyal  sentiment  in  our  country  now.  It  is  a  mistake  to 
suppose  that  our  people  are  disloyal.  Many  of  our  people  may  be  a  little  restless  ;  but  they 
do  not  think  of  such  a  thing  as  a  rebellion. 


WASHINGTON,  March  13,  1866. 
Governor  Wm.  L.  Sharkey  recalled  and  examined. 
By  Mr.  BoUTWELL : 

Question.  Did  you  visit  Washington  about  the  time  you  were  appointed  provisional  gov 
ernor  of  Mississippi  ? 

Answer.  Yes,  sir,  I  did,  in  June.     I  was  here  when  I  was  appointed. 

Question.  Was  there  with  you  a  Colonel  Hamilton? 

Answer.  Yes,  sir  ;  Colonel  Hamilton  was  with  us. 

Question.  It  has  been  stated  substantially,  by  a  person  examined  before  the  committee, 
that  Colonel  Hamilton,  on  his  return  from  Washington,  while  passing  down  the  Mississippi 
river,  said  that  Governor  Sharkey  and  the  other  provisional  governors  were  to  have  matters 
in  their  own  way  in  the  south ;  that  the  slate  was  made  out,  the  object  of  which  was  to 
give  the  political  power  of  the  south  to  the  President.  Do  you  know  anything  of  such  an 
arrangement  or  understanding? 

Answer.  I  know  nothing  of  it  at  all. 

Question.  There  was  no  foundation  for  any  such  statement  to  your  knowledge  ? 

Answer.  Nothing  that  I  know  of.  What  may  have  been  said  by  Colonel  Hamilton  in  his 
light  conversation,  I  do  not  know.  I  have  no  knowledge  of  any  such  conversation  or 
statement. 

Question.  Do  you  know  of  any  fact  which  would  warrant  any  such  statement  upon  the 
part  of  Colonel  Hamilton  or  any  one  else  ? 

Answer.  I  do  not.  Colonel  Hamilton  was  a  Union  man.  He  had  been  in  the  rebellion, 
to  be  sure,  as  a  quartermaster,  or  in  some  position  of  that  sort.  He  was  opposed  to  the  re 
bellion,  as  I  have  understood,  and  took  an  office  of  that  kind  probably  to  escape  some  severer 
service. 

Question.  For  what  purpose,  if  you  know,  did  he  come  to  Washington  ? 

Answer.  He  came  along  as  a  sort  of  secretary  to  Judge  Yerger  and  myself.  He  wanted  to 
come  on  here,  and,  to  tell  the  truth,  as  we  had  no  money  to  bear  our  expenses,  knowing 
that  he  was  a  moneyed  man,  he  agreed  to  come  on  and  bear  our  expenses,  which  I  refunded 
to  him  after  being  appointed  provisional  governor.  I  think,  however,  it  was  understood 
that  he  was  our  private  secretary.  He  did  something  in  that  way. 


138  EECON  STRUCTION. 


WASHINGTON,  March  9,  1866. 
Brevet  Major  General  Wager  Swayne  sworn  and  examined. 

By  Mr.  BOUTWELL  : 

Question.  The  committee  desire  to  obtain  information  as  to  the  condition  of  affairs  in  Ala 
bama,  especially  in  reference  to  the  sentiments  of  the  people,  whether  they  are  loyal  or 
disloyal  ? 

Answer.  I  have  been  almost  wholly  engrossed  with  matters  relating  to  freedmen  since  the 
first  of  August  last,  in  charge  of  the  affairs  of  the  Freedmen's  Bureau  for  the  State  of  Ala 
bama,  with  my  headquarters  at  Montgomery.  I  have  observed  since  I  went  there  a  gradual 
cessation  of  disorder,  a  progress  in  legislation  towards  equal  laws  for  all  men,  and  a  marked 
increase  of  political  animosity.  I  arrived  at  Montgomery  immediately  after  Governor  Par 
sons  issued  his  proclamation  announcing  himself  as  having  been  appointed  provisional  gov 
ernor  of  that  State.  I  was  very  kindly  received  by  most  of  the  persons  with  whom  I  came 
in  contact,  and  was  agreeably  disappointed  in  the  temper  of  the  people  as  I  found  them  at 
that  time.  A  good  deal  of  lawlessness,  however,  prevailed  throughout  the  State.  The 
stealing  of  horses,  cotton,  and  other  property,  violence  to  the  freedmen,  and  an  utter  want  of 
power  on  their  part  to  enforce  their  rights,  threatened  the  dissolution  of  society.  Presenting 
myself  to  the  provisional  governor,  I  was  received  by  him  with  assurances  of  co-operation 
and  sympathy,  which  have  been  steadfastly  maintained.  The  courts  of  the  State,  however, 
were  closed  to  the  negro,  whether  as  witness,  as  plaintiff,  or  defendant;  and  no  substitute 
had  been  provided.  I  invited  the  governor  to  issue  his  proclamation,  recognizing  as  a  neces 
sity  of  the  new  order  of  things  that  the  negro  should  have  full  civil  rights ;  advised  the  gov 
ernor  that  he  was  a  military  officer ;  that  the  law  which  he  administered  was  martial  law, 
which  has  limits  oijly  in  the  discretion  of  the  commander,  and  urged  upon  him — recognizing 
the  necessity  I  have  mentioned — to  command  the  opening  of  the  courts  to  freedmen.  It  was 
the  opinion  of  a  majority  of  his  advisers  that  the  public  sentiment  of  the  State  would  vio 
lently  repel  such  action  upon  his  part.  Upon  receiving  his  decision,  I  at  once  issued  my 
order,  setting  forth  that  by  authority  of  the  President  I  was  vested  with  exclusive  jurisdiction 
where  courts  were  closed  to  freedmen,  and  proposing  to  the  judges  and  magistrates  of  the 
State,  in  the  absence  of  the  law-making  power,  to  become  my  agents  for  the  administration 
of  justice,  upon  condition  that,  in  every  case  to  which  a  freedman  was  a  party,  they  should 
take  as  their  method  of  procedure  the  laws  then  in  force  in  that  State,  except  so  far  as  those 
laws  made  a  distinction  on  account  of  color,  and  announcing  that  failure  to  signify  accept 
ance,  or  evident  denial  of  justice,  would  be  followed  by  revocation  of  such  agency  and  the 
substitution  of  martial  law  in  the  district  in  which  it  should  occur.  Some  magistrates  forth 
with  accepted.  A  majority  of  the  judges  and  magistrates  applied  to  the  governor  for  in 
structions.  He  issued  his  proclamation,  advising  them  to  accept,  and  intimating  that  he 
would  remove  from  office  whoever  failed  to  do  so  ;  and  this  was  done  in  the  case  of  the  then 
mayor  of  Mobile.  The  entiie  body  of  the  judges  and  magistrates  in  the  State — perhaps  with 
the  exception  of  a  single  judge — accepted,  as  the  proclamation  became  known  to  them;  and 
the  courts  of  the  State  were  from  that  time  opened  to  the  negro  upon  the  same  terms  as  to 
the  white  man,  including  the  probate  court,  in  which  were  recorded  wills  and  conveyances 
of  real  estate,  and  from  which  marriage  licenses  were  obtained. 

When  the  constitutional  convention  assembled,  the  governor  united  with  me  in  making  all 
possible  effort  to  incorporate  this  principle  of  equality  before  the  law  into  the  constitution  of 
the  State.  We  were  unable  to  secure  this,  most  of  the  members  alleging  that  the  public 
mind  was  so  far  from  being  prepared  for  it  that  it  would  ruin  those  who  should  support  it. 
The  system  of  agencies  above  mentioned  was,  however,  continued  by  an  ordinance  adopted 
by  a  large  majority,  until  the  close  of  the  next  session  of  the  general  assembly,  to  give,  as 
they  said,  the  legislature  the  chance  of  doing  the  same  thing. 

When  the  legislature  assembled,  the  provisional  governor  in  his  message  took  the  same 
stand,  but  most  of  the  members  were  of  the  belief  that  some  system  of  compulsory  manage 
ment  of  the  freedmen  was  necessary  and  indispensable  if  their  labor  was  to  be  made  availa 
ble  at  all.  This  feeling  was  strengthened  by  the  fact  that  the  freedmen,  quite  generally, 
anticipating  that  the  lands  of  their  owners  would,  at  Christmas,  be  divided  out  to  them,  de 
clined  to  work  or  to  make  contracts  for  work  until  that  time.  Every  effort  was  made  by  the 
bureau  to  dispel  this  misapprehension.  Just  before  Christmas,  under  cover  of  a  general  desire 
to  begin  work  upon  the  crop  of  the  coming  year,  certain  persons  in  the  legislature  succeeded 
in  forcing  through  that  body  a  series  of  laws  which  I  regarded  as  the  practical  re-enactment 
of  slavery  in  all  particulars  except  the  sale  of  persons.  These  laws,  however,  were  pre 
vented  from  taking  immediate  effect  by  the  ordinance  of  the  convention  above  referred  to. 

Just  before  the  passage  of  these  bills  Governor  Patten,  newly  elected,  was  inaugurated, 
and  in  his  inaugural  address  advised  against  class  legislation.  After  the  passage  of  these 
bills  the  legislature  took  a  recess  of  thirty  days.  On  its  reassembling,  the  bills  were  returned 
by  the  governor  with  his  veto,  which  was  in  each  instance  sustained  in  the  legislature  by  a 
majority  vote;  the  freedmen  having  meanwhile,  immediately  after  Christmas,  gone  very  gen 
erally  and  very  industriously  to  work.  There  has  been  since  then  no  very  marked  attempt 
at  class  legislation,  nor  is  there  now  in  the  laws  of  the  State  any  material  provision  for  the 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  139 

different  treatment  of  white  and  black  persons,  except  that  negroes  are  not  allowed  to  testify 
in  cases  where  they  are  not  concerned,  a  position  against  which  one  or  two  of  the  leading 
newspapers  of  the  State  are  already  taking  ground,  and  it  is  my  opinion  that  when  the  legis 
lature  again  assembles  this  difference  will  be  done  away  with. 

It  was  also  with  me  a  matter  of  great  desire  and  earnest  effort  to  secure  from  the  legislature 
an  organized  system  for  the  care  of  colored  paupers,  in  the  strict  sense  of  that  term.  It  was 
found  impossible  to  secure  anything  more  than  the  present  law,  which  authorizes  the  county 
commissioners  to  care  for  paupers,  making  no  distinction  between  black  and  white,  but  has 
no  mandatory  provisions.  I  have,  in  form,  tendered  to  the  overseers  of  the  poor  of  the  differ 
ent  counties  such  co-operation  as  I  could  render,  and  such  supplies  as  I  could  control,  uni 
formly  alleging  that  it  was  to  the  helpless  indigent  alone  that  I  desired  to  confine  that  part 
of  the  work  of  the  bureau.  In  some  instances  my  overtures  have  been  met,  and  we  are 
working  together  successfully  upon  this  basis,  with  some  prospect  of  its  extension.  The 
principal  difficulty  now  in  Alabama  as  to  the  freedmen  arises  from  a  sluggish  and  reluctant 
execution  of  the  laws,  where  the  sufferer  belongs  to  the  non-voting  class  of  population,  and 
the  person  complained  of  to  that  which  votes.  This  has  not,  in  my  judgment,  extended  to 
judges  of  the  courts  of  record,  but  has  its  principal  effect  among  officers  of  an  inferior  grade. 
The  evil  is 'also,  in  my  judgment,  partly  due  to  political  animosity. 

At  the  time  of  my  arrival  in  the  State,  .1  do  not  remember  to  have  heard  any  but  kindly 
feelings  expressed  towards  the  United  States.  There  seemed  to  be  a  disposition  to  cling  to 
and  rely  upon  such  Union  men  as  commanded  the  popular  respect,  and  a  cordial  feeling 
towards  officers  of  the  United  States.  At  the  time  of  the  election  ordered  by  the  constitutional 
convention,  the  war  party,  by  which  I  mean  those  who  had  been  engaged  in  the  war,  seemed 
to  be  the  controlling  element ;  yet  the  selections,  both  from  its  ranks  and  from  outside,  seemed 
to  be  those  of  Union,  or  at  least  moderate,  political  antecedents.  After  this  time  a  change 
seemed  to  take  place,  which  afterwards  became  manifest  and  decided.  In  the  elections  for 
members  of  Congress,  where  the  Union  candidates  ran  against  those  of  the  war  party,  the 
former  were,  with  one  exception,  so  far  as  I  know,  defeated ;  yet  the  rejection  of  the  men 
elected,  though  chosen  in  open  violation  of  law,  seemed  either  to  occasion,  or  to  be  the  pre 
test  for,  a  great  increase  of  bitterness,  which  began  to  display  itself,  and  is  now  pretty  fully 
displayed,  in  a  sort  of  social  ostracism  towards  persons  known  as  Union  men,  northern  immi 
grants,  army  officers,  and  other  persons,  residents  of  the  State,  who  are  able  to  take  the  test 
oath  and  take  it,  such  persons  being  regarded  as  thereby  convicting  themselves  of  confessed 
unfaithfulness  to  the  State  at  large.  My  own  agents  find  themselves  the  objects  generally 
of  dislike,  and  frequently  of  rudeness,  though  I  have  known  of  no  instances  in  which  this 
reached  the  point  of  violence  or  forcible  opposition,  for  which  forbearance,  however,  we  are 
probably  indebted  to  the  presence  of  United  States  forces,  and  to  the  known  co-operation  and 
sympathy  of  the  executive  of  the  State.  Perhaps  I  say  too  much  in  this  last  particular. 
There  is  a  general  desire  on  the  part  of  the  people  of  the  State  to-  see  the  bureau  removed, 
and  they  express  their  dislike  to  it  with  some  emphasis.  I  think  the  governor  would  prefer  it 
were  removed ;  but  while  that  is  true,  he  does  not  fail  to  help  to  make  things  go  on  smoothly 
and  has  extended  to  me  all  the  co-operation  he  could. 

Question.  What  would  be  the  effect  of  removing  the  bureau  from  the  State? 

Answer.  It  would  be  very  bad. 

Question.  What  results  would  you  anticipate  from  its  removal  ? 

Answer.  I  think  that  lawless  characters,  relying  on  the  public  sentiment  for  immunity, 
would  increase  in  numbers  and  in  boldness,  while  instances  of  outrages  unpunished  and  of 
denial  of  right  would  multiply;  and  that  a  strong  pressure  would  be  brought  to  bear  upon 
the  officers  of  the  law,  to  withhold  them  from  the  execution  of  the  law,  where  the  barrier  of 
race  or  politics  could  be  interposed. 

Question.  Is  the  presence  of  a  military  force  necessary  in  Alabama  ? 

Answer.  I  judge  that  it  is;  and  yet,  I  have  been  from  the  first  of  the  opinion  that  a  small 
force  of  cavalry  would  be  much  more  efficient  than  the  present  force  of  infantry,  which  is 
somewhat  large ;  and  this,  for  the  reason  that  there  are  few  or  no  points  in  the  State  which 
it  is  necessary  to  occupy  in  force,  while  I  think  we  ought  for  some  time  yet  to  be  able  to 
reach  easily  any  point  in  the  State  where  unchecked  lawlessness  prevails  or  may  prevail. 

Question.  Do  you  understand  that  the  action  of  the  legislature  in  sustaining  the  governor's 
veto  of  the  obnoxious  laws  to  which  you  have  referred,  was  the  result  of  a  change  of  opinion 
upon  the  part  of  the  members  of  the  legislature? 

Answer.  I  understand  it  to  have  been  the  result  of  a  change  of  public  sentiment,  effected 
by  the  negroes  in  going  to  work  as  generally  and  heartily  as  they  did  immediately  after 
Christmas.  I  understand  that  that  produced  a  conviction  in  the  public  mind  that  the  gov 
ernor  and  I  were  right  when  we  claimed  that  the  same  laws  which  answered  for  one  race 
would  answer  for  the  other.  And  this  was  more  expressly  manifest  in  the  veto  of  what  was 
called  the  contract  bill,  in  regard  to  which  the  governor  took  tie  ground  that  the  common 
law  remedy  of  pecuniary  damages  for  ft  violation  of  contract  was  enough  in  the  case  of  con  >' 
tracts  for  labor  as  in  other  contracts,  although  where  the  laborers  are  freedmen,  this  remedy 
amounts  to  little  or  nothing  beyond  the  forfeiture  of  accrued  wages,  where  there  are  such.  -- 

Question.  What  has  been  the  disposition  of  the  negroes  to  work,  where  they  have  been 
properly  paid ;  are  they  disposed  to  work,  or  not  ? 


140  RECONSTRUCTION. 

Answer.  After  Christmas  they  went  to  work  with  a  will.  "When  I  left  the  State  there  was 
a  slight  apparent  increase  since  Christmas  of  unemployed  negroes,  but  my  impression  is  that 
they  will  be  found  nearly,  if  not  quite,  equal  to  other  men  in  the  steadfastness  of  labor,  and 
possibly  more  steadfast  than  most  classes  of  men  under  equal  conditions,  they  having  been 
brought  up  to  labor  constantly,  without  much  stimulus  or  inducement  except  compulsion. 

Question.  Do  you  understand  whether  or  not  the  number  of  negroes  in  Alabama  has  been 
diminished  since  18(50? 

Answer.  I  think  the  negroes  in  Alabama  since  I860  have  been  very  considerably  dimin 
ished.  During  the  jubilee,  occasioned  by  the  coming  and  passing  of  our  troops,  very  many 
of  them  left  their  homes  without  purpose  or  provision ;  and  after  their  freedom  was  under 
stood,  other  large  numbers  of  them  crowded  into  the  towns.  Many  of  both  these  classes  died  of 
disease  and  from  exposure.  But  during  a  great  part  of  the  war  Alabama  remained,  compar 
atively,  intact,  while  the  adjacent  States  were  ravaged  or  occupied  by  armies,  and  large 
numbers  of  negroes  were  brought  into  that  State — perhaps  enough  to  make  the  number  now 
equal  to  the  census  of  1860.  A  considerable  portion,  however,  of  the  arable  land  in  Alabama 
goes  untilled  this  year,  principally  in  consequence  of  the  scarcity  of  labor. 

Question.  How  do  you  explain  that,  if  there  are  as  many  negroes  in  the  State  as  there  were 
in  1860? 

Answer.  I  should  say  there  were  more  perhaps  in  the  towns,  and  there  are  more  calls  for 
them  at  other  kinds  of  labor — on  railroads  which  are  being  restored,  and  other  works  of  that 
kind  now  set  on  foot.  And  I  do  not  know  but  that  the  war  diminished  the  proportion  of 
adults  ;  of  male  adults  particularly.  It  was  not  uncommon  in  army  operations  (I  have  often 
done  it  myself — and  sometimes  in  Alabama — during  the  war)  to  send  out  two  or  three  good 
sergeants  or  corporals — promising  young  men — to  accompany  the  cavalry  in  short  excur 
sions,  and  collect  able-bodied  negroes  ;  and,  when  enough  were  gathered  for  a  company,  to 
muster  them  into  service,  arm  them,  and  make  these  men  officers.  That  wras  a  p/actice  car 
ried  on  quite  extensively. 

Question.  Has  there  been  any  miu'tary  organization  formed  in  Alabama  under  the  State 
government  ? 

Answer.  Before  Christmas  apprehensions  were  quite  generally  expressed,  that  the  disap 
pointment  of  the  negroes  at  not  receiving  lands  would  produce  outbreaks  and  perhaps  a  gen 
eral  insurrection.  This  created  a  certain  demand  for  militia  organizations,  and  here  and  there 
over  the  State  militia  companies  were  formed.  There  was  found  to  be  a  deficiency  of  arms 
of  any  one  pattern,  although  nearly  every  man  in  the  State  carries  arms  of  some  kind.  Some 
of  these  companies  undertook  to  patrol  their  vicinities.  Others  of  them  were  ordered  to  dis 
arm  the  freedmen,  and  undertook  to  search  in  their  houses  for  this  purpose.  It  is  proper  to 
say  that  no  order  authorizing  the  disarming  of  freedmen  was  issued  from  the  executive  of 
fice,  and  that  a  bill  for  the  disarming  of  freedmen  was  defeated  in  the  legislature.  Attempts 
to  do  this,  however,  were  made,  and  induced  outrages  and  plunder,  lawless  men  taking  ad 
vantage  of  authority  obtained  through  these  organizations  for  that  purpose.  Before  Christ 
inas,  not  being  able  to  say  or  to  feel  quite  sure  that  insurrections  might  not  occur,  and  aware 
that  if  they  did  occur,  interference,  from  whatever  motive,  with  plans  to  prevent  or  sup 
press  them,  would  appear  inexcusable,  I  forbore  to  interfere.  But  when,  shortly  after  New 
Year,  an  order  of  the  same  kind  came  to  my  knowledge,  I  made  public  my  determination  to 
maintain  the  right  of  the  negro  to  keep  and  to  bear  arms,  and  my  disposition  to  send  an  .armed 
force  into  any  neighborhood  in  which  that  right  should  be  systematically  interfered  with. 
This  produced  a  quite  general  excitement  and  a  good  deal  of  abuse,  but  was  nevertheless  gen 
erally  recognized.  I  think  there  were  few  instances  in  which  it  was  interfered  with  after  New 
Year,  and  that  there  have  been  since  then  few  militia  organizations  in  any,  degree  of  cohesion 
or  efficiency.  The  people  seem  to  be  more  busy  in  making  a  living. 

Question.  As  far  as  you  know,  if  it  were  possible  to  establish  the  confederacy,  and  the  peo 
ple  of  Alabama  were  left  free  to  choose  between  the  establishment  of  the  confederacy  and  the 
maintenance  of  the  national  government,  which  would  they  choose  ? 

Answer.  My  opinion  upon  that  point  is  little  more  than  conjecture.  My  impression  is  that, 
as  a  question  of  State  pride,  they  would  prefer  completing  what  they  once  undertook.  But 
I  know  of  nothing  now  looking  to  that  end.  There  seems,  however,  to  be  quite  a  determined 
eifort  to  make  it  honorable  to  have  been  engaged  in  rebellion,  and,  if  possible,  to  make  it  dis 
honorable  to  be  among  them  as  an  officer  of  the  United  States,  and  particularly  so  to  have 
been  a  Union  man  among  them  during  the  war.  They  do  not  wish  to  make  it  dishonorable 
to  have  been  a  copperhead  or  simply  a  citizen  of  the  northern  States  during  the  war.  I  may 
say  further,  in  reference  to  the  maintenance  of  a  military  force  in  Alabama,  that  the  presence 
of  large  bodies  of  infantry  in  time  of  peace  creates  a  great  deal  of  disorder.  The  men  are  re 
moved  from  the  restraints  of  home,  not  amenable  to  the  civil  law,  and,  by  reason  of  their  be 
ing  scattered,  more  or  less  military  discipline  is  necessarily  relaxed.  The  stationing  of  snmll 
bodies  of  cavalry  through  the  State  would  localize  all  the  evils  of  garrison  presence,  while  it 
would  extend  the  area  of  efficient  operation.  It  is  to  catch  fugitives,  and  not  to  overcome  op 
position,  that  troops  are  necessary.  They  have  this  further  use,  that  men  feel  that  the  power 
of  the  government  is  present  where  it  has  not  much  strength  of  tin?  popular  affection. 

Question.  How  are  northern  men  received  in  Alabama  who  go  there  for  business  purposes 
or  to  cultivate  lauds  ? 


ARKANSAS GEORGIA — MISSISSIPPI — ALABAMA.  1 41 

Answer.  They  are  received  kindly  by  those  who  have  business  with  them  and  by  some 
others,  although  they  experience  from  a  portion  of  the  people  coldness,  and  occasion  ally  rude 
ness  and  insult.    I  have  known  of  no  case  in  Alabama  in  which  a  northern  man  was  subjected 
to  greater  inconvenience  than  the  attentions  of  a  horse-thief.     Some  portions  of  the  State,  I 
think,  should  be  excepted  from  what  I  have  stated  as  general  characteristics  of  the  whole. 
In  a  few  counties  civil  law  has  scarcely  any  prevalence  or  force,  and  gangs  of  ruffians,  mostly  /     ,J 
operating  at  night,  hold  individuals  under  a  r«ign  of  terror.     I  suppose  this  will  be  removed  1     ' 
as  these  counties  follow  the  progress  of  order  in  the  State.     The  city  of  Mobile  also  appears   ) 
to  be  largely  under  the  dominion  of  rowdyism,  and  animated  almost  throughout  by  active   ; 
hostility  to  the  freedmen.     During  the  past  six  months,  I  think,  four  colored  churches  have  \ 
been  burned  in  the  city  of  Mobile,  and  in  three  instances,  apparently,  because  prepai'ations 
were  made  to  establish  schools  in  them,  and  in  one  instance  directly  after  a  military  order 
directing  that  a  church  then  in  the  hands  of  white  trustees  be  restored  to  the  use  of  colored 
persons,  its  equitable  owners.     I  think  it  my  duty  to  say  generally,  as  enforcing  what  I  have 
said  as  to  the  reluctant  execution  of  the  laws,  that  I  have  not  known,  after  six  months'  resi 
dence  at  the  capital  of  the  State,  a  single  instance  of  a  white  man  being  convicted  and  hung 
or  sent  to  the  penitentiary  for  crime  against  a  negro,  while  many  cases  of  crime  warranting 
such  punishment  have  been  reported  to  me.     Nor  do  I  believe  that  faithfulness  to  this  degree 
in  the  execution  of  the  laws  can  be  obtained  without  external  stimulus,  though  latterly  I 
have  known  of  some  cases  of  parties  indicted,  and  one  or  more  persons  who,  for  alleged  capital 
offeoices,  were  and  are  refused  bail. 

Question.  What  was  the  nature  of  the  offences  to  which  you  refer  in  your  last  answer  ? 

Answer.  Homicide.     In  some  instances,  uiost  atrocious  murders. 

Question.  Were  they  numerous  ? 

Answer.  When  I  first  came  there  a  good  many  were  reported  to  me.  In  a  number  of  in 
stances  I  sent  out  a  competent  officer  with  a  considerable  body  of  cavalry  to  visit  the  locali 
ties  and  investigate.  I  found  that  some  of  the  cases  seemed  to  have  occurred  as  far  back  as 
the  beginning  of  the  war,  or  before.  In  others  the  condition  of  the  country  enabled  the  par 
ties  to  escape.  There  seems  to  have  been  a  decrease  in  the  frequency  of  such  cases,  which 
I  have  attributed  as  much  to  the  settling  down  of  society  as  to  the  enforcement  of  the  laws. 
One  of  the  principal  difficulties  I  found  in  caring  for  the  freedmen  was  that  large  numbers  of 
them  were  confined  in  jails,  charged  with  arson,  mule-stealing,  larceny,  and  other  crimes 
committed  under  cover  of  the  operations  of  our  forces.  Duty  and  order,  alike  required  that 
these  acts  should  be  vindicated  by  force,  if  need  be,  when  done  in  aid  of  the  forces  of  the 
United  States.  But  in  many  cases  this  could  not  be  asserted,  and  in  others  proof  was  want 
ing.  To  relieve  this  difficulty  and  conflict  I  proposed  to  Governor  Patton  that  he  should,  by 
proclamation,  pardon  all  offences  against  the  State  laws  during  the  war,  except  such  heinous 
crimes  as  he  should  think  proper  to  except.  The  idea  was  entertained  and  a  proclamation 
Issued  pardoning,  as  a  measure  of  conciliation,  all  crimes  done  during  the  war,  except  rape 
and  murder,  and  invoking  the  people  and  the  courts  to  give  such  effect  to  the  laws  of  the 
State  and  of  the  United  States  as  should  vindicate  the  step  "and  remove  all  pretexts  for  mili 
tary  surveillance."  The  effect  of  this  was,  I  think,  to  liberate  from  four  to  eight  hundred 
freedmen,  and  many  others,  without  any  marked  injury  to  society.  This  was  just  before  I 
left  Alabama.  I  mention  it  as  an  instance  of  executive  co-operation. 


WASHINGTON,  March  10,  1866. 
Captain  J.  H.  Matthews  sworn  and  examined. 

By  Mr.  BOUTWELL: 

Question.  What  is  your  age  and  occupation? 

Answer.  I  am  twenty-three  years  of  age ;  I  am  at  present  an  officer  of  the  66th  colored 
infantry;  I  have  been  on  duty  in  southern  Mississippi  since  the  1st  of  July  last,  either  as 
provost  marshal  or  sub-commissioner  of  the  Freedmen's  Bureau. 

Question.  What  opportunities  have  you  had  for  learning  the  opinions  and  sentiments  of 
the  people  in  Mississippi  ? 

Answer.  While  I  was  provost  marshal  I  administered  the  oath  of  amnesty.  I  was  also 
engaged  in  regulating  contracts  between  the  freedmen  and  their  former  masters,  and  I  had 
an  opportunity  to  attend  a  number  of  their  political  meetings  during  the  campaign  in  Octo 
ber  last. 

Question.  What  was  the  character  of  the  meetings  that  you  attended  ? 

Answer.  There  were  usually  two  distinct  parties  :  one  a  party  who  had  been  actively  en 
gaged  in  the  rebellion ;  the  other  a  party  who  had  not  been  so  actively  engaged.  The  party 
that  had  been  actively  engaged  in  the  rebellion  laid  claim  to  the  support  of  the  people  on 
that  account,  that  they  had  been  with  them  in  the  rebellion  four  years".  My  experience  is 
that  the  rebel  party  was  the  successful  party  in  nine  cases  out  of  ten. 

Question.  Did  either  party  claim  to  be  aXTnion  party  upon  principle  ? 

Answer.  I  heard  no  such  claim  made. 


142  RECONSTRUCTION. 

Question.  "What  ground  was  taken  by  those  who  hud  not  been  so  actively  engaged  in  the 
rebellion  ? 

Answer.  Their  former  experience  in  the  administration  of  civil  affairs.  From  the  first  of 
November  until  the  middle  of  January  I  acted  as  sub-commissioner  of  the  Freedineri's  Bu 
reau  for  the  counties  of  Amite"  and  Pike,  in  Mississippi. 

Question.  While  so  acting,  what  did  you  find  to  be  the  condition  of  the  freedmen? 

Answer.  I  found  it  to  be  very  bad  indeed.  In  ninety-nine  cases  out  of  a  hundred,  after 
the  surrender  of  the  rebel  armies,  contracts,  either  written  or  verbal,  were  entered  into  be 
tween  the  freedmen  and  their  former  masters  for  the  payment  of  services  from  the  surrender 
until  the  end  of  the  year,  when  the  crops  were  made;  in  ninety-nine  cases  out  of  a  hundred 
the  freedmen  were  driven  off  without  payment.  I  know  of  but  one  case  in  the  whole  neigh 
borhood  where  payment  was  made,  even  by  a  division  of  the  crop.  In  that  whole  locality,  I 
believe,  the  old  system  of  flogging  was  practiced  quite  extensively  up  to  the  end  of  the  year 
1865.  There  are  military  organizations  there,  which,  it  has  been  ascertained,  have  partici 
pated  in  very  many  of  these  floggings  and  outrages.  During  the  holidays,  or  about  that  time, 
these  militia  men  patrolled  the  country,  either  with  their  faces  blackened  or  without,  flogging 
and  maltreating  in  almost  every  way  the  freedmen,  and  in  some  cases  Union  men. 

Question.  Have  these  militia  organizations  been  suppressed,  or  are  they  still  in  existence  ? 

Answer.  I  believe  they  are  still  in  existence. 

Question.  When  did  you  leave  Mississippi  1t 

Answer.  About  the  first  of  this  month. 

Question.  What  was  the  condition  of  things  there  at  that  time  as  compared  with  what  it 
was  when  you  were  first  on  duty  as  sub-commissioner  of  freedmen? 

Answer.  The  night  before  I  started  to  come  on  here,  I  returned  from  a  tour  of  sixteen  days 
in  the  interior  of  the  State.  I  was  directed  by  order  to  proceed,  with  three  other  officers  and 
a  squad  of  cavalry,  into  the  interior.  The  order  was  from  Major  Reynolds,  acting  sub-com 
missioner  of  the  southern  district,  and  it  directed  us  to  investigate  into  the  condition  of  the 
freedmen.  While  out,  we  took  the  depositions  of,  perhaps,  fifty  persons,  black  and  white, 
concerning  the  treatment  and  condition  of  the  freedmen,  and  in  mauy  instances  the  party  by 
whom  outrages  had  been  committed  was  identified.  There  were  at  least  four  or  five  men 
who  were  known  to  be  militia  men,  who  were  engaged  in  many  of  these  outrages,  either  with 
or  without  their  faces  blackened. 

Question.  What  was  the  nature  of  the  outrages  to  which  those  depositions  related  ? 

Answer.  Inhuman  flogging,  to  the  extent,  in  some  cases,  of  350  lashes. 

Question.  For  what  alleged  offences  ? 

Answer.  Nearly  all  of  them  for  having  left  their  former  masters. 

Question.  Any  other  outrages  except  this  flogging  ? 

Answer.  There  was  a  black  man  hung  and  skinned.  It  was  claimed  that  he  was  skinned 
by  a  doctor  after  execution.  We  were  unable  to  find  out  the  true  facts  in  that  case,  but  he 
was  hung  and  skinned. 

Question.  For  what  was  the  man  hung  ? 

Answer.  For  attempting  to  escape  to  our  lines,  and  also  for  taking  with  him  his  master's 
horse. 

Question.  Did  he  have  any  trial  ? 

Answer.  No,  sir;  I  think  not.  Some  of  the  prominent  citizens  were  summoned,  but  he 

was  turned  over  to  some  Arkansas ,  I  think.  This  took  place  some  nine. mouths 

before  the  surrender. 

Question,  Did  the  depositions  of  which  you  have  spoken  relate  to  outrages  that  took  place 
since  Lee's  surrender,  or  before  ? 

Answer.  All  of  them  relate  to  matters  since  the  surrender  except  the  one  of  hanging  and 
skinning.  All  of  them  but  that  were  matters  that  occurred  about  the  holidays,  from  the 
middle  of  December  until  in  January.  » 

Question.  Were  the  outrages  all  instances  of  flogging,  or  were  there  other  outrages  ? 

Answer.  There  have  been  a  number  of  freedmeu  killed  in  that  vicinity;  two  at  Magnolia, 
in  Pike  county. 

Question.  What  do  you  know  about  any  anticipated  insurrection  among  the  negroes  about 
Christinas  ? 

Answer.  About  Christmas  and  New  Year  it  was  said  there  would  he  an  insurrection,  and 
orders  were  issued  by  the  governor  of  the  State  to  disarm  the  freedineii- 

Question.   Was  that  order  executed? 

Answer.  Yes,  sir;  and  mostly  by  the  militia.  And  it  was  in  the  executiPn»  or  pretended 
execution,  of  that  order,  that  the  most  of  those  outrages  were  committed. 

Question.  Have  the  United  States  authorities  interfered  in  that  district  to  preTeut  tne  dis' 
arming  of  the  negroes,  or  was  it  completed  so  far  as  the  militia  chose  to  do  it  1 

Answer.  I  think  the  United  States  authorities  took  no  measures  against  it.  I  nevver  na(* 
any  instructions  to  prevent  it,  although  I  reported  that  it  was  going  on. 

Question.  What  is  the  present  condition  of  the  negroes  ?     Are  they  quiet  and  at  work' ? 

Answer.  All  at  work  and  quiet. 

Question.  Are  they  generally  at  work  under  contracts  entered  into  with  the  advice  ^n^ 
consent  of  the  officers  of  the  Freedmeu's  Bureau  ? 


I 


ARKANSAS — GEORGIA  —MISSISSIPPI — ALABAMA.  143 

Answer.  I  think  the  contracts  are  acknowledged  before  civil  officers  now. 

Question.  What  are  the  wages  generally  paid  to  freedmen  ? 

Answer.  In  the  interior  of  the  State  they  are  very  low.  In  one  place  I  found  three  appar 
ently  able-bodied  negroes  working  for  $20  a  month  for  all  three  of  them.  In  other  places 
the  wages  are  quite  fair. 

Question.  What  are  the  wages  in  other  localities  ? 

Answer.  About  the  highest  are  $15  a  mouth.  The  average  is  probably  from  $8  to  $10  a 
month. 

Question.  Are  there  laborers  enough  in  that  region  to  supply  the  demand  for  labor  ? 

Answer.  I  do  not  think  there  are. 

Question.  What  information  have  you  received  as  to  the  number  of  the  negroes  in  Missis 
sippi  1  Have  they  diminished  or  increased  in  number  since  the  war  began  ? 

Answer.  They  have  diminished  fearfully  from  two  causes :  first,  the  want  of  attention ;  and 
secondly,  towards  the  close  of  the  war  it  was  the  uniform  practice  in  the  country  to  execute 
summarily  all  able-bodied  negroes  who  were  taken  attempting  to  make  their  escape  to  our 
lines.  In  the  summer  of  1863  some  twenty  of  them  were  executed  within  thirty  or  forty  miles 
of  Natchez  for  trying  to  escape  to  our  lines. 

Question.  In  your  last  trip  through  the  State  what  did  you  find  the  temper  of  the  white 
people  to  be  in  regard  to  the  government  of  the  United  States  ?  Are  they  prepared,  or  not, 
to  support  it  in  good'faith  ? 

Answer.  I  do  not  think  they  are.  I  find  the  people  generally  very  bitter,  so  much  so  that 
I  consider  it  dangerous  for  any  federal  officer  to  go  unescorted  through  that  country.  Par 
ticularly  between  New  Orleans  and  Vicksburg,  or  between  New  Orleans  and  Jackson,  it 
would  be  dangerous  for  a  man  to  be  seen  in  blue  clothes.  I  made  a  trip  in  the  middle  of  Jan 
uary  from  Natchez  to  Vicksburg  on  the  steamer  Grey  Eagle.  I  was  insulted  and  bemeaned 
in  every  conceivable  way  by  a  party  on  board  who  claimed  to  have  been  confederates.  They 
were  continually  drinking  toasts  and  cheering  Jeff.  Davis,  Semmes,  Lee,  and  Stonewall 
Jackson.  I  spoke  to  no  man  on  board  the  boat  but  the  clerk  of  the  boat.  I  was  known  to 
be  a  United  States  officer  by  my  uniform,  and  I  was  the  only  one  on  board,  and  they  took 
advantage  of  my  being  alone. 

Question.  How  would  it  be  with  northern  men  who  might  go  down  there  to  go  into  busi 
ness,  or  to  buy  or  lease  land  for  cultivation  ? 

Answer.  I  think  they  would  have  to  go  in  force. 

Question.  You  think  it  would  not  be  safe  for  them  to  go  singly? 

Answer.  No,  sir ;  it  would  not.  In  taking  the  evidence  of  white  persons  who  are  disposed 
to  give  evidence  in  regard  to  negroes,  they  invariably  cautioned  us  not  to  show  their  deposi 
tions  in  that  country  at  all,  and  assigned  as  a  reason  for  that  request  that  if  it  was  known 
they  would  be  unsafe ;  that  these  militia  men  would  come,  with  or  without  their  faces  black 
ened,  and  hang  them. 

Question.  Is  there  at  present  much  hostility  among  the  white  people  towards  the  negroes? 

Answer.  In  some  localities  I  think  there  is. 

Question.  What  class  of  white  people  show  this  hostility  ? 

Answer.  In  one  particular  neighborhood,  in  Amite"  county,  almost  the  entire  community. 
I  judge  so  from  the  fact  that  in  particular  localities  almost  the  rrhole  people  must  have  been 
in  this  "black  cavalry"  organization,  as  they  call  it.  At  least  thirty  to  forty  able-bodied  men 
have  been  seen  in  it  at  one  time,  that  being  probably  nearly  the  entire  able-bodied  portion  of 
the  community.  Several  members  of  these  militia  companies  have  been  identified  as  having 
blackened  their  faces  and  engaged  in  perpetrating  these  outrages.  The  vagrant,  law  of  the 
State,  as  it  is  termed,  I  think  works  very  badly  upon  the  freedmen.  That  law  is  enforced 
by  this  militia,  and  compels  all  freedmen  to  have  homes  after  the  first  week  in  each  year,  at 
whatever  wages  may  be  agreed  upon,  and  I  think  the  freedmen  are  not  allowed  to  change 
their  places  at  any  time.  I  know  of  several  instances  where  freedmen  have  gone  from  one 
county  to  another  and  made  contracts,  and  were  brought  back  by  men  with  their  faces  black 
ened,  who  whipped  them  and  ordered  them  not  to  leave  again.  I  have  heard  of  several  in 
stances  of  that  kind,  even  when  they  were  under  no  contract  with  their  former  masters.  Not 
a  single  instance  of  the  outrages  we  investigated  was  ever  investigated  or  prosecuted  by  the 
civil  authorities. 

Question.  What  security  have  the  freedmen  that  they  are  to  be  paid  this  year?  You  say 
they  were  not  paid  last  year. 

Answer.  I  know  of  no  security  further  than  the  articles  of  agreement. 

Question.  Are  there  any  schools  for  the  freedmen,  or  the  children  of  freedmen,  in  that  sec-  X  ^ 
tion  of  country  ? 

Answer.  Not  any. 

Question.  What  is  the  condition  of  the  white  peyple  there  in  regard  to  education  ?  What 
proportion  of  them  can  read  and  write  ? 

Answer.  I  think  that  out  of  the  thousand  persons  to  whom  I  administered  the  oath  of  am 
nesty,  perhaps  one  out  of  three  could  sign  his  own  name. 

Question.  Did  our  armies  at  any  time  pass  over  the  counties  of  which  you  speak,  the  coun 
ties  of  Amite  and  Pike  ? 


144  RECONSTRUCTION. 

Answer.  Yes,  sir.  I  think  that  General  Grierson's  and  General  Davidson's  commands 
went  through  there. 

Question.  Do  the  people  appear  to  expect  any  pay  for  their  slaves,  or  for  their  property 
lost  during  the  war  ? 

Answer.  Some  of  them  seem  to  expect  it. 

Question.  If  it  were  possible  to  establish  the  confederacy  as  they  hoped  to  do  when  they 
commenced  the  rebellion,  would  the  people  of  Mississippi,  so  far  as  you  know,  prefer  this 
government  or  the  confederacy  ? 

Answer.  I  believe  the  people  in  that  section  of  the  country  would  prefer  any  government 
rather  than  ours.  I  heard  several  say  in  the  State  legislature  that  they  believed  they  were 
right,  and  that  they  further  believed  that  if  there  were  a  just  Providence  he  would  not  fail  to 
bring  retribution  on  the  Yankees  for  what  they  had  done. 

Question.  Is  Governor  Humphreys  regarded  as  ever  having  been  a  Union  man? 

Answer.  I  think  not. 

Question.  The  people  look  upon  him  as  having  been  a  secessionist  from  the  beginnkg'? 

Answer.  Yes,  sir. 

Question.  Have  you  seen  an  order  purporting  to  have  been  issued  by  Governor  Humphreys, 
advising  the  organization  of  historical  societies  in  all  the  counties  of  Mississippi  ? 

Answer.  I  have. 

Question.  Do  you  suppose  that  order  to  be  genuine? 

Answer.  I  do. 

Question.  What  is  the  purpose  of  those  historical  societies  ? 

Answer.  One  purpose  is  said  to  be  to  collect  the  records  of  distinguished  soldiers  in  the 
confederate  service  and  forward  them  to  the  proper  officer  at  the  State  capital  for  preserva 
tion.  I  think  the  language  is,  "the  deeds  of  the  heroes  engaged  in  our  glorious  cause,"  or 
something  to  that  effect. 

Question.  Do  you  know  anything  of  the  societies  themselves  ?  Have  you  attended  the 
meetings  of  any  of  them,  or  learned  from  others  who  have  attended  them  ? 

Answer.  No,  sir. 

Question.  Do  you  know  whether  any  of  them  were  organized  in  Mississippi  before  you 
left  there  ? 

Answer.  Yes,  sir ;  I  know  of  several. 

Question.  Do  you  know  whether  many  people  belong  to  them  or  attend  their  meetings  ? 

Answer.  I  think  they  all  belong  to  them. 

Question.  All  the  people  ? 

Answer.  Pretty  much  all;  at  least  they  give  their  aid  and  assistance  in  furnishing  docu 
ments. 

Question.  Do  you  know  whether  any  part  of  the  proceedings  of  those  historical  societies 
are  secret  ?  Have  you  heard  anything  said  about  that  ? 

Answer.  I  have  never  heard  it  said  that  they  were  secret.  I  have  heard  that  there  were 
secret  societies,  but  what  they  were  I  do  not  know. 

Question.  What  information  have  you  received  as  to  there  being  secret  societies  in  Mis 
sissippi? 

Answer.  My  information  was  that  the  object  was  this :  that  all  parties  were  to  keep  quiet 
until  they  had  succeeded  in  bringing  their  State  into  their  former  relations  with  the  govern 
ment  of  the  United  States  ;  that  "  they  would  endure  these  things,"  to  use  their  own  expres 
sion,  "until  such  time  as  they  could  do  better." 

Question*  Have  you  made  reports  to  your  superior  officers  in  regard  to  the  condition  of 
the  freedmen  in  Mississippi? 

Answer.  Yes,  sir. 

Question.  How  recently  ? 

Answer.  My  last  re-port  was  dated  on  the  7th  of  January,  1866,  except  the  one  I  made  con 
jointly  with  Captain  Chattield  and  Captain  Hiscrodt,  just 'before  I  left  there. 

Question.  Did  any  of  these  reports  contain  anything  material  to  the  proper  understanding 
of  the  condition  of  things  in  Mississippi,  besides  what  you  have  stated  in  your  evidence  this 
morning  ? 

|:  Answer.  It  enumerated  instances  of  outrages,  and  gave  the  names  of  some  of  the  parties 
engaged  in  them. 

Question.  Can  you  furnish  the  committee  with  copies  of  some  of  them  ? 

Answer.  I  think  I  can :  I  think  some  of  them  are  now  in  Washington. 

Question.  Will  you  furnish  a  copy  of  your  joint  report,  to  be  made  a  part  of  your  testimony? 

Answer.  I  will. 

Question.  Is  there  anything  further  you  deem  it  important  to  state  in  connexion  with  this 
investigation  ?  ^ 

Answer.  I  might  refer  to  the  apprentice  law  of  Mississippi.  In  many  instances  freedmen 
and  freedwomen  are  deprived  of  their  children  under  the  pretext,  on  the  part  of  those  who 
take  them,  that  they  are  unable  to  support  them.  A  statement  to  that  effect,  made  by  a  white 
man,  will  secure  to  him  almost  any  frecdniau's  child  he  may  select.  In  many  instances  I 
have  known  them  to  deduct  from  two  to  four  years  from  what  the  parents  claim  to  be  the  age 
of  their  child,  and  have  them  apprenticed  till  they  are  13  or  21  years  of  age. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  145 

Question.  Is  this  apprentice  law  a  recent  law  of  Mississippi? 

Answer.  Yes,  sir ;  it  was  passed  this  last  winter.  And  then  there  is  a  law  prohibiting  ne 
groes  from  purchasing  or  leasing  property — a  law  which  is  particularly  obnoxious  tothefreed- 
men.  All,  or  nearly  all,  of  the  freed  men  have  a  great  desire  to  accumulate  property,  to  own 
or  lease  laud.  They  are  now  prohibited  by  State  legislation  from  doing  so. 

Question.  When  was  this  law  passed  ? 

Answer.  In  the  winter  of  lbC5  arid  1866. 

Question.  Are  the  negroes  so  far  intelligent  that  they  understand  the  great  questions  at 
issue  between  the  secessionists  and  the  Union  people  of  the  country  ? 

Answer.  1  believe  they  do  perfectly. 

Question.  What  are  their  own  desires  in  regard  to  their  future  ?  What  do  they  want  for 
themselves  ? 

Answer.  They  want  especially  to  be  property  owners,  land  owners.  They  want  to  be  ed 
ucated  ;  they  manifest  an  intense  desire  to  learn,  and  they  learn  very  rapidly  wherever  they 
have  the  opportunity. 

Question.  You  have  been  connected  with  a  colored  regiment  1 

Answer.  Yes,  sir. 

Question.  Have  the  soldiers  of  your  regiment  made  any  progress  in  education  since  you 
have  been  connected  with  it  ? 

Answer.  I  should  say  that  at  least  nine-tenths  of  them  had  learned  to  read,  and  that  from 
one-fifth  to  one-fourth  could  read  quite  well. 

Question.  Have  any  of  them  acquired  so  much  education  as  to  be  able  to  write  sentences, 
to  write  a  letter,  or  anything  of  the  kind  ? 

Answer.  A  great  many  of  them  have.  Almost  all  the  letters  for  the  soldiers  of  a  company 
are  now  written  by  some  of  the  members  of  the  company. 

Question.  Do  you  apprehend  any  danger  from  insurrection  of  the  freedmen  in  the  south  if 
they  are  treated  properly  I 

Answer.  Not  at  all.  My  impression  and  experience  lead  me  to  consider  them  the  best-dis 
posed  people  on  the  face  of  the  earth.  I  will  say,  however,  that  they  dread  being  turned  over 
to  the  State  authorities. 

Question.  Do  you  think  the  military  force  of  the  United  States  could  now  be  withdrawn 
from  the  State  1 

Answer.  Not  with  safety  to  the  freedmen. 

Question.  How  in  regard  to  the  white  Union  men? 

Answer.  In  many  portions  of  the  State  the  Union  whites  are  in  such  a  small  minority  that 
I  do  not  think  it  would  make  any  difference,  especially  in  Amite  and  Pike  counties. 

Question.  They  do  not  show  themselves  in  public  atfuirs  at  all  ? 

Answer.  No,  sir.  I  mean  those  who  were  formerly  Union  men ;  they  all  say  they  are  for 
the  Union  now. 

Question.  Do  the  white  people  desire  the  removal  of  the  Freedmen's  Bureau  ? 

Answer.  Yes,  sir ;  all  of  them. 

Question.  How  is  it  with  the  negroes  ? 

Answer.  They  desire  to  have  it  continued. 

Question.  Have  you  any  idea  how  much  land  is  likely  to  be  under  cultivation  in  Missis 
sippi  this  year,  in  comparison  with  the  amount  under  cultivation  just  previous  to  the  Avar,  say 
in  1859  and  1800  ? 

Answer.  I  think  all  the  tillable  land  will  be  cultivated  this  year  in  those  portions  of  the 
State  where  I  have  been.  There  is  a  great  deal  of  new  laud  being  broken  up,  wliic'h  will 
probably  offset  the  vacant  old  land. 

Question.  Do  you  expect  that,  with  a  good  season,  this  year  the  crops  will  be  about  as 
large  as  ever  ? 

Answer.  I  should  say  they  would  be  fully  as  large  where  I  have  been. 

Question.  Do  the  negroes  perform  as  much  labor  now  as  they  did  when  in  slavery  ? 

Answer.  I  am  told  by  men  who  are  known  to  be  well  disposed  towards  the  negroes  that 
they  work  excellently  well,  as  well  as  they  ever  did.     In  those  counties  where  tins  "  black 
cavalry"  organization  is  in  force  they  speak  differently ;  they  speak  disparagingly  of  the  no-    ' 
groes  and  of  their  disposition  to  labor.     I  desire  to  say  distinctly  that  the  right  of  the  negroes . 
to  go  from  one  part  of  the  State  to  another,  and  make  contracts  with  whom  they  please,  has 
been  entirely  prohibited  by  what  I  can  call  nothing  else  than  armed  organizations  for  whip 
ping  and  flogging  negroes.     In  many  instances  1  know  that  organizations  for  that  purpose 
are  officered  by  captains  and  lieutenants  and  even  sergeants. 

Question.  Where  did  you  reside  prior  to  the  war  ? 

Answer.  In  the  State  of  Iowa. 

Question.  When  did  you  enter  the  military  service  of  the  United  States  ? 

Answer.  In  1861. 

Question.  And  have  continued  in  that  service  during  the  war  ? 

Answer.  Yes,  sir. 

Question.  In  what  southern  States  have  you  been  while  in  service  ? 

Answer.  I  have  been  in  Missouri,  Arkansas,  Kentucky,  Tennessee,  Alabama,  Mississippi, 
and  Louisiana. 

10— A  G  M  A 


146  RECONSTRUCTION. 


OFFICE  OF  SUB-COMMISSIONE*  FREEDMEN,  &c., 

Magnolia,  Miss.,  January  12,  18G6. 

SIR  :  By  direction  of  Colonel  Samuel  Thomas,  assistant  commissioner,  I  have  the  honor 
to  submit  the  following  report  of  the  condition  of  freedmen  in  this  section  of  the  country : 

It  was  thought  that  while  civil  law  was  re-established,  when  laws  were  passed  for  the 
protection  of  the  freedmen  against  the  evils  that  might  arise  from  their  sudden  emancipation, 
these  philanthropic  lawgivers  would,  at  least,  accede  to  the  negro  the  right  to  live  and 
to  own  and  accumulate  property ;  but  to-day  the  ugly  fact  stares  us  in  the  face  that  there  is 
a  wide  gulf  between  our  anticipations  and  realizations. 

On  the  1 5th  day  of  December,  1865,  a  negro  reported  at  my  office  and  informed  me  that 
his  former  master,  Mr.  Felix  Allen,  of  Pike  county,  had  sent  him  into  Amite  county,  Missis 
sippi,  on  business,  and  that  he  would  call  and  see  me  on  his  return.  On  the  ensuing  day 
he  returned  to  my  office  most  shamefully  beaten,  and  stated  that  after  he  had  performed  his 
mission  with  Mr.  Allen's  son-in-law,  he  lodged  for  the  night  in  the  "  quarters"  on  the  place, 
by  direction  of  Mr.  Allen's  son-in-law  ;  that  while  in  bed,  about  11  p.  m.,  some  six  or  seven 
white  men  came  and  burst  into  the  house  and,  with  pistols  drawn,  asked  him  what  he 
was  doing  there,  when  he  informed  them  that  he  was  sent  there  by  Mr.  Allen,  his  master, 
and  that  if  they  would  go  with  him  to  the  white  folks'  house  he  would  prove  his  statement ; 
but  "no,"  they  told  him.  "We  dont  care  a  damn  for  that ;  we  want  you  to  go  with  us." 
When  they  had  taken  this  man  about  a  mile  they  were  met  by  about  fifty  (50)  armed, 
mounted  men,  supposed  to  be  militia,  and  commanded  by  a  man  they  called  "lieutenant,'' 
who  ordered  them  to  take  him  (the  negro)  off  from  the  road  and  give  him  a  flogging,  and 
when  they  had  proceeded  about  fifty  yards  from 'the  road  they  threw  him  down,  and  six  or 
seven  of  them  jumped  into  his  face  and  bosom  with  their  heels,  stamping  and  kicking  him. 
When  this  old  negro  (he  was  apparently  sixty  or  sixty-five  years  old)  returned  to  my  office 
he  presented  a  most  frightful  appearance,  his  breast-bone  broken,  and  spitting  blood.  On 
the  18th  day  of  December,  1865,  I  was  informed  that  a  negro  man  had  been  badly  beaten  by 
a  company  of  militia  at  Holmesville,  Mississippi.  When  I  proceeded  thither,  on  the  same 
day,  I  found  that  on  the  16th  of  December  the  colored  people  had  assembled  at  a  ball,  which 
was  broken  up  by  a  town  patrol,  and  one  man  badly  flogged. 

On  the  !^4th  day  of  December,  1865,  a  soldier  of  company  D,  66th  United  States  colored 
infantry,  received  a  five-days  pass,  with  permission  to  proceed  to  Summit,  Mississippi, 
and  on  the  second  day  he  was  halted  by  two  white  men  with  drawn  pistols  and  asked  "by 
what  authority  he  was  there."  He  produced  his  pass,  and  in  the  streets  of  Summit,  in 
broad  daylight,  these  two  men  cut  off  his  coat-buttons  and  the  fastenings  for  shoulder-scales, 
and  gave  him  an  hour  to  leave  town  or  they  would  kill  him. 

On  the  same  night  a  party  of  a  dozen  or  more  white  citizens  proceeded  to  a  house  occupied 
as  a  colored  school-house,  broke  it  open,  and  gave  the  teacher  until  the  next  morning  to 
quit  the  place.  This  teacher  was  a  colored  man,  and  had  permission  to  teach  from  the  pro 
vost  marshal  at  Brookhaven,  Mississippi. 

I  wish  especially  to  call  your  attention  to  the  many  brutal  outrages  perpetrated  by  a  com 
pany  of  militia  in  Amite  county,  Mississippi,  commanded  by  one  Captain  Daniel  Fenn. 
Several  of  his  actions  have  been  previously  noted  in  my  reports. 

About  the  holidays  this  company  patrolled  the  country  and  gave  the  negroes  a  general  flog 
ging,  whether  at  home  attending  to  business  or  absent.  On  the  Kane  plantation,  near  Ziuu. 
Hill,  a  woman  was  literally  cut  to  pieces,  in  which  Kane  himself,  a  militiaman,  took  an 
active  part.  On  the  same  night  a  woman  was  badly  beaten  on  the  Lumpkins  plantation, 
young  Lumpkins,  a  militiaman,  being  present  and  engaged  in  the  affair,  whose  father  is  a 
justice  of  the  peace  of  that  bent.  Also,  on  the  same  night,  a  woman  was  terribly  flogged, 
who  has  since  disappeared  and  cannot  be  found,  on  the  John  H.  McGee  place.  On  the 
following  night  a  negro  man,  whose  name  I  have  forgotten,  but  vouch  for  the  truthfulness 
of  the  statement,  had  two  pony-horses  taken  from  him  on  the  Kane  plantation  by  this  com 
pany,  when  he  (the  negro)  produced  his  bill  of  sale  for  the  property,  and  who  was  informed 
by  a  lieutenant  of  Fenn's  company  that  '*  negroes  were  not  allowed  any  property  larger  than 
a  chicken."  This  lieutenant,  together  with  Kane  .and  young  Lumpkins,  can  be  identified  as 
being  present  when  these  dastardly  outrages  were  committed ;  all  of  whom,  I  believe,  are 
members  of  Fenn's  militia,  in  Amite  county,  Mississippi. 

I  respectfully  invite  your  attention  to  a  murder  committed  by  one  John  H.  McGee,  some 
nine  months  since,  which  would  challenge  the  world  for  an  equal  in  studied  brutality,  which 
was  reported  to  me  some  time  since,  but  for  want  of  facts  I  did  not  feel  warranted  iu 
reporting  before.  Tlic  negro  icas  murdered,  beheaded,  skinned,  and  his  skin  nailed  to  the 
barn.  Should  this  affair  be  investigated,  I  wrould  refer  you  to  Mr.  Buiikly,  at  Bunkly's 
ferry,  who  can  give  the  names  of  parties  knowing  to  the  facts. 

While  marching  across  the  country  from  Magnolia  to  Natchez,  Mississippi,  the  6Sth 
United  States  colored  infantry  bivouacked  in  the  Zion  Hill  neighborhood,  and  1  determined, 
if  possible,  to  arrest  these  villains  and  march  them  to  Natchez.  For  this  purpose  I  pro 
ceeded  with  an  officer  and  two  mounted  men  to  the  several  plantations  where  these  depreda 
tions  had  been  committed,  but  was  unable  to  find  any  of  the  perpetrators  at  home — a  very 
bad  omen,  to  say  the  least  of. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  147 

I  have  given  these  statements  in  a  plain  household  style,  and  my  only  regret  is  my 
inability  to  do  the  subject  simple  justice.  I  wish  to  publish,  and  especially  to  the  officials  of 
Mississippi,  the  practical  workings  of  their  midnight  schemes.  I  beg  leave  to  make  the 
sweeping  statement,  that  in  some  four  or  five  townships  or  beats  in  the  counties  of  Amite  and 
Pike  nine-tenths  (,20)  of  the  entire  white  male  population  have  actually  perjured  themselves. 
All,  or  nearly  all,  have  subscribed  to  the  amnesty  oath,  and  have  sworn  to  refrain  from  the 
very  acts  they  are  performing ;  and  I  have  no  idea  that  more  than  one  in  ten  in  this  Zion 
Hill  vicinity  can  lay  his  hand  upon  his  heart  and  swear  he  has  acted  an  upright  and  honest 
part  toward  the  freedmen  since  taking  the  oath,  while  at  the  same  time  it  should  be  remem 
bered  that  this  same  Zion  Hill  country  is  continually  reporting  negro  insurrections  being  on 
foot — a  perfect  "  hot-bed"  for  originating  insurrection  canards.  No  wonder  that  such  an 
inmate  in  their  minds  as  the  recollection  of  their  own  nefarious  actions  should  be  the  insti 
gator  of  a  subterfuge  to  screen  themselves  in  violating  law  by  implicating  others  who  are 
defenceless. 

In  view,  then,  of  the  terribly  vindictive  passions,  not  only  among  but  controlling  the 
minds  of  these  people,  permit  me  to  respectfully  recommend  that  troops  be  stationed  in  tha-t 
section  of  the  country,  or  that  the  freedmen  be  protected  in  removing  to  some  locality  where 
their  lives,  at  least,  will  be  secure. 

Should  they  remain  where  they  are,  under  existing  circumstances,  their  condition  will  not 
only  be  rendered  worse  than  slaves,  but  the  safety  for  their  lives  and  their  hopes  for  the 
future  for  this  unfortunate  race  will  depart  forever. 
Very  respectfully,  your  obedient  servant, 

J.  H.  MATHEWS, 
Captain  and  Sub-Commissioner  of  Freedmen,  Sfc. 

Lieutenant  STUART  ELDRIDGE, 

A.  A.  A.  G.,  Frecdmeri's  Bureau,  State  of  Mississippi. 


WASHINGTON,  March  13,  1866. 

Major  General  Christopher  C.  Andrews  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  Have  you  been  connected  with  the  army  during  the  war  ?  If  so,  in  what 
capacity  ? 

Answer.  I  have.  I  was  mustered  into  the  service  as  a  private  soldier  on  the  llth  of  Octo 
ber,  1861,  and  commissioned  as  captain  on  the  4th  of  November  following.  I  was  mustered 
out  of  service  as  brevet  major  general,  to  take  effect  on  the  15th  of  January  last. 

Question.  Where  do  you  reside  ? 

Answer.  In  Minnesota. 

Question.  In  what  part  of  the  country  did  you  serve  during  the  two  years  preceding  your 
discharge  ? 

Answer.  In  Arkansas,  Alabama,  and  Texas.  I  was  with  General  Steele  in  his  campaign 
of  Little  Rock,  and  took  command  of  the  post  of  Little  Rock  on  the  1 1  th  of  September,  1803. 
I  was  in  command  of  the  post  of  Little  Rock  for  eight  mouths.  From  the  middle  of  July  to 
the  last  of  December,  18(34,  I  was  in  command  at  DuvalFs  Bluff,  Arkansas. 

Question.  When  did  you  finally  leave  Arkansas  ? 

Answer.  In  December,  1864. 

Question.  During  the  time  you  were  there,  what  was  the  temper  of  the  people  ?  Were 
they  loyal  or  disloyal,  generally  1 

Answer.  There  was  a  good  loyal  element  in  Arkansas,  better  than  in  any  State  I  have 
been  in  in  the  south  since  the  war.  In  March,  1864,  there  were  12,000  bonafide  votes  given 
for  the  free  State  constitution.  The  people  came  some  distance,  and  would  come  repeatedly 
during  the  three  days'  election,  in  order  to  vote,  the  voting  being  viva  voce,  and  quite  incon 
venient.  When  Governor  Murphy  was  inaugurated,  in  the  spring  of  1864,  there  was  a  pro 
cession  which  escorted  him  to  the  capitol  in  Little  Rock,  civic  ana  military,  over  three  miles 
in  length — the  whites  and  blacks  turning  out  generally. 

Question.  Do  you  understand  that  these  12,000  votes  were  given  in  March,  1864,  without 
any  constraint  ? 

Answer.  Yes,  by  Union  men — loyal  men. 

Question.  How  many  other  persons  do  you  estimate  were  in  the  State  of  Arkansas  who 
would  have  been  voters  had  there  been  no  rebellion  or  breaking  up  of  the  State  government, 
and  who  did  not  vote  1 

Answer.  I  have  not  very  good  means  of  forming  a  correct  estimate,  but  I  think  that  was 
probably  one-third  the  vote  of  the  State  previous  to  the  war.  I  may  be  mistaken  about  that. 

Question.  Have  you  any  opinion  of  the  effect  of  the  war  upon  the  population  of  Arkansas  — 
whether  it  has  diminished  it ;  and  if  so,  to  what  ext-ent  ? 

Answer.  I  think  it  has  diminished  the  population,  but  am  not  able  to  say  to  what  extent. 
Many  thousands  of  refugees  left  the  State  during  the  war.  I,  perhaps,  ought  to  say  that 


148  RECONSTRUCTION. 

there  was  a  reaction  in  Arkansas  soon  after  the  reverse  of  the  Red  river  campaign,  and,  un 
doubtedly,  many  who  voted  for  the  free  State  constitution  were  conscripted  into  the  confed 
erate  service,  and  that  some  others  who  voted  that  way  voluntarily  went  into  the  confed 
erate  service.  There  was  a  great  depression  in  Arkansas  after  the  lied  river  reverse.  Little 
Rock,  and,  indeed,  the  whole  line  of  the  Arkansas  river,  was  menaced  the  following  season 
by  the  confederate  armies ;  and  it  seemed  to  be  the  general  opinion  among  the  people  that  the 
federal  troops  would  be  driven  out  of  Arkansas.  But  the  fact  that  several  regiments  were 
raised  in  Arkansas  for  the  federal  service,  after  the  capture  of  Little  Rock  by  General  Stcele, 
is  an  evidence  of  the  loyalty  which  characterized  many  portions  of  the  State. 

Question.  What  was  the  feeling  of  the  people  towards  the  freedmen — kindly  or  otherwise, 
as  a  general  thing? 

Answer.  It  was  kindly,  in  proportion  as  the  people  were  loyal. 

Question.  Have  you  known  anything  of  the  State  since  December,  1864  ? 

Answer.  I  have  not,  personally. 

Question.  Where  did  you  serve  afterwards  ? 

Answer.  I  was  engaged  in  the  campaign  of  Mobile. 

Question.  And  did  you  remain  in  Alabama  after  Mobile  was  captured? 

Answer.  I  was  in  command  at  Sclma,  Alabama,  in  the  latter  part  of  April  and  early  part 
of  May,  1865. 

Question.  Did  you  then  leave  Alabama? 

Answer.  I  then  went  to  Mobile. 

Question.  State  tLe  condition  and  feeling  of  the  people  of  Alabama,  as  far  as  you  have 
observed  them. 

Answer.  I  think  there  was  a  very  good  feeling  at  Selma.  There  was  certainly  more  re 
spect  shown  for  the  federal  authority  than  I  have  seen  since  in  the  south.  Perhaps  it  was 
owing  to  the  fact  that  General  Wilson's  cavalry  column  had  recently  passed  through 
there.  There,  as  well  as  at  other  places,  some  of  the  more  enlightened  as  well  as  more 
prominent  men  appeared  well  disposed  towards  the  federal  government,  and  willing  to  make 
some  sacrifices  to  restore  its  authority.  Perhaps  I  ought  to  say  there  had  been  no  Freed- 
men's  Bureau  established  at  that  time  at  Selma,  and  it  was  necessary  to  use  some  restraint 
on  the  large  colored  population  in  the  neighborhood,  to  prevent  them  from  flocking  into  the 
town.  I  took  command  of  the  district  of  Mobile  on  the  day  after  the  explosion,  in  the  latter 
part  of  May.  I  remained  in  command  of  that  district  until  about  the  first  of  July. 

Question.  What  was  the  temper  and  conduct  of  the  people  there  ? 

Answer..  While,  as  I  said  in  regard  to  Selma,  a  few  seemed  well  disposed,  the  large  ma 
jority  did  not  attempt  to  disguise  "their  disloyal  sentiments. 

Question.  As  far  as  you  learned,  what  are  the  hopes  or  expectations  of  the  disloyal  part  of 
the  people  of  Alabama  as  to  the  future? 

Answer.  I  should  say  it  was  their  disposition  to  submit  to  the  federal  authority  no  more 
than  they  were  obliged  to ;  that  they  regarded  the  abolition  of  slavery  as  unconstitutional ; 
and  the  majority  undoubtedly  cherished  the  hope  of  having  the  proclamation,  in  some  man 
ner,  revoked.  It  was  common  to  hear  it  said  that  the  Supreme  Court  would  set  aside  the 
proclamation.  At  Mobile  the  people  still  had  a  great  horror  of  the  abolitionists,  and  a  great 
prejudice  against  people  who  are  disposed  to  give  the  freedmen  their  rights. 

Question.  As  far  as  you  have  observed,  if  it  were  possible  to  establish  the  confederacy, 
would  they  prefer  that,  or  a  continuance  of  the  Union  ? 

Answer.  They  would  prefer  the  establishment  of  the  confederacy ;  and  I  was  not  surprised 
that  that  was  the  feeling,  they  having  for  many  years  been  habituated  to  spurn  the  Union. 
I  do  not  apply  this  specially  to  the  disloyal  people  of  Mobile,  but  to  the  disloyal  people  I 
have  met  in  the  south  generally. 

Question.  Do  they  favor  the  education  of  the  freedmen  or  not  ? 

Answer.  They  do  not  favor  the  education  of  the  freedmen. 

Question.  What  is  the  sentiment  in  regard  to  allowing  the  freedmen  to  purchase  and  own 
land  and  to  cultivate  it  on  their  own  account? 

Answer.  There  is  little,  if  any,  disposition  to  have  them  enjoy  those  rights.  When  I  is 
sued  an  order  to  allow  the  freeduieu  to  testify  in  the  courts  it  seemed  to  produce  a  good  deal 
of  indignation  among  the  white  people. 

Question.  If  the  army  and  Freedmen's  Bureau  were  withdrawn,  and  the  government  here 
did  not  interfere  by  legislation  or  otherwise,  what  would  be  the  general  policy  of  Alabama 
and  other  southern  States,  as  far  as  you  know,  in  regard  to  the  freedmen? 

Answer.  The  freedmen  would  undoubtedly  be  worse  off  than  when  they  were  slaves.  They 
would  be  subjected  to  great  restraint  and  would  not  have  the  friendly  protection  which  they 
had  from  their  masters.  There  is  no  doubt  that  the  white  and  black  races  in  the  south  are  not 
friendly.  During  the  war  the  blacks  were  loyal  universally,  as  far  as  I  have  had  any  expe 
rience  or  observation ;  and,  whatever  may  be  the  reason,  there  is  a  great  degree  of  prejudice 
and  antipathy  against  the  freedmen  on  the  part  of  the  white  people  of  the  south.  It  ^\as  ;i 
common  thing  for  the  masters  to  say  to  the  blacks,  "Now,  you  are  made  free;  you  are  free 
and  can  go  wherever  you  please.  Go,  if  you  choose,  immediately ;  but  if  you  remain  with 
me  you  must  remain  and  do  just  as  you  have  done  heretofore,  and  I  will  treat  you  just  as  I 
have  heretofore."  The  consequence  was  that  a  great  many  of  the  freed  people  were  obliged 


ARKANSAS GEORGIA — MISSISSIPPI — ALABAMA.  149 

to  remain  still  in  a  state  of  slavery  or  wander  off  exposed  to  various  hardships  and  dangers. 
And  I  would  further  say,  that  there  was  an  understanding  among  those  who  had  formerly 
been  slave  owners  that  the  colored  people  should  not  be  employed  without  the  consent  of  their 
former  masters.  Although  many  of  the  planters  were  humanely  disposed,  and  appeared  will 
ing  to  make  the  best  of  the  new  state  of  things,  yet  the  majority  of  the  whites  were  decidedly 
hostile  to  the  freedmen,  and  whenever  a  wrong  was  done  to  a  freedman  it  seldom,  if  ever, 
occurred  that  any  of  the  white  people  would  interpose  to  bring  the  wrong-doer  to  justice. 

Question.  Do  you  know  anything  of  outrages  or  murders  perpetrated  upon  freedmen  or 
Union  whites  in  the  southern  States  ? 

Answer.  I  know  of  outrages  committed  upon  freedmen  in  Texas.  While  I  was  in  com 
mand  at  Houston,  Texas,  several  white  men  were  arrested  for  having  killed  freedmen. 

Question.  Were  the  charges  made  against  them  proved  on  their  trials  ? 

Answer.  They  had  not  been  brought  to  trial  when  I  left  in  the  early  part  of  August.  Not 
all  had  been  arrested. 

Question.  Are  the  freedmen  disposed  to  work  if  properly  paid  ? 

Answer.  They  are. 

Question.  Do  you  apprehend  any  danger  from  them  if  they  are  treated  as  they  should  be  ? 

Answer.  Not  the  least. 

Question.  What  would  be  the  condition  of  the  Union  men  of  Alabama  if  the  United  States 
forces  should  be  withdrawn  ? 

Answer.  It  would  be  about  the  same  as  it  was  during  the  war.  I  think  the  unconditional 
Union  men  would  have  no  voice  if  the  troops  were  withdrawn  ;  but  if  political  and  civil  rights 
were  given  to  the  freedmen  or  loyal  blacks,  I  think  it  would  meet  the  approval  of  the  uncon 
ditionally  loyal  white  element ;  nor  do  I  think  it  would  produce  that  violence  which  some 
seem  to  apprehend  in  such  an  event. 

Question.  Are  the  blacks  generally  so  far  intelligent  that  they  understand  the  questions  at 
issue  between  the  rebels  and  loyal  people,  so  that  there  would  be  no  danger  of  their  being  in 
duced  to  vote  with  the  rebels  1 

Answer.  I  think  they  are  sufficiently  intelligent  to  discriminate  on  that  subject. 

Question.  If  the  elective  franchise  is  confined  to  white  persons  would  they  be  likely  to 
choose  those  who  have  been.  Union  men  to  office,  or  those  who  have  participated  in  the  re 
bellion  ? 

Answer.  Those  who  have  participated  in  the  rebellion. 

Question.  Do  you  know  whether  or  not  the  people  of  the  south  expect  to  be  paid  for  their 
slaves  or  for  the  losses  they  have  sustained  in  other  ways  by  the  army  ? 

Answer.  I  do  not  know  as  they  expect  pay.  They  would  try  to  get  it  if  they  could.  In 
regard  to  conferring  rights,  civil  or  political,  upon  the  freedmen,  I  will  say  that,  owing  to  the 
degree  of  prejudice  existing  and  the  associations  of  the  people,  it  is  a  difficult  thing  for 
the  whites  voluntarily  to  confer  civil  or  political  rights  upon  the  freedmen.  For  instance, 
they  will  not  lift  a  hand  to  educate  the  freed  people,  and  yet  if  by  some  authority  they  were 
required  to  acquiesce  in  measures  which  conferred  such  rights  upon  the  freedmen  they  would 
do  so,  and  some  would  cheerfully  do  so. 


WASHINGTON,  D.  C.,  March  14,  1866. 
General  A.  L.  Chetlain  sworn  and  examined. 
By  Mr.  BOUTWELL: 

Question.  What  rank  did  you  hold  in  the  army  ? 

Answer.  Brevet  Major  General  United  States  volunteers. 

Question.  Where  did  you  reside  previous  to  the  war? 

Answer.  In  Galena,  Illinois. 

Question.  Have  you  been  in  the  service  since  Lee's  surrender  ?     If  BO,  where  ? 

Answer.  I  have  been — in  Tennessee  and  Alabama. 

Question.  How  long  have  you  been  in  Alabama,  and  when  did  you  leave  that  State  ? 

Answer.  I  was  in  Alabama  a  little  over  three  months,  and  I  left  there  the  1st  of  February 
last. 

Question.  Had  you  means  of  knowing  the  condition  and  sentiments  of  the  people  while 
you  were  there  ?  If  so,  what  were  your  means  of  information  ? 

Answer  I  had.  I  passed  through  my  own  district  and  the  district  of  Montgomery  several 
times  during  my  stay  in  Alabama,  and  I  addressed  the  colored  people  in  several  of  the  coun 
ties  at  the  request  of  the  planters.  I  mixed  freely  with  the  planters  and  conversed  with  them 
in  regard  to  affairs  connected  with  their  State. 

Question.  What  are  the  opinions  of  the  people  generally  in  reference  to  the  national  gov 
ernment  ? 

Anwer.  There  is  a  class  of  men  of  intelligence  and  wealth  in  the  State  who  seem  to  under 
stand  what  is  best  for  their  State,  and  who  act  and  talk  very  reasonably.  They  seem  anx 
ious  that  northern  men  should  come  into  the  State  with  the'ir  capital  to  engage  in  planting, 


150  RECONSTRUCTION. 

trading,  manufacturing,  &c.  But  a  much  larger  class,  and  I  should  say  a  majority  of  the 
people,  are  not  in  favor  of  northern  men  going  into  the  State.  They  oppose  them,  and  laui 
satisfied  that  after  the  withdrawal  of  the  troops  they  will  compel  them,  in  many  localities,  to 
leave  the  country.  It  is  invariably  the  case  that,  where  northern  men  engage  in  selling 
merchandise,  they  are  proscribed  by  southern  men,  and  are  never  patronized  by  them. 
Many  northern  men  who  went  into  Mobile  last  summer,  and  also  to  Selmaaud  Montgomery, 
finding  during  the  past  winter  that  they  could  not  make  a  living  there,  on  account  ot  south 
ern  people  being  determined  not  to  patronize  them,  have  been  selling  out  at  a  sacrifice  and 
leaving  the  country.  The  hostility  of  that  class  which  I  have  named  towards  northern  men 
has  shown  itself  more  in  what  is  known  as  the  cane-brake  region,  the  central  portion  of  Ala 
bama,  than  it  has  further  north.  I  was  informed,  just  before  leaving  Alabama,  by  one  of 
our  ex-generals,  who  has  planted  largely  in  the  vicinity  of  Selma,  that  threats  have  been 
made  that,  should  he  succeed  in  raising  a  cotton  crop,  he  never  would  be  permitted  to  sell  or 
ship  it ;  that  they  would  destroy  it  before  he  could  get  away.  He  has  applied  to  General 
Woods,  commanding  the  department  of  Alabama,  who  has  consented  to  furnish  him  with 
arms  and  ammunition,  so  that  he  may  arm  the  blacks  upon  the  three  plantations — a  squad  on 
each  plantation — to  protect  himself  and  his  property  after  the  withdrawal  of  the  federal 
troops.  There  is  generally  throughout  the  State  a  feeling  of  dislike  to  the  colored  people, 
and  in  some  localities  they  are  treated  brutally.  They  are  robbed  on  the  highways  and  very 
frequently  killed.  These  outrages  are  committed  by  the  class  of  people  who  have  been  in 
the  rebel  service,  and  have  lost  everything  they  possessed — people  of  no  responsibility,  and 
who  are  determined  to  wreak  their  vengeance  upon  the  blacks.  The  freedmen  of  Alabama 
have  generally  gone  to  work,  making  contracts  with  planters  and  others,  and  I  should  think 
that  nine-tenths  of  the  plantations  in  Alabama  will  be  cultivated  this  year.  The  price  of 
labor  is  low — lower,  I  think,  than  in  any  other  southern  State ;  the  wages  of  able-bodied  men 
range  from  eight  dollars  to  twelve  dollars  a  month,  and  of  women  from  six  to  eight  dollars. 

Question.  Has  the  population  of  Alabama  been  reduced  by  the  war? 

Answer.  Very  much.  It  is  estimated  that  55,000  men  from  Alabama  have  been  either — 
killed  or  disabled  during  the  war. 

Question.  How  is  it  as  to  the  black  population — has  that  been  reduced  ? 

Answer.  The  black  population  has  not  been  diminished  very  much.  That  comes  out  of 
the  fact  that  we  did  not  have  possession  of  the  middle  or  lower  part  of  that  State  until  the 
spring  of  18G5. 

Question.  Do  you  know  anything  of  the  expectations  of  the  people  in  regard  to  payment 
for  their  slaves  and  compensation  for  their  losses  during  the  war  ? 

Answer.  They  talk  very  freely  in  regard  to  an  effort  being  made  by  their  members,  when 
once  in  Congress,  to  get  pay  for  all  the  negroes  they  have  lost,  or  that  have  been  freed  under 
the  President's  proclamation.  They  also  expect  that  a  majority  in  Congress  will  be  secured, 
alter  the  admission  of  their  members,  to  give  the  disabled  soldiers  of  the  south  the  benefits  of 
the  pension  act.  They  also  speak  freely  of  the  matter  of  claims.  They  say  that,  now  that 
they  are  pardoned  and  again  in  the  family,  they  expect  the  government  will  pay  them  for  the 
damages  which  they  sustained  by  Sherman's,  Wilson's,  Grierson's,  and  Rousseau's  raids. 

Question.  Do  you  know  anything  of  the  men  who  have  been  elected  to  office  in  Alabama — 
whether  they  are  men  who  have  participated  in  the  rebellion,  or  were  consistent  Union 
men? 

Answer.  I  know  about  most  of  them.  I  was  in  the  State  at  and  before  the  election. 
Nearly  all  the  members  of  Congress  elected  in  the  State  are  men  who  have  served  in  the 
confederate  army,  and  I  know  that  in  public  meetings,  where  they  were  canvassing,  the 
claims  of  these  men  were  based  on  valuable  services  rendered  to  the  confederacy. 

Question.  So  far  as  you  have  observed,  would  the  people  of  Alabama  prefer  the  confeder 
acy,  if  it  were  possible  to  establish  it,  to  the  Union? 

Answer.  I  am  satisfied  that  a  majority  of  the  people  of  central  and  southern  Alabama 
have  but  little  love  for  the  Union.  I  do  not  regard  them  as  any  more  loyal  now  than  tlu-y 
were  two  years  ago.  If  there  was  any  hope  of  succeeding  I  believe  they  would  make  an 
other  attempt  to  gain  their  independence. 

Question.  How  is  it  in  northern  Alabama  ? 

Answer.  I  am  unable  to  say ;  I  was  not  in  that  part  of  the  State  last  year.  Kid 
napping  negroes  in  central  and  southern  Alabama  has  been  carried  OQ  for  some  mouths 
past.  The  plan  of  operations  is  this :  They  hire  negroes  as  steamboat  hands  at  such  places 
as  Montgomery,  Selma,  and  Cahawba.  and  take  them  to  Mobile,  where  they  are  re-hired  to 
go  to  Pensacola  or  New  Orleans,  at  increased  wages.  When  the  vessel  once  gets  into  the 
Gulf,  instead  of  putting  into  New  Orleans  or  Pensacola,  they  go  direct  to  Cuba,  to  some  out 
of-the-way  port,  and  there  sell  the  blacks  at  from  three  to  five  hundred  dollars  each  in  gold.  I 
was  informed  by  a  gentleman,  who  is  now  in  the  employment  of  the  Freedmen's  Bureau  as 
a  surgeon,  but  who  requested  that  I  should  not  make  his  name  known,  that  in  January  last 
he  heard  parties  in  Selma  talking  about  that  matter,  and  stating  that  they  made  a  good  thing 
of  running  slaves  to  Cuba,  and  were  making  arrangements  to  form  a  company  and  carry  on 
the  business  on  a  larger  scale. 

Question.  Is  there  any  other  fact  within  your  knowledge  touching  that  matter  ? 

Answer.  No,  sir.     I  omitted  to  state  at  the  commencement  of  my  testimony  that  in  some 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  151 

localities  of  central  Alabama,  and  also  in  Mississippi,  I  am  satisfied  there  are  secret  organi 
zations  in  existence  to  compel  northern  men  to  leave  the  country  after  the  withdrawal  of  the 
federal  forces. 

Question.  Do  you  know  anything  of  the  number  and  extent  of  these  organizations — 
whether  they  are  few  or  many? 

Answer.  No,  sir,  I  do  not.  I  should  judge  there  were  quite  many  of  them.  They  do  not 
extend  over  the  whole  country,  but  are  limited  to  certain  localities.  I  have  talked  freely  with 
many  of  the  leading  men  of  the  State  in  reference  to  this  thing,  and  they  seemed  to  be  aware 
of  the  existence  of  these  organizations,  and  also  of  the  fact  that  a  large  part  of  the  popula 
tion  of  the  State  are  dissatisfied  and  vindictive,  and  opposed  to  northern  men  coming  into 
the  State.  But  they  say  that  their  influence  will  be  sufficient  to  restrain  them  after  the 
withdrawal  of  the  troops. 

Question.  What  is  your  opinion  as  to  the  expediency  of  withdrawing  the  troops  ? 

Answer.  I  think  that  the  troops  had  better  be  kept  in  the  State  some  time  longer. 

Question.  What  has  been  the  effect  of  the  Freedmeu's  Bureau  there — beneficial,  or  other 
wise? 

Answer.  It  has  been,  on  the  whole,  efficient  and  beneficial.  Last  fall,  when  tho  planters 
were  settling  with  the  freedrnen  for  their  summer's  work,  I  found  that  there  was  more  or  less 
difficulty  in  settling.  There  seemed  to  be  a  disposition  on  the  part  of  a  very  large  number  of 
planters  to  overreach,  indirectly,  the  freedmen,  and  to  defraud  them  of  a  part  of  their  earn 
ings.  There  is  a  strong  feeling  of  hostility  to  the  Freedmeu's  Bureau  throughout  the  central 
part  of  Alabama,  and,  next  to  the  withdrawal  of  the  troops,  they  are  anxious  to  have  that 
bureau  discontinued.  They  regard  that  as  a  species  of  espionage,  and  oppose  it  very 
strongly. 

Question.  What  do  you  anticipate  would  be  the  effect  upon  the  colored  people  if  the 
Freedmen's  Bureau  and  the  troops  were  withdrawn,  and  if  the  colored  people  were  left  to  the 
management  of  the  white  people  there  ? 

Answer.  I  think  that  in  many  localities  they  would  be  treated  very  harshly.  There  is  a 
disposition  on  the  part  of  many  of  the  members  of  the  legislature  of  Alabama  to  legislate  in 
regard  to  the  freedmen,  and  they  state  that  they  cannot  legislate  as  they  wish  now,  because 
their  action,  if  not  .satisfactory  to  the  government  or  to  the  military  authorities,  would  be  an 
nulled  ;  but  that  they  hope,  as  soon  as  their  State  has  assumed  its  former  relations  to  the 
government,  to  legislate  as  they  think  best,  and  then  they  will  "  show  the  negro  where  his 
place  is." 

Question.  What  is  the  disposition  of  the  negroes,  if  properly  paid?  Are  they  inclined  to 
work,  or  not  ? 

Answer.  They  seem  to  be  inclined  to  work,  with  few  exceptions. 

Question.  Apprehensions  were  expressed  about  Christmas-time  of  an  insurrection :  is  there 
any  danger  of  it,  do  you  think  ? 

Answer.  No,  sir;,  none  whatever. 

Question.  Are  the  people  disposed  to  allow  the  negroes  to  become  owners  of  land,  or  have 
the  negroes  means  to  pay  for  the  land  ? 

Answer.  In  some  localities  the  whites  will  prevent  them  purchasing  property  ;  in  other 
localities  I  think  they  will  allow  the  negro  to  acquire  property.  One  portion  of  the  district 
I  commanded  is  up  in  the  mountains,  where  there  was  a  strong  Union  sentiment  at  the  com 
mencement  of  the  war,  while  the  other  is  in  the  cane-brake  region,  which  is  strictly  a  cotton- 
growing  section,  and  where  the  state  of  society  is  very  different. 

Question.  As  far  as  you  have  observed,  has  the  sentiment  of  the  people  been  improving, 
or  otherwise,  with  reference  to  the  government  ? 

Answer.  I  think  it  has  not  improved  any  since  last  summer. 

Question.  State  whether,  within  your  knowledge,  or  from  official  information,  outrages 
have  been  committed  on  Union  whites  or  negroes. 

Answer.  On  investigation  in  my  district,  about  the  first  of  last  January,  I  found  that  in  a 
score  of  instances  freedmen  had  been  brutally  treated  by  whites.  Many  had  been  killed, 
others  robbed  on  the  highways,  and  many  driven  from  their  homes  in  a  destitute  condition. 
These  facts  were  reported  to  General  Woods,  commanding  the  department. 


WASHINGTON,  March  14,  1866. 
General  Jamos  G.  Blunt  sworn  and  examined. 
By  Mr.  BOUT  WELL  : 

Question.  What  rank  did  you  hold  in  the  army  ? 
Answer.  Major  general  United  States  volunteers. 
Question.  Where  were  you  residing  previous  to  the  war? 
Answer.  In  Kansas. 

Question.  Have  you  been  in  Arkansas  since  Lee's  surrender?    If  so,  during  what  period  of 
time  ? 


1 52  RECONSTRUCTION. 

Answer.  Yes,  sir ;  I  was  in  the  western  portion  of  Arkansas  during  the  entire  month  of 
September,  1865. 

Question.  Over  what  part  of  the  State  did  your  observations  extend  ? 

Answer.  The  principal  portion  of  the  time  referred  to  was  spent  at  Fort  Smith. 

Question.  Did  you  have  any  means  of  knowing  the  sentiments  and  opinions  of  the  people  ? 

Answer.  I  associated  a  good  deal  with  the  people.  I  was  frequently  in  communication 
with  many  persons  who  had  served  in  the  rebel  army  as  officers,  and  also  with  citizens  who 
had  aided  in  the  rebellion. 

Question.  As  the  result  of  your  observation,  what  were  the  sentiments  of  the  people  with 
reference  to  the  government ;  were  they  loyal  or  disloyal  ? 

Answer.  So  far  as  my  observation  extends  those  who  had  been  identified  with  the  rebel 
government,  either  in  military  or  civil  capacity,  or  who  had  sympathized  with  and  aided  in 
the  rebellion,  since  the  cessation  of  hostilities  act  in  good  faith,  according  to  the  conditions 
on  which  they  had  surrendered. 

Question.  What  proportion  of  the  people  of  that  region  were  voluntarily  engaged  in  the 
rebellion  ? 

Answer.  My  personal  knowledge  of  the  political  status  of  Arkansas  only  extends  to  the 
western  portion  of  the  State,  where  I  conducted  military  operations  more  or  less  since  Sep 
tember,  1862.  At  the  election  in  the  spring  of  1861  for  delegates  to  the  convention  to  delib 
erate  on  the  question  of  secession  in  Arkansas,  the  direct  issue  was  made  in  the  western,  and 
particularly  northwestern  portion  of  the  State,  on  the  question  of  secession ;  that  is,  the  can 
didates  were  secession  and  anti-secession.  In  the  first  tier  of  counties  on  the  western  border 
of  Arkansas  at  least  two-thirds  of  the  entire  vote  was  cast  for  Union  candidates.  After  the 
ordinance  of  secession  passed,  and  when  that  portion  of  Arkansas  was  menaced  by  the  pres 
ence  of  a  large  rebel  army  from  Texas  under  General  McCullough,  and  also  of  the  rebel  army 
under  Price,  that  had  fallen  back  from  Missouri,  a  great  many  persons  whose  sympathies 
were  with  the  government  attempted  to  leave  the  State.  Many  of  them  did  succeed  in  get 
ting  out  of  the  rebel  lines,  a  large  number  of  whom  joined  the  federal  army.  Others  were 
not  successful  in  making  their  escape,  and  some  were  hung  and  others  cruelly  treated  for 
their  expressions  of  loyalty.  A  great  many  were  compelled  by  force  of  circumstances  to 
enter  the  confederate  service  against  their  will,  many  of  whom  afterwards  deserted  and  came 
within  the  federal  lines  the  first  opportunity  that  presented. 

Question.  How  are  the  freedmeri  regarded  and  treated  in  western  Arkansas? 

Answer.  My  observation  in  September,  1865,  was  that  they  were  well  treated.  In  that  por 
tion  of  Arkansas  to  which  I  refer,  the  relations  between  the  freedmen  and  the  resident  popu 
lation,  including  a  great  many  returned  rebels,  seemed  to  be  satisfactory  both  to  the  freedmen 
and  to  the  citizens.  There  were  very  few  freedmen  not  provided  with  employment.  There 
was  a  disposition  on  their  part  to  seek  employment,  and  there  seemed  to  be  no  apprehension 
that  they  would  be  defrauded  or  ill-treated  by  their  employers.  I  may  state,  however,  in 
this  connexion,  that  my  knowledge  of  the  political  status  of  Arkansas,  both  past  and  present, 
is,  that  western  Arkansas  is  much  more  loyal  than  the  eastern,  and  particularly  the  south 
eastern  portion  of  the  State. 

Question.  Has  the  population  of  Arkansas  diminished  during  the  war,  do  you  think  ? 

Answer.  Yes,  sir  ;  I  think  it  has. 

Question.  To  what  extent  ? 

Answer.  The  aggregate  population  of  Arkansas  may  not  be  much  less  than  it  was  at  the 
commencement  of  the  war,  inasmuch  as  many  northern  people  have  settled  there  since  the 
termination  of  the  \var.  A  great  many  men  who  had  been  connected  with  the  federal  army 
have  remained  and  settled  there  since  they  were  mustered  out  of  service.  I  think  tlu; 
State  has  lost  a  large  percentage  of  the  population  that  she  had  at  the  commencement  of  the 
war,  but  their  places  to  a  great  extent  have  been  supplied  by  loyal  people  from  other  States. 

Question.  Have  you  any  opinion  of  their  losses  in  the  rebel  army? 

Answer.  No,  sir ;  I  have  not. 

Question.  Do  you  know  how  many  troops  Arkansas  furnished  to  the  rebels  ? 

Answer.  I  do  not.  I  know  of  four  regiments  which  western  Arkansas  furnished  to  the 
ederal  army.  Two  of  those  regiments  were  under  my  immediate  command  for  a  conside- 

ble  time. 

Question.  Did  they  consist  of  colored  men,  or  of  whites  ? 

Answer.  These  were  white  troops.  Many  others  from  Arkansas,  I  know,  succeeded  in 
getting  inside  our  lines,  and  enlisted  in  Kansas  and  Missouri  regiments.  One  of  the  two 
egiments  of  Arkansas  troops  under  my  command  was  commanded  by  Colonel  Johnson, 

ember  elect  to  Congress  from  that  State. 

Question.  Is  Colonel  Johnson  a  true  Union  man  ? 

Answer.  I  regard  him  as  a  very  true  loyal  man. 

Question.  Do-as  ho  represent  western  Arkansas  ? 

Aiiswer.  Yes,  sir.  I  have  always  been  of  the  opinion  that  Arkansas,  at  the  commence 
ment  of  tho  war,  was  as  loyal  as  the  State  of  Missouri  or  the  State  of  Kentucky.  My  oppor- 
xmities  of  observation,  and  of  obtaining  a  personal  knowledge  of  the  political  W^/^/x,  or  rela 
tive  political  status,  of  Missouri  and  Arkansas  at  the  commencement  of  and  during  the  war, 
have  been  quite  good — perhaps  as  much  so  as  in  the  case  of  any  other  man  iu  the  west. 

NOTE. — 8,072  private  libraries,  containing  4,648,135  volumes,  are  included. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  153 

The  loyalty  of  Arkansas  had  not  the  opportunity  of  manifesting  itself  in  aid  of  the  government, 
as  in  the  case  of  the  loyal  people  of  Missouri.  At  the  commencement  of  the  war  Arkansas 
was  far  beyond  our  lines,  and  beyond  the  reach  of  succor  from  the  general  government,  and 
the  loyalists  there  were  left  to  the  mercy  of  armed  rebel  forces  surrounding  them  on  all  sides, 
while  Missouri  was  in  a  position  to  avail  herself  of  assistance  from  loyal  States  bordering  oa 
her. 

Question.  Is  it  yonr  opinion  that  western  Arkansas,  assuming  that  all  the  white  people 
vote,  (those  who  have  been  in  the  rebel  army  as  well  as  those  who  have  been  in  the  Union 
army,)  will  be  able  to  maintain  a  loyal  position,  and  to  elect  loyal  representatives  ? 

Answer.  I  believe  that  the  district  represented  by  Colonel  Johnson,  which  embraces  north 
western  and  western  Arkansas,  and  of  which  I  have  a  personal  knowledge,  would  elect  a 
loyal  representative  to  Congress,  even  though  all  the  federal  troops  were  withdrawn,  and  the 
matter  left  to  the  decision  of  the  resident  population,  including  those  who  had  taken  part  in 
the  rebellion.  I  think  the  election  would  be  controlled  by  loyal  men. 

Question.  If  anything  else  occurs  to  your  mind  showing  the  condition  and  sentiments  of 
the  people  of  Arkansas,  you  may  state  it. 

Answer.  I  do  not  know  anything  more  than  I  have  stated  that  would  be  of  importance. 
My  personal  knowledge  only  extends  to  western  Arkansas,  where  I  have  conducted  military 
operations  a  considerable  portion  of  the  time  during  the  war,  and  where  I  have  spent  some 
time  since  the  termination  of  the  war.  In  that  portion  of  the  State  I  think  that  I  have  a 
tolerably  correct  knowledge  of  the  sentiments  and  dispositions  of  the  people. 


WASHINGTON,  March  19,  I860. 

Jonas  M.  Tebbetts  sworn  and  examined. 
By  Mr.  BOUT  WELL  : 

Question.  Where  do  you  reside,  and  where  have  you  been  residing  during  the  rebellion  ? 

Answer.  I  left  Arkansas  in  June,  ]8C*2.  Previous  to  that  I  had  been  residing  at  Fayettc- 
ville,  in  that  State.  I  went  back  in  the  fall  of  that  year  to  General  Schofield's  army,  got  my 
family  out,  returned,  and  resided  in'the  neighborhood  of  St.  Louis.  I  had  been  living  in 
that  State  since  18:39.  I  returned  to  it  again  this  winter,  in  the  month  of  January,  remained 
there  about  two  months,  and  then  came  on  to  this  city. 

Question.  While  you  were  a  citizen  of  Arkansas,  how  were  you  employed  ? 

Answer.  As  attorney-at-law. 

Question.  To  what  extent  had  you  an  acquaintance  with  the  people  of  that  State  previous 
to  the  rebellion  ? 

Answer.  My  acquaintance  with  the  people  of  that  State  was  very  general,  having  been 
engaged  in  the  practice  of  my  profession,  and  travelled  all  over  the  State  for  18  or  20  years. 

Question.  Did  you  take  any  part  in  the  rebellion,  or  the  controversies  that  preceded  it,  on 
either  side  ? 

Answer.  I  took  no  part  in  the  rebellion  in  favor  of  it  at  all.  I  took  a  very  decided  stand 
against  it  previous  to  its  commencement,  and  owing  to  my  political  views  I  was  compelled 
to  leave  there  after  having  suffered  arrest,  imprisonment,  and  the  destruction  of  my  property. 

Question.  What  opportunities  have  you  had  of  knowing  the  condition  of  Arkansas  and 
the  sentiments  of  its  people  during  your  recent  visit  of  two  months  ? 

Answer.  I  went  to  Little  Rock  and  mingled  very  freely  with  the  people  of  the  State,  having 
many  conversations  with  my  old  friends  and  acquaintances,  but  had  no  opportunity  of  going 
over  the  State  while  I  was  there. 

Question.  Did  you  learn  any  facts  showing  the  opinions  of  the  people  towards  this  gov 
ernment  ? 

Answer.  I  think  I  was  able  to  get  at  what  the  spirit  of  the  people  of  Arkansas  was  with 
regard  to  the  government. 

Question.  What  did  you  find  it  to  be  ? 

Answer.  1  believe  there  is  a  sincere  disposition  upon  the  part  of  the  great  mass  of  the 
people  to  accept  the  results  of  the  war  in  a  proper  spirit,  and  to  conform  themselves  to  the 
new  order  of  things.  Of  course  there  are  some  factious  spirits,  but  these  are  sentiments  of 
the  great  mass  of  the  people,  and  among  the  more  intelligent  and  better  informed  that  spirit, 
I  think,  is  very  prevalent. 

Question.  If  it  were  possible  to  establish  the  confederacy,  as  was  attempted  in  1861,  would 
the  people  of  Arkansas  prefer  its  establishment,  or  the  restoration  of  the  Union? 

Answer.  I  think  they  would  prefer  the  restoration  of  the  Union.  I  think  many  of  the 
leading  spirits  of  the  rebellion,  if  they  had  an  opportunity,  with  a  certainty  before  them  of 
establishing  the  confederacy,  would  not  bo  disposed  to  do  it.  I  have  here  a  letter  from  one 
of  the  most  eminent  citizens  of  Arkansas,  long  a  journalist  in  that  State,  a  man  very  highly 
esteemed  among  all  classes,  in  which  he  says : 

"So  fur  as  my  information  extends,  I  have  not  seen  a  respectable  white  man  in  the  State 
who  would  be  in  favor  of  a  renewal  of  the  contest  for  the  separation  of  the  south  from  the 


154  RECONSTRUCTION. 

north,  even  if  it  could  be  made  manifest  that  it  could  be  done  without  the  possibility  of 
failure.  All  are  for  peace  and  quiet,  and  for  the  reconstruction  and  restoration  of  the  southern 
States  to  their  rights  under  the  Constitution  as  it  was  understood  and  considered  before  the 
war." 

Question.  What  part,  if  any,  did  this  writer  take  in  the  rebellion  T 

Answer.  He  is  a  very  old  man,  and  took  no  active  part  at  all.  His  sympathies  were 
unquestionably  with  the  south. 

Question.  What  do  you  understand  by  the  expression  he  uses,  "  restored  to  their  rights 
under  the  Constitution  as  it  was  understood  before  the  war?" 

Answer.  I  do  not  know  that  I  can  give  an  interpretation  to  what  was  his  full  meaning. 
He,  himself,  is  much  in  favor  of  the  restoration  of  peace  and  quiet — for  the  restoration  of 
order  in  the  State,  and  for  the  State  conforming  to  all  the  requirements  of  the  Constitution. 
And  I  can  indorse,  in  the  main,  his  statement  upon  that  point. 

Question.  Have  you  any  means  of  stating  the  loss  in  white  population  to  Arkansas  by 
the  war? 

Answer.  I  have  not.  Many  of  her  citizens  went  into  the  State  of  Texas,  and  have  estab 
lished  themselves  in  homes  there.  Some  have  been  killed  in  the  war,  and  some  have  moved 
into  Missouri  and  other  States  north.  I  have  no  means  of  giving  a  correct  estimate  of  the 
probable  loss  in  white  population  to  Arkansas  by  the  war.  I  hold  in  my  hand  a  letter  from 
Governor  Murphy,  of  the  xJCth  of  February,  in  which  he  states  in  a  very  clear  manner  the 
condition  of  our  State.  He  says : 

"The  State  is  doing  nobly.  I  feel  proud  of  the  condition  of  Arkansas.  Never,  since  it 
has  been  a  State,  have  the  people  displayed  more  energy.  In  most  of  the  counties  every 
foot  of  cleared  land  will  be  cultivated,  and  the  demand  will  not  be  supplied.  Civil  law  is 
in  full  operation.  Crime  is  rare.  The  idle  and  lawless  have  generally  left  the  country. 
Grand  juries  are  doing  well.  The  hostile  elements  are  harmonizing  rapidly.  If  unanimity 
and  firmness  guide  the  government  at  Washington,  our  trouble  will  be  at  an  end.  Harmony 
between  Congress  and  the  President  is  of  the  utmost  importance  to  the  peace  of  the  south. 
God  grant  that  harmony  may  prevail  in  our  national  councils ;  and  may  all  the  departments 
be  guided  by  a  spirit  of  wisdom  and  patriotism.  If  party  spirit  and  selfish  ambition  get  the 
control  of  the  government,  our  troubles  are  but  begun.  The  southern  people  are  tired  of 
agitation;  they  want  peace ;  we  want  quiet  and  protection,  that  we  may  devote  ourselves  to 
the  restoration  of  our  fortunes  and  the  education  of  our  children.  This  is  the  feeling  of  the 
industrious  masses." 

I  think  I  can  indorse  everything  the  governor  says.  I  conversed  a  great  deal  while  I  was 
there  with  people  from  various  parts  of  the  State. 

Question.  Have  you  any  opinion  as  to  the  temper  of  the  people  upon  the  question  of 
extending  the  elective  franchise  to  the  negroes,  or  any  part  of  them  ? 

Answer.  I  think  our  people  are  opposed  to  that.  The  opinions  or  prejudices  of  years  are 
not  changed  in  so  short  a  time. 

Question.  Is  there  not  some  difference  of  opinion  among  the  white  citizens  of  Arkansas  ? 
Are  there  not  some  persons  there  who  would  be  in  favor  of  at  least  qualified  negro  suffrage? 

Answer.  I  believe  there  are  some,  but  I  think  there  are  very  few,  even  among  those  who 
were  Union  men  during  the  whole  rebellion,  or  indeed  among  those  who  were  in  arms  tight- 
ing  against  the  rebellion. 

Question.  As  far  as  you  know,  what  are  the  sentiments  of  the  negroes  on  the  question  of 
Union  or  secession  ?  Are  their  sympathies  with  the  rebellion  or  with  the  Union,  as  a  gen 
eral  thing  ? 

Answer.  Almost  universally  with  the  Union.     Indeed  I  know  of  no  exception. 

Question.  What  proportion  of  white  voters  in  Arkansas  were  Union  men,  after  the  com 
mencement  of  hostilities,  after  the  south  was  fairly  involved  in  the  rebellion? 

Answer.  Up  to  the  time  the  convention  passed  an  ordinance  of  secession  I  believe  a  large 
majority  of  our  people  were  decidedly  for  the  Union ;  and  then,  with  a  very  considerable  ma 
jority,  there  was  a  reluctant  acquiescence  in  that  ordinance.  With  many  there  was  no  ac 
quiescence  at  all. 

Question.  If  that  bo  the  fact,  how  do  you  explain  the  circumstance  that  a  minority  had 
control  of  the  State  ? 

Answer.  The  politicians  and  secessionists  of  our  State  were  organized  and  had  concert  of 
action.  The  Union  men  had  no  organization  effected  when  this  matter  was  sprung  upon 
them,  and  the  inflammatory  appeals  made  to  the  masses  were  such  as  could  not  well  be  an 
swered  by  Union  men  in  the  excitement  of  the  hour.  Hence,  in  the  county  in  which  I  live, 
it  was,  on  one  occasion,  in  the  power  of  two  hundred  secessionists  to  control  a  mass  meeting 
of  some  fifteen  hundred,  all  the  others  being  Union  men.  It  must  be  remembered,  too,  that 
secession  had  been  determined  on  a  longtime,  and  many  of  these  people  knew  just  where  and 
how  to  strike.  But,  if  we  had  been  in  n  position  in  which  we  could  have  been  sustained  by 
the  government,  tho  secession  of  that  State  would  never  have  been  an  accomplished  fact ; 
there  never  would  have  been  an  ordinance  of  secession  passed.  We  would  have  had  as  good 
if  not  a  better  record  than  Missouri  upon  this  subject. 

Question.  What  is  the  objection  among  your  people  to  extending  the  right  to  vote  to  the 
negroes  ' 


ARKANSAS  -  GEORGIA  —  MISSISSIPPI  —  ALABAMA.  155 

Answer.  They  believe  that  Extending  the  elective  franchise  to  the  negroes,  who  they  gen 
erally  regard  as  an  inferior  race,  would  lead  to  social  equality  and  to  an  intermingling  of 
races,  against  which  their  prejudice  and  education  have  always  been  directed. 

Question.  Is  there  any  other  reason  than  those  you  have  stated  that  affect  any  considera 
ble  number  of  people  ? 

Answer.  They  regard  the  negroes  a  very  ignorant  and  degraded  class,  which  might  be 
wielded  for  bad  purposes  in  times  of  political  excitement.  I  know  of  no  other  reason. 


war, 

Answer.  I  think  not.  I  think  they 
duct  during  the  war.  They  have  shown  a  spirit  of  subordination  and  manifested  a  degree  of 
quiet  that  is  commendable,  and  receives  the  commendation  of  the  whole  mass  of  the  southern 
people  to  so  great  an  extent  that  it  has  been  a  matter  of  surprise  that  I  have  often  heard  ex 
pressed  by  those  who  have  been  slaveholders. 

Question.  How  do  you  explain  it  ? 

Answer.  I  explain  it  by  the  attachment  and  loyalty  which  they  have  always  manifested  to 
wards  the  whites,  towards  their  owners  and  employers,  and  to  their  natural  disposition,  for 
the  negro  has  a  genial,  kind  nature. 

Question.  In  your  opinion,  does  that  account  for  the  circumstance  that  this  conduct  on 
their  part  was  universal  through  the  whole  south  ? 

Answer.  I  am  inclined  to  think  so. 

Question.  If  there  is  anything  else  you  consider  material  to  a  proper  understanding  of  the 
condition  of  things  in  Arkansas,  you  may  state  it. 

Answer.  I  think  the  people  of  our  State,  in  a  good  spirit,  have  accepted  the  results  of  the 
war.  I  think  there  is  a  loyal  spirit  pervading  the  whole  State.  Of  course  there  are  individual 


tenance  to  it. 


WASHINGTON,  March  4,  1866. 

Brevet  Brigadier  General  John  Tarbell  sworn  and  examined. 
By  Mr.  BOUTWELL: 

Question.  Have  you  been  engaged  with  the  army  during  the  war  ?     If  so,  in  what  capacity  ? 

Answer.  I  have.  I  terminated  my  connexion  with  the  army  as  colonel  and  brevet  briga 
dier  general. 

Question.  Have  you,  since  the  surrender  of  Lee's  army,  been  in  the  States  of  Georgia,  Ala 
bama.  Mississippi,  or  Arkansas  ?  If  so,  in  which,  and  for  how  long  a  time? 

Answer.  I  have  been  in  Georgia,  Alabama,  and  Mississippi  since  early  in  December  last. 

Question.  What  opportunities  have  you  had  there  for  ascertaining  the  opinions  and  feel 
ings  of  the  people  ? 

Answer.  I  spent  a  good  deal  of  time  at  Atlanta,  Georgia,  where  I  mixed  with  people  of  all 
classes.  I  was  also  for  some  time  in  the  counties  of  northern  Georgia,  among  the  gold  and 
iron  ore  mines.  From  Atlanta  I  travelled  down  as  far  as  Montgomery,  Alabama,  where  I 
spent  a  few  days  ;  from  there  to  Mobile,  and  from  Mobile,  by  railroad,  into  Scott  county, 
Mississippi ;  also,  from  Meridian  to  Cairo,  Mississippi.  I  was  also  twice  across  Alabama,  from 
Meridian  to  Montgomery,  stopping  a  few  days  at  Selma.  In  that  time  I  talked  with  a  great 
many  people,  and  listened  to  a  great  many  conversations  between  people  of  all  classes  and 
colors. 

Question.  According  to  your  observation,  what  is  the  opinion  of  the  people  generally  con 
cerning  the  national  government — favorable  or  unfavorable? 

Answer.  As  far  as  I  could  judge  from  their  conversations,  I  think  the  intelligent  classes, 
the  planters  and  educated  classes,  accept  the  situation  in  perfect  good  faith.  I  mean  by  that, 
that  when  they  take  an  oath  to  support  the  Constitution  of  the  United  States  they  intend  in 
good  faith  to  abide  by  that  oath.  I  may  perhaps  add,  as  a  qualification,  that  I  have  seen  a 
tendency  on  their  part,  which  I  have  very  much  regretted,  to  co-operate  politically  with  the 
copperheads  of  the  north. 

Question.  What  opinions  prevail  among  the  less  intelligent  classes  ? 

Answer.  I  do  not  think  it  is  quite  so  favorable.  They  are  disposed  to  be  more  excitable  ; 
not  so  candid.  I  have  found  the  educated  classes  disposed  to  be  quite  candid.  If  you  con 
verse  with  them  as  to  what  they  are  to  do,  I  think  you  will  find  they  fully  appreciate  what  is 
asked  or  required  of  them,  and  I  think  as  far  as  they  see  their  duty  they  are  disposed  to  do  it. 
I  cannot  speak  quite  so  well  of  the  more  ignorant  classes,  those  who  have  never  had  any 
slaves  or  property.  They  are  more  excitable  and  less  candid. 

Question.  Have  there  been  any  elections  held  in  any  of  the  States  mentioned  while  you 
\^ere  there  ? 

Answer.  I  think  not.  The  legislatures  of  Georgia  and  Alabama  were  in  session,  but  I  think 
the  elections  had  taken  place  before  my  arrival  there. 


'156 


RECONSTRUCTION. 


Question.  Have  you  any  business  or  interests  in  either  of  those  States  ;  and  if  so,  what? 

Answer.  I  purchased  a  plantation  in  Scott  county,  Mississippi,  and  opened  an  office  with 
a  view  of  other  business,  intending  to  make  my  residence  with  rny  family  at  Atlanta,  Geor 
gia. 

Question.  Do  you  apprehend  any  difficulty  in  the  management  of  your  plantation,  growing 
out  of  the  fact  that  you  are  a  northern  man  ? 

Answer.  I  do  not ;  I  have  no  apprehension  of  that  kind.  I  will  say,  that  I  never  allowed 
any  conversation  with  a  southern  gentleman  to  close  without  stating  very  frankly  that  I  was 
a  Yankee  and  a  black  republican,  and  never,  from  first  to  last,  received  anything  like  impo 
liteness  or  an  affront.  My  frankness  always  drew  frankness  in  return,  a  smile  and  a  pleas 
ant  remark — almost  always  the  remark  that  it  was  not  so  much  the  matter  as  the  manner  of 
northern  men  they  objected  to ;  that  they  always  respected  frankness,  and  had  no  objections 
to  it;  that  they  desired  northern  men  and  northern  capital  to  come  among  them.  That  was 
the  universal  opinion  expressed  in  conversation  with  men  of  standing  and  character. 

Question.  What  seems  to  be  the  policy  of  the  people  of  Mississippi,  Alabama,  and  Georgia, 
concerning  the  freedmen? 

Answer.  The  intelligent  educated  class  of  people  to  whom  I  allude  were  very  frank  in  re 
gard  to  all  their  plans  concerning  the  freedmen.  I  heard  a  number  of  consultations  between 
southern  gentlemen,  planters,  on  that  subject.  They  were  canvassing  what  they  must  do  for 
their  freedmen — as  to  contracts  with  the  negroes,  whether  they  should  pay  them  wages  or 
give  them  an  interest  in  the  crops  ;  and  canvassing  what  obligations  they  owed  to  the  freed 
men  in  the  way  of  education  and  improvement,  recognizing  and  taking  the  ground  that  now 
they  were  free  the  more  they  were  improved  and  the  better  they  were  educated,  the  better 
laborers  they  would  be.  I  make  the  remark  with  this  qualification,  that  I  think  there  is  a 
pretty  general  want  of  confidence  in  elevating  the  negro  to  any  extent.  They  have  not  the 
same  confidence  in  his  improvement  that  the  northern  people  have ;  nor  is  there  a  disposition 
to  give  to  the  negroes  the  right  of  suffrage,  or  recognize  them  in  any  way  as  socially  equal ; 
but  I  do  think  that  the  educated  class  of  people  there  are  disposed  to  give  them  all  their  civil 
rights,  and  political,  except  that  of  suffrage.  I  cannot  speak  as  to  the  action  of  the  legisla 
tures  ;  I  kave  paid  no  attention  to  that ;  I  merely  speak  of  the  conversations  I  have  partici 
pated  in  or  listened  to  among  the  class  of  people  who  are  most  interested — the  former  planters 
and  landholders. 

Question.  What  has  been  the  conduct  of  the  negroes  themselves,  as  far  as  you  have  ob 
served  ? 

Answer.  I  think,  as  a  general  thing,  remarkably  good.  There  are  exceptions,  cs  a  matter 
of  course.  I  heard  many  complaints  of  petty  thieving  among  them,  and  occasionally  of  some 
outrage  upon  citizens,  but  these,  I  think,  were  exceptions.  The  general  conduct  of  the  large 
body  of  the  freedmen  has  been  excellent.  That  is  my  impression. 

Question.  What  is  their  disposition  about  work,  if  they  are  well  paid  ? 

Answer.  With  exceptions,  I  think  the  great  body  of  them  are  disposed  to  work,  and  will 
work,  according  to  their  knowledge  and  understanding.  They  are  not  like  northern  laborers, 
but  as  far  as  they  understand,  I  think  the  great  body  of  them  are  well  disposed  in  every  way. 
•  Question.  The  object  of  the  committee  is  to  ascertain  the  general  sentiment  of  the  people 
in  reference  to  the  government — whether  they  are  loyal  or  disloyal.  If  there  is  anything 
within  your  knowledge  that  occurs  to  you,  bearing  upon  that  point,  you  may  state  it. 

Answer.  My  impression,  from  the  observation  I  have  had,  is,  that  there  is  a  rather  errone 
ous  impression  in  the  north  as  to  the  loyalty  or  disloyalty  of  the  southern  people.  A  great 
deal  of  their  excited  talk  and  comments  I  think  should  not  be  ascribed  to  their  disloyalty;  I 
think  there  are  other  motives  for  it;  I  think  it  may  be  attributed  rather  to  a  disposition  to 
indulge  in  that  freedom  of  speech  which  is  allowed  in  this  country.  They  explained  to  me 
with  frankness,  and  I  have  no  doubt  with  entire  sincerity,  that  they  went  into  the  rebellion 
fully  in  the  belief  of  the  right  of  secession.  They  have  been  educated  in  that  doctrine,  and 
I  have  no  doubt  they  fully  believed  in  it.  They  staked  their  fortunes  and  their  lives  on  that 
issue ;  but  their  appeal  to  the  sword  having  been  decided  against  them,  they  yielded  to  that 
decision;  and  while  they  still  believe  they  were  then  right — while  they  believed  sincerely 
then  that  the  doctrine  of  secession  was  a  correct  doctrine,  yet,  for  the  future  they  have  no 
idea  of  secession  whatever.  They  have  utterly  and  forever  abandoned  the  idea.  That  is  what 
they  say,  and  so  far  as  I  can  judge  I  believe  they  are  sincere  and  truthful  in  their  declaration, 
and  for  the  future  will  be  true  to  their  oath  to  support  the  Constitution. 

In  respect  to  the  freedom  of  speech  sometimes  indulged  by  people  in  the  south,  I  may  say 
that  I  think  they  have  well-grounded  complaints  against  the  Freedmen's  Bureau ;  and  I  do 
not  think  their  criticisms  upon  that  bureau  are  in  every  instance  dictated  by  motives  of  dis 
loyalty.  I  do  not  mean  to  say  what  proportion  of  the  officers  of  that  bureau  are  incompetent 
or  corrupt,  but  that  there  are  many  such  I  have  no  doubt.  In  such  districts  there  has  been 
a  good  deal  of  complaint,  and  to  a  casual  observer  their  comments  might  be  ascribed,  per 
haps,  to  motives  of  disloyalty  ;  but  a  more  careful  attention  to  the  subject  satisfied  me  that 
their  complaints  were  well  grounded  in  a  great  many  cases,  for  in  districts  where  they  had 
upright,  intelligent,  and  impartial  officers  of  the  bureau,  the  people  expressed  entire  satisfac 
tion.  They  stated  to  me  that  where  they  had  such  officers,  and  where  they  had  soldiers  who 
were  under  good  discipline,  they  were  entirely  welcome,  and  indeed  they  were  glad  to  have 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  157 

their  presence — in  some  cases  approving  the  action  of  bureau  officers  in  punishing  white  men 
for  the  ill  treatment  of  colored  people,  saying  that  the  officers  were  perfectly  right.  In  other 
districts,  I  am  satisfied  that  it  often  occurred  that  bureau  officers,  wanting  in  good  sense, 
would  show  a  decided  partiality  for  the  colored  people,  without  regard  to  justice.  I  am  satis 
fied,  also,  there  were  districts  where  the  planters  would  insure  the  favor  of  the  bureau  officers 
to  them  by  paying  them  money ;  and  while  they  were  glad  to  have  their  favor,  still  they 
would  condemn  such  officers,  and  in  such  districts  there  was  dissatisfaction. 

They  were  also  very  sharp  in  their  criticisms  upon  what  are  called  the  radicals  of  the  north. 
But  I  do  not  think  even  those  criticisms  should  be  ascribed  altogether  to  disloyalty  to  the 
government,  but  rather  to  a  difference  of  political  opinion.  When  they  would  read  of  some 
new  proposition  to  amend  the  Constitution  in  reference  to  the  southern  States,  or  read  a 
pretty  caustic  speech  made  by  some  radical  against  the  south,  or  would  read  quotations  from 
northern  newspapers  containing  pretty  sharp  criticisms  upon  southern  character,  charging 
them  with  beating  the  negro,  with  perjury  in  taking  an  oath  to  support  the  Constitution,  in 
fact,  taking  it  with  a  mental  reservation,  not  intending  to  observe  it  any  longer  than  they 
were  obliged  to,  and  when  southern  gentlemen  were  presenting  petitions  for  pardon,  carica 
turing  them  as  would  sometimes  be  done  by  northern  newspapers,  these  things  would  call 
forth  pretty  sharp  comments  in  reply,  but  I  had  the  charity  to  believe  that  they  were  not 
such  as,  under  the  circumstances,  should  be  ascribed  altogether  to  disloyalty. 

I  wish  to  add,  also,  that  I  think  the  southern  press  has  not  done  its  duty;  and  Fhope,  if 
my  evidence  is  published,  this  remark  will  attract  attention  in  the  south.  My  impression, 
as  far  as  I  could  observe,  was,  that  the  press  of  the  south  was  disposed,  from  selfish  motives, 
to  cater  to  the  old  prejudices ;  that  it  was  not  sufficiently  bold  and  fearless  in  accepting  and 
in  advocating  the  acceptance  of  the  position. 

It  is  also  my  impression  that  many  people  in  the  north  very  greatly  overrate  the  present  char 
acter  and  capacity  of  the  plantation  negro,  as  well  as  his  capacity  for  future  improvement.  I 
think  time  will  show  that  the  most  ardent  in  the  north  will  be  greatly  disappointed  in  the  im 
provement  of  these  negroes,  even  under  the  most  favorable  circumstances.  I  wish  also  to  add, 
judging  from  my  travels  in  these  three  States,  that  these  reports  of  outrages  upon  the  colored 
people,  of  ill  treatment  of  the  northern  settlers,  are  quite  exceptional  cases,  and  exaggerated, 
if  not  altogether  false,  and  that  all  these  statements  in  the  newspapers  of  outrages  upon  the 
blacks  and  upon  settlers  from  the  north,  I  think,  do  the  educated  people  of  the  south  very 
great  injustice.  There  are,  no  doubt,  disloyal  and  disorderly  persons  in  the  south,  but  it  is 
an  entire  mistake  to  apply  these  terms  to  a  whole  people.  I  would  as  soon  travel  alone,  un 
armed,  through  the  south  as  through  the  north.  The  south  I  left  is  not  at  all  the  south  I 
hear  and  read  about  in  the  north.  From  the  sentiment  I  hear  in  the  north,  I  would  scarcely 
recognize  the  people  I  saw,  and,  except  their  politics,  liked  so  well.  I  have  entire  faith  that 
the  better  classes  are  friendly  to  the  negroes,  and  that  through  this  feeling,  and  the  laws  of 
capital  and  labor,  the  relations  of  these  classes  will  settle  down  together  on  terms  equitable 
and  just  to  both.  I  have  also  faith  that  when  the  north  and  south  come  to  know  each  other 
better  their  relations  will  be  all  that  could  be  desired.  It  is  not  for  me  to  indicate  the  means, 
but  I  believe  the  south  can  be  made,  and  will  become,  the  loyal  portion  of  the  country. 


WASHINGTON,  April  6,  1866. 
William  F.  Downs  sworn  and  examined. 

By  Mr.  BOUT  WELL: 

Question.  State  your  age  and  residence. 

Answer.  Ohio  I  call  my  home ;  my  age  is  twenty-nine. 

Question.  Have  you  been  in  any  of  the  rebel  States  since  Lee's  surrender  ?  If  so,  in  which 
States,  and  under  what  circumstances  ? 

Answer.  In  the  capacity  of  revenue  agent,  during  the  month  of  December,  I  went  down 
the  Mississippi  river,  from  St.  Louis  to  Memphis,  making  a  trip  from  the  latter  point  to  At 
lanta,  Georgia. 

Question.  What  opportunities  had  you  of  ascertaining  the  sentiments  of  the  people  upon 
political  matters  ? 

Answer.  Before  leaving  here,  I  had  some -consultations  with  the  Secretary  of  the  Treasury, 
with  the  Commissioner  of  Internal  Revenue,  and  with  some  of  my  friends,  members  of  Con 
gress,  each  of  whom  signified  a  wish  that  I  should  indicate  to  them  the  opinions  which  I 
formed  as  the  result  of  my  observation.  And  I  endeavored,  as  far  as  I  could  without  making 
my  official  business,  which  was  entirely  in  connexion  with  the  internal  revenue  service,  known, 
to  acquaint  myself,  so  far  as  I  had  the  opportunity,  with  the  feelings  of  the  people  with  whom 
I  was  thrown  into  contact. 

Question.  What  was  the  result  of  your  observation  touching  the  loyalty  of  the  people  of 
those  States  ? 

Answer.  I  think  that  with  quite  the  larger  number  of  the  persons  with  whom  I  conversed, 
with  the  single  exception  of  the  rebel  General  Pillow,  I  met  no  one  who  impressed  me  as 


158  RECONSTRUCTION. 

being  disposed  to  accept  the  condition  and  make  the  best  of  their  political  situation.  I 
found  General  Pillow  apparently  warmly  in  earnest  in  his  disposition  to  go  forward,  as  Mr. 
McCullough  afterwards  expressed  it,  take  advantage  of  the  circumstances,  and  engage  in 
business,  leaving  political  matters  as  a  secondary  consideration. 

Question.  Did  any  facts  come  under  your  observation  showing  the  purposes  or  opinions 
of  the  people  ? 

Answer.  I  do  not  know  that  there  was  anything  particularly  significant  on  that  point.  I 
thought  there  was  a  disposition  manifest  on  the  part  of  the  people  to  converse  upon  these  sub 
jects  in  a  manner  which  was  irritating  in  the  extreme.  Their  conversations  were  filled  with 
expressions  of  their  opposition  to  the  government,  and  to  plans  which  were  then,  as  they 
supposed,  likely  to  prevail.  My  intercourse  with  the  people  of  this  whole  section  was  mainly 
as  a  party  travelling.  I  avoided  all  causes  of  disputes,  my  object  being  to  promote  concilia 
tion  and  to  allay  the  feeling  which  I  found  to  be  dominant  there. 

Question.  Did  you  notice  any  difference  in  the  people  of  the  different  States  you  visited  ? 

Answer.  My  route  took  me  over  that  portion  of  country  which  had  suffered,  probably,  as 
much  as  any  other  by  General  Sherman's  army  in  their  march  southward,  and  I  found  no 
difference  of  opinion,  unless  it  was  that  at  Memphis  the  people  are  more  violent  and  plain- 
spoken  in  their  opposition  to  the  measures  of  the  government. 

Question.  Did  you  hear  any  suggestions  as  to  their  plans  or  expectations  for  the  future  ? 

Answer.  I  do  not  know  that  I  heard  anything  on  that  point  that  impressed  me  sufficiently 
forcibly  to  enable  me  to  remember  it. 

Question.  What  was  the  disposition  of  the  people  concerning  the  freedmen? 

Answer.  I  think  probably  the  remark  of  General  Pillow  is  true,  that  heretofore  the  south 
ern  man,  from  motives  of  self-interest,  consulted  the  comfort  of  his  slaves  to  a  degree  which 
now,  that  interest  having  been  entirely  set  aside,  would  not  permit.  He  was  clearly  of  the 
opinion  that  there  would  be  a  great  diminution  of  the  population  of  blacks,  growing  out  of 
causes  akin  to  that  sort  of  feeling. 

Question.  The  object  of  the  committee  is  to  get  information  showing  the  state  of  public 
sentiment  in  the  south.  If  there  are  any  other  facts  within  your  knowledge,  you  may  state 
them. 

Answer.  I  do  not  know  that  I  have  any  particulars  to  refer  to  as  connected  with  my  trip, 
with  the  exception  that  I  was  impressed  with  the  idea  I  have  stated,  that  the  people  there 
were  unsettled  and  disposed  to  be  violent  in  their  feelings  and  remarks,  and  to  look  with  dis 
favor  upon  the  efforts  that  were  being  made  to  bring  about  an  adjustment  of  the  difficulties; 
that  while,  perhaps,  they  were  broken  in  power,  they  were  scarcely  so  in  spirit.  That  is  the 
opinion  I  formed  upon  the  subject. 


WASHINGTON,  April  11,  1866. 
Alexander  H.  Stephens  sworn  and  examined. 

By  Mr.  BOUTWELL  : 

Question.  State  your  residence. 

Answer.  Crawfordsville,  Georgia. 

Question.  What  means  have  you  had  since  Lee's  surrender  to  ascertain  the  sentiments  of 
the  people  of  Georgia  with  regard  to  the  Union '/ 

Answer.  I  was  at  home  in  Georgia  at  the  time  of  the  surrender  of  General  Lee,  and  re 
mained  there  until  the  llth  of  May,  and  during  that  time  conversed  very  freely  with  the 
people  in  my  immediate  neighborhood,  with  the  governor  of  the  State,  and  with  one  or  two 
other  leading  or  prominent  men  in  the  State.  From  the  llth  of  May  until  my  return  to 
Georgia,  which  was  the  ^5th  of  October,  I  had  no  means  of  knowing  anything  of  the  public 
sentiment  there,  except  through  the  public  press  and  such  letters  as  I  received.  From  the 
time  of  my  return  until  I  left  the  State  on  my  visit  here,  I  had  very  extensive  intercourse 
with  the  people,  visiting  Augusta,  visiting  Milledgeville  during  the  session  of  the  legisla 
ture,  first  on  their  assembling,  again  in  January  upon  their  reassembling,  and  again  in  the 
latter  part  of  February.  While  there  I  conversed  very  freely  and  fully  with  all  the  promi 
nent  leading  men,  or  most  of  them,  in  the  legislature,  and  met  a  great  many  of  the  promi 
nent  influential  men  of  the  State  not  connected  with  the  legislature.  And  by  letters  from  and 
correspondence  with  men  in  the  State  whom  I  have  not  met.  I  believe  that  embraces  a  lull 
answer  to  the  question  as  to  my  means  of  ascertaining  the  sentiments  of  the  people  of  that 
State  upon  the  subject  stated  in  the  question. 

Question.  As  the  result  of  your  observations,  what  is  your  opinion  of  the  purposes  of  the 
people  with  reference  to  the  reconstruction  of  the  government,  and  what  are  their  desires  and 
purposes  concerning*thc  maintenance  of  the  government.' 

Answer.  My  opinion,  and  decided  opinion,  is  that  an  overwhelming  majority  of  the  people 
of  Georgia  are  exceedingly  anxious  for  the  restoration  of  the  government,  and  for  the  State 
to  take  her  former  position  in  the  Union,  to  have  her  senators  and  representatives  admitted 
into  Congress,  and  to  enjoy  all  her  rights  as  a  State  under  the  Constitution  of  the  United 
States  as  it  stands  amended. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  159 

Question.  What  are  their  present  views  concerning  the  justice  of  the  rebellion  1     Do  they 
at  present,  believe  that  it  was  a  reasonable  and  proper  undertaking,  or  otherwise? 

Answer.  My  opinion  of  the  sentiment  of  the  people  of  Georgia  upon  that  subject  is  that  the 
exercise  of  the  right  of  secession  was  resorted  to  by  them  from  a  desire  to  render  their  liber 
ties  and  institutions  more  secure,  and  a  belief  on  their  part  that  this  was  absolutely  necessary 
for  that  object.  They  were  divided  upon  the  question  of  the  policy  of  they  measure.  There 
was,  however,  but  very  little  division  among  them  upon  the  question  of  the  right  of  it.  It 
is  now  their  belief,  in  my  opinion — and  I  give  it  merely  as  an  opinion — that  the  surest,  if  not 
•  only  hope  for  their  liberties  is  the  restoration  of  the  Constitution  of  the  United  States  and  of 
the  government  of  the  United  States  under  the  Constitution. 

Question.  Has  there  been  any  change  of  opinion  as  to  the  right  of  secession  as  a  right  in 
the  people  or  in  the  States  ? 

Answer.  I  think  there  has  been  a  very  decided  change  of  opinion  as  to  the  policy  by  those 
who  favored  it.  I  think  the  people  generally  are  satisfied  sufficiently  with  the  experiment 
never  to  make  a  resort  to  that  measure  of  redress  again  by  force,  whatever  may  be  their  own 
abstract  ideas  upon  that  subject.  They  have  given  up  all  idea  of  the  maintenance  of  those 
opinions  by  a  resort  to  force.  They  have  come  to  the  conclusion  that  it  is  better  to  appeal  to 
the  forums  of  reason  and  justice,  to  the  halls  of  legislation  and  the  courts,  for  the  preservation 
of  the  principles  of  constitutional  liberty,  than  to  the  arena  of  arms.  It  is  my  settled  convic 
tion  that  there  is  not  any  idea  cherished  at  all  in  the  public  mind  of  Georgia  of  ever  resorting 
again  to  secession  or  to  the  exercise  of  the  right  of  secession,  by  force.  That  whole  policy  of 
the  maintenance  of  their  rights,  in  my  opinion,  is  at  this  time  totally  abandoned. 

Question.  But  the  opinion  as  to  the  right,  as  I  understand,  remains  substantially  the  same. 

Answer.  I  cannot  answer  as  to  that.  Some  may  have  changed  their  opinions  in  this  re 
spect.  It  would  be  an  unusual  thing,  as  well  as  a  difficult  matter,  for  a  whole  people  to 
change  their  convictions  upon  abstract  truths  or  principles.  I  have  not  heard  this  view  of 
the  subject  debated  or  discussed  recently,  and  I  wish  to  be  understood  as  giving  my  opinion 
only  on  that  branch  of  the  subject  which  is  of  practical  character  and  importance. 

Question.  To  what  do  you  attribute  the  change  of  opinion  as  to  the  propriety  of  attempting 
to  maintain  their  views  by  force  ? 

Answer.  Well,  sir,  my  opinion  about  that — my  individual  opinion,  derived  from  observa 
tion — is  that  this  change  of  opinion  arose  mainly  from  the  operation  of  the  war  among  them 
selves,  and  the  results  of  the  conflict  from  their  own  authorities  on  their  individual  rights  of 
person  and  property,  the  general  breaking  down  of  constitutional  barriers  which  usually  at 
tend  all  protracted  wars. 

Question.  In  1801,  when  the  ordinance  of  secession  was  adopted  in  your  State,  to  what 
extent  was  it  supported  by  the  people  ? 

Answer.  After  the  proclamation  of  President  Lincoln  calling  out  the  75,000  militia,  under 
the  circumstances  it  was  issued,  and  blockading  the  southern  ports,  and  the  suspension  of 
the  writ  of  habeas  corpus,  the  southern  cause,  as  it  was  termed,  received  the  almost  unani 
mous  support  of  the  people  of  Georgia.  Before  that,  they  were  very  much  divided  on  the 
question  of  the  policy  of  secession;  but  afterwards  they  supported  the  cause,  with  very  few 
exceptions  within  the  range  of  my  knowledge.  There  were  some  few  exceptions,  not  exceed 
ing  half  a  dozen,  I  think.  The  impression  then  prevailing  was  that  public  liberty  was  en 
dangered,  and  they  supported  the  cause  because  of  their  zeal  for  constitutional  rights.  They 
still  differed  very  much  as  to  the  ultimate  object  to  be  attained  and  the  means  to  be  used,  but 
these  differences  yielded  to  the  emergency  of  the  apprehended  common  danger. 

Question.  Was  no*  the  ordinance  of  secession  adopted  by  Georgia  earlier  in  date  than  the 
proclamation  for  the  75,000  volunteers  ? 

Answer.  Yes,  sir.  I  stated  that  the  people  were  very  much  divided  on  the  question  of  the 
ordinance  of  secession,  but  that  after  the  proclamation  the  people  became  almost  unanimous 
in  their  support  of  the  cause.  There  were  some  few  exceptions  in  the  State,  1  think  not  more 
than  half  a  dozen  among  my  acquaintances.  As  I  said,  while  they  were  thus  almost  unani 
mous  in  support  of  the  cause,  they  differed  as  to  the  end  to  be  attained  by  sustaining  it. 
Some  looked  to  an  adjustment  or  settlement  of  the  controversy  upon  any  basis  that  would 
secure  their  constitutional  rights.  Others  looked  to  a  southern  separate  nationality  as  their 
only  object  and  hope.  These  different  views  as  to  the  ultimate  objects  did  not  interfere  with 
the  general  active  support  of  the  cause. 

Question.  Was  there  a  popular  vote  upon  the  ordinance  of  secession  ? 

Answer.  Only  so  far  as  in  the  election  of  delgates  to  the  convention. 

Question.  There  was  no  subsequent  action  ? 

Answer.  No,  sir.  The  ordinance  of  secession  was  riot  submitted  to  a  popular  vote  after 
wards. 

Question.  Have  you  any  opinion  as  to  the  vote  it  would  have  received  as  compared  with 
the  whole,  if  it  had  been  submitted  to  the  free  action  of  the  people? 

WITNESS.  Do  you  mean  after  it  was  adopted  by  the  convention  ? 

Mr.  BOUTWELL.  Yes,  after  it  was  adopted  by  the  convention,  if  it  had  been  submitted 
forthwith  or  within  a  reasonable  time. 

Answer.  Taking  the  then  state  of  things,  South  Carolina,  Florida,  and  Mississippi,  I 
think,  having  seceded,  my  opinion  is  that  a  majority  of  the  people  would  have  ratified  it,  and 


160  RECONSTRUCTION. 

perhaps  a  decided  or  large  majority.  If,  however,  South  Carolina  and  the  other  States  had 
not  adopted  their  ordinances  of  secession,  I  am  very  well  satisfied  that  a  majority  of  the 
people  of  Georgia,  and  perhaps  a  very  decided  majority,  would  have  been  against  secession 
if  her  ordinance  had  been  submitted  to  them.  But  as  matters  stood  at  the  time,  if  the  ordi 
nance  had  been  submitted  to  a  popular  vote  of  the  State  it  would  have  been  sustained.  That 
is  my  judgment  and  opinion  about  that  matter. 

Question.  What  was  the  date  of  the  Georgia  ordinance  ? 

Answer.  The  18th  or  19th— I  think  the  l(Jth— of  January,  18G1. 

Question.  The  question  of  secession  was  involved  in  the  election  of  delegates  to  that  con 
vention,  was  it  not? 

Answer.  Yes,  sir. 

Question.  And  was  there,  on  the  part  of  candidates,  a  pretty  general  avowal  of  opinions  ? 

Answer.  Very  general. 

Question.  What  was  the  result  of  the  election,  as  far  as  the  convention  expressed  any 
opinion  upon  the  question  of  secession  ? 

Answer.  I  think  the  majority  was  about  thirty  in  favor  of  secession. 

Question.  In  a  convention  of  how  many  ? 

Answer.  In  a  convention  based  upon  the  number  of  senators  and  members  of  the  house  in 
the  general  assembly  of  the  State.  The  exact  number  I  do  not  recollect,  but  I  think  it  was 
near  300,  perhaps  a  few  over  or  under. 

Question.  Was  there  any  difference  in  different  parts  of  the  State  in  the  strength  of  Union 
sentiment  at  that  time  ? 

Answer.  In  some  of  the  mountain  counties  the  Union  sentiment  was  generally  prevalent. 
The  cities,  towns,  and  villages  were  generally  for  secession.  The  anti-secession  sentiment 
was  more  general  in  the  rural  districts  and  in  the  mountain  portions  of  the  State.  Yet  the 
people  of  some  of  the  upper  counties  were  very  active  and  decided  secessionists.  There  was 
nothing  like  a  sectional  division  of  the  State  at  all.  For  instance,  the  delegation  from  Floyd 
county,  situated  in  the  upper  portion  of  the  State,  was  an  able  one,  and  strong  for  secession ; 
while  the  county  of  Jefferson,  down  in  the  interior  of  the  cotton  belt,  sent  one  of  the  most 
prominent  delegations  for  the  Union.  I  could  designate  particular  counties  in  that  way 
throughout  the  Stat^,  showing  there  was  nothing  like  a  sectional  or  geographical  division  of 
the  State  on  the  question. 

Question.  In  what  particular  did  the  people  believe  their  constitutional  liberties  were 
assailed  or  endangered  from  the  Union  ? 

Answer.  Mainly,  I  would  say,  in  their  internal  social  polity,  and  their  apprehension  from 
the  general  consolidating  tendencies  of  the  doctrines  and  principles  of  that  political  party 
which  had  recently  succeeded  in  the  choice  of  a  President  and  Vice-President  of  the  United 
States.  It  was  the  serious  apprehension  that  if  the  republican  organization,  as  then  consti 
tuted,  should  succeed  to  power,  it  would  lead  ultimately  to  a  virtual  subversion  of  the  Con 
stitution  of  the  United  States,  and  all  its  essential  guarantees  of  public  liberty.  I  think  that 
was  the  sincere,  honest  conviction  in  the  minds  of  our  people.  Those  who  opposed  secession 
did  not  apprehend  that  any  such  results  would  necessarily  follow  the  elections  which  had 
taken  place;  they  still  thought  that  all  their  rights  might  be  maintained  in  the  Union  and 
under  the  Constitution,  especially  as  there  were  majorities  in  both  houses  who  agreed  with 
them  on  constitutional  questions. 

Question.  To  what  feature  of  their  internal  social  polity  did  they  apprehend  danger? 

Answer.  Principally  the  subordination  of  the  African  race,  as  it  existed  under  their  laws 
and  institutions. 

Question.  In  what  spirit  is  the  emancipation  of  the  slaves  received  by  the  people? 

Answer.  Generally,  it  is  acquiesced  in  and  accepted,  I  think,  in  perfect  good  faith,  and 
with  a  disposition  to  do  the  best  that  can  be  done  in  the  new  order  of  things  in  this  particular. 

Question.  What,  at  present,  are  the  relations  subsisting  between  the  white  people  and 
black  people,  especially  in  the  relations  of  employers  and  employed? 


twcen 


Answer.  Quite  as  good,  I  think,  as  in  any  part  of  the  world  that  ever  I  have  been  in  be- 
reen  like  classes  of  employer  and  employe.  The  condition  of  things  in  this  respect  on  my 
return  last  fall  was  very  different  from  what  it  was  when  I  left  home  for  my  present  visit  to 
this  city.  During  the  fall,  and  up  to  the  close  of  the  year,  there  was  a  general  opinion  pre 
vailing  among  the  colored  people  that  at  Christmas  there  would  be  a  division  ot  the  lands, 
and  a  very  general  indisposition  on  their  part  to  make  any  contracts  at  all  for  the  present 
year.  Indeed,  there  were  very  few  contracts,  I  think,  made  throughout  the  State  until  after 
Christmas,  or  about  the  first  of  January.  General  Tillsou,  who  is  at  the  head  of  the  bureau 
in  the  State,  and  whose  administration  has  given  very  general  satisfaction  to  our  people,  I 
think,  was  very  active  in  disabusing  the  minds  of  the  colored  people  from  their  error  in  this 
particular.  He  visited  quite  a  number  of  places  in  the  State,  and  addressed  large  audiences 
of  colored  people ;  and  when  they  became  satisfied  that  they  were  laboring  under  a  mistake 
in  anticipating  a  division  of  lands  after  Christmas  and  the  first  of  January,  they  made  con 
tracts  very  readily  generally ;  and  since  that  time  affairs  have,  in  the  main,  moved  on  quite 
smoothly  and  quietly. 

Question.  Are  the  negroes,  generally,  at  work  ? 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  161 

Answer.  Yes,  sir ;  they  are  generally  at  work.  There  are  some  idlers,  but  this  class  con 
stitute  but  a  small  proportion. 

Question.  AVhat,  upon  the  whole,  has  been  their  conduct?  Proper,  under  the  circum 
stances  in  which  they  have  been  placed,  or  otherwise? 

Answer.  As  a  whole,  much  better  than  the  most  hopeful  looked  for. 

Question.  As  far  as  you  know,  what  are  the  leading  objects  and  desires  of  the  negro  pop 
ulation,  at  the  present  time,  in  reference  to  themselves  ? 

Answer.  It  is  to  be  protected  in  their  rights  of  persons  and  property— to  be  dealt  by  fairly 
and  justly. 

Question.  What,  if  anything,  has  been  done  by  the  legislature  of  your  State  for  the 
accomplishment  of  these  objects  ? 

Answer.  The  legislature  has  passed  an  act,  of  which  the  following  is  a  copy : 

["No.  90.] 
"An  act  to  define  the  term  'persons  of  color,'  and  to  declare  the  rights  of  such  persons. 

"SEC.  1.  Be  it  enacted,  8fc.,  That  all  negroes,  mulattoes,  mestizoes,  and  their  descendants 
having  one-eighth  negro  or. African  blood  in  their  veins,  shall  be  known  in  this  State  as 
'persons  of  color.' 

"SEC.  2.  Be  it  further  enacted,  That  persons  of  color  shall  have  the  right  to  make  and 
enforce  contracts,  to  sue,  be  sued,  to  be  parties  and  give  evidence,  to  inherit,  to  purchase, 
and  to  have  full  and  equal  benefit  of  all  laws  and  proceedings  for  the  security  of  person  and 
estate,  and  shall  not  be  subjected  to  any  other  or  different  punishment,  pain,  or  penalty,  for 
the  commission  of  any  act  or  offence,  than  such  as  are  prescribed  for  white  persons  commit 
ting  like  acts  or  offences." 

The  third  section  of  this  act  simply  repeals  all  conflicting  laws.  It  was  approved  by  the 
governor  on  the  17th  of  March  last. 

Question.  Does  this  act  express  the  opinions  of  the  people,  and  will  it  be  sustained  ? 

Answer.  I  think  it  will  be  sustained  by  the  courts,  as  well  as  by  public  sentiment.  It 
was  passed  by  the  present  legislature.  As  an  evidence  of  the  tone  of  the  legislature  of  the 
State,  as  well  as  that  of  the  people  of  the  State,  upon  this  subject,  I  will  refer  you  simply 
to  a  letter  I  wrote  to  Senator  Stewart  upon  the  same  subject  I  submit  to  you  a  copy  of  that 
letter.  It  is  as  follows : 

WASHINGTON,  D.  C.,  April  4,  1866. 

DEAR  SIR:  In  answer  to  your  inquiries  touching  the  sentiments  and  feelings  of  the  people 
of  Georgia  towards  the  freedmen,  and  the  legal  status  of  this  class  of  population  in  the 
State,  &c.,  allow  me  briefly  to  say  that  the  address  delivered  by  me  on  the  22d  of  February 
last  before  the  legislature  (a  copy  of  which  I  herewith  hand  you)  expresses  very  fully  and 
clearly  my  own  opinions  and  feelings  upon  the  subjects  of  your  inquiry.  This  address  was 
written  and  printed  as  you  now  see  it,  before  its  delivery.  It  was  delivered-  verbatim  as  you 
now  read  it,  that  there  might  be  no  mistake  about  it.  It  was  as  it  now  stands  unanimously 
indorsed  by  the  senate  in  a  joint  resolution,  which  was  concurred  in  in  the  house  without 
dissent,  and  was  ordered  to  be  spread  upon  the  journals  of  both  houses.  This  I  refer  you  to 
as  a  better  and  more  reliable  index  of  the  feelings  and  views  of  the  people  of  the  State  on 
this  subject  than  any  bare  individual  opinion  I  might  entertain  or  express.  The  legislature 
of  the  State,  it  is  to  be  presumed,  is  as  correct  an  exponent  of  the  general  feelings  and  views 
of  the  people  of  the  State  upon  any  political  question  as  any,  that  can  be  obtained  from  any 
quarter.  In  addition  to  this,  the  legislature  subsequently  evinced  their  principles  by  their 
works  in  passing  an  act,  which  I  also  enclose  to  you.  This  act  speaks  for  itself.  It  is' short, 
concise,  pointed,  as  well  as  comprehensive.  It  secures  to  the  colored  race  the  right  to  con 
tract  and  to  enforce  contracts,  the  right  to  sue  and  to  be  sued,  the  right  to  testify  in  the 
courts  subject  to  the  same  rules  that  govern  the  testimony  of  whites,  and  it  subjects  them  to 
the  same  punishments  for  all  offences  as  the  whites.  In  these  respects,  embracing  all  essen 
tial  civil  rights,  all  classes  in  Georgia  now  stand  equal  before  the  law.  There  is  no  discrim 
ination  in  these  particulars  on  account  of  race  or  color. 

Please  excuse  this  hasty  note.     I  have  no  time  to  go  more  in  detail. 
Yours,  most  respectfully, 

ALEXANDER  1L  STEPHENS. 

Hon.  WILLIAM  M.  STEWART,   United  States  Senate. 

Question.  What,  if  anything,  is  being  done  in  Georgia  with  regard  to  the  education  of 
the  negroes,  either  children  or  adults  ? 

Answer.  Nothing  by  the  public  authorities,  as  yet.  Schools  are  being  established  in  many 
portions  of  the  State  under  the  auspices,  I  think,  of  the  Freedmen's  Bureau,  and  quite  a  num 
ber  by  the  colored  people  themselves,  encouraged  by  the  whites. 

Question.  What  disposition  do  the  negroes  manifest  in  regard  to  education  ? 

Answer.  There  seems  to  be  a  very  great  desire  on  the  part  of  the  children  and  younger  ones 
and  with  their  parents  to  have  them  educated. 

11    A    G    M    A 


162  RECONSTRUCTION. 

Question.  What  is  the  present  legal  condition  of  those  who  have  lived  tog-ether  as  husband  and 
wife?  Do  the  laws  recognize  and  sustain  the  relations  and  the  legitimacy  of  their  offspring  ? 

Answer.  Our  State  laws  do.  They  recognize  all  those  living  as  man  and  wife  as  legally 
man  and  wife.  A  good  many  of  them  took  out  licences  and  were  married  in  the  usual  way. 
There  is  no  difference  in  our  laws  in  that  respect.  Licenses  are  issued  for  white  and  black 
alike — only  they  are  prohibited  from  intermarrying  with  each  other.  The  races  are  not  per 
mitted  to  intermarry. 

Question.  Were  the  amendments  to  the  constitution  of  the  State  of  Georgia,  recently 
adopted,  submitted  to  the  people  ? 

Answer.  No,  sir ;  they  were  not  submitted.  I  have  no  hesitation,  however,  in  expressing 
the  opinion  that  nine-tenths  of  the  people  would  have  voted  for  them,  if  the  constitution  had 
been  submitted.  That  is  but  an  opinion.  I  heard  no  dissent  at  all  in  the  State.  I  was 
there  at  the  time.  I  got  home  before  the  convention  adjourned.  The  State  constitution^  as 
made  by  the  convention,  would  have  been  ratified  almost  without  opposition.  It  would  have 
been  ratified  nem.  con.,  if  it  had  been  submitted.  This,  at  least,  is  my  opinion. 

Question.  What  was  the  voting  population  of  your  State  in  1860  ? 

Answer.  Something  upwards  of  a  hundred  thousand. 

Question.  What  is  probably  the  present  voting  population? 

Answer.  The  voting  population  of  the  State  under  the  present  constitution  is  perhaps 
80,000.  That  is  a  mere  estimate. 

Question.  Has  there  been  any  enumeration  of  the  losses  of  Georgia  in  the  field,  in  the  mil 
itary  service? 

Answer.  No  accurate  estimate  that  I  am  aware  of. 

Question.  What  is  it  supposed  to  have  been  ? 

Answer.  I  am  not  able  to  answer  the  question  with  anything  like  accuracy. 

Question.  What  is  the  public  sentiment  of  Georgia  with  regard  to  the  extension  of  the 
right  of  voting  to  the  negroes? 

Answer.  The  general  opinion  in  the  State  is  very  much  averse  to  it. 

Question.  If  a  proposition  were  made  to  amend  the  Constitution,  so  as  to  base  representa 
tion  in  Congress  upon  voters,  substantially,  would  Georgia  ratify  such  a  proposed  amend 
ment,  if  it  were  made  a  condition  precedent  to  the  restoration  of  the  State  to  political  power 
in  the  government  ? 

Answer.  I  do  not  think  they  would.  The  people  of  Georgia,  in  my  judgment,  as  far  as  I 
can  reflect  or  represent  their  opinions,  feel  that  they  are  entitled  under  the  Constitution  of  the 
United  States  to  representation,  without  any  further  condition  precedent.  They  would  not 
object  to  entertain,  discuss,  and  exchange  views  in  the  common  councils  of  the  country  with 
the  other  States,  upon  such  a  proposition,  or  any  proposition  to  amend  the  Constitution,  or 
change  it  in  any  of  its  features ;  and  they  would  abide  by  any  such  change,  if  made  as  the 
Constitution  provides.  But  they  feel  that  they  are  constitutionally  entitled  to  be  heard  by 
their  senators  and  members  in  the  houses  of  Congress  upon  this  or  any  other  proposed 
amendment.  I  do  not  therefore  think  that  they  would  ratify  the  amendment  suggested  as'a 
condition  precedent  to  her  being  admitted  to  representation  "in  Congress.  Such,  at  least,  is 
my  opinion. 

Question.  It  is  then  your  opinion  that  at  present  the  people  of  Georgia  would  neither  be 
•willing  to  extend  suffrage  to  the  negroes  nor  consent  to  the  exclusion  of  the  negroes  from  the 
basis  of  representation  ? 

Answer.  The  people  of  Georgia,  in  my  judgment,  are  perfectly  willing  to  leave  suffrage 
and  the  basis  of  representation  where  the  Constitution  leaves  it.  They  look  upon  the  ques 
tion  of  suffrage  as  one  belonging  exclusively  to  the  States;  oae  over  which,  under  the  Constitu 
tion  of  the  United  States,  Congress  has  no  jurisdiction,  power,  or  control,  except  in  proposing 
amendments  and  not  in  making  their  acceptance  and  adoption  by  the  States  conditions  of 
representation.  I  do  not  think,  therefore,  that  the  people  of  that  State,  while  they  are  dis 
posed,  as  1  believe,  earnestly  to  deal  fairly,  justly,  and  generously  with  the  freedmeu,  would 
be  willing  to  consent  to  a  change  in  the  Constitution  that  would*  give  Congress  jurisdiction 
over  the  question  of  suffrage  ;  uud  especially  would  they  be  very  much  averse  to  Congress 
exercising  any  such  jurisdiction  without  their  representatives  in  the  Senate  and  House  being 
heard  in  the  public  councils  upon  this  question  that  so  fatally  concerns  their  internal  policy 
as  well  as  the  internal  policy  of  all  the  States. 

Question.  If  the  proposition  were  to  be  submitted  to  Georgia,  as  one  of  the  eleven  States 
lately  in  rebellion,  that  she  might  be  restored  to  political  power  in  the  government  of  the 
country  upon  the  condition  precedent  that  she  should  on  the  one  hand  extend  suffrage  to  the 
negroes,  or  on  tb.e  other  consent  to  their  exclusion  from  the  basis  of  representation,  would  she 
accept  either  proposition  and  take  her  place  in  the  government  of  the  country  / 

Answer.  I  can  only  give  my  opinion.  I  do  not  think  she  would  accept  either  as  a  condi 
tion  precedent  presented  by  Congress,  for  they  do  not  believe  that  Congress  has  the  rightful 
power  under  the  Constitution  to  prescribe  such  a  condition.  If  Georgia  is  a  State  in  the 
Union  her  people  feel  that  she  is  entitled  to  representation  without  conditions  imposed  by 
Congress  ;  and  if  she  is  not  a  State  in  the  Union,  then  she  could  not  be  admitted  as  an  equal 
with  the  others  if  her  admission  were  trammelled  with  conditions  that  did  not  apply  to  all 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  1 G  3 

the  rest  alike.     General,  universal  suffrage  among  the  colored  people,  as  they  are  now  there, 
would  by  our  people  be  regarded  as  about  as  great  a  political  evil  as  could  befall  them. 

Question.  If  the  proposition  were  to  extend  to  right  of  suffrage  to  those  who  could  read  and 
to  those  who  had  served  in  the  Union  armies,  would  that  modification  affect  the  action  oi  the 
State  ? 

Answer.  I  think  the  people  of  the  State  would  be  unwilling  to  do  more  than  they  have 
done  for  restoration.     Restricted  or  limited  suffrage  would  not  be  so  objectionable  as  general 
or  universal.     But  it  is  a  matter  that  belongs  to  the  State  to  regulate.     The  question  of  suf 
frage,  whether  universal  or  restricted,  is  one  of  State  policy  exclusively,  as  tkey  believe. 
Individually  I  should  not  be  opposed  to  a  proper  system  of  restricted  or  limited  suffrage  to 
this  class  of  our  population.     But,  in  my  judgment,  it  is  a  matter  that  belongs  of  constitu 
tional  right  to  the  States  to  regulate  respectively  each  for  itself.     But  the  people  of  that  State, 
as  I  have  said,  would  not  willingly,  I  think,  do  more  than  they  have  done  for  restoration. 
The  only  view  in  their  opinion  that  could  possibly  justify  the  war  which  was  carried  on  by 
the  federal  government  against  them  was  the  idea  of  the  indissolubleuess  of  the  Union ;  that 
those  who  held  the  administration  for  the  time  were  bound  to  enforce  the  execution  of  the 
laws  and  the  maintenance  of  the  integrity  of  the  country  under  the  Constitution.     And  since 
that  was  accomplished,  since  those  who  had  assumed  the  contrary  principle — the  right  of  se 
cession  and  the  reserved  sovereignty  of  the  States — had  abandoned  their  cause,  and  the  ad 
ministration  here  was  successful  in  maintaining  the  idea  upon  which  war  was  proclaimed 
and  waged,  and  the  only  view  in  which  they  supposed  it  could  be  justified  at  all— when 
that  was  accomplished,  I  say,  the  people  of  Georgia  supposed  their  State  was  immediately 
entitled  to  all  her  rights  under  the  Constitution.     That  is  my  opinion  of  the  sentiment  of  the 
people  of  Georgia,  and  I  do  not  think  they  would  be  willing  to  do  any  thing  further  as  a  con 
dition  precedent  to  their  being  permitted  to  enjoy  the  full  measure  of  their  constitutional 
rights.     I  only  give  my  opinion  of  the  sentiment  of  the  people  at  this  time.     They  expected 
as  soon  as  the  confederate  cause  was  abandoned  that  immediately  the  States  would  be  brought 
back  into  their  practical  relations  with  the  government  as  previously  constituted.     That  is 
what  they  looked  to.     They  expected  that  the  States  would  immediately  have  their  represen 
tatives  in  the  Senate  and  in  the  House ;  and  they  expected  in  good  faith,  as  loyal  men,  as 
the  term  is  frequently  used — loyal  to  law,  order,  and  the  Constitution — to  support  the  gov 
ernment  under  the  Constitution.    .That  was  their  feeling.     They  did  what  they  did,  believing 
it  was  best  for  the  protection  of  constitutional  liberty.     Towards  the  Constitution  of  the 
United  States  the  great  mass  of  our  people  were  always  as  much  devoted  in  their  feelings  as 
any  people  ever  were  towards  any  laws  or  people.     This  is  my  opinion      As  I  remarked  be 
fore,  they  resorted  to  secession  with  a  viewr  of  more  securely  maintaining  these  principles. 
And  when  they  found  they  were  not  successful  in  their  object  to  perfect  good  faith,  as  far  as 
I  can  judge  from  meeting  with  them   and  conversing  with  them,  looking  to  the  future  de 
velopment  of  their  country  in  its  material  resources  as  well  as  its  moral  and  intellectual  pro 
gress,  their  earnest  desire  and  expectation  was  to  allow  the  past  struggle,  lamentable  as  it 
.was  in  its  results,  to  pass  by  and  to  co-operate  with  the  true  friends  of  the  Constitution,  with 
those  of  all  sections  who  earnestly  desire  the  preservation  of  constitutional  liberty  and  the 
perpetuation  of  the  government  in  its  purity.     They  have  been  a  little  disappointed  in  this, 
and  are  so  now.     They  are  patiently  waiting,  however,  and  believing  that  when  the  passions 
of  the  hour  have  passed  away  this  delay  in  representation  will   cease.     They  think  they 
have  done  everything  that  was  essential  and  proper,  and  my  judgment  is  that  they  woufd 
not  be  willing  to  do  anything  further  as  a  condition  precedent.     They  would  simply  remain 
quiet  and  passive. 

Question.  Does  your  own  judgment  approve  the  view  you  hare  given  as  the  opinion  of  the 
people  of  the  State  1 

Answer.  My  own  jiidgment  is  very  decided,  that  the  question  of  suffrage  is  one  that  be 
longs,  under  the  Constitution,  and  wisely  so  too,  to  the  States,  respectively  and  exclusively. 

Question.  Is  it  your  opinion  that  neither  of  the  alternatives  suggested  in  the  question 
ought  to  be  accepted  by  the  people  of  Georgia? 

Answer.  My  own  opinion  is,  that  these  terms  ought  not  to  be  offered  as  conditions  prece 
dent.  In  other  words,  my  opinion  is  that  it  would  be  best  for  the  peace,  harmony,  and  pros 
perity  of  the  whole  country  that  there  should  be  an  immediate  restoration,  an  immediate 
bringing  back  of  the  States  into  their  original  practical  relations  ;  and  let  all  these  questions 
then  be  discussed  in  common  council.  Then  the  representatives  from  the  soutli  could  be 
heard,  and  you  and  all  could  judge  much  better  of  the  tone  and  temper  of  the  people  than 
you  could  frum  the  opinions  given  by  any  individuals.  You  may  take  my  opinion,  or  the 
opinions  of  any  individual,  but  they  will  not  enable  you  to  judge  of  the  condition  of  the 
State  of  Georgia  so  well  as  for  her  own  representatives  to  be  heard  in  your  public  councils 
in  her  own  behalf.  My  judgment,  therefore,  is  very  decided,  that  it  would  have  been  better 
as  soon  as  the  lamentable  conflict  was  over,  when  the  people  of  the  south  abandoned  their 
cause  and  agreed  to  accept  the  issue,  desiring  as  they  do  to  resume  their  places  for  the  future 
in  the  Union,  and  to  look  to  the  arena  of  reason  and  justice  for  the  protection  of  their  rights 
in  the  Union — it  would  have  been  better  to  have  allowed  that  result  to  take  place,  to  follow 

tio'ns 


under  the  policy  adopted  by  the  administration,  than  to  delay  it  or  hinder  it  by 

to  amend  the  Constitution  in  respect  to  suffrage  or  any  othex  new  matter.     I  think  the  people 

of  all  the  southern  States  would  in  the  halls  of  Congress  discuss  these  questions  calmly  and 


164  RECONSTRUCTION. 

deliberately,  and  if  they  did  not  show  that  the  views  they  entertained  were  just  and  proper, 
such  as  to  control  the  judgment  of  the  people  of  the  other  sections  and  States,  they  would 
quietly,  philosophically,  and  patriotically  yield  to  whatever  should  be  constitutionally  de 
termined  in  common  council.  But  I  think  thoy  feel  very  sensitively  the  offer  to  them  of 
propositions  to  accept  while  they  are  denied  all  voice  in  the  common  council  of  the  Union, 
under  the  Constitution,  in  the  discussion  of  these  propositions.  I  think  they  feel  very  sen 
sitively  that  they  are  denied  the  right  to  be  heard.  And  while,  as  I  have  said,  they  migh't 
differ  among  themselves  in  many  points  in  regard  to'suffrage,  they  would  not  differ  upon  the 
question  of  doing  anything  further  as  a  condition  precedent  to  restoration.  And  in  respect 
to  the  alternate  conditions  to  be  so  presented,  I  do  not  think  they  would  accept  the  one  or 
the  other.  My  individual  general  views  as  to  the  proper  course  to  be  pursued  in  respect  to 
the  colored  people  are  expressed  in  a  speech  made  before  the  Georgia  legislature,  referred  to 
in  my  letter  to  Senator  Stewart.  This  was  the  proper  forum,  as  I  conceive,  to  address  them, 
and  my  utmost  exertions  shall  be,  if  I  live,  to  carry  out  those  views.  But  I  think  a  great 
deal  depends  in  the  advancement  of  civilization  and  progress,  that  these  questions  should  be 
considered  and  kept  before  the  proper  forum. 

Question.  Suppose  the  States  that  aro  represented  in  Congress,  and  Congress  itself,  should 
be  of  the  opinion  that  Georgia  should  not  bo  permitted  to  take  its  place  in  the  government 
of  the  country  except  upon  its  assent  to  one  or  the  other  of  the  two  propositions  suggested 
is  it,  then,  your  opinion  that,  under  such  circumstances,  Georgia  ought  to  decline? 

Witness.  You  mean  the  States  now  represented,  and  those  only  ? 

Mr.  Boutwell.  Yes.     ' 

Witness.  You  mean  by  Congress,  Congress  as  it  is  now  constituted,  with  the  other  eleven 
States  excluded  ? 

Mr.  Boutwell.  I  do. 

Witness.  And  you  mean  the  same  alternative  propositions  to  be  applied  to  all  the  eleven 
States  as  conditions  precedent  to  their  restoration? 

Mr.  Boutwell.  I  do. 

Answer.  I  think  she  ought  to.  decline,  under  the  circumstances  and  for  the  reasons  stated^, 
and  so  ought  the  whole  eleven.  Should  such  an  offer  be  made  and  declined,  and  those 
States,  should  they  be  kept  out,  a  singular  spectacle  would  be  presented — a  complete  re 
versal  of  positions  would  be  presented.  In  1861  these  States  thought  they  could  not  remain 
safely  in  the  Union  without  new  guarantees,  and  now,  when  they  agree  to  resume  their 
former  practical  relations  in  the  Union,  under  the  Constitution,  the  other  States  turn  upon 
them  and  say  they  cannot  permit  them  to  do  so  safely  to  their  interests  without  new  consti 
tutional  guarantees.  The  southern  States  would  thus  present  themselves  as  willing  for  im 
mediate  union,  under  the  Constitution,  while  it  would  be  the  northern  States  opposed  to  it. 
The  former  disunionists  would  thereby  become  the  unionists,  and  the  former  unionists  the 
practical  disunionists. 


WASHINGTON,  April  12,  1866. 
Examination  of  Alexander  H.  Stephens  resumed. 
By  Mr.  BOUTWELL  : 

Question.  Do  you  mean  to  be  understood  in  your  last  answer  that  there  is  no  constitutional 
power  in  the  government,  as  at  present  organized,  to  exact  conditions  precedent  to  the  resto 
ration  to  political  power  of  the  eleven  States  that  have  been  in  rebellion? 

Answer.  That  is  my  opinion. 

Question.  Do  you  entertain  the  same  opinion  in  reference  to  the  amendment  to  the  Consti 
tution  abolishing  slavery  ? 

Answer.  I  do.  I  think  the  States,  however,  abolished  slavery  in  good  faith,  as  one  of  the 
results  of  the  war.  Their  ratification  of  the  constitutional  amendment  followed  as  a  conse 
quence.  I  do  not  think  there  is  any  constitutional  power  on  the  part  of  the  government  to 
have  exacted  it  as  a  condition  precedent  to  their  restoration  under  the  Constitution,  or  to  the 
resumption  of  thoir  places  as  members  of  the  Union. 

Question.  What,  in  your  opinion,  is  the  legal  value  of  the  laws  passed  by  Congress,  and 
approved  by  the  President,  in  the  absence  of  senators  and  representatives  from  the  eleven 
States ? 

Answer.  I  do  not  know  what  particular  laws  you  refer  to,  but  my  answer  generally  is, 
that  the  validity  of  all  laws  depends  on  their  constitutionality.  This  is  a  question  tor  the 
judiciary  to  determine.  My  own  judgment,  whatever  it  might  be,  would  have  to  conform  to 
the  judicial  determination  of  the  question.  It  is  a  question  for  the  courts  to  determine. 

Question.  Have  you  formed  any  opinion  upon  that  question? 

Answer.  I  cannot  say  that  I  have  formed  any  matured  opinion  in  reference  to  any  pnrtrcn- 
ar  act  of  Congress  embraced  in  the  question. 

Question.  Assume  that  ('"Uirress  shall,  in  this  session,  in  the  absence  of  senators  and 
rcpresenatiws  from  the  eleven  Stauyj,  pass  an  act  levying  taxes  upon  all  the  people  of  the 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  165 

United  States,  including  the  eleven,  is  it  your  opinion  that  such  an  act  would  be  consti 
tutional  ? 

Answer.  I  should  doubt  if  it  would  be.  It  would  certainly,  in  my  opinion,  be  manifestly 
unjust,  and  against  all  ideas  of  American,  representative  government.  Its  constitutionality 
would,  however,  bo  a  question  for  the  judiciary  to  decide,  and  I  should  be  willing  to  abide 
by  that  decision,  whatever  it  migtit  be. 

Question.  If  the  eleven  States  have  at  present  an  immediate  constitutional  right  to  be 
represented  in  Congress  on  a  footing  with  the  States  at  present  represented,  has  that  been  a 
continuous  right  from  the  formation  of  the  government,  or  from  the  time  of  the  admission  of 
the  new  States  respectively,  or  has  it  been  interrupted  by  war? 

Answer.  I  think,  as  the  Congress  of  the  United  States  did  not  consent  to  the  withdrawal 
of  the  seceded  States,  it  was  a  continuous  right  under  the  Constitution  of  the  United  States, 
to  be  exercised  so  soon  as  the  seceded  States,  respectively,  made  known  their  readiness  to 
resume  their  former  practical  relations  with  the  federal  government,  under  the  Constitution 
of  the  United  States.  As  the  general  government  denied  the  right  of  secession,  I  do  not 
think  any  of  the  States  attempting  to  exercise  it  thereby  lost  any  of  their  rights  under  the 
Constitution,  as  States,  when  their  people  abandoned  that  attempt. 

Question.  Is  it  or  not  your  opinion  that  the  legislatures  and  people  of  the  eleven  States, 
respectively,  have  at  present  such  a  right  to  elect  senators  and  representatives  to  Congress, 
that  it  may  be  exercised  without  regard  to  the  part  which  persons  elected  may  have  had  in  the 
rebellion?  •  , 

Answer.  I  do  not  think  they  could  exercise  that  right  in  the  choice  of  their  senators  and  mem 
bers  so  as  to  impair  in  the  slightest  degree  the  constitutional  right  of  each  house  for  itself  to  judge 
of  the  qualifications  of  those  who  might  be  chosen.  The  right  of  the  constitutional  electors  of 
a  State  to  choose,  and  the  right  of  each  house  of  Congress  to  judge  of  the  qualifications  of 
those  elected  to  the  respective  bodies,  are  very  distinct  and  different  questions.  And  in  thus 
judging  of  qualifications,  I  am  free  to  admit  that,  in  rny  opinion,  no  one  should  be  admitted 
as  a  member  of  either  house  of  Congress  who  is  not  really  and  truly  loyal  to  the  Constitution 
of  the  United  States,  and  to  the  government  established  by  it- 
Question.  State  whether,  from  your  observation,  the  events  of  the  war  have  produced  any 
change  in  the  public  mind  of  the  south  upon  the  question  of  the  reserved  rights  of  the  States 
under  the  Constitution  of  the  United  States. 

Answer.  That  question  I  answered  in  part  yesterday.  While  I  cannot  state  from  personal 
knowledge  to  what  extent  the  opinions  of  the  southern  States  upon  the  abstract  question  of 
the  reserved  rights  of  the  States  may  have  changed,  my  decided  opinion  is  that  a  very  thor 
ough  change  has  taken  place  upon  the  practical  policy  of  resorting  to  any  such  right. 
Question.  What  events  or  experience  of  the  war  have  contributed  to  this  change? 
Answer.  First,  the  people  are  satisfied  that  a  resort  to  the  exercise  of  this  right,  while  it  is 
denied  by  the  federal  government,  will  lead  to  war,  which  many  thought  before  the  late 
attempted  secession  would  not  be  the  case  ;  and  civil  wars,  they  are  also  now  very  well  satis 
fied,  are  dangerous  to  liberty ;  moreover,  their  experience  in  the  late  war,  I  think,  satisfied 
them  that  it  greatly  endangered  their  own.  I  allude,  specially,  to  the  suspension  of  the  writ 
of  habeas  corpus,  the  military  conscriptions,  the  declaration  of  martial  law  in  various  places, 
general  impressments,  and  the  levying  of  forced  contributions,  as  well  as  the  very  deinorali zing 
effects  of  war,  generally. 

Question.  When  were  you  last  a  member  of  the  Congress  of  the  United  States  ? 
Answer.  I  went  out  on  the  4th  of  March,  1859. 

Question.  Will  you  state,  if  not  indisposed  to  do  so,  the  considerations  or  opinions  which 
led  you  to  identify  yourself  with  I  he  rebellion  so  far  as  to  accept  the  office  of  Vice-President 
of  the  Confederate  States  of  America,  so-called? 

Answer.  I  believed  thoroughly  in  the  reserved  sovereignty  of  the  several  States  of  the 
Union  under  the  compact  or  Constitution  of  1787.  I  opposed  secession  therefore  as  a  ques 
tion  of  policy,  and  not  one  of  right,  on  the  part  of  Georgia.  When  the  State  seceded  against 
my  judgment  and  vote  I  thought  my  ultimate  allegiance  was  due  to  her,  and  I  preferred  to 
cast  my  fortunes  and  destiny  with  hers  and  her  people  rather  than  take  any  other  course, 
oven  though  it  might  lead  to  my  sacrifice  and  her  ruin.  In  accepting  position  under  the  new 
order  of  things  my  sole  object  was  to  do  all  the  good  I  could  in  preserving  and  perpetuating 
the  principles  of  liberty  as  established  under  the  Constitution  of  the  United  States.  If  the 
Union  was  to  be  abandoned  either  with  or  without  force — which  I  thought  a  very  impolitic 
measure — I  wished,  if  possible,  to  rescue,  preserve,  and  perpetuate  the  principles  of  the  Con 
stitution.  This  I  was  not  without  hope  might  be  done  in  the  new  confederacy  of  States 
formed.  When  the  conflict  arose  my  efforts  were  directed  to  as  speedy  and  peaceful  an  ad- 
iustment  of  the  questions  as  possible.  This  adjustment  I  always  thought,  to  be  lasting,  would 
nave  ultimately  to  be  settled  upon  a  continental  basis  founded  upon  the  principles  of  mu 
tual  convenience  and  reciprocal  advantage  on  the  part  of  the  States  on  which  the  Constitu 
tion  of  the  United  States  was  originally  formed.  I  was  wedded  to  no  particular  plan  of  ad 
justment  except  the  recognition  as  a  basis  of  the  separate  sovereignty  of  the  several  States. 
With  this  recognized  as  a  principle  I  thought  all  other  questions  of  difference  would  soon  ad 
just  themselves  according  to  the  best  interests,  peace,  welfare,  and  prosperity  of  the  whole 
country,  us  enlightened  reason,  calm  judgment,  and  a.  sense  of  justice  might  direct.  This 


166  EECONSTRUCTIOX. 

doctrine  I  regarded  as  a  self-regulating  principle  of  American  State  institutions  extending 
possibly  over  the  continent. 

Question.  Have  your  opinions  undergone  any  change  since  the  opening  of  the  rebellion  in 
reference  to  the  reserved  rights  of  States  under  the  Constitution  of  the  United  Btafc 

Answer.  My  convictions  on  the  original  abstract  questioii  hare  undergone  no  change,  but 
I  accept  the  issues  of  the  war  and  the  result  as  a -practical  settlement  of  that  question.  The 
sword  was  appealed  to  to  decide  the  question,  and  by  the  decision  of  the  sword  I  am  willing 
to  abide. 


WASHINGTON,  April  13,  1866. 
Dr.  James  P.  Hambleton  sworn  and  examined. 

By  Mr.  BOUT  WELL  : 

Question.  Where  do  you  reside  and  what  is  your  occupation  ? 

Answer.  I  reside  in  Atlanta,  Georgia.     My  occupation  is  that  of  a  physician. 
•Question.  What  have  been  your  means  of  ascertaining  the  sentiments  of  the  people  of 
Georgia  since  Lee's  surrender? 

Answer!  Atlanta  is  a  very  central  position.  It  is  the  great  railroad  centre  of  Georgia,  and 
I  frequently  come  in  contact  there  with  persons  from  other  parts  of  the  country. 

Question.  Is  there  or  not  an  expectation  among  the  people  that  they  are  to  be  compensated 
for  the  loss  of  slaves  or  other  losses  sustained  by  the  war? 

Answer.  That  is  the  impression,  when  the  passions  engendered  by  the  war  have  subsided. 

Question.  Is  it  a  matter  of  talk  about  there  ?  » 

Answer.  Not  much  ;  no  great  deal.  Occasionally  you  hear  it  mentioned.  Our  people  have 
very  great  confidence  in  the  sense  of  justice  of  the  American  people  after  the  passions  of  the 
hour  have  passed  away. 

Question.  Do  you  recollect  the  names  of  any  persons  whom  yon  have  heard  speak  upon 
the  subject  ? 

Answer.  No,  sir.  I  could  not  specify  names.  There  is  a  general  indisposition  upon  the 
part  of  our  people  to  discuss  national  politics. 

Question.  You  think  they  expect  payment  for  their  slaves  as  well  as  for  their  other  losses? 

Answer.  Well,  I  think  that  is  the  calculation,  at  the  proper  time. 

Question.  Do  you  know  anything  of  the  sentiment  of  the  people  in  regard  to  the  payment 
of  the  national  debt  which  the  country  has  incurred  in  the  suppression  of  the  rebellion? 

Answer.  There  is  very  little  said  about  that.  I  think  the  sentiment  of  our  people  gener 
ally,  in  relation  to  the  public  debt,  is,  that  there  will,  at  some  future  day,  be  a  sort  of  a  com 
promise  in  the  way  of  compensation  of  property,  when  each  of  the  southern  States  will  be 
shouldered  with  so  much  of  the  public  debt,  which  I  think  the  people  will  bear  very  cheer 
fully.  But  candor  compels  me  to  say  that  if  they  are  denied  representation  and  payment  for 
the  destruction  of  property  I  do  not  think  they  will  very  cheerfully  pay  the  debt.  That  is  a 
very  natural  conclusion,  in  my  judgment.  I  feel  that  way. 

Question.  Are  you  a  native  of  Georgia  ? 

Answer.  I  am  a  native  of  the  Old  Dominion.  I  have  been  living  in  Georgia  for  the  last 
fifteen  years  ;  married  in  that  State,  and  all  my  interests  are  in  Georgia. 

Question.  Did  you  take  any  part  in  the  rebellion  ? 

Answer.  Yes,  sir.  I  did  all  1  could  for  its  success,  and  regretted  exceedingly  that  I  was 
not  able  to  do  more.  I  was  simply  the  surgeon  of  a  regiment.  I  belonged  to  that  class  pre 
vious  to  the  commencement  of  the  civil  Avar  known  as  co-operatiouists  ;  was  opposed  to  im 
mediate  secession.  I  was  a  supporter  of  Mr.  Douglas.  But  when  the  State  acted,  having 
been  taught  in  the  school  of  State  rights,  believing  that  my  allegiance  was  first  to  my  State, 
I  quietly  acquiesced  in  the  action  of  the  State  and  "went  with  it. 

Question.  Have  your  opinions  changed  in  regard  to  the  soundness  of  the  States  rights 
doctrine,  as  a  constitutional  doctrine? 

Answer.  Not  in  the  least.  I  still  believe  that  to  be  the  principle  upon  which  the  Consti 
tution  was  formed. 

Question.  To  what  extent,  if  any,  has  a  change  taken  place  upon  that  subject  among  your 
people  ?  . 

Answer.  I  do  not  think,  as  far  as  belief  in  the  right  of  a  State  to  secede  is  concerned,  there 
has  been  any  change  of  opinion  whatever.  We  have  agreed  not  to  try  it  any  more,  and  as 
honorable  mon  we  could  not  try  it  again. 

Question.  Would  the  people  consent  to  negro  suffrage,  either  universal  or  qualified,  as  a 
condition  of  the  restoration  of  the  State  to  political  power  in  the  government? 

Answer.  I  do  not  think  they  would,  and  for  this  reason:  We  hold  in  the  south  that  wo 
have  conformed  strictly  to  all  the  requirements  laid  down  in  the  proclamation  of  t ho  Presi 
dent,  immediately  after  the  collapse  of  the  confederacy ;  and  that  the  war  having  been  waged 
in  defence  of  the  indissolubleness  of  the  Union,  we  do  not  think  the  northern  States  should 
make  any  more  requirements  upon  us.  That  is  the  idea.  But  \vo  could  not  resist  any  law 


ARKANSAS — GEORGIA MISSISSIPPI — ALABAMA.  167 

of  Congress,  because  we  are  perfectly  exhausted  ;  it  would  be  tbe  most  suicidal  policy  any 
people  ever  attempted.  We  do  not,  therefore,  think  of  anything  of  that  sort.  My  impression 
is  that  the  effect  of  the  passage  of  such  a  law  would  be  a  general  exodus  from  the  southern 
States.  That  is  the  feeling. 

Question.  Would  they  look  upon  a  proposition  to  diminish  representation  in  Congress,  so 
that  it  should  be  based  upon  the  white  population  exclusively,  with  any  more  favor? 

Answer.  Well,  sir,  I  think  they  would  ;  but  they  would  look  upon  that  as  an  indirect 
mode  of  forcing  them  to  extend  suffrage  to  the  negro.  We  do  not  feel  that  we  would  have 
any  protection  in  the  country  at  all,  if  the  negro  were  allowed  to  vote. 

Question.  What  evils  would  you  anticipate  from  it  ? 

Answer.  Well,  the  most  unreliable  class  of  men  would  be  selected  by  them  as  representa 
tives  in  the  first  instance.  It  would  have  a  tendency  to  lower  our  moral  and  political  stand 
ard,  from  what  we  have  been  taught  to  believe  was  right  and  proper.  In  other  words,  we 
regard  it  as  having  an  agrarian  tendency,  which  is  very  repugnant  to  the  southern  people. 
If  you  allow  them  to  vote,  you  must  allow  them  to  sit  upon  juries  and  to  testify  in  the  courts. 
We  do  not  believe  any  man's  rights  would  be  protected. 

Question.  What  has  been  the  conduct  of  the  negroes  during  and  since  the  war  ? 

Answer.  I  have  seen  very  little  difference.  They  were  very  humble  and  obedient  during 
the  war;  no  people  ever  behaved  better.  After  the  war  they  were  under  the  impression  that 
freedom  meant  freedom  from  labor,  and  everything  of  that  sort ;  most  of  them  quit  work,  and 
refused  to  do  anything  until  cold  weather  came  last  winter.  They  fully  expected  the  United 
States  government  to  clothe  and  feed  them.  Since  then,  a  great  many  of  them  have  made 
contracts,  and  are  working  very  well ;  but  the  great  difficulty  is  that  they  will  not  stick  to  a 
contract ;  they  are  fickle ;  they  are  constantly  expecting  to  do  better ;  they  will  make  a  con 
tract  with  me  to-day  for  twelve  or  fifteen  dollars  a  month,  and  in  a  few  days  somebody  will 
come  along  and  offer  a  dollar  or  two  more,  and  they  will  quit  me — never  saying  anything  to 
me,  but  leavfe  in  the  night  and  be  gone.  They  are  constantly  striking  for  higher  wages. 

Question.  Are  there  instances  of  violation  of  contract  on  the  part  of  the  negroes,  such  as 
you  have  spoken  of,  this  year? 

Answer.  Repeated ;  common,  in  the  cotton  regions ;  more  common  in  the  cotton  regions 
than  anywhere  else. 

Question.  What  wages  have  been  paid  in  the  region  you  speak  of? 

Answer.  Twelve  or  fifteen  dollars  a  month,  with  rations  and  medical  attendance. 

Question.  Is  it  not  true,  that  in  some  other  regions  in  the  vicinity  they  have  been  paying 
twenty  or  twenty-five  dollars  a  month? 

Answer.  I  understand  they  have  been  offering  as  much  as  twenty  or  twenty-five  dollars  in 
Mississippi  and  Louisiana,  and  it  is  through  agents  from  those  States,  who  have  come  into 
Georgia  and  Alabama,  that  this  state  of  things  has  occurred.  The  planters  do  not  come 
themselves ;  they  will  generally  send  a  negro  ;  the  negro  will  come  into  the  quarters  of  our 
hands  at  night,  and  say,  "I  will  give  you  so-and-so;  such  a  man  wants  to  employ  you." 

Question.  Have  not  the  wages  paid  of  twelve  or  fifteen  dollars  a  month  been  low,  and  have 
not  the  negroes  some  reason  to  complain  of  the  manner  in  which  these  contracts  were  made 
with  them  originally  ? 

Answer.  I  cannot  say  about  that.  Their  contracts  were  generally  approved  by  agents  of 
the  Freedmen's  Bureau.  There  seemed  to  be  a  sort  of  general  custom  or  common  usage. 
The  lands,  you  know,  in  Georgia  are  not  so  fertile  as  they  are  further  south  in  the  alluvial 
regions,  and  they  cannot  afford  to  pay  so  high  prices  in  Georgia  and  portions  of  Alabama  as 
they  can  in  Mississippi  and  Louisiana.  Six  or  eight  bales  to  a  hand  is  the  usual  quantity 
raised  in  Georgia  and  Alabama ;  but  when  you  get  into  southern  Alabama,  and  into  the 
alluvial  districts  of  Louisiana  and  Mississippi,  ten  or  twelve  bales  can  be  made.  Therefore 
they  can  afford  to  pay  much  more  than  we  can ;  but  it  is  a  much  more  sickly  country  in 
those  malarious  districts. 

Question.  Has  the  demand  for  labor  been  equal  to  the  supply,  this  year  ? 

Answer.  It  has  been  gjeater.  It  could  not  be  supplied.  The  great  disposition  of  the  ne 
groes  is  to  work  in  towns.  Even  the  cornfield  negro  has  a  great  dislike  to  go  into  the  field; 
he  wants  to  get  into  the  towns  and  do  little  errands  and  jobs.  They  have,  as  a  class,  a  great 
thirst  for  the  towns  and  cities ;  they  like  company ;  they  are  very  social  creatures — like  to 
job  about  during  the  day,  and  be  where  -they  can  go  to  a  party  at  night. 

Question.  What  are  the  prospects  for  the  crops  for  this  year,  if  the  season  should  be  good  ? 

Answer.  The  prospects  are  very  gloomy,  in  my  judgment,  and  for  the  following  reasons: 
all  the  farming  implements  and  farming  stock  were  absorbed  or  destroyed  by  the  two  armies  ; 
the  plantations  grew  up  in  briers  and  bushes ;  the  fences  were  burned  and  neglected ;  the 
cotton-gins  wrere  burned,  and  the  cotton  seed,  being  four  or  five  years  old,  not  more  than  one 
seed  in  a  thousand  will  come  up — that  is  the  estimate.  There  are  very  few  men,  therefore, 
able  to  plant,  because  they  have  not  the  means,  and  a  great  many  of  them  have  not  the 
heart.  It  is  like  commencing  anew  again,  in  a  great  majority  of  instances.  Then,  the  best 
cotton  regions  in  the  south — in  the  Mississippi  valley — are  under  water,  owing  to  the  levees 
being  cut.  My  impression,  from  the  best  information  I  can  gather,  is,  from  the  unsettled 
condition  of  our  labor  system  down  there,  and  want  of  funds  to  get  stock  and  farming  imple 
ments,  that  600,000  bales,  at  the  outside,  will  be  the  amount  of  cotton  raised  in  the  whole 


168  RECONSTRUCTION. 


That  will  bo  raised  principally  by  small  white  planters  on  small  places,  from  five  to 
bales  each.     I  think  next  year  things  will  become  more  settled,  and  there  will  be  in 


south. 

twenty 

all  probability  some  1,500,000  bales  raised. 

Question.  When  did  you  leave  Georgia? 

Answer.  On  the  14th  of  March  last. 


DUVALL'S  BLUFF,  ARKANSAS,  January  20,  18G6. 

SIR:  I  have  the  honor  to  submit  the  following  report. 

In  obedience  to  instructions  received  from  headquarters,  White  river  district,  dated  Decem 
ber  30,  1865,  and  Special  Order  No.  2,  from  same  headquarter!,  dated  January  2,  1866,  I 
visited  the  following  named  places,  viz  :  Jacksonport,  Pocahontas,  and  Batesville,  and  on 
my  return  intended  to  visit  Augusta,  but  on  account  of  ill  health  did  not  do  so. 

I  improved  every  opportunity  to  investigate  the  condition  of  the  country,  and  especially 
the  working  of  the  civil  government. 

Any  one  passing  through  the  country  on  business  might  be  led  to  believe  that  the  civil 
government  was  working  smoothly,  but  a  close  observation  would  change  his  opinion  radi 
cully.  In  the  counties  of  Jackson,  Lawrence,  and  Randolph  the  civil  officers  have  all  been 
prominent  rebels,  and  of  course  their  sympathies  are  with  those  who  have  been  connected 
with  them  in  the  rebellion,  and  they  show  but  little  regard  for  that  class  of  men  who  stood 
firmly  by  the  government  during  the  severe  and  successful  struggle  for  life  and  liberty. 

In  Independence  county  matters  are  different  in  some  respects.  The  officers  are  all  Union 
men,  but  the  administration  of  law  is  not  so  different  from  that  of  other  localities  as  might  be 
supposed.  While  in  the  one  case  Union  men  receive  no  sympathy,  in  the  other  a  secret  com 
bined  influence  against  civil  authority  is  felt.  From  this  it  is  not  to  be  inferred  that  there  is 
an  open  resistance  to  the  law,  but  a  failure  to  aid  and  assist  in  enforcing  the  law ;  hence  the 
administration  of  justice  fails  to  inspire  evil-doers  with  a  sufficient  terror,  and  at  the  same 
time  does  not  give  a  perfect  protection  to  good  citizens. 

Improvements  in  the  country  through  which  I  passed  are  below  my  expectation.  I  had  a 
good  opportunity  to  judge,  travelling,  as  I  did,  by  land  from  Jacksonport  to  Pocahontas,  and 
also  while  going  to  Batesville.  Some  places  in  the  vicinity  of  the  latter  are  undergoing  re 
pairs  and  others  are  being  opened.  Independence  is,  in  my  opinion,  the  most  peaceable  and 
prosperous  ot  any  county  I  visited,  for  the  reason  that  it  contains  a  strong  Union  element. 

Where  Union  men  are  largely  in  the  minority  they  dare  not  express  their  sentiments  freely. 
The  reason  for  this  invariably  given,  upon  inquiry,  is,  "it  is  not  safe  for  us  to  express  our 
sentiments  to  every  person."  These  cases  are  not  isolated,  but  occur  especially  in  those 
counties  controlled  by  former  rebels.  I  do  not  wish  to  be  understood  that  every  man  who 
has  been  in  the  confederate  army  is  a  rebel  at  heart,  or  that  they  would  in  any  way  molest 
Union  men,  for  a  great  many  men  who  were  opposed  to  the  rebellion  were  forced  into  the 
rebel  army;  and,  again,  some  of  those  who  entered  into  the  war  with  all  their  heart  have 
changed  their  minds,  and  are  and,  in  my  opinion,  will  continue  to  be  first-class  citizens.  But 
of  this  class  there  are  less  than  I  expected  to  find.  One  thing  is  very  significant,  and  the 
most  casual  observer  can  hardly  fail  to  notice  it.  In  conversation  rebel  citizens  express  their 
full  satisfaction  with  the  civil  government,  and  a  strong  desire  for  the  removal  of  the  troops, 
there  being  no  further  necessity  for  them,  as  civil  authority  is  respected  and  obeyed  in  evny 
particular.  But  when  Union  men  are  .questioned  as  to  their  views  the  scene  changes  from 
light  to  darkness.  They  fear  the  removal  of  the  troops  from  their  part  of  the  country,  for  in 
that  event  they  would  be  left  without  protection  to  lite  and  property. 

The  judge  of  the  judicial  district  comprising  the  counties  of  Jackson,  Lawrence,  'Randolph, 
and  other  counties  has  decided  that  judgments  rendered  and  suits  commenced  in  civil  courts 
held  under  confederate  authority  were  legal  and  would  continue  to  form  a  part  of  the  records 
of  the  courts,  and  where  indictments  were  found  during  the  same  time  they  would  be  stricken 
from  the  records  I  was  so  informed  by  the  clerks  ot  the  courts  at  Jacksonport  and  Poca 
hontas.  Union  men  complained  that  civil  authority  is  working  against  them  very  much  in 
such  counties  where  the  officers  were  rebels.  Complaints  were  made  to  me  more  than  once 
that  grand  juries  have  refused  to  take  the  testimony  of  witnesses  of  good  standing.  The  con 
sequence  was  rebels  escaped  justice.  In  one  instance  indicted  rebels  were  not  arrested 
through  the  neglect  of  the  officer  of  the  law  whose  duty  it  was  to  make  the  arrest. 

Reliable  men  inform  mo  that  their  horses  were  stolen  during  the  war  and  are  still  ridden  by 
men  in  their  vicinity.  They  had  made  efforts  to  recover  the  horses  but  they  found  it  impossible 
to  succeed.  One  gentleman  informed  me  that  he  was  the  owner  of  several  judgments  against 
men  living  in  his  vicinity  which  were  rendered  before  the  war ;  he  had  made  application  to 
the  proper  officer  to  levy  on  some  property,  but  tho  officer  refused,  giving  as  his  reason  that 
he  AVIIS  afraid  to  sell  it  and  he  did  not  do  so.  This  was,  I  believe,  in  Lawrence  county,  and 
the  man  told  mo  ho  had  been  in  the  service  of  tho. United  States  government  during  the  war. 

There  was  a  street  rumor  at  Pocahontus  that  at  Christmas  the  little  lot  of  soldiers  would 
be  driven  from  the  place,  which  occasioned  some  excitement,  especially  among  Union  poo- 


ARKANSAS — GEORGIA — MISSISSIPPI ALABAMA.  169 

pie,  some  of  whom  I  believe  remained  in  camp  during  the  night,  and  tendered  their  services 
to  the  officer  in  command  o''  that  post. 

I  heard  of  no  openresi^  ..co  to  military  authority  except  in  one  case,  which  occurred  at  a 
little  place  called  EveiXig  Shade,  in  the  county  of  Lawrence,  where  Captain  Gilpatrick  was 
trying  to  make  som/arrests.  He  was  resisted  and  his  men  fired  upon.  The  fire  was  returned 
by  the  men.  No  o/fe  was  killed,  it  was  supposed.  Some  men  offered  their  services  to  the 
captain.  The  inf/L  who  was  to  be  arrested  escaped,  and  is,  I  suppose,  still  at  large. 

The  superintendent  of  freedmen  at  that  place,  who  made  the  complaint  against  the  man 
whose  arrest  wo/  attempted,  was  notified  that  he  must  leave  that  part  of  the  country,  as  he 
could  not  liv«'  T  TI-.  I  to  told  mo  he  did  not  dare  to  go  back  there  to  live,  unless  some  troops 
were  sent ;  an<7  he  expressed  the  opinion  that  every  real  Union  man  and  all  the  freedmen 
would  be  comjB  iled  to  leave  that  section  of  country,  unless  the  government  gives  them  some 
protection. 

I  heard  no  cfc  nplaiuts  of  military  interference  with  the  civil  authorities,  except  in  one  case 
at  PocahontasJJS.vhen  the  commanding  officer  of  that  place  released  a  l^Ir.  Brimmage,  who 
had  been  indiojfad  for  murder.  I  made  some  inquiries  about  the  matter,  and  found  that  he 
had  shot  a  raafi  for  stealing  his  horses.  This  shooting  affair  took  place  during  the  war,  about 
one  and  a  ha/'  year  ago,  as  I  understood  it.  I  did  not  learn  whether  he  shot  the  man  in  the 
act  of  stealing  the  horses  or  after  that.  Mr.  Brimmage  is  represented  to  be  a  man  of  good 
character  auTi  a  firm  friend  of  the  government. 

The  officer  who  released  the  prisoner  was  of  the  opinion  that  it  was  a  clear  case  of  injus 
tice,  and j^at  if  the  man  had  been  a  rebel  he  would  not  have  been  indicted.  And  while  I  am 
of  the  ojr  nioii  that  the  officer,  in  releasing  Mr.  Brimmage  from  confinement,  overstepped  the 
bound'  of  his  authority,  and  that  interference  with  civil  authority,  under  ordinary  circum- 
shr.ces,  would  be  dangerous,  yet,  I  am  still  further  of  the  opinion  that  unless  the  proper  mili- 
tffry  authority  does  interfere,  every  man  who  has  dared  to  defend  his  life  and  property  during 
the  rebellion  must  flee  the  country,  or  be  left  in  the  hands  of  his  enemy  to  perish  without 
remedy ;  and  if  the  civil  authorities  are  permitted  to  proceed  with  the  case,  they  will  assuredly 
take  hold  of  other  cases,  as  the  Union  men  regard  it  as  a  test  case.  This  is  my  firm  con 
viction,  and  deeming  it  a  matter  of  great  importance  to  the  peace  and  welfare  of  the  country, 
I  have  dwelt  upon  it  with  some  particularity.  I  heard  no  complaint  against  the  conduct  of 
the  troops  by  citizens,  and  on  inquiry  found  they  behaved  well. 

There  is  no  large  settlement  of  freedmen  above  Jacksonport,  as  that  has  not  been  a  very 
great  cotton-growing  district ;  however,  there  are  some,  and  I  believe  that  where  an  officer 
of  the  army  acts  as  superintendent,  with  troops  at  his  command,  things  work  smoothly.  But 
I  believe  that  citizens  filling  position  will  not  be  able  to  succeed,  unless  they  are  sup 
ported  by  troops.  They  will  either  yield  to  the  influence  of  the  'planters  in  the  injustice  of 
the  freedmen,  or  they  will  be  compelled  to  leave  the  country  or  be  mobbed. 

The  superintendent  at  Evening  Shade  had  some  trouble,  as  I  have  already  intimated  in 
this  report.  He  was  bruised  considerably,  and  warned  to  leave  the  place  at  once.  Fearing 
the  consequences  if  he  staid  at  home  that  night,  he  went  out  to  go  to  a  friend's  house,  and 
was  followed  by  a  man  whom  he  suspected  of  the  intention  to  take  his  life  :  but  meeting  with 
a  Union  man,  the  intruder  turned  back.  Under  present  circumstances  freedmen  stand  no 
chance  in  that  locality,  and  would  have  to  leave  unless  something  more  is  done  to  protect 
them.  The  commanding  officer  at  Jacksonport  is  doing  everything  in  his  power  for  the  pro 
tection  of  the  Union  men  and  freedmen  of  the  country,  Jjut  it  is  impossible  for  him,  or  for 
anybody  else,  to  give  protection  to  those  in  the  northern  counties,  as  they  are  too  far  away 
from  his  station.  I  did  not  hear  of  any  crimes  bein»  committed  by  the  freedmen.  Some 
complain  of  their  being  insolent  and  not  willing  to  work.  But  I  believe  they  are  generally 
willing  to  work  when  they  can  get  fair  prices,  and  have  some  security  for  their  pay. 

There  seems  to  be  a  great  number  of  laborers  in  the  upper  part  of  the  district.  I  saw  very 
few  who  were  idle,  and  all  seemed  well  disposed.  I  believe  that  with  a  fair  chance  they  will 
do  well  for  themselves  and  for  their  employers  ;  and  that  if  they  are  properly  protected  until 
they  learn  to  make  contracts  for  themselves,  and  until  they  become  acquainted  with  their  new 
position,  and  their  relations  to  other  men,  they. will  be  abundantly  able  to  take  care  of  them 
selves.  Then,  like  other  laborers,  they  will  seek  employment  where  it  will  pay  the  best. 
When  that  time  comes,  the  necessity  of  their  labor  will  secure  to  them  the  proper  considera 
tion.  But  unless  government  gives  the  necessary  protection  at  this  time,  the  consequences 
would  be  very  unhappy  to  all  concerned. 

I  find,  in  the  section  of  country  which  I  visited,  a  good  feeling  existing  between  the  freed 
men  and  the  Union  people,  and  they  will  protect  each  other  as  far  as  possible. 

I  am  fully  of  the  opinion  that^it  is  by  far  better  not  to  have  superintendents  of  freedmen, 
where  they  cannot  have  military  aid  in  enforcing  their  orders.  I  have  cited  particular  cases, 
in  order  to  give  you  the  situation  of  affairs  in  different  localities,  and  also  to  show  the  ne 
cessity  of  giving  protection  to  places  where  men  are  in  danger. 

I  was  led  to  the  conclusion,  after  making  inquiry  into  the  condition  of  affairs  in  the  upper 
part  of  the  district,  that  more  troops  would  be  necessary  in  order  to  give  peace  and  harmony 
to  that  section  of  the  cpuutry.  I  think  that  one  company  more  would  be  sufficient,  as  the 
command  at  Jacksonport  could  be  lessened  some.  They  have  one  company,  and  a  half  of 
another,  and  I  think  one  company  would  be  sufficient  there,  if  two  or  "three  more  sta* 


170  RECONSTRUCTION. 

tions  were  established  north  of  Jacksonport.  It  may  be  possible  that  a  company  might, 
if  stationed  at  Evening  Shade,  keep  things  quiet  in  those  upper  counties,  as  the  distance 
from  this  place  would  not  be  great.  Evening  Slmde  is  situated  near  a  point  where  four  coun 
ties  corner.  I  would  further  suggest  that  it  would  be  well  to  have  a  small  garrison  of  troops 
at  Searcy,  and  another  at  Augusta. 

My  opinion  is,  that  there  will  be  more  or  less  trouble  for  some  time  to  come,  as  tho  country 
is  filling  up  with  men  who  are  leaving  Missouri,  as  they  say,  on  account  of  the  oppv 
laws  of  that  State.     This  I  regard  as  a  very  bad  indication,  for  where   men  become  so  bad 
they  cannot  live  at  home,  there  is  very  little  hope  of  their  being  better  anywhere  else. 

I  think  the  people  of  the  country  through  which  I  passed  are  as  thoroughly  opposed  to  the 
government  as  ever,  and  it  is  not  an  uncommon  thing  to  hour  them  acknowledge  it.  Some  of 
them  say  that  they  would  be  satisfied  if  Congress  would  but  do  the  fair  thing  by  them ;  but 
they  complained  that  Congress  was  so  radical  that  they  could  not  expect  justice  from  th.it 
quarter.  Some,  however,  are  satisfied  with  peace  on  almost  any  terms,  but  there  are  a  great 
many  who  are  no  more  loyal  than  they  were  two  years  ago ;  and,  if  they  dared,  they  would 
be  in  open  rebellion  the  same  as  then.  And  if  the  troops  should  be  withdrawn  I  believe  that 
civil  government  would  be  too  weak  to  protect  society,  and  terror  and  confusion  would  be 
the  result. 

It  is  reported  that  there  are  large  quantities  of  government  stock,  especially  horses  and 
mules,  in  the  counties  of  Searcy,  Izard,  Van  Buren,  and  White,  which  might  be  recovered,  if 
troops  were  stationed  there. 

Very  respectfully,  your  obedient  servant, 

L.  H.  WHIPPLE, 
Colonel  ll'3th  U.  S.  C.  Infantry. 

STEPHEN  WHEELER, 

Captain  and  A.  A.  A.  General,  White  River  District, 

DuvalVs  Bluff,  Ark. 


WASHINGTON,  April  19,  1866. 
Sidney  Andrews  sworn  and  examined. 

By  Mr.  BOUTWELL: 

Question.  State  your  residence  and  occupation. 

Answer.  I  reside  in  Washington.     My  Occupation  is  that  of  correspondent. 

Question.  Have  you  travelled  in  the  south  since  the  surrender  of  Lee  ?  If  so,  through 
what  portions  and  during  what  period  of  time  ? 

Answer.  I  spent  the  months  of  September,  October,  November,  and  the  first  week  in  De 
cember  in  the  States  of  North  Carolina,  South  Carolina,  and  Georgia.  I  reached  Georgia  on 
the  24th  of  October,  I  think,  and  left  Savannah  about  the  3d  of  December,  spending  some 
six  weeks  in  Georgia,  writing  letters  during  that  time  for  the  Boston  Advertiser  and  "Chicago 
Tribune,  travelling  considerably  through  the  central,  western,  and  northern  parts  of  the 
State  and  down  its  eastern  line,  attending  the  session  of  the  State  convention,  conversing 
with  numbers  of  all  classes  of  people,  from  rice  plantation  negroes  to  provisional  governors. 

Question.  What  was  the  principal  object  of  your  visit? 

Answer.  I  went  out  as  correspondent  of  the  two  papers  named  mainly  to  study  the  polit 
ical  situation — partly  because  I  wanted  to  look  into  it  on  my  own  account,  and  partly  because 
the  proprietors  of  those  papers  were  exceedingly  anxious  to  lay  before  their  readers  informa 
tion  on  that  subject. 

Question.  Were  the  letters  written  by  you  on  this  occasion  published  ? 

Answer.  They  were  mostly  published  in  the  Advertiser  and  Tribune.  I  wrote  a  few  for 
one  or  two  other  papers,  but  these  were  the  two  to  which  I  mainly  contributed. 

Question.  Did  you  write  over  your  own  name  ? 

Answer.  I  did  not.  I  wrote  to  the  Advertiser  over  the  signature  of  "Dixon,"  by  which 
name  I  am  well  known  to  the  readers  of  that  paper,  and  to  the  Tribune  over  the  signature  of 
"  Israel,"  by  which  I  am  known  to  the  readers  of  that  paper,  and,  to  some  extent,  in  Illinois 
generally,  having,  during  the  last  half  dozen  years,  corresponded  for  two  or  three  papers  of 
that  State  over  that  signature. 

Question.  As  the  result  of  your  observations,  what  is  your  opinion  of  the  people  of 
Georgia  as  to  their  loyalty  or  disloyalty  to  the  government  ? 

Answer.  I  think  they  are  satisfied  They  cannot  accomplish  anything  through  war  on  the 
government,  but  I  did  not,  at  the  time  I  was  there,  find  a  spirit  o*f  sympathy  with  the  Union 
as  such,  or  with  the  administration  as  representing  the  will  and  sovereignty  of  the  Union.  I 
found  hostility  manifested,  not  only  in  conversation  with  the  people,  but,  it  seemed  to  me,  in 
the  result  of  the  elections  held  while  I  was  in  the  State.  The  men  who  were  elected  to  Con 
gress  were,  without  an  exception,  men  who  heartily  sympathized  with  the  course  pursued  by 
the  State  during  the  war.  I  do  not  now  recollect  that  more  than  one  or  two  of  them  were 
what  were  called  original  secessionists,  but  faur  of  the  seven  had  been  in  the  rebel  army. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  171 

One  of  them,  elected  by  a  district  generally  spoken  of  as  the  most  loyal  in  the  State,  with 
one  exception,  was  the  worst  malcontent  I  found  in  the  whole  State  convention.  I  allude 
to  Colonel  Matthews,  who  was  elected  from  the  Augusta  district.  He  made  a  great  many 
speeches  in  the  convention,  and  each  of  them  was,  with,  perhaps,  one  exception,  more  bitter 
in  language  and  hostile  in  spirit,  I  think,  than  any  single  speech  made  by  any  other  man  in 
that  body.  It  seemed  to  me  that  the  result  of  the  elections,  quite  as  much  as  the  conversa 
tion  of  the  people,  indicated,  at  that  time,  a  very  determined  spirit  of  hostility  toward,  and  a 
very  significant  lack  of  sympathy  with,  the  Uition.  The  gentleman  elected  from  the  district 
usually  known  as  the  Columbus  district,  Mr.  Buchanan,  is  a  man  who  served  in  the  rebel 
army,  and  who  announced  himself  in  a  card,  which  he  published  during  the  canvass,  to  the 
people  of  the  district,  as  a  radical  secessionist.  I  learned  that  he  entered  the  rebel  array  in 
April,  1861,  as  a  lieutenant,  and  passed  subsequently  through  the  intermediate  grades  to  a 
lieutenant  colonelcy.  He  was  wounded  in  the  battle  of  Pavilion  Station,  in  June,  1864,  and 
did  not  recover  from  his  wounds  in  time  to  go  into  active  service  again  before  the  breaking 
up  of  the  confederacy.  His  card  contained  this  paragraph  : 

"  It  may  not  be  amiss  or  improper  to  state,  for  the  information  of  those  not  acquainted  with 
me,  that  at  the  commencement  of  the  late  war  I  volunteered  my  services,  and,  through  the 
executive  of  the  State  of  Georgia,  entered  into  the  army  of  the  Confederate  States,  served  in 
the  army  of  Virginia,  and  did  all  in  my  power  to  sustain  the  cause  of  the  south  and  secure 
the  independence  of  the  Confederate  States.  No  law  was  ever  passed  by  the  congress  of  the 
Confederate  States  by  which  I  could  be  required  to  take  up  arms  during  the  whole  struggle. 
I  was  exempt  by  the  laws  of  the  Confedef  ate  States.  I  refused  to  avail  myself  of  the  ex 
emption,  and  continued  in  the  service  to  the  last.  The  cause  failed,  the  confederacy  fell, 
and  our  expectations  of  a  separate  and  distinct  nationality  passed  away.  I  feel  that  I  am 
not  responsible  for  that  failure  in  any  way.  As  a  citizen,  a  soldier  and  a  man,  I  did  all  I 
could  to  insure  success." 

Mr.  Cook,  from  the  Albany  district,  and  Mr.  Walford,  from  the  Atlanta  district,  were  both 
generals  in  the  rebel  army,  though  I  understood  that  neither  was  an  original  secessionist. 
Mr.  Cabonnis,  from  the  Macon  district,  and  Mr.  Cohen,  from  the  Savannah  district,  were 
both  civil  officers  of  the  rebel  government.  The  fact  that  a  candidate  had  been  in  some  way 
connected  with  the  rebel  service  seemed  to  be  his  best  indorsement  in  the  eyes  of  the  people. 

Question.  Were  you  present  during  the  entire  session  of  the  convention  ? 

Answer.  I  was. 

Question.  How  were  such  views  as  those  presented  by  Mr.  Matthews  received  by  the  con 
vention — favorably  or  otherwise  ? 

Answer.  Quite  generally  favorably.  During  the  session  of  the  convention— in  fact,  on 
the  second  day  of  its  session,  a  resolution  was  moved  for  the  appointment  of  a  committee  to 
memorialize  the  President  in  behalf  of  Jeff.  Davis  and  others.  There  was  some  debate  upon 
it.  The  only  man  in  the  convention  who  objected  to  it  was  Joshua  Hill.  It  was  indorsed 
by  two  or  three  gentlemen  quite  strongly.  Finally  it  came  to  Colonel  Matthews  to  make  a 
speech.  He  said — and  I  read  now  from  proof-slips  of  a  book  which  I  am  having  published, 
"The  South  Since  the  War,"  and  the  matter  for  which,  in  this  regard,  was  written  the  very 
evening  after  the  speech  was  made : 

"  Why  should  we  not  ask  this  favor?  We  have  been  pardoned  by  the  national  Executive, 
and  by  our  pardon  we  become  free  and  sovereign  citizens,  clothed  with  all  the  rights  and 
privileges  pertaining  to  Americans.  Among  the  most  sacred  of  these  rights  is  that  of  peti 
tion,  and  we  mean,  in  the  passage  and  carrying  out  of  this  resolution,  to  exercise  that  sacred 
right.  I  understand  that  the  President  of  the  United  States  is  inclined  to  mercy,  that  his 
policy  is  one  of  leniency,  and  I  believe  that  the  presentation  of  the  petition  proposed  by  this 
resolution  will  rather  strengthen  his  hands  than  weaken  and  embarrass  him.  These  men,  as 
I  have  said,  are  no  more  representative  men  of  the  confederacy,  but  they  represent  the  cause 
for  wh'ch  we  battled.  We  have  been  pardoned,  and  have  resumed  all  our  rights  as  citizens 
of  the  United  States,  and  I  declare  that  I  will  not  be  deterred  from  asking  pardon  for  these 
unfortunate  gentlemen  now  languishing  in  military  prisons.  [Hearty  applause  throughout 
the  house.  ]  Mr.  Davis  is  no  more  a  traitor  than  the  rest  of  us.  Nor  need  he,  nor  any  of  us, 
be  ashamed  of  our  records.  We  have  illustrated  southern  manhood  on  a  hundred  battle-fields, 
and  we  have  show^  that  we  can  honorably  submit  to  .the  decrees  of  God.  Now  let  us  come 
up  as  men — not  as  criminals  for  a  favor,  but  as  men  for  our  rights,  and  ask  the  pardon  of  our 
late  and  beloved  leaders."  [Further  applause.] 

On  another  occasion,  while  the  question  of  repudiating  the  rebel  war  debt  was  under  dis 
cussion,  the  proposition  being  to  pass  a  resolution  asking  the  provisional  governor  if  the 
President  had  signified  what  the  convention  must  or  ought  to  do,  Colonel  Matthews  made 
another  speech,  which  was  received  with  much  favor.  After  saying  that  neither  Congress 
nor  the  President  had  a  right  to  interfere  in  the  matter,  he  continued : 

"We  shall  not  be  back  in  the  Union  till  our  representatives  are  admitted  to  their  seats, 
and  if  Congress  requires  us  to  repudiate,  it  will  be  time  then  to  act.  Don't  let  us  do  more 
than  is  required  of  us.  True,  we  have  no  rights  but  such  as  the  conqueror  chooses  to  give 
us,  but  I  will  not  yield  one  inch  more  than  military  force  requires  me  to  yield.  The  conven 
tion  is  the  representative  of  what  is  left  of  the  sovereignty  of  Georgia  ;  let  us  do  what  in' us 
lies  to  assert  that  sovereignty.  I  shall  never  give  my  vote  to  add  the  damning  disgrace  of 


172  RECONSTRUCTION. 

repudiation  to  the  humiliation  of  subjugation.     Let  our  members  go  to  Congress  and  be  re 
fused  before  we  even  take  it  into  consideration.     I  will  never  consent  to  do  so  sooner." 

Colonel  Matthews  made  several  speeches,  during  the  debate,  on  the  ordinance  repudiating 
the  rebel  war  debt,  from  one  of  which  I  make  a  further  brief  quotation— the  proposition  at 
the  time  being  to  make  the  ordinance  a  part  of  the  new  constitution : 

"I  see  no  necessity  for  putting  this  thing  into  the  constitution,  for  an  ordinance  of  this  body 
is  just  as  much  a  part  of  the  fundamental  law  as  that  document  itself.  I  ask  gentlemen  to 
be  satisfied  with  a  simple  repudiation.  Let  the  damning  instrument  which  records  our  ever 
lasting  shame  and  disgrace  be  kept  as  inconspicuous  as  possible ;  let  it  go  into  darkness  among 
the  musty  archives  of  the  State,  so  that  our  children  need  not  be  called  upon  to  blush  at  \is 
sight,  so  that  future  generations  must  seek  long  to  find  it,  and,  haply,  not  discovering  it, 
may  cherish  the  hope  that  we  were  found  to  be  not  slaves,  but  men  of  honor,  even  in  our  hour 
of  sorest  distress  !  I  do  not  wish  to  be  represented  here  as  charging  the  President  with  being 
a  tyrant,  but  it  is  little  less  than  tyranny  to  make  this  demand  upon  us.  I  will  not  crawl  in 
the  dust  to  lick  the  hand  of  power.  We  are  not  yet  slaves ;  we  are  the  same  men  we  were 
four  years  ago ;  and  I  bid  my  associates  stand  as  we  stood  when  we  flung  the  flag  of  rebellion 
to  the  breeze,  as  we  stood  through  the  long  and  bloody  years  in  which  we  upheld  that  flag !" 
[Hearty  applause.] 

Question.  Did  you  form  any  opinion  from  your  observations  while  in  Georgia  as  to 
whether  the  people  would  prefer  the  re-establishment  of  the  confederacy,  if  that  were  possible, 
ox  to  remain  in  the  United  States  ? 

Answer.  I  concluded  that  they  would  have  preferred  the  establishment  of  the  confederacy, 
had  it  been  possible,  and  that  they  very  generally  regretted  the  failure  of  the  effort  to  estab 
lish  it. 

Question.  Do  you  know  anything  as  to  the  desires  and  purposes  of  the  people  concerning  . 
the  payment  of  the  federal  debt,  or  the  assumption  of  their  own  debt? 

Answer.  I  heard  but  little  said  by  anybody  in  respect  to  the  payment  of  the  federal  debt. 
I  had  some  conversation  one  evening  with  three  or  four  gentlemen  whom  I  met  at  a  town 
where  I  was  stopping  over  night.  They  expressed  to  me  the  idea  that  it  would  not  be  fair 
for  the  government  to  make  the  people  of  the  south  pay  for  the  whipping  they  had  got,  and, 
in  general  terms,  conveyed  the  impression  that  the  opinion  they  held  on  that  subject  was  the 
commonly  received  opinion  among  their  people.  I  did  not  learn  that  there  had  been  any 
particular  discussion  of  the  question,  or  that  there  was  any  strongly  expressed  purpose  in  re 
gard  to  the  matter,  but  was  given  to  understand  that  it  was  accepted  as  a  common,  instinctive 
feeling  on  their  part.  There  was  a  great  deal  of  talk  in  the  State  about  the  payment  of  the 
rebel  debt.  It  was,  of  all  questions,  the  most  exciting  one  that  came  before  the  State  conven 
tion.  I  am  very  decided  in  my  opinion  that  this  debt  would  not  have  been  repudiated  except 
under  what  might  be  called  orders  from  the  President  and  Mr.  Seward.  The  speeches  made 
in  the  convention  upon  the  question  of  repudiation  were  numerous,  and  indicated  a  good  deal 
of  latent  hostility  to  the  government ;  and  I  believe  I  may  say  truly,  that  the  most  bitter  of 
these  were  the  ones  greeted  with  the  heartiest  applause  on  the  floor  and  in  the  galleries,  and  thai 
attracted  most  attention  and  were  most  commended  by  the  people  of  Milledgeville  and  by  attend 
ants  on  the  convention.  Whether  it  was  because  the  people  generally  approved  the  sentiments 
uttered,  or  because  they  were  in  personal  sympathy  with  the  persons  who  gave  expression  to 
them,  is  more  than  I  can  say.  Some  of  those  who  were  called  the  best  men  in  the  convention,  men 
who  were  known  in  the  winter  of  1860-'G1  as  either  Union  men  or  co-operatiouists,  as  they  were 
called,  went  further  than  any  other  class  in  the  convention  in  advocacy  of  the  payment  of  that 
debt.  I  remember  particularly  that  Judge  Simmons,  who  was  quite  a  strong  Union  man  in 
the  convention  of  IbGl,  and  who  was  one  of  a  half  dozen  of  its  members  who  refused  to  sign 
the  ordinance  of  secession,  went  so  far  as  to  a.dvocatet resistance  to  repudiation  to  the  utmost 
extremity — to  repudiate  only  at  the  express  command  'of  the  military  power ;  and  then,  when 
the  people  of  the  State  should  again  be  in  the  enjoyment  of  all  their  rights,  when  the  State 
of  Georgia  should  once  more  be  a  free  and  independent  sovereignty,  as  he  expressed  it,  be 
suggested  that  another  convention  should  be  called  and  the  rebel  debt  assumed.  That  sen 
timent  was  received  with  many  manifestations  of  approval  on  the  floor  at  the  time,  and  was 
rebuked  by  but  one  member.  It  created  a  good  deal  of  talk  among  the  members  of  and  at 
tendants  on  the  convention ;  and  it  was,  I  suppose,  found  expedient  by  Judge  Simmons,  or 
by  his  friends,  to  strike  it  from  the  semi-official  report  of  the  convention  delmtts  published  in 
one  of  the  Macon  papers  ;  for  when  the  paper  came  back  the  following  day  with  the  report  of 
the  proceedings,  the  language  used  and  everything  bearing  on  that  point  was  omitted;  but 
that  the  language  was  used  I  am  as  positive  as  I  can  be  of  anything.  I  wrote  my  report  of 
it  that  evening,  and  the  correspondents  of  other  northern  papers  who  were  in  attendance  on 
the  convention  made  the  same  report  substantially.  My  report  of  what  he  said  was  as 
follows : 

"  If  the  Congress  requires  of  us  to  repudiate,  precedent  to  the  admission  of  our  representa 
tives,  then  we  must  do  it.     But  let  us  wait  and  see  if  that  further  disgrace  is  required  of  us. 
If  we  must  drink  still  deeper  of  the  cup  of  infamy,  .let  those  who  require  it  of  us  take  the 
responsibility  of  putting  it  to  our  lips.     Let  us  repudiate  only  at  the  express  command  of 
military  power ;  and  then,  when  we  are  again  in  the  enjoyment  of  our  rights  in  the  federal 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  1 73 

Union,  and  are  0nce  more  a  free  and  independent  sovereignty,  let  us  call  another  convention 
and  assume  the  whole  debt." 

Question'.  Did  that  convention  ratify  the  amendment  to  the  Constitution  of  the  United 
States  abolishing  slavery? 

Answer.  It  did  not ;  but  it  inserted  a  clause  in  the  new  constitution  acknowledging  the 
abolition  of  slavery,  and  declaring  that  it  should  not  again  exist  in  the  State.  This  was  ac 
companied,  however,  by  a  proviso  to  the  effect  that  the  people  of  the  State  did  not  give  up 
their  right  to  ask  compensation  for  slaves  emancipated;  and  I  believe  the  clause  could  not 
have  been  carried  through  the  convention  without  that  saving  proviso,  except  at  the  end  of  a 
severe  struggle. 

Question.  Was  the  Freedmen's  Bureau  in  operation  when  you  were  there  ? 

Answer.  Yes,  sir. 

Question.  With  what  results,  as  far  as  you  could  judge  ? 

Answer.  I  regard  General  Tillson,  the  State  commissioner,  as  one  of  the  best  men  I  know 
connected  with  that  bureau.  His  administration  of  its  affairs  was  much  more  satisfactory 
to  me  than  the  administration  of  the  office  either  in  North  or  South  Carolina.  I  had  frequent 
conversations  with  the  general,  both  at  Augusta  and  Milledgeville.  I  knew  very  well  what 
he  was  trying  to  do,  and  something  of  the  difficulties  he  had  to  encounter.  He  came  over 
to  Milledgeville  during  the  session  of  the  convention  to  see  if  he  could  not  secure  more  har 
monious  relations  between  the  bureau  and  the  people  of  the  State  than  had  before  existed. 
To  that  end  he  addressed  a  communication  to  the  provisional  governor,  asking  that  per 
mission  be  granted  to  appoint  certain  State  or  county  officers  as  his  agents.  The  governor 
felt  that  he  had  no  authority  to  act  in  the  matter,  and  referred  the  communication  to  the  con 
vention,  by  which  it  was  referred  to  the  principal  committee.  After  a  few  days  that  com- 
•  mittee  reported  in  favor  of  the  proposition.  They  also  reported  in  favor  of  giving  him 
authority  to  appoint  citizens  of  the  State  as  ageflts  of  the  bureau,  which  was  going  further 
than  he  had  expected  to  be  able  to  get  them  to  go,  though  no  further  than  he  desired.  That 
report  was  brought  before  the  convention  and  created  some  debate.  This  Colonel  Matthews 
of  whom  I  have  spoken  was  the  leader  of  the  opposition.  It  was  finally  adopted,  and  I 
know  that  General  Tillson  was  very  much  gratified.  Recommendations  were  immediately 
made  to  him  by  various  members  of  the  convention,  of  persons  it  was  desirable  to  have  ap 
pointed  in  different  localities  as  citizen  agents.  I  subsequently  visited  him  in  Augusta,  and 
had  some  conversation  with  him  as  to  the  effect  of  his  movement  in  that  direction.  I  found 
him  quite  well  satisfied  with  it.  The  bureau,  while  I  was  there,  had  agents  in  many  of  the 
cities  and  large  towns,  though  not  in  nearly  all  the  principal  towns  of  the  State.  Such 
military  agents  as  I  came  personally  in  contact  with,  with  few  exceptions,  seemed  to  be 
doing  their  work  very  well.  What  the  result  of  employing  citizen  agents  would  be,  the 
general  at  that  time  could  not  determine  definitely ;  he  hoped  for  good  results.  My  inquiries 
as  to  some,  at  least,  of  the  persons  recommended  as  such  agents  led  me  to  believe  it  would 
prove  a  good  plan.  The  bureau  was  not  kindly  looked  upon  by  the  people  at  large  by  any 
means ;  they  endured  it  as  an  evil,  and  I  think,  almost  without  an  exception,  were  anxious 
that  it  should  be  abolished,  and  that  the  care  of  the  negro  should  be  left  to  their  own  people. 
In  some  parts  of  the  State  I  found  a  strong  feeling  to  the  effect  that  measures  ought  to  be 
passed  by  the  State  legislature  when  it  came  together,  that  should  establish  a  system  of 
crimes  and  punishments  under  which  the  negroes  could  be  practically  restored  to  slavery 
again.  In  talking  with  some  persons  whom  I  met  in  the  southwestern  portion  of  the  State, 
1  asked  them  if  that  feeling  prevailed  to  any  considerable  extent,  and  they  gave  me  to  under 
stand  that  it  did.  They  thought  the  State  legislature  would  have  the  right  to  pass  such 
measures,  and  that  the  Freedmen's  Bureau  could  not  prevent  their  execution. 

Question.  What  was  the  condition  of  the  negroes  generally'in  that  State  with  reference  to 
physical  comfort  1 

Answer.  1  was  led  to  the  conclusion  that  the  form  of  slavery  which  had  existed  in  the 
central  part  of  the  State  was  not  nearly  as  severe  as  that  which  had  existed  in  the  lower 
part.  It  seemed  to  me  that  a  great  many  of  the  negroes  who  had  left  masters  living  in  the 
central  part  had  not  made  a  change  that  brought  them  any  advantage  with  respect  to  physi 
cal  comfort.  I  found  them  living  in  huts,  often  of  the  rudest  kind,  with  nothing  but  pine 
boughs  as  a  roof,  and  in  some  cases  I  had  reason  to  know  that  negroes  living  m  that  con 
dition  had  left  comfortable  homes,  yet  they  were  quite  unanimous  in  feeling  that  they  had 
made  a  good  change  in  getting  away  from  their  masters,  because  they  bad  become  free. 
Tin-  negroes  in  the  lower  part  of  the  State,  I  was  led  to  think,  were  not  as  well  treated  by 
the  white  people  generally  as  they  were  above.  I  met  quite  a  good  many  down  there  who 
had  been  either  forced  from  the  plantations  on  which  they  had  spent  the  summer,  or  had 
been  compelled  to  leave  from  neglect,  or  because  they  were  not  allowed  anything  to  eat.  I 
had  occasion  to  meet  them,  and  in  some  instances  to  direct  them  to  officers  of  the  bureau, 
and  to  suggest  to  them  ways  and  means  of  getting  hold  of  what  properly  belonged  to  them 
as  a  reward  for  their  summer's  work. 

Question.  Did  their  employers  refuse  to  pay  them  for  what  they  had  done? 

Answer.  In  some  cases  they  did.  In  some  cases  they  drove  them  from  the  plantations  by 
force,  .without  paying  them  at  all,  but  sometimes  they  made  a  pretence  of  paying  them  by 
giving  them  a  pair  of  shoes  or  a  little  clothing.  For  instance,  I  met  a  party  of  seven,  one 


1 74  RECONSTRUCTION. 

morning — they  were  all  men — and  I  learned  from  them  that  three  or  four  were  married  men. 
They  had  been  turned  off  a  plantation  where  they  had  been  hired  all  summer  and  had  been 
paid  really  two  dollars  and  a  half  apiece  for  their  summer's  work:  that  is  to  say,  the 
married  men  received  five  dollars  apiece  for  themselves  and  wives,  and  the  single  men  only 
received  two  dollars  and  a  half  each.  They  had  been  turned  off  a  plantation  in  the  south 
western  part  of  the  State;  their  relatives  were  all  in  South  Carolina.  They  were  ne<rn><-s 
that  had  been  taken  down  there  when  Sherman's  forces  were  marching  through  that  country. 
That  was,  perhaps,  in  one  sense  an  exceptional  case.  The  pay  was  less  than  in  most  instances, 
but  it  was  not  by  any  means  an  exceptional  case  in  respect  to  negroes  being  turned  off 
the  plantations  where  they  had  been  at  work. 

Question.  What  are  the  principal  objects  of  desire  on  the  part  of  the  negroes  in  regard  to 
their  own  future  ? 

Answer.  I  found  them  quite  generally  anxious  to  become  the  owners  of  land.  They  did 
not  seem  to  want  much,  only  "a  little  patch,"  as  they  said,  where  they  could  be  by  them 
selves.  Their  next  want  was  pretty  generally  a  mule  and  cart.  They  want  to  become 
householders  themselves.  They  seemea  to  think  the  ownership  of  land  and  a  horse  or  mule 
made  men  of  them  at  once. 

Question.  What  views  do  they  have  in  regard  to  education  for  themselves  and  children? 

Answer.  Their  views  were  a  good  deal  more  advanced,  in  that  respect,  than  those  of  the 
lower  class  of  white  people  I  met  there.  Many  of  the  negroes  in  some  localities,  common 
plantation  negroes,  and  day  laborers  in  the  towns  and  villages,  were  supporting  little  schools 
themselves.  Everywhere,  I  found  among  them  a  disposition  to  get  their  children  into 
schools,  if  possible.  I  had  occasion  very  frequently  to  notice  that  porters  in  stores  and  labor 
ing  men  about  cotton  warehouses,  and  cart-drivers  on  the  streets,  had  spelling-books  with 
them,  and  were  studying  them  during  the  time  they  were  not  occupied  with  their  work.  GQ 
into  the  outskirts  of  any  large  town,  and  walk  among  the  negro  habitations,  and  you  will 
see  the  children,  and  in  many  instances  grown  negroes,  sitting  in  the  sun  alongside  their 
cabins  studying.  I  was  quite  surprised  as  well  as  gratified  to  notice  such  a  decided  interest 
in  that  respect.  i 

Question.  Is  there  anything  further  bearing  upon  the  subjects  of  which  you  have  spoken 
that  you  would  like  to  communicate  in  this  connexion? 

Answer.  I  met  a  gentleman  in  the  State,  whose  name  I  do  not  feel  at  liberty  to  give.  He 
was  a  very  intelligent  man,  of  forty  or  forty-five  years  of  age,  who  had  served  as  a  captain 
in  the  rebel  army,  and  was  a  lawyer  by  profession.  I  was  introduced  to  him  simply  as  a 
gentleman  from  the  north.  He  had  no  knowledge  of  the  fact  that  I  was  a  correspondent. 
One  morning  I  fell  into  conversation  with  him  on  the  affairs  of  the  State.  He  seemed  quite 
ready  to  talk,  and  gave  me  his  views  of  the  situation  at  some  length.  They  were  given  in 
such  a  way,  and  were  themselves  of  such  a  character,  .that  I  did  not  feel  at  liberty  to  use  his 
name  in  my  correspondence,  or  to  designate  the  place  in  which  he  lived.  I  went  to  my 
room  immediately  after  the  close  of  the  conversation,  and  within  two  hours  I  had  written 
out  what  he  said  to  me.  I  should  like  to  incorporate  his  statement  in  my  evidence.  I  regard 
it  as  one  of  the  most  important  made  to  me  while  I  was  in  the  State.  I  had  been  saying 
something  on  the  subject  of  negro  suffrage,  and  conveyed  the  idea  to  him  that  there  were 
many  people  up  north  who  favored  it,  and  who  had  made  up  their  minds  that  the  affairs  of 
the  south  could  only  be  finally  settled  by  giving  the  negro  the  ballot.  In  reply  to  what  I 
bad  said  in  that  regard,  and  to  questions  I  asked  him  from  time  to  time,  he  said : 

"No,  I  have  not  much  faith  in  the  idea  that  capital  and  labor  will  reconcile  themselves. 
Things  are  exceptional  here.  Our  capital  is  all  in  the  hands  of  a  few,  and  invested  in  great 
plantations.  Our  labor  is  all  in  the  hands  of  a  race  supremely  ignorant,  and  against  whom 
we  all  have  a  strong  prejudice.  *  In  my  opinion,  you  can't  reconcile  the.se  two  interests  unless 
you  put  the  labor  in  subjection  to  the  capital — that  is,  unless  you  give  the  white  man  control 
of  the  negjo.  Of  course  that  can't  again  be  allowed,  and  therefore  there's  an  almost  impas 
sable  gult  between  the  negro  and  freedom  unless  the  government  'aids  him. 

"I'll  tell  you  what  I  tliiuk  you  should  have  done.  The  policy  of  confiscation  should  be 
rigidly  carried  out  at  once.  Mercy  to  the  individual  is  death  to  the  State ;  and  in  pardoning 
all  the  leading  men,  the  President  is  killing  the  free  State  he  might  have  built  here.  The  landed 
aristocracy  have  always  been  the  curse  of  the  State.  I  say  that  as  a  man  born  and  reared 
in  Georgia  and  bound  to  her  by  every  possible  tie.  Till  that  is  broken  down  then;  can  be  no 
real  freedom  here  for  either  the  negro  or  the  poor  white.  The  result  of  the  war  gave  you  a 
chance  you  never  will  get  again  to  overthrow  that  monopoly.  The  negroes  and  the  poor 
whites  are  bitter  enemies  in  many  respects,  but  they  agree  in  wanting  land.  You  should  have 
carried  out  your  confiscation  policy — divided  up  the  great  plantations  into  lift y-arre  lots,  and 
sold  them  to  the  highest  and  best  bidders.  That  would  have  thrown  some  of  the  land  iiit^ 
other  large  plantations,  but  it  would  have  been  fair,  and  would  have  given  the  poor  whites 
and  the  negroes  a  chance.  Give  a  man  a  piece  of  land,  let  him  have  a  cabin  of  his  own 
upon  his  own  lot,  and  then  you  make  him  free.  Civil  rights  are  good  for  nothing,  the  ballot 
is  good  for  nothing,  till  you  make  some  men  of  every  class  landholders.  You  must  give  the 
negroes  and  the  poor  whites  a  chance  to  live — that's  the  first  thing  you  should  do.  The 
negro  has  a  great  notion  to  get  a  piece  of  land,  and  you  should  help  him  along  by  that  notion. 
What  does  he  want  of  a  vote?  He  would  not  know  how  to  use  it,  and  it  would  not 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  1 75 

bring  him  anything  to  eat  or  wear  if  he  had  a  dozen.  Give  him  land,  and  then  you  touch 
his  case  exactly.  He  can  get  none  now.  There  is  not  one  planter  in  a  thousand  who  would 
sell  him  any ;  but  if  you'd  carried  out  your  confiscation  policy  he  could  have  bought  it  like 
anybody  else. 

"  I  said  in  a  speech  on  last  Fourth  of  July  that  we  had  always  boasted  of  our  country  as 
the  land  of  the  free  and  the  home  of  the  oppressed,  while  in  fact  it  had  been  the  land  of  the 
oppressed  and  the  home  of  the  slave.  I  said,  too,  that  I  hoped  the  war  had  made  it  possible 
for  men  to  be  free  without  regard  to  color,  so  that  we  might  boast  more  truly  than  England 
that  our  flag  floats  over  no  slave.  I  spoke  very  cautiously,  but  what  little  I  said  was  enough 
to  kill  me  politically  in  this  county.  I  have  sometimes  thought  I  would  go  north  and  urge 
your  people  to  take  the  first  fruits  of  the  victory,  but  I  should  not  dare  to  come  back  here 
after  speaking  up  there.  I've  wanted  to  write  a  letter  to  some  leading  newspaper ;  but  if  I 
should  say  what  I  honestly  believe,  I  should  be  killed  if  it  ever  got  out  that  I  wrote  it.  There 
isn't  any  freedom  of  speech  here  or  anywhere  in  the  State,  unless  you  speak  just  as  the  seces 
sionists  please  to  let  you.  I  should  be  shot  before  to-morrow  morning  if  I  were  to  publicly 
say  what  I've  said  to  you.  Take  the  troops  away,  and  off  the  great  lines  of  travel  there 
would  be  a  reign  of  terror  in  a  month.  Your  test  oath  is  a  bad  thing.  It  sets  an  ugly  pre 
cedent,  and  it  will  keep  our  best  men  out  of  Congress.  I  wish  you  could  have  reached  your 
ends  in  some  other  way.  But  you've  got  it,  and  you'll  have  to  enforce  it.  It  will  punish 
many  who  are  not  guilty,  but  it  will  accomplish  final  results  which  I  want  brought  about  as 
much  as  you  do. 

"The  negro's  first  want  is  not  the  ballot,  but  a  chance  to  live  ;  yes,  sir,  a  chance  to  lire. 
You  say  the  government  has  given  him  freedom,  and  that  many  good  men  in  the  north  be 
lieve  he  must  have  the  ballot  to  secure  that  freedom.  I.  tell  you  he's  not  got  his  freedom  yet, 
,  and  isn't  likely  to  get  it  right  away.  Why,  he  can't  even  live  without  the  consent  of  the 
white  man .'  He  has  no  land  ;  he  can  make  no  crops  except  the  white  man  gives  him  a  chance. 
He  hasn't  any  timber:  he  can't  get  a  stick  of  wood  without  leave  from  a  white  man.  We 
crowd  him  into  the  fewest  possible  employments,  and  then  he  can  scarcely  get  work  any 
where  but  in  the  rice-fields  and  cotton  plantations  of  a  white  man,  who  has  owned  him  and 
given  up  slavery  only  at  the  point  of  the  loayonet.  Even  in  this  city  he  can't  get  a  pail  of 
water  from  a  well  without  asking  a  white  man  for  the  privilege.  He  can  hardly  breathe,  and 
he  certainly  can't  live  in  a  house,  unless  a  white  man  gives  his  consent.  What  sort  of  free 
dom  is  that? 

"  He  has  freedom  in  name,  but  not  in  fact.  In  many  respects  he  is  worse  off  than  he  was 
before  you  made  him  free,  for  then  the  property  interest  of  his  master  protected  him,  and  now 
his  master's  hand  as  well  as  the  hand  of  everybody  else  is  against  him.  True,  he  has  the 
military  here  for  his  protection  ;  but  there  are  a  thousand  things  done  here  every  day  under 
the  colonel's  very  nose  that  he  don't  know  anything  about,  and  that  he  can't  know  anything 
about — things  he  couldn't  remedy  if  he  did  know  about  'em.  Then,  besides,  there  are  hun 
dreds  of  wrongs  of  which  he  knows,  that  he  can't  reach  and  can't  make  right.  'Tisn't  such 
whippings  as  he  told  you  about  that  most  wrong  the  negro;  it's  the  small,  endless,  mean, 
little  injustice  of  every  day  that's  going  to  kill  him  off.  He's  only  partially  protected  now  ; 
take  the  troops  away,  and  his  chance  wouldn't  be  as  good  as  a  piece  of  light-wood  in  a  house 
on  fire. 

"  Yes,  I  know  there's  talk  of  selling  them  into  slavery  again,  but  I  don't  see  how  you  got 
hold  of  it.  I  know  a  good  many  of  these  men  they've  sent  to  the  legislature ;  and  I  know 
there'll  be  private  talk  this  session,  even  if  there  isn't  open  effort,  to  make  the  penal  code 
take  him  back  into  the  condition  of  slavery.  It'll  be  called  'involuntary  servitude  for  the 
punishment  of  crime,'  but  it  won't  differ  much  from  slavery.  Why,  I  know  men  right  here 
in  this  very  town  whoH>elieve  in  making  the  breaking  of  a  contract  a  crime  for  which  the 
nigger  may  be  sold.  They  can  do  it.  They  can  establish  any  system  of  crimes  and  punish 
ments  they  please.  I  don't  say  they  will  do  that,  but  I  know  many  men  who  would  vote  for 
doing  it.  You  northern  men  can't  see  much  of  the  real  feeling  here.  Get  the  troops  away 
and  the  State  into  Congress,  and  I  give  you  my  solemn  word  that  I  believe  three-fourths  of 
the  counties  in  the  State  would  vote  for  such  a  penal  code  as  would  practically  reduce  half 
the  negroes  to  slavery  in  less  than  a  year." 

I  did  not  meet  many  men  in  the  State  more  competent  than  this  ex-captain  to  speak  upon 
the  condition  of  the  people.  It  seemed  to  me  then,  and  seems  to  me  still,  that  his  remarks 
are  a  powerful  argument  out  of  the  mouth  of  a  southern  advocate  of  the  opposite  policy,  that 
the  ballot  in  the  hand  of  every  man,  white  and  black,  is  the  only  thing  that  will  secure  the 
rights  of  the  humbler  classes  of  all  colors  in  the  south.  It  will  give  them  the  power  and  elo 
quence  of  numbers.  It  will  give  them  what  party  leaders  will  covet,  and  what  the  bitterest 
slave  oligarchist  in  the  whole  list  will  not  be  above  stooping  to  secure.  To  be  sure,  some 
should  be  owners  of  land ;  but  the  citizen,  with  the  ballot  in  his  hand,  is  a  king  in  his  own 
right,  to  whom  all  things  are  possible.  There  was  one  thing  which  impressed  me  a  great 
deal  in  all  parts  of  the  State — the  pertinacity  with  which  the  doctrine  is  held  that  the  southern 
States  had  a  right  to  secede.  The  State-rights  doctrine  seemed  to  me  to  have  been  pushed  to  a 
further  conclusion  in  that  State  than  even  in  South  Carolina.  For  instance,  in  South  Caro 
liua,  I  heard  a  great  deal  about  the  sovereignty  of  a  State.  In  Georgia,  it  was  all  about  the 
supremacy  of  a  State.  It  was  repeated  to  me,  time  and  time  again,  that  the  State  was  supreme ; 


176  RECONSTRUCTION. 

and  not  to  have  "gone  with  the  State,''  as  the  phrase  was,  during  the  war,  seemed  to  be  the 
worst  sin  almost  a  man  could  commit  there,  and,  so  far  as  I  could  judge,  the  result  of  the 
war  had  not  changed  the  opinion  of  the  people  in  respect  to  the  supremacy  of  the  State. 
Whether  a  man  did  or  did  not  side  with  the  State  during  the  struggle,  was  made  the  test  of 
Ills  qualification  for  office ;  and  I  believe  that  every  man  who  opposed  the  war  during  its 
progress  was  defeated  in  running  for  office  last  fall,  except  possibly  in  a  few  of  the  extreme 
northern  counties. 


WASHINGTON,  April  27,  1866. 
Charles  G.  Baylor  sworn  and  examined. 
By  Mr.  BOUTWELL  : 

Question.  How  long  have  you  resided  in  the  State  of  Georgia  ? 

Answer.  I  have  been  identified  with  the  interests  of  that  State  officially  and  privately  since 
1857.  I  resided  in  the  State  at  the  time  the  war  broke  out,  and  was  there  until  about  eigh 
teen  months  before  it  closed.  I  held  the  position  of  commercial  commissioner  of  the  State. 

Question.  Were  you  officially  connected  with  the  United  States  government  before  the  war  ? 

Answer.  I  was  in  the  consular  service  of  the  government. 

Question.  At  what  places,  and  for  how  long  a  time  ? 

Answer.  I  was  at  Amsterdam,  Holland  ;  at  Manchester,  England.  I  had  just  been  nomi 
nated  for  Cologne,  Prussia  ;  I  never  went  there. 

Question.  How  much  time  have  you  spent  in  Georgia  since  Lee's  surrender  ? 

Answer.  I  have  not  been  there  at  all. 

Question.  Have  you  been  in  any  of  the  rebel  States  since  Lee's  surrender? 

Answer.  Yes,  sir ;  I  have  been  in  Virginia. 

Question.  What  means,  if  any,  have  you  had  for  ascertaining  the  condition  of  public  sen 
timent  in  the  south  1 

Answer.  Through  personal  contact  in  the  cities  of  New  York  and  Washington  with  prom 
inent  men  from  the  south,  and  by  correspondence  and  information  I  have  obtained  through 
friends  who  have  gone  down  there  from  the  north. 

Question.  What  view  do  you  entertain  as  to  the  course  to  be  pursued  for  the  re-establish 
ment  of  society  in  the  south  in  reference  to  this  government  and  to  industry  ? 

Answer.  I  think  the  only  hope  of  establishing  social  order  and  political  stability  and  har 
mony  in  the  south,  is  in  the  poorer  class  of  white  citizens  and  in  the  freedmen.  I  think  the 
extension  of  the  franchise  to  the  freedmen,  either  upon  an  educational  test  or  with  property 

Sualification  added,  would  create  for  southern  society  a  large  and  influential  population  on 
ie  side  of  law  and  social  order  and  industry ;  and  if  the  question  was  euthvly  five  from  all 
political  necessity,  and  the  liberal  men  of  the  south  were  disposed  to  meet  in  any  liberal 
spirit  and  harmonize  their  action  with  the  principles  of  the  government,  it  would  be  a  most 
judicious  step  to  initiate  that  great  reform.  But  it  is  very  evident  to  my  mind  that  the  course 
of  these  disunion  leaders  will  force  that  question  out  of  its  legitimate  channel,  just  as  they 
have  previously  forced  other  questions  of  reform  and  progress  out  of  their  legitimate  channel, 
and  the  adoption  of  universal  suffrage  may  become  an  absolute  necessity  in  order  to  create  a 
loyal  element  of  political  power,  and  in  order  to  counteract  the  vicious  influence  of  then 
leaders.  I  know  a  great  many  men  in  the  south,  and  I  have  heard  several  from  a  district 
not  particularly  favorable  to  the  question  of  franchise  at  all,  in  speaking  of  this  question, 
admit  that  it  would  liavo  to  be  adopted  as  a  political  necessity. 

Question.  What  policy  in  reference  to  the  freedmeu  is  likely  to  result  in  best  promoting 
their  progress,  and  in  yielding  the  largest  amount  of  the  products  of  the  soil  ? 
•  Answer.  The  cultivation  of  cotton  at  the  south  before  the  emancipation  of  the  slaves  was 
capitalized.  A  large  amount  of  capital  was  committed  irretrievably  to  the  growth  of  cotton 
and "nothing  else.  The  progress  of  mechanical  improvement  in  Europe  and  America  capi 
talizes  the  consumption  of  cotton.  Cotton,  instead  of  being  consumed  mostly  by  the  hand- 
loom  as  formerly,  came  to  be  consumed  by  machinery,  and  large  amounts  of  money  had  to 
he  invested  in  special  machinery  for  that  special  industry,  and  this  capital  was  equally  com 
mitted  to  the  consumption  of  cotton.  To  illustrate:  the  planter  owning  five  hundred  slaves 
would  have  a  very  large  fortune  invested  in  the  cultivation  of  cotton.  The  manufacturer  of 
New  England  also  had  a  very  l*»rge  fortune  invested  in  the  consumption  of  cotton.  Now,  if 
the  price  of  cotton  should  fall  below  the  point  where  it  could  be  profitably  produced,  the 
manufacturer  of  New  England  and  Europe  would  still  find  it  for  their  interest  to  continue 
the  manufacture,  even  at  a  loss,  rather  than  to  suspend  operations,  because  that  would  give 
stability  to  the  consumption;  and  the  planter  owning  the  slaves  would  also  continue  to  pro 
duce;  and  these  two  elements  at  both  ends  would  enable  the  middle  men  to  come  to  the 
financial  relief  of  one  or  the  other,  as  might  be  necessary.  So  that  if  the  planter  made  a 
crop  at  a  price  so  low  that  it  would  not  pay,  his  factor,  by  the  aid  of  banks,  would  cany  him 
through,  or  could  carry  through  the  manufacturer,  if  necessary.  That  condition  of  things 
gave  a  steadily  increasing  production  of  cotton,  and,  it  gave  that  stability  and  security  to 


ARKANSAS — GEORGIA — MISSISSIPPI— ALABAMA.  177 

the  manufacturing  interests  which  justified  the  investment  of  capital  in  the  improvement  of 
machinery,  and  the  enlargement  of  its  operations.  Now  that  capital  basis  at  the  south  is,  oi^ 
course,  destroyed  through  the  abolition  of  slavery.  The  basis  represented  by  the  value  oi 
the  ne«TOes  ln'id  as  chattel  property  devoted  to  this  interest  has  gone,  and  for  the  future  the 
lands  themselves  will  have  to  become  the  basis  upon 'which  money  can  be  loaned  in  safety 
in  the  event  of  the  reduction  of  the  price  of  cotton  to  a  point  below  that  which  would  justify 
its  production.  The  consequence  will  be,  that  the  attempt  to  carry  on  cotton  cultivation  in 
the  south  by  vast  estates,  worked  by  large  gang's  of  laborers,  will  be  liable  to  all  the  fluctua 
tions  and  shiftings  of  the  market ;  and  if  the  price  of  middling  cotton  at  New  York,  Boston, 
and  Liverpool,  at  the  beginning  of  the  season,  is  such  as  to  discourage  the  planter  and 
to  induce  him  to  believe  that  he  cannot  afford  to  pay  the  established  rate  of  wages  to  grow  it, 
the  consequence  will  be  that  the  production  will  thereby  bo  diminished,  or  be  discontinued 
altogether.  In  other  words,  we  shall  have  repeated  in  America  what  they  have  had  in  India, 
where  they  have  attempted  to  grow  cotton  on  large  estates  by  the  employment  of  large 
numbers  of  laborers.  With  the  cotton  lands  of  the  south  subdivided  and  made  the  property 
of  the  man  who  cultivates  the  soil  directly  himself,  he  himself  becomes  the  guarantee  of 
capital  with  the  lands  as  collateral,  the  r-ecurity  is  increased,  and  a  stimulus  is  created  for 
individual  production.  If  the  freedman  will  work  for  wages,  he  will  certainly  work  for  land 
and  wages  combined.  If  he  is  intelligent  enough  to  support  himself  while  working  for 
wages  to  make  crops  to  enrich  other  people,  he  certainly  is  intelligent  enough  to  work  his 
own  land  and  cotton.  For  these  reasons  I  have  long  entertained  the  opinion,  and  I  have 
submitted  it  to  a  large  number  of  cotton-growers  at  the  south— plain  men,  who  understand 
what  they  are  about — and  it  has  been  universally  admitted  by  them  that  the  only  practicable 
or  proper  way,  under  existing  circumstances,  to  produce  cotton  is  to  subdivide  the  soil,  and 
put  the  freedman  upon  his  own  land.  Let  the  southern  man  divide  and  sell  his  land,  and 
let  northern  men,  or  the  government,  through  some  fiscal  agent,  furnish  the  financial  aid 
required,  and  let  the  colored  man  apply  his  tropical  labor  to  that  laud.  In  that  way  you 
will  get  every  inch  of  soil  cultivated  that  can  produce  cotton. 
Question.  "Have  the  freedmen  generally  any  desire  to  own  land  ? 
Answer.  They  have  tiniversally. 

Question.  What  is  the  disposition  of  the  present  land-owners  in  regard  to  selling  to  them  ? 
Answer.  That  question  hinges  on  another  consideration.  The  course  of  the  south  hereto 
fore,  in  all  her  enterprises,  in  all  the  steps  she  has  taken  forward,  educationally,  socially, 
agriculturally,  commercially,  and  mechanically,  has  been  impeded  by  the  infusion  of  politi 
cal  prejudices  and  political  remedies  into  everything  connected  with  the  south.  If  you  ask 
a  plain  farmer  what  is  the  curse  of  Virginia,  he  will  tell  you  "  politics."  Now,  in  reference 
to  the  question  of  the  subdivision  of  the  soil  and  the  sale  by  the  planters  of  their  lands,  if 
that  question  becomes  involved  at  all  in  the  political  struggle  that  is  impending,  or  in  the 
settlement  of  political  issues  and  principles,  they  will  carry  their  political  prejudices  into 
their  private  transactions  in  life  even  to  their  own  detriment.  They  have  always  done  it, 
and  always  will  do  it.  The  disposition  of  the  laud-owners  now  is  to  sell  their  lands,  and 
the  purchasers  will,  of  course,  do  what  they  please  with  it.  Northern  capitalists  may  go 
there  and  buy  lands ;  there  is  no  doubt  of  that.  Anybody  will  be  glad  to  sell  .lands  at  a 
certain  price ;  but  if  the  first  transactions  of  that  character  were  to  be  followed  by  this  prin 
ciple  of  subdivision,  and  these  leading  men,  who  have  in  some  way  or  other  obtained  a 
mysterious  control  over  the  whole  southern  people,  who  have  always  had  it,  and  have  it  now, 
should  oppose  it  as  a  political  measure,  it  might  create  such  a  political  element  as  would  ar 
rest  it ;  but  that  again  would  depend  entirely  upon  the  political  character  of  the  government 
at  Washington.  The  disposition  of  die  landholders  no'vy  in  the  south  to  sell  their  lands  at 
any  price  they  think  they  are  worth  is  very  general. 

Question.  What  is  your  opinion  of  the  capacity  of  the  negro  to  manage  lauds  in  reference 
to  the  cultivation  of  cotton  ?  . 

Answer.  There  is  not  a  plantation  in  the  south  of  any  size  that  did  not  have  one,  two, 
three,  or  four  colored  managers.  During  the  war  I  bought  a  boy,  a  field  hand,  who  came 
up  from  the  coast  of  Georgia,  very  black  and  very  ignorant.  I  had  him  for  my  gardener. 
After  a  while,  when  I  was  away,  I  intrusted  him  with  all  my  matters  at  home.  When  I  left 
with  my  family  he  came  with  me  as  far  as  Wilmington.  I  found  that  he  knew  a  great  deal 
more  than  I  had  supposed  he  did,  up  to  that  time,  about  the  political  issues  of  the  war  then 
going  on  around  him.  In  the  course  of  six  or  eight  months  he  came  to  be  a  very  intelligent 
memher.of  my  family.  I  had  great  confidence  in  him,  and  placed  great  reliance  on  him  — 
trusted  in  him  a  great  deal.  And  that  is  the  experience  of  the  people  of  the  south  who  have 
had  anything  to  do  with  oiir  servants  They  are  very  capable,  not  only  of  managing  for 
themselves,  but  of  managing  for  their  masters,  and  I  have  known  numerous  instances  where 
they  have  supported  their  masters.  I  know  one  colored  man  in  Georgia  who  bought  him 
self  during  the  war,  paid  a  very  large  price  for  himself,  and  was  of  great  assistance  to  his 
master.  Tin*-  African  race  in  the  south  are,  in  fact,  what  the  extreme  advocates  of  slavery 
claimed  for  them  in  defence  of  the  system — a  thoroughly  civilized  people.  They  have  all  the 
habits  of  industry,  and  all  the  tastes  of  civilized  society.  And  they  have  been  trained  to 
that  kind  of  industry  suited  to  the  very  country  in  which  they  live.  Leave  the  negro  ill 
Georgia,  give  him  land,  give  him  an  opportunity,  and  he  will  take  care  of  himself  and  hi:? 

12  A  (i  M  A 


178  RECONSTRUCTION. 

family,  will  become  a  tax-payer,  and  will  rise  in  the  world.  I  say  this  as  I  said  to  Mr.  Me- 
Culloch  in  an  interview  I  had  with  him,  at  the  suggestion  of  prominent  men  in  New  York.  I 
think  Mr.  McCulloch  could  accomplish  a  return  to  specie  payment  in  a  very  short  period, 
by  the  adoption  on  his  part,  or  by  authority  of  Congress,  of  some  financial  measure  that 
would  develop  the  industry  of  the  freedmen  in  the  south  to  its  fullest  extent.  With  a  special 
issue  of  a  hundred  and  twenty-five  or  a  hundred  and  fifty  million  dollars  distributed  through 
the  south,  through  the  instrumentality  of  the  national  banks  by  means  of  discounts,  secured 
on  the  land  itself,  which  even  now,  in  its  depreciated  value,  would  furnish  a  security  of  seven 
or  eight  hundred  millions,  and  subdivided  and  cultivated,  would  rise  rapidly  in  price,  I  be 
lieve  that,  in  two  years,  six  million  bags  of  cotton  could  be  produced  in  the  south.  A  prop 
osition  of  that  kind  was,  to  my  personal  knowledge,  made  to  eminent  French  bankers  and 
to  the  French  government.  The  scheme  was  drawn  up  and  sent  to  Paris.  It  included  a  sub 
division  of  the  soil,  and  giving  the  lands  as  security ;  and  the  persons  who  owned  the  laud 
were  willing  to  borrow  the  money,  and  proposed  to  pay  ten  per  cent,  interest  and  give  an 
interest  of  a  quarter  of  the  crop  bonus,  in  addition,  agreeing  to  continue  the  arrangement  for 
seven  years.  The  proposition  was  accepted  when  first  presented,  but  afterwards  declined 
for  political  or  diplomatical  reasons.  You  have  at  hand  all  the  organizations  necessary  to 
carry  out  such  a  system.  'You  have  a  fiscal  system  by  which  your  discounts  could  be  ap 
plied  through  the  national  banks.  You  have  the  tropical  industry,  which  alone  is  available 
for  the  cultivation  of  cotton,  which  is  a  tropical  crop,  and  by  subdividing  the  soil  into  small 
farms,  placing  upon  them  intelligent  freedmen,  and  giving  them  the  aid  necessary,  in  connexion 
with  the  Freedmen's  Bureau,  you  will  have  a  system  under  which  cotton  will  be  produced 
in  the  south,  under  which  the  lands  in  the  south,  now  worth  $10  or  $15  an  acre,  will  rapidly 
increase  to  $50  or  $75.  The  freedman  can  better  afford  to  grow  cotton,  and  nothing  but 
cotton,  except  his  garden  truck,  at  thirty  cents  a  pound,  and  buy  his  provisions  from  the 
northwest,  than  to  raise  them  himself.  He  can  better  afford  to  do  it  at  twenty  cents  a  pound. 
That,  in  my  deliberate  conviction,  could  be  made  a  practical  solution  of  this  whole  difficulty, 
and  I  have  had  some  experience  in  this  thing.  The  opinions  I  give  you  are  not  simply  my 
own ;  they  are  those  I  have  received  by  interchange  of  views,  in  Europe  and  the  south,  with 
the  best  minds  of  both  countries,  on  this  subject.  Time  will  show  that  the  cultivation  of 
cotton  at  the  south,  upon  the  principle  of  vast  estates  and  large  gangs  of  hired  laborers,  will 
fail.  It  will  bring  poverty  to  the  country,  disease  and  extermination  to  the  African  race, 
and  increase  the  distress  of  the  white  people  themselves — it  will  fail. 

Question.  Are  the  negroes  generally  loyal  to  this  government? 

Answer.  Yes ;  universally. 

Question.  Have  they  intelligence  enough,  if  they  were  able  to  vote,  so  that  in  the  main 
they  would  act  for  the  preservation  of  the  government,  and  against  any  secession  movement 
that  might  arise? 

Answer.  The  colored  people  of  the  south  are  much  more  intelligent  than  people  there  sup- 

Eose.  Of  course,  under  slavery,  they  were  in  the  habit  of  concealing  their  thoughts  ;  they 
ad  to  do  it.  Concealment,  under  slavery,  has  become  a  part  of  the  negro's  character  ;  but 
when  you  break  through  that,  can  get  into  his  confidence  and  draw  him  out — at  least  that  has 
been  my  experience — you  will  be  astounded  at  his  intelligence.  I  have  mentioned  these 
things  at  the  south,  and  the  reply  has  been,  "These  are  exceptions."  But  I  have  not  yet,  in 
any  conversation  I  have  had  with  them,  found  any  one  who  did  not  have  a  very  clear,  plain, 
straightforward  idea  upon  that  subject.  And,  so  far  as  the  question  of  qualification  goes,  I 
think  that  patriotism  is  as  much  a  qualification  of  franchise  as  education.  The  history  of 
the  world  proves  that  all  popular  governments  have  mainly  depended  for  their  support  upon 
what  the  educated  or  intelligent  people,  as  they  are  termed,  called  the  ignorant  class ;  and 
all  attempts  to  overturn  popular  government  have  nearly  always  proceeded  from  the  intelli 
gent,  educated  class.  The  south  is  no  exception  to  that  rule.  The  poor  people  of  the  south 
are  universally  in  favor  of  the  Union.  They  were  dragged  into  this  thing.  The  authorities 
at  Richmond  soon  found  they  could  not  deceive  them,  and  then  conscripted  them.  They  first 
dragged  them  into  the  movement  by  fraud,  and  then  held  them  by  force. 

Question.  If  the  elective  franchise  were  extended  to  the  negro,  and  the  entire  influence  of 
the  government  of  Congress  and  the  Executive  were  placed  on  the  side  of  that  policy,  how 
would  it  be  received  by  the  poorer  white  class  of  the  south  ? 

Answer.  That  is  a  very  important  question.  It  is  the  only  question  that  has  ever  troubled 
my  mind  at  all  when  I  have  reflected  on  the  solution  of  this  difficulty.  If  that  policy  had 
.been  adopted  immediately  after  the  war,  the  poor  white  class  would  have  approved  of  it; 
that  is,  if  the  government,  immediately  after  the  war,  had  reorganized  southern  society  upon 
the  principle,  not  of  vengeance,  but  upon  the  principle  that  every  man  who  took  an  intelligent 
and  leading  part  in  the  maintenance  of  the  Davis  military  despotism  at  Richmond  should  bo 
made  to  carry  the  odium  of  that  thing  with  him  in  society,  in  the  presence  of  his  neighbors,  and 
that  every  man  in  the  south  who  had  enriched  himself  during  the  war  by  confederate  contracts 
and  speculation  out  of  the  people  should  be  made  to  disgorge  his  ill-gotten  gains — if  the  poor 
whites  could  have  seen,  by  some  policy  which  was  manifest  in  its  effects  before  their  eyes, 
who  constituted,  in  the  eye  of  this  government  and  in  the  opinion  of  mankind,  the  authors 
of  their  misery  and  trouble,  then  the  further  measures  of  this  government  upon  the  question 
of  the  franchise  of  the  freedmen  would  have  been  cheerfully  accepted  and  approved.  But 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  179 

the  poor  whites  of  the  south  have  only  this  knowledge :  that  before  the  war  this  class  ruled 
them  br  political  organization,  and  that  when,  in  1850  and  1851,  in  a  few  counties, 
they  undertook  to  assert  their  rights,  they  were  put  down  by  this  political  class,  aided  by 
the  administration  at  Washington,  under  President  Pierce.  And  when  the  war  came  on, 
theso  controllers,  bad  men,  got  possession  entirely  of  their  property  and  their  lives,  con 
scripted  them,  drove  them  into  the  ranks,  and  treated  them  as  if  they  were  mere  slaves. 
Then,  the  moment  the  war  was  over,  they  saw  these  same  men  the  representatives  of  the 
social  consequence,  property,  and  wealth  of  the  country — the  wealth  of  many  of  them  accu 
mulated  by  taxes  levied  on  these  poor  whites  themselves.  When  they  saw  these  men  con 
tinued  as  leaders,  and  recognized  as  such  by  the  government  of  the  United  States,  they  nat 
urally  came  to  the  conclusion  that  these  men  are  not  wrong,  and  have  not  been  wrong;  that 
they  have  done  something  magnificent — something  that  is  glorious.  The  consequence  is, 
that  when  these  poor  whites  come  up  to  pay  their  taxes  to  the  revenue  officer  of  the  govern 
ment  they  come  with  the  spirit  of  the  Anglo-Saxon  man,  which  is  always  against  paying 
taxes  anyhow,  and  particularly  so  when  they  are  heavy,  and  for  the  support  of  the  govern 
ment  which  they  think  is  the  cause  of  their  misfortunes.  When  they  ask  themselves  the 
cause,  they  say  to  themselves:  "It  is  not  the  disunionists ;  they  are  not  to  blame  for  it." 
The  disuniouists  are  the  patriots,  they  give  tone  to  society  ;  and  they  tell  them  it  is  the  United 
States  government  that  is  to  blame.  Under  these  teachings  the  discontent  of  these  poor  white 
people  is  increasing,  and  they  are  every  day  ranging  themselves  more  and  more  on  the  side 
of  the  disunion  leaders,  so  that  when  this  question  of  franchise  comes  up  for  the  freedmen, 
and  you  put  the  question  how  the  poor  whites  of  the  south  would  receive  that  measure,  you 
discover  that  it  would  have  been  a  very  different  thing  if  the  same  measure  had  been  pro 
posed  earlier,  or  under  different  circumstances.  You  cannot  expect  these  people,  who  have 
borne  as  they  have  the  weight  of  taxation  for  the  support  of  the  Davis  rule,  and  who  are 
now  suffering,  as  they  are  to-day,  the  most  abject  poverty  the  world  has  ever  seen,  to  view 
this  question  with  the  same  enlightened  reason  that  otherwise  you  might  look  for.  They 
have  no  source  of  information.  They  have  been  so  blinded  and  deceived  by  the  falsehood 
and  sophistry  of  their  political  leaders  that  to-day  they  do  not  understand  the  question.  These 
people  of  Georgia  believe  to-day  that  the  United  States  government  waged  an  unnecessary, 
unprovoked,  and  cruel  war  upon  them.  They  were  told  so  before  the  war  commenced,  told 
so  during  the  war,  and  told  so  now  the  war  is  over,  by  the  men  who  deceived  them,  and  who 
now  undertake  to  represent  the  intelligence  of  the  State.  Governor  Hamilton,  of  Texas,  is 
trying  to  counteract  that  influence.  He  is  trying  to  create  a  party,  based  upon  the  policy  of 
making  the  people  of  the  State  understand  that  the  disunion  leaders  are  the  real  butchers  of 
their  families  and  plunderers  of  their  property.  That  is  the  only  State  in  the  south  where 
that  policy  is  being  pursued.  Therefore,  the  question  you  asked  me,  how  the  poor  whites 
would  receive  that  measure,  is  a  question  very  easily  answered,  but  the  answer  involves  the 
adoption  of  an  accompanying  policy  which,  perhaps,  it  is  impossible  to  dream  of  now.  I 
may  say,  that  any  measure  emanating  from  Washington  city,  with  the  sanction  of  the  gov 
ernment,  presented  to  the  people  of  the  south,  would  be  accepted  and  acted  upon.  The  great 
mass  of  the  people  down  there,  especially  of  the  poorer  class,  are  well-meaning.  They  are 
sick  and  tired  of  agitation,  and  sick  of  politics,  but  they  have  no  more  control  over  the  po 
litical  movements  and  condition  of  the  south  than  they  had  before  the  war,  so  that,  practi 
cally,  the  good  disposition  of  this  people,  as  well  as  the  good  disposition  of  the  freedmen, 
amounts  to  nothing  at  all. 


APPENDIX 

Extract  from  the  message  of  the  provisional  governor  of  Arkansas,  delivered  in  April,  1864. 

Gentlemen  of  the  senate  and  of  the  house  of  representatives  : 

On  the  sixth  of  May,  1861,  a  convention  of  the  people  of  Arkansas  met  in  this  hall.  A 
majority  of  that  convention  had  most  solemnly  pledged  themselves  to  the  people  that  elected 
them  to  resist  to  the  last  extremity  secession  and  rebellion.  Yet,  instigated  by  a  strange 
insanity,  they  basely  betrayed  those  who  had  trusted  them,  and  passed  an  ordinance  of  seces- 


death.  Since  then  the  sufferings  of  those  whom  fear  could  not  beguile  into  active  participa 
tion  in  the  rebellion  have  been  terrible,  of  which  it  is  not  necessary  now  to  speak — they  are 
engraved  on  the  memory  of  all. 

The  arrival  of  the  federal  army  under  General  Steele  at  the  capital  of  the  State,  and  the 
army  of  General  Blunt  at  Fort  Smith,  gave  an  opportunity  to  honest  men  to  speak  and  act 
with  some  degree  of  freedom.  The  opportunity  was  improved  promptly.  The  people  of  the 
northwestern  counties  called  public  meetings,  passed  resolutions  expressive  of  their  desire  to 


180  RECONSTRUCTION. 

return  to  tlic  Union  and  to  the  protection  of  its  government,  and  to  reorganize  the  State  gov 
ernment  based  on  principles  of  freedom  to  all  races.  This  movement  had  ju<t  commenced 
when  it  was  stimulated  and  sustained  by  tin;  1 'resident's  proclamation  of  amnesty  of  Decem 
ber  8,  1863.  Elections  were  held  and  delegates  to  a  convention  were  elected  to  assemble  at 
Little  Rock  3u  January,  1801.  The  delegates  met  ;it  the  capital  and  organized  on  the  llth 
of  January,  1864,  a  number  of  them  being  prevented  from  at  tending  by  the  disturbed  state  of 
the  country.  They  were  earnest  men  and  firm  patriots — ready  to  die  for  their  country  if  need 
be,  and  presented  an  aspect  of  moral  sublimity  rarely  seen.  The  people  for  nearly  three 
years  had  endured  the  most  crushing  tyranny;  deprived  of  arms — wilh  no  means  of  resist 
ance — the  least  suspicion  that  any  one  favored  the  Union  or  opposed  the  rebellion  was  suffi 
cient  to  justify  murder  and  assassination  in  the  opinion  of  the  tyrants  and  the  reckless  mobs 
that  ruled  the  country  during  that  terrible  period.  That  convention  adopted  a  constitution 
prohibiting  slavery  or  involuntary  servitude  except  for  crime,  in  other  respects  not  differing 
materially  with  the  former ;  established  a  provisional  government,  appointed  me  the  provi 
sional  governor  of  the  State,  and  submitted  the  constitution  to  the  people  for  ratification.  I 
assumed  no  power  and  felt  unwilling  to  perform  any  executive  act  until  the  constitution  and 
ordinances  were  ratified  by  the  people.  They  have  been  confirmed  by  the  almost  unanimous 
vote  of  the  loyal  voters  of  the  State,  and  1  now  feel  justified  in  assuming  to  act  in  that 
capacity  and  calling  your  attention  to  the  condition  of  the  State. 

Previous  to  the  act  of  rebellion  the  inhabitants  of  the  States  were  possessed  of  all  the  ele 
ments  of  happiness,  secure  in  all  their  possessions,  could  travel  to  any  place  in  any  way  in 
confidence  of  security.  That  such  has  not  been  their  condition  since,  all  know.  Under  the 
Constitution  of  the  United  States,  enforced  by  the;  fugitive  slave  laws,  slavery  was  as  well 
protected  as  it  was  possible  to  protect  it  by  legislation.  The  moral  sense  of  the  civilized 
world  was  against  it.  Slave-owners  felt  that,  and  conceived  the  insane  idea  that  by  force 
of  arms  they  could  overcome  that  sentiment  of  opposition  and  obtain/or  it  grace,  by  showing 
its  power.  If  the  designs  of  the  good  Ruler  of  the  world  and  the  destinies  of  war  can  be 
known  by  events,  this  rebellion  of  slave-owners  against  the  only  protection  slavery  bad, 
most  clearly  proves  that  He  had  determined  to  put  an  end  to  the  system.  Perhaps  this  rebel 
lion  against  their  own  government,  from  which  they  have  never  suffered  wrong,  and  against 
their  own  interests,  was  the  only  way  that  could  be  devised  to  speedily  destroy  the  peculiar 
institution  and  embitter  even  the  minds  of  its  adherents  against  it,  and  to  effect  this  git  at  end 
their  hearts  were  hardened  and  their  judgment  blinded.  Be  that  as  it  may,  the  institution  is 
dead,  and  the  people  have  buried  it  in  this  State,  by  tLe  adoption  of  the  constitution,  too 

deep  ever  to  be  resurrected. 

******  *** 

ISAAC  MURPIIY, 
Provisional  (governor  of  Arkansas. 


B. 

Letter  from  the  adjutant  general  of  Arkansas  in  relation  to  the  troops  of  that  State. 

WASHINGTON,  D.  C.,  January  28,  1835. 

SIR  :  I  respectfully  present  herewith,  for  your  consideration,  a  statement  of  the  number  of 
white  troops  raised  from  the  State  of  Arkansas  for  the  defence  and  maintenance  of  the  Union. 
It  is  approximate  only,  for,  coming  to  Washington  on  other  business,  I  did  not  contemplate 
making  such  a  communication  when  I  left  the  State. 

There  are  in  the  United  States  service  from  Arkansas  four  cavalry  and  two  infantry  regi 
ments,  and  one  six-gun  battery.  The  first  cavalry  numbers  1,000  effective  men,  and  all  these 
organizations,  it  is  believed,  have  held  their  own  as  well  as  regiments  generally. 

The  first  cavalry,  M.  La  Rue  Harrison  colonel  commanding,  was  organised  in  the  year 
1862,  under  a  special  order  fronl'jthe  War  Department,  the  first  enlistments  taking  place  as 
early  as  March. 

On  the  18th  of  April,  1863,  assisted  by  the  first  infantry,  then  not  fully  organized  and  only 
partially  armed,  it  successfully  defended  the  town  of  Fayetleville,  Arkansas,  against  an  at 
tacking  force  of  three  times  their  number,  aided  by  artillery.  This  regiment  is  now  stationed 
ut  l-'ayetteville,  and  on  the  28th  of  October  last  repelled  a  besieging  force  2,000  strong. 
Again,  on  the  3d  of  November,  the  town  was  attacked  by  General  Fagan,  with  his  entire 
division  and  some  irregular  troops,  exceeding  in  all  6,01)0  men.  A  successful  r.-sistance  was 
once  more  made  by  the  first  cavalry,  a  small  detachment  of  the  first  infantry  and  200  militia, 
who  behaved  with  steadiness  and  bravery. 

The  second  cavalry,  Colonel  .John  K.  Phelps  commanding,  organized  in  1863,  and  now  in 
General  Thomas's  command,  particularly  distinguished  itself  in  the  late  great  raid  into  Mis 
souri.  Constituting  a  portion  of  General  Sanborn's  force,  and  led  by  Colonel  Phelps,  i:  was 
frequently  in  the  advance,  and  participated  honorably  in  the  series  of  engagements  that  re 
sulted  in  the  discomfiture  of  Price's  army. 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  181 

The  third  cavalry,  organized  during  the  same  year  at  Little  Rock,  Colonel  A.  IT.  Ryan 
commanding,  is  now  on  duty  at  Lewisburg,  on  the  Arkansas  river,  and  has  already  accom 
plished  a  great  good  in  exterminating  or  driving  away  a  large  number  of  the  guerillas,  with 
whom  the  State  has  been  infested. 

The  organization  of  the  fourth  cavalry  has  just  been  perfected,  its  colonel,  Lafayette  Gregg, 
having  been  mustered  during  the  present  month.  This  regiment  had  the  minimum  number 
of  men  some  months  since,  but  as  fast  as  enlisted,  recruits  were  placed  on  active  duty,  and 
tin1  usual  casualties  of  the  service  prevented,  for  a  time,  the  completion  of  the  organization. 
The  regiment  is  now  on  duty  at  DcVall's  Bluff. 

The  iirst  infantry,  Colonel  J.  M.  Johnson  commanding,  was  raised  directly  after  the  battle 
of  Prairie  Grove.  It  participated,  as  already  observed,  in  the  first  defence  of  Fayetteville, 
and  in  the  spring  of  1864  moved  with  the  frontier  division  of  the  7th  army  corps  from  Fort 
Smith  to  Caniden.  co-operating  there  with  the  forces  from  Little  Rock',  and  bearing  an  honor 
able  part  in  the  successes  and  reverses  of  that  campaign.  It  likewise  was  the  first  regiment 
to  enter  Fort  Smith  in  September,  1863,  this  honor  being  generously  accorded  by  General 
Blunt,  then  in  command  of  the  forces  operating  on  the  frontier;  and  at  Prairie  D'Aune  it  and 
the  .-eeond  infantry  bore  the  brunt  of  a  fierce  artillery  attack. 

_The  second  infantry,  Colonel  M.  L.  Stephenson  commanding,  belongs  also  to  the  frontier 
division,  and  participated  in  the  campaign  referred  to.  At  Saline  river,  where  was  fought  one 
of  the  severest  infantry  engagements  of  the  war,  it  behaved  with  great  gallantry,  Colonel 
Stephenson  being  severely  wounded. 

The  first  battery,  Captain  Denton  D.  Stark  commanding,  was  organized  in  1863;  belongs 
to  the  same  division ;  took  part  in  the  campaign  mentioned,  and  at  Prairie  D'Aune,  where 
General  Steele's  entire  army  was  drawn  up  in  line  of  battle,-and  partially  engaged,  its  evolu 
tions  and  practice  were  especially  commendable.  This  battery  together  with  the  first  and 
second  infantry  have  since  been  stationed  at  and  in  the  vicinity  of  Fort  Smith. 

Other  regiments  have  been  partly  raised,  but  since  consolidated  with  older  organizations. 
The  militia  of  the  State  have  also  been  called  out  to  a  considerable  extent,  and  have  done  good 
service  especially  on  the  frontier. 

Finally,  hundreds  of  the  citizens  of  Arkansas  have  enlisted  in  Iowa-,  Kansas,  Illinois  and 
Missouri  regiments,  and  it  is  entirely  safe  to  say  that,  during  the  present  rebellion,  the  State 
has  furnished  10,000  white  troops  for  the  defence  of  the  Union,  and  but  for  the  issuance  of 
circular  No.  31  from  the  office  of  the  provost  marshal  general,  dated  August  31,  1864,  which 
practically  prevents  the  return  of  many  loyal  men  who  have  been  conscripted  into  the  rebel 
armies,  the  number  of  the  troops  of  the  State  would  be  much  larger  than  it  now  is. 
Very  respectfully,  your  obedient  servant, 

A.  W.  BISHOP, 
Adjutant  General  of  Arkansas. 

Hon.  S.  C.  POMEROY,  U.  S.  Senate. 


C. 
Proclamation  of  the  Governor  of  Arkansas. 

EXECUTIVE  OFFICE, 
Little  Rock,  Arkansas,  August  1,  1865. 
To  the  voters  of  the  State  of  Arkansas  : 

The  civil  government  of  yonr  State  is  fully  organized.  Peace  and  apparent  harmony  pre 
vail.  The  laws  can  be  faithfully  enforced  if  you  so  will  it.  On  you  rests  the  responsibility 
for  the  good  or  evil  that  may  ensue.  The  future  will  take  its  character  from  your  present  ac 
tion.  If  your  course  is  guided  by  calm  wisdom  and  patriotism,  peace  and  security  will  be 
assured  ;  if  by  the  impulse  of  passion  and  the  prejudices  of  the  past,  confusion  and  demoraliza 
tion  will  be  the  result. 

Your  condition  is  critical,  and  the  approaching  election  for  members  of  Congress  will  be  a 
test  ot  your  wisdom  and  self-control.  The  great  sorrows  and  sufferings  of  the  last  four  years 
have  crushed  the  public  energies  and  produced  a  reckless  and  irritable  state  of  mind,  which 
a  sudden  excitement  might  render  ungovernable.  You  must  guard  ao-ainst  this. 

Listen  to  no  one  who  is  disposed  to  irritate  old  sores.  Listen  only  to  tiiose  whose  words 
are  calculated  to  calm  the  temper  and  to  soothe  the  wounded  feelings. 

The  fate  of  the  State  is  in  your  hands.  Should  you  elect  men  who  by  the  laws  are  disquali 
fied  tnoy  will  be  rejected;  and,  inasmuch  as  the  qualifications  of  members  of  Congress  have 
been  materially  modified  by  an  act  of  Congress,  passed  during  the  rebellion,  I  have  deemed 
It  my  duty  to  place  it  before  you  that  you  may  be  enabled  in  your  selection  of  candidates  to 
act  intelligent.}',  with  a  lull  knowledge  of  the  facts.  The  requirements  of  the  following-act 
cannot  be  evaded : 

"  Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  Am  erica  in 
Congress  assembled,  That  hereafter  every  person  elected  or  appointed  to  any  office  of  honor 
or  profit  under  the  government  of  the  United  States,  either  in  the  civil,  military,  or  naval  de- 


182  RECONSTRUCTION. 

partmcnts  of  the  public  service,  excepting  Hie  President  of  the  United  States,  shall,  befor 
entering  on  the  duties  of  such  office,  and  before  being  entitled  to  any  of  the  salary  or  other 
emolument!  thereof,  take  and  subscribe  the  following  oath  or  affirmation  : 

"I  do  solemnly  swear  that  I  have  never  voluntarily  borne  arms  against  the  United  States 
since  I  have  been  a  citizen  thereof;  that  I  have  voluntarily  given  no  aid,  countenance,  or  en 
couragement  to  persons  engaged  in  armed  hostility  thereto ;  that  I  have  neither  sought,  nor 
accepted,  nor  attempted  to  exercise  the  functions  of  any  office  whatever,  under  any  authority 
or  pretended  authority  in  hostility  to  the  United  States;  that  I  have  not  yielded  a  voluntary 
support  to  any  pretended  government,  authority,  power,  or  constitution  within  the  United 
States  hostile  or  inimical  thereto ;  and  I  do  further  swear  that,  to  the  best  of  my  knowledge 
and  ability,  I  will  support  and  defend  the  Constitution  of  the  United  States  against  all  ene 
mies,  foreign  or  domestic ;  that  I  will  bear  true  faith  and  allegiance  to  the  same ;  that  I 
take  this  obligation  freely,  without  mental  reservation  or  purpose  of  evasion:  So  help  ine 
God. 

"And  any  person  who  shall  falsely  take  said  oath  shall  be  guilty  of  perjury,  and  on  con 
viction,  in  addition  to  the  other  penalties  now  prescribed  for  that  offence,  shall  be  deprived 
of  his  office  and  rendered  incapable  forever  after  of  holding  any  office  or  place  under  the  Uni 
ted  States. 

"  Approved  July  2,  1862." 

To  vote  for  any  person  as  a  candidate  for  Congress  who  cannot  honestly  and  truthfully 
take  the  above  oath  is  discreditable  to  the  voter  and  an  insult  to  the  majesty  of  law,  besides 
being  a  vote  thrown  away ;  and  should  such  disqualified  person  be  elected,  the  most  disa 
greeable  consequences  are  sure  to  follow,  both  to  him  and  to  the  State. 

In  so  important  a  matter  I  trust  the  people  will  be  wise  and  watchful,  as  an  imperative 
duty.  I  also  call  your  attention  to  the  qualifications  of  voters  in  this  State.  Each  voter, 
before  depositing  his  ballot,  in  addition  to  former  qualifications  must  take  the  following 
oath : 

"  I  do  solemnly  swear  that  I  will  support  the  Constitution  of  the  United  States,  and  of 
this  State,  and  that  I  have  not  voluntarily  borne  arms  against  the  United  States,  or  this 
State,  nor  aided,  directly  or  indirectly,  the  so-called  confederate  authorities,  since  the  18th 
day  of  April,  1864." 

The  above  oath  must  be  taken  by  every  voter,  or  his  vote  will  be  considered  worthless, 
and  he  will  subject  himself  to  indictment  for  perjury  for  a  violation  of  the  act. 

The  returns  of  the  election  of  officers  made  to  the  secretary  of  state  must  show  that  the 
oath  has  been  taken  as  prescribed.  I  trust  the  people  will  see  the  propriety  and  necessity  of 
yielding  a  cheerful  obedience  to  the  requirements  of  the  lawr,  until  repealed  or  declared  un 
constitutional  by  competent  judicial  authority.  It  is  the  law  of  the  land,  and  must  be 
enforced.  The  executive  is  bound  in  the  most  solemn  manner  to  enforce  the  laws,  and, 
with  the  help  of  God,  he  will  try  to  faithfully  perform  his  sworn  obligations. 

To  voters  I  would  say,  select  good  and  true  men  to  serve  you.  Do  not  be  governed  by 
those  who  seek  office  ;  they  generally  seek  their  own  profit,  not  yours  ;  and  be  sure  to 
choose  those  whose  disposition  and  capacity  are  to  build  up  and  restore.  Shun  all  tbose 
whose  inclinations  lead  them  to  pull  dowrn  and  destroy ;  we  have  had  enough  of  that.  Let 
all  the  laws  be  executed  faithfully. 

The  Good  God  seems  to  have  returned  to  us  in  kindness  and  mercy.  Let  us  humble  our 
selves  under  His  mighty  hand,  and  ask  of  Him  wisdom,  and  that  He  will  be  our  guide  and 
counsellor. 

ISAAC  MURPHY,   Governor. 


D. 

Message  of  the  Governor  of  Mississippi. 

EXECUTIVE  OFFICE,  JACKSON,  Miss., 

November  20,  1865. 

Gentlemen  of  the  Senate  and  house  of  representatives  : 

By  the  sudden  emancipation  of  over  three  hundred  thousand  slaves,  Mississippi  has  imposed 
upon  her  a  problem  of  vast  magnitude,  upon  the  proper  solution  of  which  depend  the  hopes 
and  future  prosperity  and  welfare  of  ourselves  and  of  our  children. 

Under  the  pressure  of  federal  bayonets,  urged  on  by  the  misdirected  sympathies  of  the  world 
in  behalf  of  the  enslaved  African,  the  people  of  Mississippi  have  abolished  the  institution  of 
slavery,  and  have  solemnly  declared  in  their  State  constitution  that  "  the  legislature  should 
provide  by  law  for  the  protection  and  security  of  person  and  property  of  the  freedmen  of  the 
State,  and  guard  them  and  the  State  against  any  evils  that  may  arise  from  the  sudden  eman 
cipation."  Hovr  this  important  provision  and  requirement  of  the  constitution  is  to  be  carried 


ARKANSAS — GEORGIA — MISSISSIPPI — ALABAMA.  183 

into  effect  is  the  question  presented  for  onr  solution.  We  must  now  meet  the  question  as  it 
is,  and  not  as  we  would  like  to  have  it.  The  rule  must  be  justice.  The  negro  is  free,  whether 
we  like  it  or  not ;  we  must  realize  that  fact  now  and  forever.  To  be  free,  however,  docs  not 
make  him  a  citizen,  or  entitle  him  to  social  or  political  equality  with  the  white  wan.  But  the 
constitution  and  justice  do  entitle  him  to  protection  and  security  in  his  person  and  property, 
both  real  and  personal. 

In  my  humble  judgment,  no  person,  bond  or  free,  under  any  form  of  government,  can  be 
assured  of  protection  or  security  in  either  person  or  property,  except  through  an  independent 
and  enlightened  judiciary.  The  courts,  then,  should  be  open  to  the  negro.  But  of  what 
avail  is  it  to  open  the  courts,  and  invite  the  negro  to  "sue  and  be  sued,"  if  he  is  not  permitted 
to  testify  himself,  and  introduce  such  testimony  as  he  or  his  attorney  may  deem  essential  to 
establish  the  truth  and  justice  of  his  case?  Whether  the  witness  be  white  or  black,  it  is  the 
denial  of  the  most  common  privilege  of  freedom,  an  unmeaning  delusion,  the  merest  mock 
ery. 

A  measure  of  domestic  policy,  whether  for  the  protection  of  the  person  or  the  property  of 
the  freedman,  or  for  the  protection  of  society,  the  negro  should  be  allowed  and  required  to 
testify  for  or  against  the  white  and  black  according  to  the  truth.  There  are  few  men  living 
in  the  south  who  have  not  known  many  white  criminals  to  go  "unwhipped  of  justice"  be 
cause  negro  testimony  was  not  permitted  in  the  courts.  And  now  that  the  negro  is  no  longer 
under  the  restraints  and  protection  of  his  master,  he  will  become  the  dupe  and  the  "cat's- 
paw"  of  the  vile  and  the  vicious  white  man  who  seeks  his  association,  and  will  plunder  our 
lands  with  entire  security  from  punishment,  unless  he  can  be  reached  through  negro  testi-- 
mony.  It  is  an  insult  to  the  intelligence  and  virtue  of  our  courts,  and  juries  of  white  men, 
to  say  or  suspect  that  they  can  not  or  will  not  protect  the  innocent,  whether  white  or  black, 
against  the  falsehood  and  perjury  of  black  witnesses. 

The  question  of  admitting  negro  testimony  for  the  protection  of  their  person  and  property 
sinks  into  insignificance  by  the  side  of  the  other  great  question  of  guarding  them  and  the 
State  against  the  evils  that  may  arise  from  their  sudden  emancipation.  What  are  the  evils 
that  have  already  arisen,  against  which  we  are  to  guard  the  negro  and  the  State  ?  The  an 
swer  is  patent  to  all — vagrancy  and  pauperism,  and  their  inevitable  concomitant,  crime  and 
misery,  hang  like  a  dark  pall  over  a  once  prosperous  and  happy,  but  now  desolated  land. 

To  the  guardian  care  of  the  Freedmen's  Bureau  has  been  intrusted  the  emancipated  slaves. 
The  civil  law  and  the  white  man  outside  of  the  bureau  have  been  deprived  of  all  jurisdiction 
over  them.  Look  around  you  and  see  the  result.  Idleness  and  vagrancy  have  been  the 
result.  Our  rich  and  productive  fields  have  been  deserted  for  the  filthy  garrets  and  sickly 
cellars  of  our  towns  and  cities.  From  producers  they  are  converted  into  consumers,  and,  as 
winter  approaches,  their  only  salvation  from  starvation  and  want  is  federal  rations,  plunder, 
and  pillage.  Four  years  of  cruel  war,  conducted  on  principles  of  vandalism  disgraceful  to 
the  civilization  of  the  age,  were  scarcely  more  blighting  and  destructive  to  the  homes  of  the  white 
man,  and  impoverishing  and  degrading  to  the  negro,  than  has  resulted  in  the  last  six  or  eight 
months  from  the  administration  of  this  black  incubus.  Many  of  the  officers  connected  with 
that  bureau  are  gentlemen  of  honor  and  integrity,  but  they  seem  incapable  of  protecting  the 
rights  and  property  of  the  white  man  against  the  villanies  of  the  vile  and  villanous  with  whom 
they  are  associated. 

How  long  this  hideous  curse,  permitted  of  Heaven,  is  to  be  allowed  to  rule  and  ruin  our  un 
happy  people,  I  regret  it  is  not  in  my  power  to  give  any  assurance,  further  than  can  be  gath 
ered  irom  the  public  and  private  declarations  of  President  Johnson,  that  "  the  troops  will  all 
be  withdrawn  from  Mississippi,  when,  in  the  opinion  of  the  government,  the  peace  and  order 
and  civil  authority  has  been  restored,  and  can  be  maintained  without  them."  In  this  uncer 
tainty  as  to  what  will  satisfy  the  government  of  our  loyalty  and  ability  to  maintain  order  and 
peace  and  civil  government ;  our  duty,  under  the  constitution,  to  guard  the  negro  and  the 
State  from  the  evils  arising  from  sudden  emancipation  must  not  be  neglected.  Our  duty  to 
the  State,  and  to  the  freedmen,  seems  to  me  to  be  clear,  and  I  respectfully  recommend — 1st. 
That  negro  testimony  should  be  admitted  in  our  courts,  not  only  for  the  protection  of  the 
person  and  property  of  the  freedmen,  but  for  the  protection  of  society  against  the  crimes  of 
both  races.  2d.  That  the  freedman  be  encouraged  at  once  to  engage*  in  some  pursuit  of  in 
dustry  for  the  support  of  his  family  and  the  education  of  his  children,  by  laws  assuring  him 
of  friendship  and  protection.  Tax  the  freedman  for  the  support  of  the  indigent  and  helpless 
freedmen,  and  then  with  an  iron  will  and  the  strong  hand  of  power  take  hold  of  the  idler  and 
the  vagrant  and  force  him  to  some  profitable  employment.  3d.  Pass  a  militia  law  that  will 
enable  the  militia  to  protect  our  people  against  the  insurrection,  or  any  possible  combination 
of  vicious  white  men  and  negroes. 

I  deem  the  passage  of  these  measures,  before  you  take  a  recess,  of  vital  importance.  By 
them  we  may  secure  the  withdrawal  of  the  federal  troops,  and  thus  again  inspire  our  people 
with  hope  and  confidence  in  the  future,  and  encourage  them  to  engage  again  in  agricultural 
pursuits,  upon  which  our  all  depends  If  we  fail  to  pass  them,  the  future5  is  all  uncertainty, 
gloom  and  despondency. 

BENJAMIN  G.  HUMPHREYS, 

Governor  of  Mississippi. 


184  RECONSTRUCTION. 

• 

E. 

Reports  of  Captain  Mathctcs,  sub-commissioner  offrccdmen. 

OFFICE  OF  SUB-COMMISSIONER  OF  FREEDMEN, 

Magnolia,  Mississippi,  November  I'}, 

MAJOR  :  I  have  the  honor  to  report  that  I  arrived  at  this  place  on  the  9th  instant,  and 
entered  upon  tin;  duties  connected  with  the  Frt-edmen's  Bureau.  The  condition  of  the  freed- 
nien  in  this  part  of  the  State  is  most  miserable  indeed.  All  the  malice  and  envy  that  human 
nature  could  be  heir  to  is  manifested  toward  the  freedmen  in  this  country.  The  old  system 
of  Hogging  is  an  every-day  occurrence,  while  shooting  is  practiced  with  impunity.  The 
negroes  of  this  section  have  remained  on  their  former  plantations  since  the  surrender;  hut 
when  the  crops  were  gathered  many  were  driven  away  by  threats  or  abuse,  arid  all  law 
that  protects  the  freedmau  arid  insures  compensation  to  the  laborer  has  been  withheld  from 
them.  They  arc,  absolutely  without  laic.  The  codes  of  Mississippi  direct  that  in  older  to 
prosecute  a  claim,  or  to  bring  suit  against  any  party,  the  plaintiff  must  give  security  for  the 
cost,  should  the  case  be  decided  against  him — a  condition  that,  perhaps,  out  of  the  entire^ 
population  of  the  blacks  in  the  State,  not  one  in  a  hundred  wculd  be  able  to  comply  with/ 
while  the  remaining  ninety  and  nine  are  left  to  the  caprice  of  the  capitalist.  Two  colored 
persons  were  murdered  by  white  men  at  or  near  this  place.  The  first  occurred  some  four 
and  the  second  about  two  weeks  since.  The  first  case  was  disposed  of  by  binding  the  mur 
derer  over  to  the  next  term  of  court,  while  the  second  was  dropped  on  a  verdict  of  a  coroner's 
jury,  "  that  the  deceased  came  to  her  death  by  a  pistol-shot  fired  by  some  unknown  person," 
that  person  having  committed  the  deed  in  the  presence  of  children,  whose  evidence  was  not 
taken  on  account  of  their  age. 

Since  my  arrival  more  than  fifty  well-authenticated  complaints  have* been  made  by  the 
freedmen,  the  great  proportion  of  which  were  of  flogging,  and  in  many  instances  these  com 
plaints  were  substantiated  by  marks  of  violence,  all  of  which  have  been  referred  to  the  civil 
authority ;  but,  with  one  single  exception,  no  action  has  been  taken  in  any  instance. 

The  people  (the  whites)  of  Mississippi  are  looking  anxiously  for  the  day  when" the  troops 
shall  be  withdrawn,  and  they  be  left  to  execute  their  own  laws ;  but  this  desire  certainly 
grows  out  of  no  disposition  to  deal  justly  with  the  negroes  of  the  State. 

I  believe  the  condition  of  the  blacks  to  be  infinitely  worse  to-day,  in  this  section,  than,  at 
any  time  either  before  or  after  the  war,  and  that  slavery,  if  not  in  name,  in  fact  exists  in  its 
most  aggravated  form. 

In  isolated  cases  fears  are  entertained  of  an  insurrection  on  the  part  of  the  blacks  ;  but  in 
no  instance  are  such  fears  entertained  where  a  disposition  is  manifested  on  the  part  of  the 
whites  to  deal  fairly  with  the  colored  people  with  whom  they  are  surrounded.  Such  fears 
are  the  legitimate  fruits  of  their  determination  to  oppress  the  people  who  were  but  yesterday 
their  slaves.  I  ain  informed  by  an  old  gentleman,  whose  standing  is  beyond  question,  that 
iu  Columbia,  Mississippi,  the7  condition  of  the  frtedmen  is  even  worse  than  at  this  place  ;  and 
this  report  is  fully  corroborated  by  many  officers  of  the  regiment  that  marched  through  the 
country.  In  justice  to  the  freedmen,  in  behalf  of  a  race  that  has  borne  sucli  a  conspicuous 
part  in  the  cause  of  freedom,  I  submit  this  report  for  your  information  and  the  considerate 
judgment  of  mankind. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

J.  H.   MA.THEWS, 
Captain  66th  U.  S.  CoVd  Inf.,  and  Sau-Cotnni'r  vf  Freedmen. 

Major  GEO.  D.  REYNOLDS, 

Ass't  Comm^r  of  Freedmen,  Southern  District  of  Mississippi. 


OFFICE  OF  SUB-COMMISSIONER  OF  FREEDMEN, 

Magnolia,  Mississippi,  November  ii7,  1865. 

MAJOR:  Application  is  most  respectfully  made  that  I  be  relieved  from  duty  as  sub-com 
missioner  of  freednu-.n  at  this  point,  and  returned  to  duty  with  my  regiment ;  the  reasons 
for  which  were  set  forth  in  my  report  of  the  ]'Uh,  and  my  experience  shire  that  time  has  only 
mournfully  verilied  my  report.  Owing  to  the  limited  instructions  under  which  I  am  acting, 
my  position  has  been  that  of  an  idle  "spectator."  When  aggravated  cases  of  tlogo-ing  ha\e 
been  reported,  a  few  arrests  have  been  made,  and  the  parties  turned  over  to  the  civil  authori 
ties;  but  out  of  more  than  fifty  well-authenticated  cases,  but  one  has  been  acted  upon.  In 
this  section  of  the  country  the  evidence  of  the  negroes  is  taken  only  where  troops  are  sta- 
tiu.ied,  and  then  when  the  matter  is  urged  by  the  military  authority.  I  am  informed  by 
many  magistrates  that  they  prefer  waiting  until  "something  shall  happen." 

On  the  ^Ist  instant  the  mayor  at  Osika  telegraphed  to  the  major  commanding  to  come 
down  to  that  place  ;  that  fears  were  entertained  of  a  negro  insurrection.  Accordingly,  the 
major  and  myself  immediately  proceeded  hither  for  the  purpose  of  investigating  the  matter. 


ARKANSAS —GEORGIA — MISSISSIPPI — ALABAMA.  185 

On  our  arrival,  every  white  person  was  very  anxious  to  disclose  what  he  had  hoard,  and  par 
ticularly  what  he  thought,  from  whom  we  learned  that  something  might  happen,  nobody  knew 
what.  This  was  about  as  definite  information  as  could  be  gathered  from  the  citizens,  (the 
whites.)  On  our  cross-examination  of  the  negroes  we  learned  that  on  Saturday  (previous) 
the  colored  people  of  Osika  had  a  ball,  which  was  broken  up  by  some  three  or  four  white 
men,  who  came  there  drunk  and  made  a  fuss.  On  Sunday  following  it  was  whispered  about 
town  that  something  was  up,  which  was  all  the  information  that  could  be  gathered.  This 
affair,  together  with  many  others,  confirms  the  time-honored  belief  that  no  insurrection  will 
ever  occur  without  the  white  man  being  first  the  aggressor  ;  that  in  every  community  where 
such  fears  exist,  there  is  a  stinging  consciousness  of  having  wronged  a  people  whose 
cause  is  impleaded ;  who  are  defenceless  in  the  eyes  of  the  law*  and  before  tribunals  whose 
prejudices  are  as  old  as  the  laws  themselves. 

People  are  substantially  the  same  the  world  over  ;  a  man  seldom  fears  a  man  with  whom 
he  deals  justly  ;  while  he  does  fear  the  man  whom  he  has  wronged,  in  proportion  to  the 
wrongs  sustained.  To  fear  a  negro  insurrection,  then,  is  to  confess  the  negro  outraged,  and 
violence  is  apprehended  as  the  result.  A  more  ingeniously  devised  pretext  for  oppressing  a 
people  was  never  conceived  by  man  than  to  circulate  a  report  of  an  apprehended  outbreak 
of  the  blacks  in  insurrection ;  a  mere  subterfuge  by  which  to  justify  the  most  foul  and 
bloody  murders  known  to  any  people,  upon  a  race  that  is  unarmed  and  unable  to  defend 
themselves,  much  less  to  assume  the  offensive.  To  demand  the  rights  of  a  human  being  is 
readi.y  construed  into  a  disposition  that  these  people  call  insurrection.  Almost  daily  mur 
ders  are  reported  to  this  office,  many  of  which  are  perpetrated  by  the  militia  or  black  cav 
alry,  as  they  are  called,  who  seem  to  have  special  fears  of  an  "insurrection."  These  or 
ganizations  are  particularly  adapted  to  hunting,  flogging,  and  killing  colored  people ;  two 
instances  of  which  occurred  last  Saturday  night — one  man  was  most  shamefully  beaten, 
while  the  other  was  shot.  These  militiamen  have  frequently  been  known  to  black  them 
selves  up  and  perpetrate  the  most  fiendish  crimes  that  would  enter  the  minds  of  men  or 
devils.  Of  this  there  is  abundance  of  evidence,  and  for  which  there  seems  at  present  to  be 
no  remedy.  Men  have  told  me  that  they  did  not  "recognize  the  freedom  of  their  slaves, 
and  that  the  hogs  should  eat  them  rather  than  they  should  lose  them."  For  this  quotation  I 
beg  pardon ;  I  have  simply  given  it  that  you  might  fully  understand  the  savage  dispositions 
that  seem  to  control  the  minds  of  a  people  who  are  clamoring  "fora  more  full  control  of 
civil  law."  It  is  the  earnest  desire  of  the  bureau  that  the  freedmen  should  seek  employment 
for  the  coming  year  ;  but  I  should  certainly  be  false  to  the  position  I  occupy  were  I  instru 
mental  in  placing  these  people  where  they  are  hunted,  beat,  and  shot  so  indiscriminately. 
For  your  better  information  I  wish  you  were  here  in  person,  as  I  believe  that  you  can  have 
no  adequate  conception  of  the  present  condition  of  the  country.  I  herewith  transmit  a  depo 
sition  of  a  man  whose  statement  is  fully  corroborated  by  his  son. 

In  conclusion,  I  would  say  that  I  respect  a  position  filled  with  difficulty,  but  I  cannot  fill 
a  position  with  honor  and  credit  to  myself  when  my  power  to  do  is  so  inconsiderable  in  pro 
portion  to  my  task. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

JAMES  H.  MATHEWS, 
Captain  GGth  V.  S.  Col  Inf.,  and  Sub-Comm'r  of  Freedmen. 

Major  GEORGE  D.  REYNOLDS, 

A.  A.  Comm'r  of  Frccdmcn,  Southern  District  of  Mississippi. 


F. 

Extracts  from  the  constitution  of  Georgia  adopted  November  7,  1865. 

Article  I,  section  20  : 

20.  The  government  of  the  United  States  having,  as  a  war  measure,  proclaimed  all  slaves  held 
or  owned  in  this  State  emancipated  from  slavery,  and  having  carried  that  proclamation  into 
full  practical  effect,  there  shall  henceforth  be,  within  the  State  of  Georgia,  neither  slavery  nor 
involuntary  servitude,  save  as  a  punishment  for  crime,  after  legal  conviction  thereof:  Pro 
vided,  this  acquiescence  in  the  action  of  the  government  of  the  United  States  is  not  intended 
to  operate  as  a  relinquishment,  waiver,  or  estoppel  of  such  claim  for  compensation  of  loss  sus 
tained  by  reason  of  the  emancipation  of  his  slaves,  as  any  citizen  of  Georgia  may  hereafter 
make  upon  the  justice  and  magnanimity  of  that  government. 

Article  II,  section  5,  paragraph  5  : 

5.  It  shall  be  the  duty  of  the  general  assembly,  at  its  next  session,  and  thereafter  as  the 
public  welfare  may  require,  to  provide  by  law  for  the  government  of  free  persons  of  color ; 
for  the  protection  and  security  of  their  persons  and  property,  guarding  them  and  the  State 
against  any  evil  that  may  arise  from  their  sudden  emanc  pation,  and  prescribing  in  what 
cases  their  testimony  shall  be  admitted  in  the  courts ;  for  the  regulation  of  their  transactions 

13  A  G  M  A 


186  RECONSTRUCTION. 

with  citizens  ;  for  the  legalizing  of  their  existing,  and  the  contracting  nnd  solemnization  of 
their  future  marital  relations,  and  connected  therewith  their  rights  of  inheritance  an«l  testa 
mentary  capacity  ;  and  for  the  regulation  or  prohibition  of  their  immigration  into  this  State 
from  other  States  of  the  Union,  or  elsewhere.  And  further,  it  shall  be  the  duty  of  the  gen 
eral  assembly  to  confer  jurisdiction  upon  courts  now  existing,  or  to  create  county  courts  with 
jurisdiction  in  criminal  cases  excepted  from  the  exclusive  jurisdiction  of  the  superior  court, 
and  in  civil  cases  whereto  free  persons  of  color  may  be  parties. 

Article  V,  section  1 : 

1.  The  electors  of  members  of  the  general  assembly  shall  be  free  white  male  citizens  of 
this  State,  and  shall  have  attained  the  age  of  twenty-one  years,  and  have  paid  all  taxes 
which  may  have  been  required  of  them,  and  which  they  have  had  an  opportunity  of  paying 
agreeably  to  law,  for  the  year  preceding  the  election,  shall  be  citizens  of  the  United  States, 
and  shall  have  resided  six  mouths  cither  in  the  district  or  county,  and  two  years  within  this 
State,  and  no  person  not  qualified  to  vote  for  members  of  the  general  assembly  shall  hold 
any  office  in  this  State. 

&.  All  elections  by  the  general  assembly  shall  be  viva  vocc,  and  the  vote  shall  always 
appear  on  the  journal  of  the  house  of  representatives  ;  and  where  the  senate  and  house  of 
representatives  unite  for  the  purpose  of  electing,  they  shall  meet  in  the  representative  chamber, 
arid  the  president  of  the  senate  shall,  in  such  cases,  preside  and  declare  the  person  or  persons 
elected. 

3.  In  all  elections  by  the  people,  the  electors  shall  vote  by  ballot  until  the  general  assembly 
shall  otherwise  direct. 

4.  All  civil  officers  heretofore  commissioned  by  the  governor,   or  who   have  been  duly 
appointed  or  elected  since  the  first  day  of  January  last,  but  who  have  not  received  their 
commissions,  and  who  have  not  resigned,  nor  been  removed  from  office,  and  whose  terms  of 
office  shall  not  have  expired,  shall  continue  in  the  exercise  of  the  duties  of  their  respective 
offices  during  the  periods  for  which  they  were  duly  appointed  or  duly  elected  as  aforesaid, 
and  commissioned,  and  until  their  successors  shall  be  appointed  under  the  provisions  of  this 
constitution,  unless  removed  from  office  as  herein  provided. 

5.  The  laws  of  general  operation  now  of  force  in  this  State  are,  1st,  as  the  supreme  law, 
the  Constitution  of  the  United  States;  the  laws  of  the  United  States  in  pursuance  thereof, 
and  all  treaties  made  under  the  authority  of  the  United  States;  2d,  as  next  in  authority 
thereto,  this  constitution ;  3d,  in  subordination  to  the  foregoing,  all  laws  declared  of  forc« 
by  an  act  of  the  general  assembly  of  this  State,  assented  to  December  J9,  A.  D.  I860,  en 
titled  "An  act  to  approve,  adopt,  and  make  of  force,  in  the  State  of  Georgia,  a  revised  code 
of  laws  prepared  under  the  direction  and  by  authority  of  the  general  assembly  thereof,  and 
for  other  purposes  therewith  connected  ;"  an  act  of  the  general  assembly  aforesaid,  assented 
to  December  16,  A.  D.  1861,  amendatory  of  the  foregoing,  and  an  act  of  the  general  assembly 
aforesaid,  assented  to  December  13,  A.  D.  1862,  entitled  "An  act  to  settle  the  conflicts  be 
tween  the  code  and  the  legislation  of  this  general  assembly ;"  also,  all  acts  of  the  general  as 
sembly  aforesaid,  passed  since  the  date  last  written,  altering,  amending,  repealing,  or  adding 
to  any  portion  of  law  hereinbefore  mentioned,  (the  latter  enactments  having  preference  in. 
case  of  conflict,)  and  also  so  much  of  the  common  and  statute  law  of  England,  and  of  the 
statute  law  of  this  State,  of  force  in  Georgia  in  the  year  eighteen  hundred  and  sixty,  as  is 
not  expressly  superseded  by  nor  inconsistent  with  said  code,  though  not  embodied  therein ; 
except  so  much  of  the  law  aforesaid  as  may  violate  the  supreme  law,  herein  recognized,  or 
may  conflict  with  this  constitution,  and  except  so  much  thereof  as  refers  to  persons  held  in 
slavery,  which  excepted  laws  shall  henceforth  be  inoperative  and  void  ;  and  any  future  general 
assembly  of  this  State  shall  be  competent  to  alter,  amend,  or  repeal  any  portion  of  the  l;i\v 
declared  to  be  of  force  in  this  third  specification  of  the  fifth  clause  of  this  fifth  article.     If  in 
any  statute  law  herein  declared  of  force,  the  word    "  Confederate"  occurs  before  the  word 
States,  such  law  is  hereby  amended  by  substituting  the  word  "  United"  for  the  word  "  Con 
federate." 

0.  Local  and  private  statutes  heretofore  passed,  intended  for  the  benefit  of  counties,  cities, 
towrns,  corporations,  and  private  persons,  not  inconsistent  with  the  supreme  law,  nor  with 
this  constitution,  and  which  have  neither  expired  by  their  own  limitations  nor  been  repealed, 
shall  have  the  force  of  statute  law,  subject  to  judicial  decision  as  to  their  validity  wheu 
enacted,  and  to  any  limitations  imposed  by  their  own  terms. 

7.  All  judgments,  decrees,  orders,  and  other  proceedings  of  the  several  courts  of  this 
State  heretofore  made,  within  the  limits  of  their  several  jurisdictions,  are  hereby  ratified  and 
affirmed,  subject  only  to  past  or  future  reversal  by  motion  for  new  trial,  appeal,  bill  of  re 
view,  or  other  proceeding,  in  conformity  with  the  law  of  force  when  they  were  made.     . 

8.  All  rights,  privileges  and  immunities  which  may  have  vested  in,  or  accrued  to,  any 
person  or  persons,  in  his,  her,  or  their  own  right,  or  in  any  fiduciary  capacity,  under  and 
in  virtue  of  any  act  of  the  general  assembly,  or  of  any  judgment,  decree,  or  order,  or  other 
proceeding  of  any  court  of  competent  jurisdiction  in  this  State,  since  the  first  day  of  .January, 
A.  D.  eighteen  hundred  aird  sixty-one,  shall  be  held  inviolate  by  all  courts  befoie  which  ther 
may  be  brought  in  question,  unless  attacked  for  fraud. 


ARKANSAS GEORGIA— MISSISSIPPI — ALABAMA.  187 

9.  The  marriage  relation  between  •vvbitc  persons  and  persons  of  African  descent  is  forever 
prohibited,  and  such  marriage  shall  be  null  an'd  void  ;  and  it  shall  be  the  duty  of  the  general 
assembly  to  enact  laws  for  the  punishment  of  any  officer  who  shall  knowingly  issue  a  license 
for  the  celebration  of  such  marriage,  and  any  officer  or  minister  of  the  Gospel  who  shall 
marry  such  persons  together. 

10.  All  militia  and  county  officers  shall  be  elected  by  the  people,  under  such  regulations 
as  have  been  or  may  be  prescribed  by  law. 

11.  This  constitution  shall  be  altered  or  amended  only  by  a  convention  of  the  people, 
called  for  that  purpose  by  act  of  the  general  assembly. 


G. 

AN  ORDINANCE  to  repeal  certain  ordinances  and  resolutions  therein  mentioned,  heretofore 
passed  by  the  people  of  the  State  of  Georgia  in  convention. 

We,  the  people  of  the  State  of  Georgia  in  convention,  at  our  seat  of  government,  do  declare 
and  ordain,  That  an  ordinance  adopted  by  the  same  people,  in  convention,  on  the  nineteenth 
day  of  January,  A.  D.  eighteen  hundred  and  sixty-one,  entitled  4i  An  ordinance  to  dissolve 
the  union  between  the  State  of  Georgia  and  other  States  united  with  her  under  a  compact  of 
government  entitled  "  the  Constitution  of  the  United  States  of  America;  "  also  an  ordinance, 
adopted  by  the  same  on  the  sixteenth  day  of  March,  in  the  year  last  aforesaid,  entitled  "  An 
ordinance  to  adopt  and  ratify  the  constitution  of  the  Confederate  States  of  Anerica;"  and 
also  all  ordinances  and  resolutions  of  the  same,  adopted  between  the  sixteenth  day  of 
January  and  the  twTenty-fourth  day  of  March,  in  the  year  aforesaid,  subversive  of  or  antag 
onistic  to  the  civil  and  military  authority  of  the  government  of  the  United  States  of  America, 
under  the  constitution  thereof  be,  and  the  same  are  hereby,  repealed. 

Signed  October  30,  Ib65. 

HERSCHEL  V.  JOHNSON,  President. 

Attest : 

J.  D.  WADDELL,  Secretary. 


II. 

Georgia  laic  relative  to  the  right  of  colored  persons  to  testify. 

AN  ACT  to  make  free  persons  of  color  competent  witnesses  in  the  courts  of  this  State  in 
certain  cases  therein  mentioned,  and  to  authorize  the  making  and  declaring  of  force  affi 
davits  by  them  in  certain  cases. 

The  senate  and  house  of  representatives  of  the  State  of  Georgia,  in  general  assembly  met,  do 
enact,  That  from  and  after  the  passage  of  this  act  free  persons  of  color  shall  be  competent 
witnesses  in  all  the  courts  of  this  State  in  civil  cases  whereto  a  free  person  of  color  is  a  party, 
and  in  all  criminal  cases  wherein  a  free  person  of  color  is  defendant,  or  wherein  the  offence 
charged  is  a  crime  or  misdemeanor  against  the  person  or  property  of  a  free  person  of  color, 
any  law,  usage,  or  custom  to  the  contrary  notwithstanding. 

SEC.  2.  And  be  it  further  enacted,  That  in  all  cases  hereafter  pending  or  about  to  be  insti 
tuted  \vherein  a  free  person  of  color  is  a  party,  plaintiff  or  defendant,  it  shall  be  competent 
for  such  free  person  of  color  to  make  and  file  any  affidavit  now  by  law  allowed  a  citizen  to 
advance  the  remedy  or  aid  the  defence;  and  when  so  made  and  filed  in  conformity  with  law, 
such  action  shall  be  had  thereon  as  though  the  said  affidavit  had  been  made  and  filed  by  any 
other  litigant. 

Approved  December  15,  1865. 


PART  IV. 


FLORIDA,  LOUISIANA,  TEXAS. 


SUB-COMMITTEE. 

Mr.  GEORGE  H.  WILLIAMS,  (of  Oregon,)  United  States  Senate. 
Mr.  E.  B.  WASHBURNE,  (of  Illinois,)  House  of  Representatives. 
Mr.  A.  J.  ROGERS,  (of  New  Jersey,)  House  of  Representatives. 


Mr.  E.  B.  WASHBURNE,  from  the  Select  Joint  Committee  on  Reconstruction, 
reported  the  following  evidence. 


TESTIMONY. 


John  W.  Recks  called,  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  State  your  age,  residence,  and  occupation. 

Answer.  My  age  is  37  ;  residence,  at  present,  Pensacola,  Florida ;  occupation,  collector 
of  customs. 

Question.  How  long  have  you  resided  in  Florida? 
Answer.  I  have  resided  in  Florida  since  the  14th  of  July  last. 

Question.  Have  you  travelled  through  the  State  to  any  extent,  since  you  have  resided 
there  ? 

Answer.  Yes,  sir;  I  have  been  through  the  western  portion  of  the  State,  not  through  the 
eastern  portion.  We  touched  at  Key  West  while  going  down,  but  I  have  not  travelled 
through  that  portion  of  the  State. 

Question.  Has  your  business  brought  you  into  contact  with  many  of  the  citizens  of  that 
State? 

Answer.  Yes,  sir ;  especially  in  Western  Florida. 

Question.  State  the  views  and  feelings  of  the  people  with  whom  you  came  in  contact  when 
you  first  went  to  Florida,  as  to  the  late  war  and  its  results. 

Answer.  That  would  be  a  rather  difficult  question  to  answer  definitely.  The  general  im 
pression  among  those  people  is,  that  they  have  been  overcome,  but  not  conquered. 

Question.  Have  you  noticed  any  change  in  the  sentiments  and  feelings  of  the  people  since 
you  commenced  to  reside  in  Florida,  in  reference  to  that  subject  ? 

Answer.  No  material  change,  that  I  know  of,  for  the  better— nor  in  any  portion  of  the 
States  lately  in  rebellion  in  which  I  have  been — Louisiana,  Alabama,  and  Tennessee.  They 
have  a  bitter  aversion  to  what  they  term  the  Yankee ;  that  is,  a  Union  man ;  it  does  not 
matter  whether  he  comes  from  the  extreme  east  or  the  extreme  west,  if  he  is  true  in  his  adhe 
rence  to  the  national  government.  They  have  treated  me  with  a  good  deal  of  courtesy,  but 
at  the  same  time  that  is  their  inherent  spirit.  They  have  no  love  for  the  Yankees,  as  they 
term  them.  I  have  had  no  difficulty,  however,  myself. 

Question.  Are  there  any  men,  to  your  knowledge,  in  Florida  who  remained  true 
to  the  Union  cause  during  the  rebellion?  If  so,  state  what  number,  to  the  best  of  your 
knowledge. 

Answer.  Of  course  I  can  only  speak  of  that  portion  of  the  State  I  have  been  in.  In  respect 
to  that,  I  may  say,  I  would  not  know  where  to  lay  my  hand  upon  a  man  who  really  loves  the 
Union  at  the  present  day.  I  would  just  as  soon  expect  to  find  a  white  raven  on  the  sand-beaches 
of  Florida  as  to  find  a  Union  man  who  has  always  resided  there.  There  may  be  some,  but  I 
have  not  met  them. 

Question.  Are  there  any  persons  there  who  emigrated  to  that  State  from  the  north  since 
the  rebellion? 

Answer.  Yes,  sir ;  there  are  some  who  have  been  mustered  out  of  regiments — none  others 
that  I  remember.  There  are  some  few  who  have  been  merchandizing  in  what  is  called  War- 
renton,  who,  I  know,  are  good  Union  men.  But  your  question,  I  suppose,  refers  to  the 
original  residents  of  that  State. 

Question.  State  what  the  relations  are  of  those  men  who  emigrated  there  from  the  north, 
and  are  called  Yankees,  and  those  who  lived  there  during  the  rebellion ;  are  they  free  and 
friendly,  or  otherwise  ? 

Answer.  They  are  apparently  friendly,  but  really  not.  As  far  as  their  own  selfish  interests 
are  concerned,  in  matters  of  trade,  they  appear  friendly  enough ;  but  they  have  no  regard  for 
the  Union. 

Question.  State  your  opinion,  derived  from  your  observation  of  and  intercourse  with  these 
people,  as  to  whether  their  professions  correspond  with  their  real  views  and  feelings  in  refer 
ence  to  the  Union — whether  among  Union  men'  they  hold  out  one  idea,  and  among  them 
selves  cherish  a  different  one  ? 

Answer.  That  is  what  I  understand  of  them,  that  they  are  totally  deceitful  in  reference 
to  these  matters. 

Question.  Are  there  any  troops  at  this  time  in  Florida? 

Answer.  There  were  a  few  at  the  time  I  left,  last  Friday  week,  mostly  occupying  the  forts. 
There  were  some  at  Fort  Barrancas,  below ;  there  were  none  at  Pensacola — in  the  town ; 
there  were  some  at  the  navyyard,  and  some  at  Fort  Pickeus.  Most  of  the  volunteer  forces 
there  have  been  mustered  out  and  their  places  filled  by  colored  troops. 


2  RECONSTRUCTION. 

Question.  Do  you  think  the  presence  of  a  military  force  in  Florida  is  or  is  not  necessary 
to  secure  the  rights  of  property  and  the  lives  of  citizens,  -white  or  bteck  ? 

Answer.  I  do.  I  may  be  mistaken,  but  that  is  my  honest  conviction.  I  think,  in  other 
words,  that  if  they  had  the  power,  they  would  use  it  to  destroy  Union  men. 

Question.  State,  as  near  as  you  can,  the  circumstances  and  condition  of  the  colored  men 
in  that  State.  Have  they,  generally,  remained  with  those  to  whom  they  belonged  before  the 
war,  or  have  they  changed  their  places  of  abode  ? 

Answer.  In  that  portion  of  Florida  where  I  am  acquainted,  some  of  them  have  remained 
with  their  old  owners  or  masters,  and  some  have  not.  I  think  the  majority  of  them  art- 
working  for  themselves,  and  are  generally  disposed  to  be  industrious. 

Question.  What  is  your  opinion  of  the  willingness  of  the  negroes  to  work  for  white  men, 
for  fair  wages  and  kind  treatment  ? 

Answer.  Almost  universally,  as  far  as  my  information  extends,  they  are  perfectly  willing 
,  and  anxious  to  work  for  men  who  will  pay  them  anything  like  a  fair  or  reasonable  compen 
sation.  I  do  not  know  that  I  have  remarked  any  instance  to  the  contrary  in  Florida.  Then, 
on  the  other  hand,  those  who  have  been  their  former  masters,  and  those  who  have  employed 
them,  have  been  punctual  in  paying  them  and  have  treated  them  kindly,  as  a  general  thing. 
But  there  are  very  few  of  their  old  owners  who  have  any  colored  servants  now.  Some  of 
them  have  so  bitter  an  aversion  that  they  say  they  will  never  have  them  round  again  ;  that 
they  will  send  to  the  north  for  Irish  servants.  That  may,  however,  be  mere  talk  that 
amounts  to  nothing. 

Question.  What  class  of  white  people  in  that  State,  in  your  judgment,  are  most  inimical 
to  the  blacks,  in  their  present  condition  1 

Answer.  The  wealthier  class — those  whom  we  formerly  termed  the  upper  grade — the  upper 
crust.  The  poorer  class  of  white  men  there  are  not  so  unfavorable  to  the  black  men  as 
those  formerly  known  as  the  wealthier  class. 

Question.  What  are  the  views,  so  far  as  you  know,  of  the  original  citizens  of  the  State  a,s 
to  the  willingness  of  the  negroes  to  work,  with  or  without  physical  compulsion  ? 

Answer.  They  have  the  impression  that  there  must  be  physical  compulsion,  or  they  will 
never  be  of  any  service,  or  very  stringent  laws,  which  would  be  the  same  in  substance,  to 
make  them  work.  That  is  the  way  they  talk  ;  but  moral  suasion,  I  think,  would  make 
them  all  work.  There  being  no  Freedmen's  Bureau  agents  there,  I  have  had  charge  of  the 
interests  of  that  class  of  people.  Having  bean  requested  by  General  Howard  to  look  after 
their  interests,  I  did  so. 

Question.  State  what  you  know  of  the  willingness  or  unwillingness  of  the  colored  people 
there  to  learn  or  to  obtain  an  education  ? 

Answer.  I  can  give  some  information  upon  that  subject.  In  coming  down  the  coast  upon 
a  United  States  revenue  cutter,  I  was  requested  by  General  Oliver  O.  Howard  to  visit  the 
various  freedmen's  schools  at  Fejnandina,  Charleston,  Key  West,  Pensaeola,  &c.,  which  I 
did.  I  was  highly  pleased  to  find  the  schools  in  a  rery  excellent  condition,  and  the  colored 
children  evincing  a  spirit  and  disposition  to  learn  as  I  have  never  witnessed,  even  in  the 
white  schools  at  the  north ;  and  not  only  evincing  the  disposition,  but  actually  learning. 
That  is  something  that  has  impressed  me  most  profoundly  everywhere  at  the  south. 

Question.  What  are  the  feelings  of  the  old  citizens  of  Florida  as  to  the  education  of  the 
blacks  ? 

Answer.  Bitterly  opposed  to  it. 

Question.  Was  there  anything  said  in  Florida  among  the  old  citizens,  that  you  heard, 
about  the  payment  of  the  debts  contracted  by  the  rebel  government  during  the  rebellion  ? 

Answer.  No,  sir. 

Question.  Do  you  hear  anything  said  about  the  payment  of  the  debt  of  the  United  States 
contracted  in  the  suppression  of  the  rebellion? 

Answer.  I  have  heard  some  talk  on  that  subject,  but  I  could  not  state  with  any  degree  of 
defiuiteness  in  reference  to  that. 

Question.  Have  you  heard  anything  said  there  about  obtaining  payment  for  slaves  eman 
cipated  by  the  war? 

Answer.  Oh,  yes,  1  have  heard  such  talk,  and  even  for  buildings  which  have  been 
destroyed.  Some  of  our  prominent  men  have  even  advocated  the  doctrine  that  they  would 
be  reimbursed  for  the  property  they  had  lost  in  the  way  of  slaves  and  other  personal  chattels. 
But  it  is  hard  to  tell  much  about  their  talk  on  that  point.  They  think  they  will  have  been 
treated  with  the  greatest  injustice  if  the  government  does  not  pay  for  all  these  things.  It  is 
the  impression  of  a  great  many — it  may  not  be  of  all — that  unless  the  government  does  in 
some  way  remunerate  them  for  the  losses  they  have  sustained  in  consequence  of  emancipa 
tion,  it  will  not  be  doing  its  duty  towards  them. 

Question.  State  whether  you  were  there  at  the  time  an  election  was  held  in  that  State  ? 

Answer.  Yes,  sir;  I  was  there  at  the  time.  I  had  been  there  some  time  previous  to  tht> 
election  of  delegates  to  the  Tallahassee  convention.  Just  before  the  nomination  of  delegate! 
the  provisional  governor,  William  Marvin,  called  upon  me  and  upon  my  father-in-law,  also 
an  old  New  York  lawyer,  and  also  an  acquaintance  of  Governor  Marvin.  I  saw  fit  to  inter 
rogate  Governor  Marvin  as  to  who  were  qualified  to  vote  in  the  election  to  bo  held,  and  what 
would  constitute  a  delegate,  in  the  proper  sense  of  the  word,  to  represent  the  people  in  the 


FLORIDA LOUISIANA TEXAS.  3 

Tallahassee  convention.  He  stated  to  ine  that  although  a  majority  of  the  old^citizens  had 
been  living  out  in  Alabama  for  some  time  past,  and  had  not  returned  home,  yet  if  they 
returntd  home  the  day  before  the  election,  pardoned  or  unpardoned,  they  were  fully  entitled 
to  vote,  and  they  could  even  go  as  delegates  to  the  convention,  if  elected. 

Question.  At  what  time  did  the  election  of  delegates  to  that  convention  occur? 

Answer.  I  cannot  tell  positively.  I  was  there  at  the  time.  I  know  the  votes  in  our 
township  were  polled  in  the  custom-house  building. 

Question.  Did  the  people  generally  vote  at  that  election  in  the  place  where  you  resided? 

Answer.  I  think  they  generally  voted.  There  was  one  exception.  Major  Alden,  who  was 
formerly  in  the  United  States  service,  with  the  rank  of  major,  now  agent  of  Adams  Express 
Company, went  out  to  vote  and  was  refused,  on  the  ground  that  although  he  had  lived  there 
some  two  or  three  years,  yet  his  proper  place  of  voting  was  in  some  other  section  of  the 
country.  I  understood  Governor  Marvin  so  instructed,  and  the  judges  so  decided.  He  told 
me,  I  think,  that  he  voted  afterwards  at  Barrancas,  some  eight  miles  below. 

Question.  Was  there  more  than  one  ticket  at  that  election  of  delegates? 

Answer.  There  were  two.  A  friend  of  mine  by  the  name  of  Clapp  was  almost  forced  into 
the  field,  but  he  tad  no  show. 

Question.  Was  that  election  any  test  of  the  Union  sentiment  in  the  town  where  you  re 
sided? 

Answer.  I  suppose  it  might  be  considered  a  test.  As  a  general  thing  the  Union  men  were 
true  to  their  man. 

Question.  How  did  the  vote  of  the  Union  men  compare  with  that  of  the  others? 

Answer.  The  Union  vote  was  very  insignificant.  I  do  not  suppose  you  could  find  three 
hundred  Union  votes  in  the  whole  State  of  Florida.  Governor  Marvin  told  me  he  did  not 
think  you  could  get  three  hundred  Union  votes,  out  and  out,  in  the  whole  State.  It  was 
impossible  then  to  adopt  any  plan  by  which  a  large  Union  vote  would  be  called  out.  It  did 
not  matter  at  all  what  a  man's  course  had  been.  I  recollect  a  man  who  had  been  a  major  in 
the  federal  army,  and  then  a  major  in  the  confederate  army,  and  Governor  Marvin  told  me 
he  was  and  told  others  they  were  entitled  to  vote.  That  same  man,  Major  Kelly,  went  as  a 
delegate  to  the  convention,  and  was  afterwards  nominated  for  lieutenant  governor  of  the 
State  on  the  ticket  with  Governor  Walker,  and  was  overwhelmingly  elected.  He  is  still 
unpardoned,  unless  he  has  been  pardoned  recently. 

Question.  I  understand,  then,  that  Major  Kelly  was  elected  delegate  to  the  Tallahassee 
convention,  and  has  been  elected  lieutenant  governor.  State  what  position  he  held  during 
the  rebellion. 

Answer.  He  had  the  rank  of  major  in  the  confederate  army.  He  was  acting  as  purser  of 
a  fleet,  or  something  of  that  kind.  He  goes  by  the  name  of  Major  Kelly  altogether,  and,  I 
believe,  held  that  position  in  the  confederate  army. 

Question.  Were  you  there  at  the  time  members  of  the  legislature  were  elected  ? 

Answer.  Yes,  sir. 

Question.  State,  as  far  as  you  know  them,  what  their  positions  were — what  side  they  took 
during  the  rebellion. 

Answer.  They  were  rebels  during  the  war  in  the  confederate  service ;  soma  of  them,  I 
think,  with  the  rank  of  captain,  and  at  heart  to-day  they  are  as  good  rebels  a.s  they  ever 
were. 

Question.  Were  you  present  at  the  session  of  the  legislature  there  ? 

Answer.  No,  sir ;  I  did  not  go. 

Question.  Do  you  know  the  man  who  has  been  elected  governor  of  that  State  ? 

Answer.  I  do  not,  only  by  reputation.  I  have  heard  him  in  Pensacola  spoken  very 
highly  of  by  men  who  are  resident  there.  I  do  not  know  how  he  is,  one  way  or  the  other. 
I  believe  I  have  heard  some  Union  men  speak  very  highly  of  Governor  Walker. 

Question.  Do  you  know  any  of  the  men  elected  to  Congress,  either  to  the  House  or 
Senate  ? 

Answer.  I  have  some  little  acquaintance  with  Governor  Marvin;  elected  to  the  United 
States  Senate.  Mr.  Call  I  am  not  acquainted  with.  His  election  apparently  caused  uni 
versal  satisfaction  to  the  former  sympathizers  of  the  south,  and  the  election  of  Governor 
Marvin  is  just  as  much  congenial  to  them,  I  think,  as  that  of  the  other  senator,  though  I 
have  nothing  to  say  against  Governor  Marvin  particularly.  He  wanted  all  the  votes  he 
could  get,  I  suppose. 

Question.  Then  all  the  officers  of  the  government  there,  and  those  chosen  to  represent  that 
State  in  Congress,  as  I  understand  you,  were  chosen  by  men  who  were  chosen  during  the 
war? 

Answer.  Yes,  sir. 

Question.  And  those  who  were  not  pardoned,  as  well  as  those  who  were,  voted  for  their 
election  ? 

Answer.  Yes,  sir;  and  whether  they  had  been  there  three  days  or  had  lived  there  three 
years  did  not  matter.  They  would  come  back,  and,  according  to  the  instructions  given  bj 
Provisional  Governor  Marvin,  would  vote  the  next  day,  pardoned  or  unpardoned. 

Question.  Has  there  been  any  member  of  Congress  elected  ? 

Answer.  I  have  heard  of  none. 


4  RECONSTRUCTION. 

Question.  Has  there  been  any  election  for  member  of  Congress  ? 

Answer.  **!  have  not  heard  of  any. 

Question.  State,  if  you  can,  what  is  the  disposition  there  among  the  people  as  to  legislation 
there  among  the  blacks;  what  rights  are  the  majority  of  the  white  people  of  Florida  dis 
posed  to  give  the  blacks,  political  or  civil  ? 

Answer.  I  think  they  look  upon  them,  as  a  general  thing,  with  as  great,  and  perhaps 
greater  aversion  than  during  the  war.  As  to  what  rights  they  are  willing  to  give  them,  I 
think  they  would  be  very  much  pleased  to  have  them  right  out  of  the  way,  and  to  have  China 
men,  coolies,  or  anybody  else  to  do  the  work.  That  may  be  a  mere  conjecturo  of  mine.  I 
only  speak  of  my  best  belief. 

Question.  Have  you  heard  the  question  of  negro  suffrage  discussed  there  among  the 
people  ? 

Answer.  I  have ;  they  perfectly  abhor  negro  suffrage. 

Question.  Have  you  heard  anything  said  as  to  giving  the  negroes  the  right  to  purchase 
and  hold  real  estate  ? 

Answrer.  No,  sir;  I  have  heard  nothing  on  that  point. 

Question.  Have  you  heard  anything  said  among  the  people  there  as  to  the  right  of  the 
negroes  to  bring  suits  and  to  be  witnesses  in  court  ? 

Answer.  Yes,  I  have  seen  some  who  are  in  favor  of  that,  but  a  majority  are  opposed  to  it. 

Question.  Can  you  repeat  anything  you  have  heard  prominent  men  say  there  in  reference 
to  what  they  proposed  to  do,  when  that  State  resumed  its  former  position  in  the  Union,  as  to 
their  own  domestic  matters  ? 

Answer.  No,  sir ;  I  do  not  know  that  I  have.  The  papers  are  the  best  index  you  could 
have  in  reference  to  these  things.  I  have  not  heard  or  charged  my  mind  with  what  I  have 
heard  on  that  subject  sufficiently  to  repeat  it. 

Question.  Do  you  know  the  number  of  votes  cast  at  the  late  election  in  that  State  ? 

Answer.  I  do  not,  and  have  no  means  of  ascertaining. 

Question.  Do  you  know  the  number  of  votes  cast  at  Pensacola? 

Answer.  I  think  about  250  votes  were  cast  in  the  town  of  Pensacola.  There  were  a  good 
many  more  than  that  cast  up  and  down  the  harbor.  I  took  no  interest  in  the  matter. 

By  Mr,  WASHBURNE  : 

Question.  Has  there  ever  been  any  disposition  to  interfere  with  you  in  the  discharge  of 
your  official  duties  at  all? 

Answer.  Yes,  sir. 

Question.  What  was  the  nature  of  the  interference  ? 

Answer.  I  required  a  man  to  pay  some  rents  on  property  he  had  leased  incompliance 
with  the  regulations.  He  refused  to  do  it.  I  wrote  him  a  notification  such  as  the  regulations 

require.  He  came  down  very  much  offended,  made  some  remark  about  d d  abolitionists, 

and  said  "I  have  a  notion  to  give  you  a  whaling."  I  said,  "  I  guess  you  will  whale  us  onco 
to  your  satisfaction,  and  you  may  try  it  on  again  if  you  like.'*  This  man,  Major  Humphreys, 
had  always  been  civil  to  me  before. 

Question.  What  had  he  been  major  of? 

Answer.  He  was  at  Fort  Sumter  at  the  time  of  the  lowering  of  our  flag.  He  was  a 
northern  man  by  birth,  but  went  over  to  the  confederate  army.  He  is  a  particular  friend  ol 
the  present  Lieutenant  Governor  Kelley. 

Question.  What  was  the  nature  of  your  claim  upon  him  ? 

Answer.  For  rent  due  the  United  States.  He  had  leased  some  -property  reported  as  aban 
doned  by  my  predecessprs.  He  took  out  a  lease  in  the  regular  form,  but  refused  to  pay  the 
rent. 

Question.  What  is  the  present  status  of  the  courts  in  that  State  ? 

Answer.  We  have  only  a  justice  court  there.  No  other  court  had  been  organized  at  the 
time  I  left.  They  were  expecting  to  organize  others. 

Question.  Have  you*  any  knowledge  of  the  proceedings  of  the  last  session  of  the  legislature 
of  Florida  ? 

Answer.  No  ;  I  have  received  nothing  in  relation  to  them. 

Question.  You  do  not  know,  then,  what  action  they  have  taken  in  relation  to  the  rights  of 
colored  people  ? 

Answer.  No,  sir ;  I  do  not. 

Question.  Have  there  been  many  pardons  of  rebels  in  your  vicinity  to  your  knowledge? 

Answer.  Not  many,  to  my  knowledge. 

Question.  Do  you  know  whether  or  not  many  are  seeking  pardon? 

Answer.  Yes,  sir ;  they  are  all  seeking  pardon,  pretty  much,  I  believe ;  that  is,  I  have  so 
learned. 

Question.  What  protection  would  there  be  there  for  colored  people  if  the  troops  were  with 
drawn  entirely  from  the  State  ? 

Answer.  In  the  only  portion  I  have  any  knowledge  of,  there  would  be  no  difficulty,  because 
there  would  be  a  sufficient  number  of  colored  people  to  thrash  them  out,  with  a  good  com 
mander.  Were  there  not  a  majority  of  them,  their  condition  would  be  very  bad. 

Question.  What  is  your  judgment  in  regard  to  the  number  of  troops  that  would  be  neces- 


FLORIDA LOUISIANA — TEXAS.  5 

e&ry  to  maintain  public  order  and  the  safety  of  all  classes  of  citizens  in  that  section  of  the 
State  to  which  your  knowledge  extends  ? 

Answer.  It  would  require  a  comparatively  small  force  at  each  of  the  various  points.  A 
force  of  25  or  50  men  would  be  quite  sufficient  at  Pensacola,  or  at  any  other  one  point,  to 
keep  everything  in  order.  I  may,  perhaps,  mention  that  there  is  a  great  deal  more  demorali 
zation  in  the  south,  more  drinking  and  intoxication,  than  ever  I  knew  before.  Every  other 
house,  almost,  is  a  drinking  saloon,  and  there  is  fighting  in  every  direction. 

Question.  How  do  you  account  for  it  ? 

Answer.  I  account  for  it  in  my  own  little  town  by  the  absence  of  the  military  as  much  as 
anything.  They  have  a  municipal  organization  there  now,  and  municipal  officers,  but  they 
do  nothing  apparently  to  keep  order;  there  are  some  very  reckless  fellows  there,  and  almost 
every  day  there  is  a  stabbing  or  something  of  the  kind  occurring.  A  few  days  before  I  left 
a  man  by  the  name  of  Lloyd  stabbed  a  negro  man  without  any  provocation  whatever. 

Question.  What  was  done  with  Lloyd  ? 

Answer.  They  took  him  down  to  Fort  Pickens;  they  have  taken  him  there  several  times 
before,  but  he  always  manages  to  get  out  in  some  way  or  other,  and  I  presume  is  out  again 
by  this  time. 
•   Question.  Who  is  in  command  of  the  military  force  at  that  post  ? 

Answer.  Colonel  Woodman  was  in  command  in  western  Florida;  who  is  his  successor  I 
do  not  know ;  he  was  in  command  of  a  Maine  regiment  which  has  been  mustered  out ;  I  do 
not  know  who  is  in  command  now ;  most  of  the  troops  have  been  removed.  As  far  as  Pen 
sacola  is  concerned,  I  am  not  at  all  apprehensive  of  any  difficulty.  The  Union  men  have 
such  an  understanding  with  the  colored  people  that,  in  case  of  an  outbreak,  we  would  give 
them  a  fair  showing. 

Question.  From  your  knowledge  and  observation  of  that  country,  what,  in  your  judg 
ment,  is  necessary  to  be  done  in  order,  properly  and  fairly,  to  reconstruct  the  State,  in  jus 
tice  to  the  State  and  to  the  Union  ? 

Answer.  There  is  such  a  diversity  of  opinion  upon  that  subject  that  I  hardly  know  how  to 
answer.  The  only  way  for  this  government  to  make  these  people  its  friends  is  just  to  keep  ^ 
them  down.  They  have  more  respect  for  a  man  who  goes  there  and  shows  decision  than 
they  do  for  one  who  is  wavering.  My  policy  may,  perhaps,  be  a  little  too  severe.  I  would,' 
pin  them  down  at  the  point  of  the  bayonet  so  close  that  they  would  not  have  room  to  wig 
gle,  and  allow  intelligent  colored  people  to  go  up  and  vote  in  preference  te  them.  The  only 
Union  element  in  the  south  proper,  among  the  original  inhabitants,  is  among  the  colored 
people.  The  whites  will  treat  you  very  kindly  to  your  face,  but  they  are  deceitful.  I  have 
often  thought,  and  so  expressed  myself,  that  there  is  so  much  deception  among  the  people  of 
the  south  since  the  rebellion,  that  if  an  earthquake  should  open  and  swallow  them  up,  I  was 
fearful  the  devil  would  be  dethroned  and  some  of  them  take  his  place. 

Question.  What  is  the  nature  of  the  business  at  Pensacola  at  this  time,  and  by  whom  is  it 
conducted  mostly  ? 

Answer.  W^e  have  a  goodly  number  of  merchants  for  a  place  of  that  size  ;  a  great  many 
doggeries,  bar-room  saloons,  commission  merchants,  &c.  A  very  large  majority  of  those  in 
business  are  men  in  sympathy  with  those  heretofore  engaged  in  the  southern  cause.  On  the 
other  hand,  we  have  a  few  good  Union  men  in  business  in  that  place. 

Question.  Are  there  any  returned  rebels  there  in  business? 

Answer.  Yes,  sir. 

Question.  In  wrhat  business  mostly  engaged  ? 

Answer.  As  commission  merchants. 

Question.   Are  there  many  engaged  in  rum-selling,  and  little  business  of  that  kind  ? 

Answer.  Yes  ;  a  great  many  are  engaged  in  that ;  some  of  them  have  groceries,  and  some 
of  them  are  commission  merchants. 

Question.  Why  do  these  men  not  go  out  and  work  on  their  lands  ?  Is  it  because  they 
cannot  get  the  negroes  to  work  ? 

Answer.  I  believe  that  is  the  reason  they  give — that  they  cannot  get  the  negroes  to  work. 

By  Mr.  WILLIAMS  : 

Question.  In  your  judgment,  is  the  Frecdmen's  Bureau  there  a  necessity  or  not,  for  the  ad 
vantage  of  all  concerned  ? 

Answer.  I  do  not  think  there  is  any  very  material  necessity  for  it.  As  I  stated,  General 
Howard  requested  me  to  look  after  the  freedmen  to  some  extent.  It  was  at  a  season  of  the 
year  I  anticipated  a  good  deal  of  sickness — in  July,  August,  and  September;  but  they 
passed  through  it  without,  as  a  general  thing,  and  I  believe  they  are  doing  tolerably  well. 

Question.  I  ask  you  whether  there  is  much  idleness,  dissipation,  and  poverty  among  the 
blacks  there  ? 

Answer.  Not  a  great  deal ;  no  more  than  you  will  find,  perhaps,  in  a  great  many  other 
places  further  north.  I  have  seen  some  evidence  of  suffering,  but,  as  a  general  thing,  not 
much.  I  have  made  it  my  business  to  inquire  how  they  were  getting  along ;  and  if  any 
were  suffering  for  the  necessaries  of  life,  I  would  see  if  something  could  not  be  done  for 
them  ;  but  there  were  no  such  reports. 

Question.  Are  there  any  landholders  there  among  the  blacks? 


6  RECONSTRUCTION. 

V 

Answer.  Yes,  sir,  some  of  them  are  landholders. 

Question.  Are  any  of  the  blacks  settling  upon  vacant  lauds  in  that  neighborhood  ? 

Answer.  Yes,  sir. 

Question.  Is  there  not  an  anxiety  among  the  blacks  to  acquire  lands  and  become  land 
holders  ? 

Answer.  I  think  there  is. 

Question.  What  do  the  blacks  who  have  taken  lands  raise  mostly  ? 

Answer.  They  cultivate  gardens  principally,  bring  in  vegetables  and  sell  them  in  the 
market  at  Pensacola  and  at  the  navy  yard.  Some  of  them  are  farming  on  a  small  scale. 
There  is  a  disposition  with  a  majority  of  the  blacks  to  remain  in  town,  mainly,  I  think,  for 
the  reason  that  they  are  not  treated  as  kindly  as  they  ought  to  be  in  the  country. 

Question.  How  are  the  farming  land-s  in  your  neighborhood  divided,  into  large  farms,  or 
plantations,  or  otherwise? 

Answer.  Near  our  place  the  country  is  sandy.  The  soil  is  not  rich,  and  the  farming  is  on 
rather  a  small  scale.  There  are  some  very  good  farms  on  the  harbor  above,  and  on  the  Black 
Water  and  Escambia. 


WASHINGTON,  January  22,  1866. 
Hon.  William  Marvin  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  State  where  you  reside. 

Answer.  My  residence  is  at  Key  West,  Florida,  southern  part  of  the  State. 

Question.  How  long  have  you  resided  there  ? 

Answer.  Since  1835.  I  have  been  temporarily  absent  from  there  during  the  last  two 
years,  until  I  again  returned  to  the  State  as  provisional  governor. 

Question.  State  in  what  way  you  have  been  connected  with  the  reorganization  of  that 
State  since  the  war  ? 

Answer.  I  was  provisional  governor  of  the  State,  appointed  13th  of  July,  and  entered 
upon  the  duties  of  the  office  in  Florida  about  the  first  day  of  August,  I  think. 

Question.  Where  were  you  during  the  war  ? 

Answer.  Until  July,  1863,  I  was  at  Key  West,  in  Florida,  acting  as  judge  of  the  district 
court  of  the  United  States  for  the  southern  district  of  Florida. 

Question.  After  that  where  were  you  ? 

Answer.  In  July,  1863,  I  resigned  my  office  on  account  of  ill  health.  My  health  was 
broken  down  from  over-work.  I  suppose  I  decided  more  prize  cases  than  any  other  one 
judge,  perhaps,  and  perhaps  more  than  all  the  other  courts  put  together.  I  became  over 
worked,  resigned  my  position,  and  went  temporarily  to  New  York. 

Question.  Where  were  you  bom  and  raised? 

Question.  I  was  born  in  the  county  of  Herkimer,  State  of  New  York.  I  grew  up  to 
young  manhood  in  the  State  of  New"  York;  resided,  when  quite  a  young  man,  four  years_ 
in  the  State  of  Maryland;  returned  again  to  the  State  of  New  York,  and  in  1835  emigrated 
to  Florida,  where  I  have  been  ever  since.  I  was  appointed  judge  of  the  superior  court  for 
the  Territory  of  Florida  by  Mr.  Van  Buren  in  1839,  if  I  remember  right.  I  remained  judge 
of  the  superior  court  under  the  territorial  arrangement  until  after  a  State  government  was 
organized  and  the  district  court  of  the  United  States  was  established  for  the  southern  dis 
trict.  I  was  appointed  judge  of  that  court  in  1847,  I  think,  by  Mr.  Polk.  I  remained  dis 
trict  judge  until  I  resigned  in  July,  1863. 

Question.  Subsequent  to  the  ordinance  of  secession  in  the  State  of  Florida,  did  you  dis 
charge  your  duties  as  United  States  judge  in  that  State  ? 

Answer.  I  did.  Key  West  is  an  island  at  the  extreme  southern  point  of  the  State,  distant 
from  the  main  land  some  seventy  or  eighty  miles  ;  is  among  a  cluster  of  islands,  and,  fortu 
nately  for  me,  there  was  a  military  support  there  of,  I  believe,  one  company  of  troops,  and 
a  naval  force  there  to  enable  the  government  to  retain  possession  of  the  island.  I  remained 
and  discharged  my  duties  until  my  health  broke  down. 

Question.  When  you  were  appointed  provisional  governor  of  that  State,  what  sort  of  a 
government,  if  any,  was  there  in  the  State  of  Florida  ? 

Answer.  When  I  was  appointed  provisional  governor  of  the  State,  the  actual  government 
was  purely  military.  Martial  law  prevailed  throughout  the  State.  The  civil  authorities  were 
not  recognized  as  hating  any  existence  by  the  military,  and  I  did  not  recognize  them  as 
having  any  existence  for  some  months  afterwards. 

Question.  Were  there  any  persons  holding  office,  or  attempting  to  discharge  the  duties  of 
any  civil  office,  under  the  confederate  authorities  in  that  State  ? 

Answer.  Not  at  that  time.  Of  course  there  were  men  claiming  to  be  in  office,  but  they 
were  not  in  the  discharge  of  any  of  the  functions  of  their  offices. 

Question.  Can  you  state  how  long  it  was,  after  the  confederate  authorities  had  ceased  to 
exercise  their  functions  in  that  State,  to  the  time  you  became  provisional  governor  ?  In  other 
words,  how  long  was  the  State  under,  exclusively,  military  rule  ? 


FLORIDA LOUISIANA — TEXAS.  7 

Answer.  I  cannot  state  positively.  I  believe  the  State  of  Florida  was  occupied  by  the 
military  forces  in  the  first  clays  of  May;  and  from  the  time  of  their  occupation  the  civil  au 
thorities  were  considered  as  in  abeyance,  and  overthrown. 

Question.  State  what  your  first  steps  were,  after  your  appointment  as  provisional  governor, 
towards  the  reorganization  of  that  State  under  the  federal  government. 

Answer.  I  have  not  the  documents  here  with  me,  or  I  might  shorten  the  answer.  Perhaps 
the  first  step  I  took  towards  the  reorganization  of  a  State  government  in  Florida  was  to  issue 
an  address,  published  in  all  the  newspapers,  in  which  was  portrayed  a  plan  whereby  the 
people  would  be  enabled  to  meet  in  convention  for  the  purpose  of  amending  or  altering  their  ' 
constitution  and  re-establish  a  new  government.  This  address  was  generally  circulated.  As 
soon  as  I  got  time  to  mature  a  plan  whereby  the  people  of  the  State  could  meet  at  the  dif 
ferent  precincts  in  their  several  counties  and  hold  an  election,  I  issued  a  proclamation  ap 
pointing  an  election  to  be  held  in  the  several  precincts  of  the  different  counties  of  the  State 
for  delegates  to  a  convention.  This  proclamation  -recognized  all  persons  as  entitled  to  vote 
for  delegates  to  this  convention  who  were  entitled  under  the  constitution  of  the  State  estab 
lished  and  existing  prior  to  the  passage  of  the  ordinance  of  secession,  and  who  should  also 
have  taken  the  amnesty  oath  at  the  time  of  voting.  It  was  arranged  by  the  government 
itself  that  this  amnesty  oath  might  be  taken  before  any  military  officer,  or  any  civil  officer 
who  was  loyal  to  the  government.  The  larger  number  of  amnesty  oaths  in  that  State  were 
taken  before  the  mustering  officers  of  the  army.  In  some  of  the  counties  there  was  an  ina 
bility  to  supply  these  officers,  so  as  to  enable  the  people  to  take  the  oaths.  In  a  few  weeks 
before  the  election  I  authorized  the  judges  of  election  to  administer  these  oaths  at  the  polls. 
They  were  to  allow  no  person  to  vote  who  did  not  present  a  certificate  that  he  had  taken  the 
oath  previously,  or  who  did  not  take  it  at  the  time  of  voting  at  the  polls.  The  oaths  taken 
at  the  polls  were  forwarded  to  me  with  the  election  returns,  and  oaths  taken  before  military 
officers  were  also  reported  to  me  by  such  military  officers.  The  number  of  oaths  taken  ex 
ceeded  seven  thousand.  I  do  not  remember  the  precise  number.  The  number  of  votes  at 
the  election  for  delegates  in  the  whole  State  was  six  thousand  seven  hundred  and  odd,  which 
is  more  than  half  of  all  the  votes  of  the  State  given  at  elections  when  party  contests  were 
rife.  I  think  that  considerably  more  than  half  the  people  voted  at  this  election.  There  was 
an  election  held  in  every  county  in  the  3tate.  Every  county  in  the  State  but  two  were  fully 
represented  in  the  convention.  One  county  was  unrepresented  in  consequence  of  the  dele 
gates  having  been  lost  at  sea  ;  and,  for  the  other,  delegates  could  not  get  there.  So  far  as 
I  was  able  to  judge,  I  think  the  election  itself  was  as  full  and  fair  an  election,  and  as  full 
and  fair  an  expression  of  the  wishes  of  the  people  as  could  possibly  be  had. 

Question.  State,  if  you  please,  whether  or  not  at  that  election  there  were  tickets  in  the  field 
opposed  to  each  other — one  designated  as  the  Union  ticket,  and  the  other  as  the  opposition 
ticket — in  any  or  many  of  the  places  of  that  State. 

Answer.  I  do  not  think  it  could  properly  be  said  that  there  were  any  tickets  run  in  any 
of  the  counties,  as  far  as  I  am  informed,  which  could  be  called  in  opposition  to  the  recon 
struction  of  the  Union.  There  were  in  some  of  the  counties  candidates  running  who  claimed 
to  be  old  Union  men,  and  claim  to  be  at  present  the  Simon  Pure  Union  men  all  through, 
who  were  opposed  by  men  who  went  into  the  war  andVere  in  the  confederate  army.  That 
was  the  case,  I  think,  in  three  counties.  I  am  not  aware  that  it  was  any  more  than  that. 

Question.  Who  were  elected  in  these  counties  ? 

Answer.  In  one  of  them  the  Union  candidates,  or  men  who  were,  the  old  Union  men,  (for 
all  claimed  to  be  Union  men  at  this  time,)  were  elected,  and  beat  the  secesh.  In  the  other 
two,  I  think,  according  to  my  recollection,  the  secesh  were  eectedl.  There  were,  so  far  as  I 
understood,  individual  persons  opposed  to  it,  but  there  was  nothing  like  an  organization  at 
all  to  defeat  tn*e  plan  of  reconstruction ;  that  was  acceptable  to  almost  everybody. 

Question.  State  what,  in  your  judgment,  was  the  proportion  of  delegates  elected  to  that 
convention  who  belonged  to  the  confederate  army  during  the  rebellion. 

Answer.  If  I  had  a  list  of  the  delegates  before  me  I  could  state  with  considerable  accuracy. 
I  can  now  only  give  an  approximate  answer.  According  to  my  present  recollection  I  should 
say  about  a  fourth,  perhaps  half,  certainly  fully  a  quarter  of  them ;  and,  on  further  conside 
ration,  I  would  give  one-half  as  an  approximate  estimate. 

Question.  State  what  the  position  of  the  other  half  was  during  the  rebellion. 

Answer.  I  should  say  one-quarter,  or  nearly  a  quarter,  claimed  to  have  been  Union  men 
all  the  time,  and  to  have  avoided  being  dragged  into  the  rebel  service,  or  any  participation 
in  the  movement.  The  other  quarter  I  should  say  rather  sympathized  with  the  secession 
movement;  that  would  be  my  judgment  of  their  position. 

[Governor  Marvin  having  to  leave  the  city,  his  examination  was  here  suspended.] 


WASHINGTON,  February  23,  186C. 
Rev.  L.  M.  Hobbs  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  Have  you,  since  the  commencement  of  the  rebellion,  been  in  Florida;  and  if  so, 
when  did  you  go  there  and  when  did  you  leave  ? 


8  RECONSTRUCTION. 

Answer.  I  landed  at  Jacksonville.  Florida,  on  the  8th  of  February,  1864,  and  left  that 
place  on  the  15th  of  February,  1866. 

Question.  Did  you  visit  different  parts  of  Florida  while  there? 

Answer.  Yes,  sir;  I  have  travelled  over  a  good  portion  of  the  State,  especially  the  plant 
ing  districts,  since  the  surrender  of  the  confedeiate  armies.  I  was  detailed  from  my  regiment 
by  General  Tillson,  directly  after  the  surrender,  to  visit  the  plantations  and  explain  to  the 
colored  people  their  situation,  and  endeavor  to  induce  them  to  remain  on  the  plantations, 
and  work  to  secure  the  growing  crops.  I  was  provost  marshal  for  two  and  a  half  months  at 
'the  port  of  Tallahassee.  Since  my  regiment  was  mustered  out  of  service  I  have  been  con 
nected  with  the  Freedmen's  Bureau,  in  charge  of  the  educational  interests  of  the  freedmen. 
During  the  session  of  the  legislature  I  draughted  a  bill  for  the  establishment  of  a  school  system 
for  the  free  people  of  Florida,  which  bill,  with  some  modifications,  became  a  law,  and  I  have 
since  received  the  appointment  of  superintendent  of  the  State  for  schools  for  freedmen. 

Question.  What  do  you  find  to  be  the  present  temper  and  spirit  of  the  people  of  Florida  in 
reference  to  the  general  government  ? 

Answer.  It  is  bitter;  much  more  so  now  than  it  was  three  or  four  months  ago.  There 
was  a  time  when  the  people  seemed  to  be  very  much  disposed  to  do  anything  that  the  govern 
ment  would  require  of  them.  They  are  now  quite  bitter,  and  say  things  that  they  would  not 
have  dared  to  say  three  months  ago.  They  talk  treason  on  the  streets  without  any  conceal 
ment;  that  is,  a  great  many  of  them  do — the  majority  of  the  lower  classes.  There  are  a  few 
intelligent  planters  whom  I  regard  as  honorable  men,  who  deplore  the  expression  of  such 
opinions  ;  but  they  are  very  much  in  the  minority,  and  can  have  but  little  influence  in  the 
affairs  of  the  State  government. 

Question.  How  do  you  explain  this  change  that  has  taken  place  in  their  feelings,  or  the 
expression  of  them  ? 

Answer.  I  consider  it  is  because  of  flie  leniency  manifested  by  the  present  administration ; 
first,  in  extending  the  privilege  of  amnesty;  and  second,  in  re-establishing  the  civil  govern 
ment,  throwing  the  affairs  of  the  State,  tke  administration  of  the  law-,  in  the  hands  of  probate 
and  circuit  judges,  leaving  the  military  to  have  control  only  of  some  cases  where  capital 
.  punishment,  or  some  punishment  of  that  kind,  can  be  inflicted;  also  the  general  opposition 
~<7lbat  has  grown  up  within  the  last  three  months  to  the  negro  having  civil  rights,  the  right  of 
suffrage,  &c. 

The  people  there,  through  the  agency  of  the  officers  of  the  Freedmen's  Bureau,  have  been 
restrained  from  committing  injustice  to  the  negroes  in  the  way  of  cheating  them  of  their 
wages,  and  withholding  remuneration  from  them.  A  great  many  unjust  contracts  had  been 
made  with  the  freedmeu  during  the  summer.  For  instance,  while  1  was  provost  marshal, 
thirteen  contracts  were  brought  into  my  office  for  approval,  in  which  the  employer  agreed  to 
give  a  first-class  hand  thirteen  bushels  of  corn  and  one  hundred  pounds  of  meat  for  seven 
and  a  half  m.onths'  labor,  and  to  lower  class  hands  a  proportionately  less  amount.  It  was 
so  manifestly  unjust,  that  the  general  commanding  issued  an  order  that  where  the  wages 
were  to  be  paid  by  a  share  of  the  crops,  one-fourth  at  least  of  the  crops  should  be  allowed  for 
the  wages  of  the  laborers.  That  raised  a  great  deal  of  opposition,  though  the  order  was 
not  issued  until  the  general  had  consulted  with  the  leading  planters  about  Tallahassee,  some 
of  whom  had  voluntarily  given  their  hands  one-half  or  one-third  of  their  crops ;  and  they 
stated  that  one-fourth  of  the  crop  would  be  a  very  fair  remuneration. 

The  people  show  a  great  anxiety  to  have  the  military  and  the  Freedmen's  Bureau  with 
drawn  from  the  State,  and  the  control  of  the  State  government  placed  entirely  in  their  hands, 
and  they  speak  very  bitterly  of  any  one  opposing  them  in  that  respect,  l"  suppose  I  have 
been  more  successful  in  obtaining  the  confidence  of  the  people  than  any  other  northern  man 
who  has  gone  into  that  State,  and  yet,  if  what  I  am  stating  here  to  you  now  were  made 
known  to  them,  my  life  would  be  in  danger  should  I  return  to  that  State.  Union  men.  the 
citizens  of  the  State  who  have  been  in  favor  of  the  Union,  are  proscribed. 

Question.  What  would  be  the  condition  of  the  Union  men  there  should  the  iliilitary  be 
withdrawn  ? 

Answer.  It  would  be  intolerable  ;  they  could  not  remain  there  in  safety  ;  they  would  b<> 
compelled  to  leave  the  State.  Northern  men,  especially  those  who  have  been  in'the  United 
States  service,  could  not  live  there  at  all.  I  should  feel  no  security  there,  with  the  present  feel 
ings  of  the  people,  should  the  military  be  withdrawn  and  the  State  be  readmitted ;  I  could 
not  stay  there.  I  would  have  no  fears  of  the  intelligent  planters  to  whom  I  have  already 
referred ;  but  there  are  the  bar-room  loafers,  formerly  slave-drivers  and  overseers,  and  what 
are  called  "  piney-woods  men,"  men  who,  as  the  old  settlers  there  have  said  to  me,  have  es 
caped  justice  in  other  States  and  have  settled  there.  Then  there  is  a  class  of  boys  of  nine 
teen  or  twenty  years  of  age,  who  would  put  a  bowie-knife  or  a  bullet  through  a  northern 
man  as  soon  as  they  would  through  a  rna<3  dog.  In  some  portions  of  the  State  eren  now  a 
northern  man  is  not  safe. 

Question.  Were  you  in  Florida  when  any  elections  took  place? 

Answer.  Yes,  sir. 

Question.  What  class  of  candidates  appeared  to  be  the  favorites  of  the  people,  loyal  or 
disloyal  men  ? 

Answer.  The  elections  were  very  quiet ;  but  there  was  no  chance  for  a  loyal  man  to  be 
elected.  Even  men  who  had  been  with  them  through  the  war,  but  had  since  expressed  favor- 


FLORIDA — LOUISIANA — TEXAS. 

able  opinions  towards  the  negro,  could  not  be  elected.  There  was  Mr.  Papy,  of  Tallahassee, 
an  attorney,  one  of  the  best  men  in  the  State ;  he  went  with  his  State  into  the  rebellion,  but 
has  accepted  the  result  like  a  true  man  ;  1  believe  him  now  to  be  a  truly  loyal  man.  Prior 
to  the  election  of  members  of  the  convention  to  amend  the  constitution  of  the  State,  Mr.  Papy 
stated  to  some  of  his  friends  that  he  was  in  favor  of  allowing  negroes  to  testify.  This  be 
coming  known,  he  was  defeated,  and  could  not  be  elected  to  any  office. 

I  knew  a  number  of  such  men  there.  There  are  men  there  who  have  been  loyal  all  through 
the  war,  men  who  are  qualified  to  fill  any  position  in  the  State.  Mr.  O.  B.  Hart,  of  Jack 
sonville,  is  a  man  qualified  to  act  as  governor  of  the  State  or  as  United  States  senator,  but 
he  is  completely  proscribed,  and  could  not  be  elected  constable.  There  are  a  number  of  very 
true  loyal  men 'in  the  State,  but  they  have  no  chance  of  being  elected  to  any  office ;  the  peo 
ple  ignore  any  man  who  has  been  a  Union  man  as  capable  of  holding  any  position. 

Question.  What  is  the  prevailing  opinion  in  Florida  in  regard  to  the  rignts  that  should  be 
extended  to  the  freedmen  '/ 

Answer.  The  prevailing  opinion  is  that  the  general  government  should  not  interfere  in 
that  matter  at  all ;  that  it  should  be  left  entirely  to  the  people  of  the  State.  They  say  they 
understand  the  negro  better  than  we  do;  that  they  can  manage  him  better,  and  that  the  gov 
ernment  has  no  right  whatever  to  interfere  in  the  matter.  They  evidently  desire  one  of  two  . 
things  :  to  so  control  the  freedman  that  he  will  be  in  a  condition  of  semi-slavery  or  peonage, 
or  else  make  the  free-labor  system  an  utter  failure,  in  order  to  show  that  their  peculiar  no 
tions  about  the  matter  are  correct  and  that  we  are  wrong,  hoping  to  gain  something  by  it  in 
the  future.  They  have  been  very  slow  in  accepting  the  condition  of  affairs  in  reference  to 
the  negro.  I  have  had  a  great  deal  of  difficulty  on  that  subject.  I  have  addressed,  I  sup 
pose,  thirty  thousand  freedmen,  urging  them  to  be  quiet  and  peaceable,  and  go  to  work.  I 
have  found  them  all  willing  to  go  to  work  when  they  have  received  proper  treatment,  or  even 
any  kind  of  decent  treatment.  They  are  a  very  quiet  and  dociie  people. 

The  change  within  the  last  month,  before  1  left,  was  very  favorable,  wonderfully  so,  and 
when  I  came  away  I  left  with  bright  hopes  of  the  future.  The  loyal  men  had  taken  fresh 
courage,  anticipating  nothing  else  than  that  the  Freedmen's  Bureau  bill  would  become  a  law. 

It  was  interesting  to  notice  the  change  of  sentiment  in  the  minds  of  the  planters.  They 
had  all  along  said  that  the  free  negro  would  not  work ;  that  they  could  raise  ue  cotton  But, 
they  had  been  so  successful  last  year  that  there  are  not  now  near  enough  hands  to  sup 
ply  the  demands.  We  could  find  employment  for  10,000  more  men  in  Florida  to-day  than 
we  had  there.  The  planters  are  offering  $20  a  month  for  them.  They  say  now  that  the  negro 
will  work,  but  that  he  will  only  work  for  four  or  five  years,  until  he  can  save  money  enough 
to  buy  some  land,  and  then  he  will  not  be  worth  anything ;  that  he  will  not  work  for  anybody 
else  when  he  gets  property  of  his  own ;  but  it  is  a  great  advance  for  them  to  admit  that  he  will 
work  for  five  years  ;  at  first  they  said  he  would  not  work  at  all. 

One  of  the  planters  used  to  come  to  my  office  and  say  that  the  free  negroes  would  not  work 
at  all.  At  last  he  came  there  with  three  negroes  whom  he  charged  with  stealing  hogs  from  his 
place.  I  asked  the  negroes  if  they  had  taken  the  hogs  ;  they  said  they  had.  I  asked  what 
they  had  done  with  them  ;  they  said  they  had  killed  them  and  made  meat  of  them.  I  said, 
"Do  you  not  think  it  wrong  to  steal  hogs ?"  "Well,  no ;  they  did  not  think  it  wrong  to  kill. 
Massa  Chairs's  hogs."  "Why  not?"  "Because  they  were  working  for  him,  and  he  did  not 
give  them  any  meat."  "How  long  since  you  have  had-  any  meat  Z"  "About  three  weeks." 
1  asked  the  planter  how  that  was.  He  said  that  last  year  the  negroes  did  not  take  care  of  his 
stock,  neglected  it,  and  now  they  must  do  without. 

I  told  him  that  I  could  not  go  back  and  regulate  anything  that  had  transpired  when  the 
negroes  had  been  slaves  ;  that  I  could  hold  them  to  account  only  for  what  they  have  done  since 
they  had  been  declared  free.  I  said  that  those  people  were  working  for  him,  and  that  he  ought 
to  pay  them,  and  feed  them ;  that  I  could  not  punish  them  for  taking  something  to  eat,  after 
he  had  refused  to  give  it  to  them.  He  said  he  must  turn  them  off,  or  I  must  punish  them, 
or  he  would  have  to  take  down  his  fences  and  let  his  stock  run.  I  tol'l  him  to  come  back  in 
a  half  an  hour,  and  in  the  mean  time  I  would  see  the  general,  and  get  his  instructions. 

I  stated  the  facts  to  the  general,  who  told  me  to  tell  Mr.  Chairs,  mat  if  he  could  not  feed  his 
negroes  properly  and  take  care  of  his  plantation,  he  would  put  some  man  there  who  could  take 
care  of  it.  I  told  him  this,  and  he  did  not  speak  to  me  for  three  weeks  afterwards. 

He  then  came  back  and  said  that  he  wanted  to  buy  some  government  mules  for  his  planta 
tions  ;  he  was  carrying  on  three  plantations  at  that  time.  I  said  to  him,  "The  free  negroes 
will  work,  then?"  He  replied,  "I  am  very  much  encouraged:  I  have  raised  300  bales  of 
cotton  this  year."  Not  long  ago  I  saw  him  again,  and  he  told  me  that  he  had  rented  four 
other  plantations ;  was  carrying  on  seven  in  all.  He  told  me  that  he  wanted  me  to  send  four 
'v  teachers  out  on  his  plantations;  that  he  wanted  these  people  educated  so  that  they  could  read 
and  write,  and  understand  what  was  in  their  contracts ;  and,  said  he,  "I  go  further  than  that ; 
I  go  for  giving  them  the  right  of  suffrage;"  and  yet,  if  I  was  back  there  to-day,  I  would 
guarantee  that  he  would  be  crying  out  against  the  Freedmen's  Bureau  and  everything  else 
of  the  kind,  because  he  would  have  hope,  from  the  action  of  the  President  in  vetoing  the  Freed 
men's  bureau  Bill,  that  they  would  soon  have  the  entire  control  of  affairs  in  their  own  hands. 

A  great  many  of  the  people  express  themselves  very  cordially  and  friendly  to  me  and  in  my 
presence,  when  they  know  who  and  wlat  I  am.  But  sometimes,  where  I  am  not  known 


10  RECONSTRUCTION. 

for  instance,  when  I  am  riding  in  the  cars,  I  hear  them  making  their  threats,  and  saying  that  if 
they  could  get  the  military  taken  away  "there  would  be  plenty  of  dead  niggers  lying  around 
in  the  woods;"  not  only  would  northern  men  and  white  Union  men  of  the  State  be  killed,  but 
the  negroes  would  be  shot  down  like  sheep.  This  is  not  the  feeling  about  the  negroes  among 
the  best  citizens  there;  but  it  is  the  feeling  of  the  smaller  planters,  those  who  never  owned 
'  slaves  ;  who  hold  the  positions  of  constables  and  justices  of  the  peace,  some  of  them  probate 
judges,  &c.  They  are  a  bad  set  of  men,  bitter  and  treacherous,  arid  are  in  the  majority 
there. 

Question.  In  case  the  military  were  withdrawn,  and  the  people  left  to  themselves,  what 
class  would  obtain  the  control  of  affairs  there? 

Answer.  Judging  from  the  character  of  the  legislation  there  this  last  winter,  I  should  say 
that  the  most 'rabid  and  violent  secessionists,  and  they  only,  would  have  the  control. 

Question.  Was  that  the  character  of  the  legislative  assembly  there? 

Answer.  Yes,  sir ;  where  they  dared  to  express  their  sentiments  freely.  If  it  had  not  beeu 
for  their  fears  of  certain  consequences,  their  laws  would  have  been  much  more  infamous  than 
they  were.  They  did  pass  some  very  infamous  laws  in  regard  to  the  negroes.  They  would 
meet  together,  have  their  caucuses  and  secret  meetings,  and  make  secession  speeches  and 
sing  secession  songs.  Every  day  they  became  more  violent  in  their  expressions,  and  gloried 
more  and  more  openly  in  what  they  had  done.  They  profess  loyalty  only  so  far  as  they 
think  it  necessary  to  enable  them  to  get  back  into  the  Union.  I  have  'heard  many  of  them 
say,  time  and  time  again,  that  the  oath  they  had  taken  was  not  binding  upon  them.  I  said 
to  some  of  them  afterwards  that  they  had  not  had  the  oath  administered  to  them  by  me,  for 
I  would  not  allow  them  to  take  it,  as  they  placed  no  value  or  estimation  Avhatever  upon  it. 
This  is  the  case  with  a  great  many  of  them  there.  There  are  some  half  a  dozen  men  in 
Tallahassee,  whom  I  could  name^  who  are  true  men — men  whom  I  could  trust  anywhere. 
Beyond  those,  and  a  few  others  around  in  the  country,  I  should  not  know  where  to  look  for 
men  upon  whom  I  could  rely.  The  others  there  are  not  honorable  in  their  words  nor  in  their 
-  -  contracts,  but  will  take  every  advantage  of  an  ignorant  negro,  or  of  anybody  else.  They  seem 
to  be  determined,  or  were  for  a  long  time,  and  many  are  yet,  to  forbear  favoring  the  negro 
any  further  than  to  make  him  a  mere  instrument  of  labor.  If  they  can  keep  him  in  the 
condition  of  a  laborer,  keep  him  in  their  control  entirely,  so  that  he  cannot  possibly  attain 
any  higher  position,  they  are  satisfied.  Many  of  them  leave  their  plantations  lying  idle 
rather  than  to  sell  or  rent  any  of  their  lands  to  the  negroes.  The  negroes  will  not  hire  to 
them,  for  they  were  unkind  to  them  when  they  held  them  as  slaves,  and  their  plantations  are 
now  lying  idle.  But  northern  men  can  go  there,  and  as  long  as  they  can  remain  there  they 
can  get  as  many  hands  as  they  want. 

Question.  What  do  the  negroes  appear  to  know  about  their  rights  as  freemen,  or  about  the 
character  of  the  late  contest  between  the  rebels  and  the  general  government  ? 

Answer.  They  know  a  great  deal  about  it.  I  have  learned  a  great  deal  of  human  nature 
from  observing  the  negroes  in  the  south.  They  possess  the  greatest  power  of  dissembling  of 
any  people  I  ever  saw.  In  the  presence  of  their  former  masters,  or  of  any  one  of  whom 
they  have  any  doubts,  they  can  appear  to  be  the  most  ignorant  and  stupid  of  beings,  to 
know  nothing  about  freedom  or  anything  else.  But  whore  they  know  that  they  may  dare 
speak,  where  they  feel  certain  that  they  will  not  be  informed  of,  they  appear  very  differently, 
and  show  that  they  have  a  very-clear  idea  of  what  the  government  has  done  for  them.  1 
have  tested  them  in  this  way :  In  visiting  a  school  I  asked  the  boys  what  they  understood 
.  freedom  to  mean.  They  said  that  to  be  free  was  to  be  their  own ;  that  is,  that  they  were  not 
under  the  control  of  another  person  to  be  bought  and  sold.  I  asked  them  if  they  could 
Jo  as  they  pleased  now  that  they  were  free.  They  said  that  they  could  not  break  the  law — 
3ould  not  do  wrong  without  being  punished.  I  asked  them  how  they  knew  they  had  been 
made  free.  They  said  that  when  the  Union  soldiers  came  and  hoisted  the  United  "States  flag 
over  the  capitol,  that  meant  freedom ;  they  knew  they  were  free  then.  Just  before  the  sur 
render  the  rebels  were  organizing  colored  troops  for  their  service,  and  on  two  or  threo  occa 
sions  a  large  number  had  been  taken  to  Tallahassee  to  bo  drilled.  I  have  frequently  asked 
the  negroes  what  was  their  opinion  of  that.  They  said  they  were  all  going  into  the  rebel 
army.  I  asked  them  if  they  would  have  fought  against  the  United  States  government. 
They  said,  "Not  a  man  of  us  ;  we  had  our  plans  all  laid ;  wa  knew  all  about  it ;  we  would 
never  have  fired  a  gun  at  the  Union  soldiers,  but  on  the  very  first  opportunity  we  would  have 
turned  our  fire  upon  the  rebels,  or  we  would  have  gone  over  to  tlie  Union  side."  I  asked 
them  if  they  had  always  believed  that  the  Union  cause  would  prove  successful.  They  said 
that  at  times  they  would  feel  discouraged,  from  hearing  the  rebels  always  say  that  they  were 
whipping  the  Yankees,  but  that  they  had  always  hoped  and  believed  that  the  Union  cause 
would  be  successful.  I  asked  them  what  they  would  do  if  the  people  there  should  attempt  to 
force  them  back  into  slavery,  or  to  make  them  take  part  against  the  United  States  government. 
They  said  they  would  die  before  they  would  go  back  into  slavery.  I  asked  them  it'  tln-y 
were  aware  what  they  must  do  in  order  that  the  government  should  perpetuate  their  freedom. 
Well,  they  supposed  they  must  be  good  citizens;  and  when  I  asked  them  what  they  under 
stood  by  that,  and  they  replied  that  they  must  be  honest  and  industrious.  They  understood 
well  that  their  freedom  depends  upon  themselves;  that  if  they  would  prosper  they  must  go 
to  work,  and  it  is  very  cheering  to  see  their  conduct  in  that  regard.  In  my  rnind,  one  of  the 


FLORIDA — LOUISIANA — TEXAS.  11 

strongest  and  most  encouraging  features  of  the  case  in  regard  to  the  negroes  becoming  self 
supporting  and  prosperous,  taking  care  of  themselves,  and  raising  themselves  to  the  standard 
of  useful  citizens,  is  their  exceeding  desire  to  secure  homes  for  themselves.  They  desire  to 
possess  property,  and  will  buy  it  when  they  have  the  means.  They  are  consequently  very 
anxious  to  obtain  work,  and  will  save  their  money  and  invest  it  in  property  as  soon  as  they 
can.  I  regard  that  as  one  of  the  best  and  most  encouraging  features  they  have  exhibited. 

Question.  It'  there  is  anything  more  you  think  of  which  you  deem  it  important  to  state 
upon  the  subject  about  which  you  have  been  testifying,  you  will  please  state  it. 

Answer.  I  do  not  know  that  I  have  anything  further  to  state  except  this :  From  reading 
the  veto  message  of  the  President,  I  have  come  to  the  conclusion  that  he  does  not  fully  com 
prehend  the  true  condition  of  affairs  in  the  south  when  he  speaks  of  the  great  expense  which 


afraid.  The  Freedmen's  Bureau  there  operated  very  much  like  the  father's  rod  over  the 
door  in  keeping  the  boys  straight.  The  boys  behave  themselves  because  they  know  the  rod 
is  there,  rather  than  because  they  have  felt  it  much,  and  so  with  the  Freedmen's  Bureau ; 
the  people  will  treat  the  negro  well,  and  give  him  a  fair  chance,  when  they  know  they  have 
to  do  it.  We  have  had  to  apply  the  power  of  the  military  in  but  few  cases.  If  the  bureau 
is  withdrawn  there  will  be  no  safety  for  the  freedmen  at  all ;  he  will  not  be  safe  unless  there 
is  some  protection  of  that  kind  for  him.  I.do  not  care  how  soon  these  States  are  received 
back  into  the  Union  if  the  government  continues  to  exercise  a  controlling  power  over  those 
people.  The  freedman  must  be  protected,  or  else  giving  him  his  freedom  will  be  but  a  farce. 
The  Freedmen's  Bureau  Aviil  not  be  expensive  if  it  is  known  it  is  to  be  kept  there  and  will  be 
used  for  the  protection  of  the  negro  in  his  just  rights.  That  has  been  our  experience  in 
•Florida,  and  I  am  satisfied  it  would  continue  to  be  so,  and  I  think  such  would  be  the  testi 
mony  of  all  true,  honest,  loyal  men  there. 


Address  of  the  Hon.  William  Marcin,  provisional  governor  of  Florida,  delivered  before  the 
general  assembly  of  the  State,  at  Tallahassee,  December  20,  1865,  on  the  occasion  of  the 
inauguration  of  the  governor  elect. 

Mr.  President,  Mr.  Speaker,  and  Gentlemen  of  the 

%  Senate  and  House  of  Representatives  : 

When  I  assumed  the  duties  of  provisional  governor  in  this  State,  in  the  first  days  of  August 
last,  I  found  the  civil  government  of  the  State  overthrown  and  prostrate,  and  martial  law 
everywhere  prevailing.  This  was  a  painful,  anomalous  and  unnatural  state  of  things. 

The  Constitution  of  the  United  States  guarantees  to  each  State  in  the  Union  a  republican 
form  of  government,  and  the.  chief  object  contemplated  by  the  Presideat  in  appointing  for  the 
State  a  provisional  governor,  under  the  circumstances  of  the  case,  was,  that  the  latter  might 
make  such  rules  and  regulations  as  were  necessary  to  enable  the  people  of  the  State  to  assem 
ble  in  convention,  and,  accepting  the  results  of  the  war,  adopt  such  measures  as  were  neces 
sary  to  re  establish  a  State  government,  republican  in  form,  and  restore  the  natural  and  nor 
mal  relations  of  the  State  with  the  general  government. 

I  entered  upon  the  duties  of  my  office  with  zeal  and  earnestness,  and  notwithstanding  the 
difficulties  to  be  encountered  in  consequence  of  the  total  absence  of  any  mail  facilities  in 
many  parts  of  the  State,  and*  very  insufficient  ones  in  others,  yet  the  facilities  so  generously 
furnished  me  by  Major  General  Foster,  the  commander  of  the  military  department  of  the 
State,  enabled  me  to  distribute,  through  military  couriers,  the  proclamation  and  poll-books 
for  an  election ;  and  an  election  was  held  on  the  10th  day  of  October  in  every  county  of  the 
State  for  delegates  to  a  convention.  The  convention  assembled  at  the  capitol  in  this  city  on 
the  25th  day  of  the  same  month,  all  the  counties  but  two  being  fully  represented.  The 
aggregate  vote  of  the  State  was  0,707,  being  considerably  more  than  one-half  of  the  votes 
usually  polled  at  a  general  election  in  times  of  party  contests,  and  this,  too,  notwithstanding 
in  very  many  counties  no  opposing  candidates  were  run.  The  -convention,  therefore,  repre 
sented  the  mass  of  the  people,  and  the  constitution  adopted  and  the  ordinances  passed  by 
that  body  are  founded  upon  the  consent  of  the  people  of  the  State,  regularly  expressed  by 
and  through  their  delegates  duly  elected. 

The  convention  incorporated  into  the  constitution  a  clause  declaring  that  ';  neither  slavery 
nor  involuntary  servitude  shall  in  future  exist  in  this  State,  except  as  a  punishment  Tor  crime, 
whereof  the  party  shall  have  been  convicted  by  the  courts  of  this  state,  and  that  all  the 
inhabitants  of  the  State,  without  distinction  of  color,  are  free,  and  shall  enjoy  the  rights  ot 
person  and  property  without  distinction  of  color;  and  that  in  all  criminal  proceedings, 
founded  upon  an  injury  to  a  colored  person,  and  in  all  cases  affecting  the  rights  and  reme 
dies  of  colored  persons,  no  person  shall  be  incompetent  to  testify  as  a  witness  on  account  ol 
color."  It  opened  the  courts  of  justice  alike  to  all  persons.  It  repudiated  the  State  debt 
contracted  in  support  of  the  rebellion,  and  annulled  the  ordinance  of  secession.  This  action 
of  the  convention  was  at  the  time  eminently  satisfactory  to  me,  and  I  have  reason  to  believe 


1 2  RECONSTRUCTION. 

• 

has  proved  so  to  the  President.  It  is  under  this  constitution,  the  fundamental  law  of  the 
State,  that  you  are  now  assembled,  and  the  government  is  being  organized.  It  is  this  con 
stitution  that  you  have  sworn  to  support. 

Soon  after  the  convention  adjourned,  at  its  request  and  by  virtue  of  its  authority  I  directed 
the  civil  officers  of  the  government  to  resume  the  exercise  of  the  functions  of  their  respective 
offices,  which  had  been  hitherto  and  for  some  months  previous  suspended.  The  civil  law 
governs  in  the  State  at  the  present  time  in  all  matters  except  in  the  trial  and  punishment  of 
certain  high  crimes,  reserved  for  the  present  to  the  military  authorities.  I  also  issued  a  proc 
lamation,  at  the  request  of  the  convention,  directing  the  militia  of  the  State  to  be  organized, 
and  inviting  the  formation  of  volunteer  companies  to  be  employed,  if  the  occasion  should 
require  it,  in  the  support  of  the  eivil  authorities,  and  the  preservation  of  the,public  peace  and 
order.  It  is  not  intended,  however,  that  the  militia  or  volunteer  troops  shall  appear  under 
arms  before  they  have  received  special  orders  from  myself  or  the  constitutional  governor, 
unless  in  some  unforeseen  case  of  justifiable  necessity.  "The  admirable  disposition  made  of 
the.  white  troops  of  the  United  States  by  the  general  in  command  will  secure  the  peace  and 
quiet  of  the  State,  if  the  civil  authorities  do  their  duty,  as  I  have  no  doubt  they  will.  The 
colored  troops  have  nearly  all  been  removed  from  the  interior  of  the  State  to  the  seaboard, 
and  I  am  assured  that  the  remainder  will  be  just  as  soon  as  the  interest  of  the  public  service 
will  permit  it. 

It  is  under  these  circumstances,  and  at  this  point  in  the  progress  of  the  reconstruction  of 
the  State  government,  that  I  have  the  honor  and  the  very  great  pleasure  to  present  to  you  the 
honorable  David  S.  Walker,  lately  elected  by  the  qualified  voters  of  the  State  to  be  its  constitu 
tional  governor  for  the  next  four  years.  The  admirable  qualifications  of  Governor  Walker 
for  this  important  office  have  been  recognized  by  the  people  by  his  unanimous  election.  It 
would,  therefore,  be  but  idle  vanity  in  me  to  suppose  that  I  can  say  anything  which  would 
recommend  him  more  fully  to  the  respect  and  confidence  of  the  general  assembly  or  the 
people.  I  know,  gentlemen,  that  you  will  appreciate  his  good  sense,  his  intelligence,  his 
equanimity  of  temper,  his  integrity  of  character,  and,  above  all,  his  sincere  and  earnest  love 
of  justice,  a  quality  above  all  others  most  essential  in  the  character  of  the  chief  magistrate 
of  the  State.  I  know,  too,  that  you  will  respect  his  official  character  and  give  earnest  atten 
tion  and  consideration  to  such  measures  as  he  may,  in  compliance  with  his  constitutional 
duty,  deem  it  expedient  to  recommend  to  you. 

The  State  government  enters  upon  its  new  career  under  circumstances  of  very  great  diffi 
culty  and  embarrassment.     The  people  are  left  by  the  war  greatly  impoverished,  and.  are  ill 
prepared  to  pay  taxes.     The  State  treasury  is  empty.     Taxes  upon  the  lands  of  the  State 
are  due  to  the  treasury  of  the  United  States  "to  the  extent  of  $77,5iiO,  less  a  small  part  here 
tofore  collected,   mostly  by  the  sale  of  lots  and  houses  at  St.  Augustine  and  Fernandina. 
The  labor  of  the  country  is  disorganized  and  demoralized,  and  the  whole  fabric  of  society 
more  or  less  disturbed  by  the  constant  friction  and  irritation  produced  by  this  novel  state  of 
things.     Martial  law  continues  to  exist  for  the  punishment  of  the  higher  crimes  and  offences, 
and  may  at  any  time  be  extended.     The  State  has  not  resumed  its  normal  and  constitutional 
relations  with  the  general  government,  and  it  depends  upon  the  action  of  Congress  whether 
it  may  immediately  be  permitted  to  do  so  or  not,     This  Congress  was  elected  at  a  time  when 
the  civil  war  was  raging,  and  whether  its  members  are  prepared  to  believe  in  the  sincerity  of 
our  avowed  declarations  when  we  declare  our  desires  to  be  represented  on  the  floor  of  Con 
gress,  and  to  abide  hereafter,  for  weal  or  woe,  whatever  fate  may  befall  the  nation,  is  more 
than  I  can  say.     But  our  condition  cannot  be  improved  by  folding  our  hands  and  sitting 
down  in  idle  despair.     We  need  to  look  calmly,  dispassionately,  and  earnestly  at  our  real 
and  true  condition,  and  realize  it  in  all  its  force,  and  then  we  ought  patiently,  enduringly, 
and  faithfully  to  labor  to  improve  it.     It  appears  to  me  that,  by  wise  legislation  and  a  just 
and  impartial  administration  and  enforcement  of  the  laws  which  shall  protect  and  secure  all 
persons  alike,  without  distinction  of  color,  in  all  their  just  rights  of  person  and  property, 
and  which  shall  give  an  easy  and  cheap  remedy  to  the  laborer  for  the  collection  of  his 
wages,  much  may  be  done  towards  restoring  confidence  and  kind  feelings  between  the  em 
ployer  and  the  employed,  and  encouraging  the  industry  of  the  country.     Let  the  laborer  be 
protected  against  impositions  upon  his  ignorance  in  making  his  contract,  so  that  he  shall 
fully  understand  it,  and  let  him  feel  fully  assured  that  he  has  an  easy  and  cheap  remedy  in 
the  courts  of  law  for  the  recovery  of,  his  wages  if  they  should  be  unjustly  withheld  from 
him,  and  many  white  and  colored  persons  will  be  inclined  to  enter  into  contracts  to  labor, 
who  would  not  otherwise  do  so.     It  is  all-important  to  the  successful  cultivation  of  corn  and 
cotton  that  the  planter  should  be  able  to  rely  at  all  times  upon  having  a  sufficient  number  of 
hands  in  hvs  service  to  make  and  gather  the  crop,  and  this  takes  nearly  or  quite  all  the  year. 
He  must  hire  his  laborers  by  the  year,  and  it  seems  to  me  that  in  the  present  condition  of 
the  laboring  force  in  this  country,  it  is  all-important  to  the  interest  of  the  country  that  he 
should  have  some  security  that  the  laborer  will  not  leave  his  employment  a,t  a  time  when  his 
services  are  most  needed.     The  ordinary  remedies  known  to  the  common  law  for  the  non- 
performance  of  a  contract  to  labor  afford  him  no  security,  for  the  laborer,  as  a  general  thing, 
has  no  goods  or  chattels,  lands  or  tenements,  to  levy  upon  under  an  execution.     It  seems 
that  some  remedy  ought  to  be  provided  by  the  legislature  in  such  ca,ses.     What  that  remedy- 
ought  to  be  may  tax  the  ingenuity  of  the  legislature  to  devise,  and  perhaps  it  will  only  be 


FLORIDA LOUISIANA TEXAS.  13 

learned  by  experience  ;  but  it  appears  to  me  that  it  would  be  wise  for  the  legislature  to  pro 
vide,  by  law,  that  where  the  laborer  has  entered  into  a  contract  in  writing  before  the  judge 
of  probate  or  a  justice  of  the  peace,  to  labor  upon  a  plantation  for  one  year  for  wages  or  a 
part  of  the  crop,  and  the  contract  specifies  the  wages  to  be  paid  and  the  food  to  be  given ; 
that  if  the  laborer  abandons  the  service  of  his  employer,  or  is  absent  therefrom  two  days 
without  the  leave  of  his  employer,  or  fails  without  just  cause  in  other  important  particulars 
to  perform  his  part  of  the  contract,  that  then  he  may  be  arrested  by  the  proper  tribunal,  and, 
if  found  guilty  on  a  hearing  of  the  case,  be  sentenced  to  labor  during  the  unexpired  term, 
without  pay,  upon  the  highways,  in  a  government  workshop,  or  upon  a  government  planta 
tion  to  be  rented  or  bougut  either  by  the  State  or  by  the  different  county  commissioners  in 
their  respective  counties,  and  there  subjected  to  such  oversight  and  discipline  as  may  be 
found  to  be  necessary. 

Much  may  be  done,  too,  to  stimulate  the  industry  of  the  country  and  protect  it  against 
pauperism,  by  passing  wise  laws  upon  the  subject  of  vagrants  and  providing  for  their  em 
ployment,  being  careful  not  to  include  in  this  class  persons  who  are  not  really  so. 

The  old  and  infirm,  who  are  destitute  and  incapable  of  supporting  themselves  by  labor, 
ought  to  be  supported  at  the  public  expense.  It  would  be  inhumane  and  anti-Christian  to 
leave  them  to  perish,  so  long  as  we  have  the  ability  to  prevent  it.  "  The  poor  ye  have 
always  with  you,"  said  our  Saviour.  They  are  his  gift  or  legacy  to  us,  for  the  trial  of  our 
faith  and  charity.  Let  us  accept  the  gift  with  grateful  hearts,  and  do  what  we  can  for  their 
support  and  comfort. 

There  are  many  children  in  this  State,  white  and  black,  who  are  deprived  of  their  parents, 
one  or  both,  or  whose  parents  are  incapable  of  supporting  and  educating  them  as  they 
ought  to  be.  These  should  be  apprenticed  until  they  are  twenty-one  years  of  age.  The 
law  on  this  subject  ought  to  be  carefully  guarded,  so  as  to  protect  the  apprentice  against  in 
justice  or  oppression.  It  ought  to  provide  that  the  apprentice  should  be  produced,  if  living, 
at  least  once  a  year  before  the  tribunal  that  binds  him  out,  which  should  be  authorized  to  re 
voke  the  articles  of  apprenticeship  on  account  of  any  gross  injustice  or  oppression  of  the 
master. 

The  material  wealth  and  prosperity  of  our  State,  in  the  present  condition  of  the  country, 
would  be  greatly  promoted,  in  my  judgment,  by  the  introduction  of  money  capital  from 
abroad,  to  be  employed  in  other  branches  of  industry  besides  agriculture.  More  and  dif 
ferent  avenues  of  labor  should  be  opened  in  order  to  give  employment  to  all  our  people. 
Every  healthy  man.  woman,  and  child  over  ten  years  of  age,  white  or  black,  is  capable  of 
doing  something  for  his  or  her  support.  But  many  persons  do  not  like  to  work  in  the  cot 
ton  or  corn  fields,  or  are  physically  incapable  of  it.  If  these  could  find  employment  in 
manufacturing  establishments,  or  in  mechanic  workshops,  it  would  be  a  great  advantage  to 
them  and  a  profit  to  the  State.  We  are  not  prepared  by  any  means  and  all  at  once  to  engage 
in  an  extensive  system  of  manufacturing  ;  but  we  are,  in  my  opinion,  prepared  to  manufac 
ture  all  of  our  leather.  Hides,  oak  bark,  and  rivulets  of  water  are  on  hand  to  supply  tan 
neries.  We  ought  to  make  all  our  own  boots  and  shoes,  saddles  and  harness.  We  can 
manufacture,  too,  to  advantage,  the  coarser  cotton  and  woollen  fabrics.  We  ought  to  make 
all  of  our  ploughs,  harrows,  cultivators,  carts,  and  wagons.  The  forests  are  filled  with 
beautiful  wood,  suitable  to  the  manufacture  of  cabinet  wares,  bureaus,  tables,  chairs,  sofas, 
&c.  The  forests  supply,  too,  moss  for  mattresses  and  other  purposes,  and  abound  in  live 
oak,  cedar,  pine,  and  other  valuable  woods.  Indeed,  capital  from  abroad  is  flowing  rapidly 
into  our  State,  to  be  employed  in  the  manufacture  of  lumber.  I  am  glad  to  see  it,  but  I  wish 
to  see  the  labor  of  the  country  still  more  diversified,  so  that  all  may  be  without  excuse  for 
their  idleness.  Labor  is  the  law  of  our  existence.  *r~ 

I  know  of  no  sure  and  certain  way  of  replenishing  the  exhausted  treasury  of  the  State  but 
by  taxation.  It  would  be  a  great  relief  to  the  people  of  our  State  if  Congress  would 
authorize  the  postponement  of  the  collection  of  the  direct  tax  due  to  the  United  States  for  a 
year  or  two,  and  allow  the  State  ia  the  mean  time  to  assume  the  debt  and  collect  it  through 
its  own  tax  collectors.  It  is  possible,  too,  that  a  temporary  loan  for  a  small  amount  for 
present  use  can  be  effected  at  home  or  in  the  northern  cities. 

In  regard  to  the  re-establishment  of  our  constitutional  and  normal  relations  with  the  gen 
eral  government  at  an  early  day,  much  depends,-  in  my  judgment,  upon  the  action  of  the 
present  legislature  and  upon  the  spirit  and  temper  of  the  people  in  the  different  parts  of  the 
State.  The  legislature  must  ratify  the  proposed  amendment  to  the  Constitution  of  the 
United  States  for  the  abolition  of  slavery  throughout  the  country.  Slavery  is  abolished  in 
all  the  southern  States,  and  no  intelligent  man  expects  to  see  it  re-established.  The 
general  assembly  can  have,  therefore,  no  reasonable  objection  to  the  ratification  of  this  pro 
posed  amendment,  and  I  should  be  glad  to  see  it  done ;  not  because  the  President  desires  it, 
though  he  ardently  does,  but  because  in  the  present  condition  of  the  country  it  is  right 
and  proper  in  itself,  and  necessary  to  the  general  pacification  of  the  country.  This  done, 
I  think,  so  far  as  I  can  judge,  that  the  President  will  permit  the  State  goverment  to  go  on 
and  exercise  its  proper  powers  and  perform  its  proper  duties.  Whether  Congress  will 
allow  our  senators  and  representatives  to  take  their  seats  without  some  discussion  and  delay, 
I  have  no  means  of  knowing.  Much  may  depend  upon  the  opinion  that  body  may  form  on 
the  subject  of  the  willingness  and  the  ability  of  the  State  government  to  protect  all  the  in- 


14  HECONSTRUCTIOX. 

habitants  of  the  State  in  the  enjoyment  of  their  just  rights,  without  distinction  of  class  or 
color,  and  without  regard  to  the  part  each  may  have  taken  in  the  late  civil  war.  And 
this  depends  upon  the  spirit  and  temper  of  the  people  in  different  parts  of  the  State,  and 
mainly  upon  the  disposition  of  the  justices  of  the  peace,  sheriffs,  and  jurors,  to  do  their  duty 
impartially,  according  to  law.  It  must  be  borne  in  mind  that  the  faith  of  the  nation  fs 
pledged  for  the  protection  of  the  freedmen  in  all  their  proper  rights  of  freedom.  It  is  also 
pledged  for  the  protection  of  that  class  of  our  fellow-citizens  who  remained  loyal  to  the 
Union  during  the  war,  and  particularly  to  those  who  entered  into  the  military  service  of  the 
United  States.  These  are  in  a  minority  in  the  State. 

If  by  the  passage  of  wise  laws  and  their  impartial  execution  we  can  give  assurances  that 
these  persons  will  receive  equal  and  fair  protection  with  others,  I  think  we  may  look 
forward  hopefully  to  the  early  admission  of  our  senators  and  representatives  on  the  floor  of 
Congress. 

It  is  every  way  the  interest,  and  I  believe  the  sincere  desire,  of  the  people  of.  this  State 
that  the  controversy  pending  with  the  government  and  people  of  the  United  States  should  be 
settled  on  fair  and  honorable  terms.  Let  us  therefore  do  everything  which  we  honorably 
can  to  settle  it  upon  a  solid  and  durable  basis.  Let  us  cultivate,  too,  sentiments  of 
nationality  and  love  of  the  whole  country  from  Maine  to  Texas,  and  from  the  Atlantic  to  the 
Pacific.  We  are  Floridians,  and  we  ought  to  be  thankful  that  our  lots  have  fallen  to  us  in 
so  pleasant  a  land.  But  are  we  not  Americans,  also,  and  have  we  not  an  interest  in  the 
whole  country  ?  And  should  we  give  up  or  throw  away  our  birthright,  our  inheritance,  in 
this  great  country,  and  not  love  it,  and  no  tbe  proud  of  it,  because  we  were  born  in  or  prefer 
to  live  in  this  State  rather  than  another?  Peace  has  its  victories  as  well  as  war.  The 
bravery  and  gallantry  of  our  troops  in  war  is  known  and  acknowledged  by  the  whole 
American  people.  But  a  brave  people  is  also  a  generous  people.  The  war  over,  they  forget 
the  causes  of  the  war  and  the  war  itself,  and  make  friends  of  their  enemies.  Let  us  do  our 
part  to  re-establish  kind  and  friendly  relations.  At  least  let  us  not  indulge  the  idle  fancy 
of  loving  or  hating  one  man  rather  than  another  for  no  other  reason  than  because  he  hap 
pened  to  be  born  in  one  section  of  the  country  rather  than  another.  What  matters  it  to  you 
or  to  me  whether  his  infant  years  first  opened  to  the  sound  of  the  whistling,  freezing  winds 
on  the  granite  hills  of  New  Hampshire,  or  to  the  sound  of  the  JEolian  harp  playing  in  the 
warm  sunshine  among  the  tops  of  our  beautiful  pines  in  Florida?  It  is  the  man  himself, 
not  the  place  where  he  was  born,  which  concerns  us.  The  prejudiced  Jews  failed  to 
discover  anything  good  in  our  Saviour,  because  he  came  out  of  Nazareth.  Let  us  not  imi 
tate  their  example,  but,  on  the  contrary,  set  an  example  of  charity  and  liberalify  to  our 
northern  brethren.  Our  people  are  freer,  probably,  from  indulging  in  this  idle  whim  than 
the  people  of  any  other  State  in  the  Union,  for  they  are  made  up  in  a  large  degree  of  immi 
grants  from  all  the  States,  and  they  have  learned  that  worth  and  merit,  or  prejudice  and 
meanness,  do  not  belong  exclusively  to  any  one  portion  of  these  United  States.  Above  all, 
let  us  conscientiously  do  what  is  right  ourselves  and  leave  events  to  the  control  of  Him  who 
governs  the  nations  of  the  earth,  and  at  the  same  time  numbers  the  hairs  of  our  head. 

A  new  constitution  in  harmony  with  the  existing  order  of  things  having  been  adopted,  and 
an  election  held  under  it  for  a  governor,  members  of  the  general  assembly,  and  most  of  the 
civil  officers  of  tho  government,  upon  the  completion  of  the  inauguration  now  going  on 
and  the  passage  of  a  resolution  ratifying  the  proposed  amendment  to  the  Constitution  of  the 
United  States,  the  objects  of  my  appointment  will  hare  been  mainly,  if  not  wholly,  accom 
plished,  and  I  shall*  expect  to  receive  in  a  few  days,  if  the  ratification  passes,  the  formal 
leave  of  the  President  to  retire  from  tho  post  assigned  me.  The  labors  of  the  office,  for  a 
considerable  number  of  months  after  I  first  assumed  its  duties,  were  very  severe.  The 
property  of  many  of  the  inhabitants  had  been  seized  for  confiscation  or  actually  confiscated, 
the  property  of  others  was  held  as  captured  or  abandoned,  and  the  property  of  others  had 
been  sold  for  tho  non-payment  of  taxes  which  they  had  had  no  opportunity  of  paying. 
Everybody  seemed  to  be  in  trouble.  Tho  limitations  imposed  on  the  powers  of  the  pro 
visional  governor  wore  not  generally  known.  It  was  often  supposed  that  he  could  do  every 
thing,  though  he  possessed  really  little  or  no  power. 

All  these  persons  naturally  applied  to  me  for  advice  or  assistance.  Whenever  1  could  not 
give  the  relief  sought,  I  applied  to  the  commanding  general  of  the  department,  or  in  his 
absence  to  the  general  in  command  of  the  district,  or,  if  the  case  required  it,  to  the  Commis 
sioner  of  the  Freedmen's  Bureau.  These  gentlemen  I  always  found  ready  to  listen  to  the 
many  tales  of  distress  produced  by  the  war,  and  cheerfully  responded  to  the  claims  of 
humanity  and  justice'whenever  it  was  in  their  power. 

In  all  my  labors  I  have  constantly  been  cheered  by  manifest  signs  among  the  people  of  a 
returning  sense  of  attachment  to  the  old  Union,  and  by  the  prospect  of  soon  seeing  the  State 
of  my  adoption  and  of  my  affection  restored  to  her  true  position  among  her  sister  States, 
respected  as  an  equal,  and  cherished  as  a  friend.  Taught  wisdom  by  experience,  may  she 
find  in  the  Union,  for  unnumbered  ages  yet  to  come,  that  security,  contentment,  and  repose 
which  she  in  vain  sought  for  elsewhere.  And  may  her  children  and  children's  children  yet 
unborn,  as  they  read  the  instructive  lessons  of  this  day,  learn  to  avoid  the  rock  on  which 
she  split,  and  cling  to  the  Union  of  these  StatevS  as  the  sheet-anchor  of  our  peace  and  safety  at 
home  and  of  our  character  and  respectability  abroad. 


FLORIDA LOUISIANA — TEXAS.  15 


Inaugural  address  of  the  Hon.  D.  S.  Walker,  governor  elect,  delivered  before  the  general  as 
sembly  of  the  State  of  Florida,  at  Tallahassee,  December  20,  1865.  fc 

Gentlemen  of  the  Senate  and  House  of  Representatives  : 

From  the  beginning  it  has  been  the  custom  in  the  States  of  our  Union  for  the  governor 
elect  to  improve  the  occasion  of  his  inauguration  by  making  such  remarks  as  existing  cir 
cumstances  might  suggest,  and  by  recommending  the  adpption  of  such  measures  as  the  good 
of  the  country  might  require.  In  compliance  with  this  time-honored  custom,  I  now  ad 
dress  you. 

By  failing  to  regard  the  disinterested  warnings  of  the  "Father  of  his  Country"  against 
"  the  baneful  effects  of  the  spirit  of  party,"  and  particularly  "when  founded  on  geographical 
discriminations,"  by  omitting,  as  he  adVised,  to  remember  that  "the  jealousy  of  a  free  peo 
ple  ought. to  be  constantly  awake  against  the  insidious  wiles  of  foreign  influence,"  and  by 
neglecting,  as  he  recommended,  "to  frown  indignantly  upon  the  first  dawning  of  every  at 
tempt  to  alienate  any  portion  of  our  country  from  the  rest,  or  to  enfeeble  the  sacred  ties  which 
now  link  together  the  various  parts,"  the  people  of  the  United  States,  nearly  five  years  ago, 
became  involved  in  the  terrific  civil  strife  which  has  but  recently  ended.  "We  now  hope  that 
by  a  strict  adherence  to  his  advice  "the  unity  of  government  which  constitutes  us  one  peo 
ple"  will  again  become  "dear  to  us,"  and  that  in  all  future  time  we  will  regard  it  as  "a 
main  pillar  in  tho  edifice  of  our  real  independence,  the  support  of  our  tranquillity  at  home, 
our  peace  abroad,  of  our  safety,  of  our  prosperity,  of  that  very  liberty  we  so  highly  prize." 

To  repair  the  waste  of  war;  to  restore  the  States  to  their  proper  relations  with  the  Union  ; 
to  bring  about  an  era  of  good  feeling  and  fraternity;  to  re-establish  the  government  on  the 
principles  of  the  Constitution,  and  to  perpetuate  our  unity  by  securing  all  that  makes  it  de 
sirable,  are  now  objects  of  primary  desire  with  all  patriotic  and  honest  men  north  and  south, 
east  and  west. 

But  it  is  more  particularly  of  our  duties  as  citizens  of  Florida  that  I  would  speak. 

And,  in  the  first  place,  as  we  are  now  renewing  our  relations  of  friendship  and  union  with  the 
States  of  the  north,  let  us  be  particular  to  abolish  all  points  of  difference  among  ourselves. 
During  the  late  unhappy  conflict  some  of  us  were  known  as  Union  men,  some  as  constitu 
tional  secessionists,  and  others  as  revolutionists.  A  glorious  opportunity  is  now  afforded  to 
fling  away  these  names,  and  with  them  the  strifes  they  have  engendered,  and  to  meet,  as 
brethren  ought  to  meet,  upon  the  platform  of  the  Constitution  which  our  fathers  made  for  us 
in  1787. .  If  I  shall  be  permitted  to  administer  the  government,  I  shall  know  no  distinctions 
between  citizens  on  account  of  past  political  differences. 

I  will  not  condemn  the  Union  man,  becaiise  I  know  from  experience  how  completely  the 
love  of  the  Union  becomes  a  part  of  our  very  existence,  and  how  it  is  endeared  to  us  by  a 
thousand  glorious  recollections,  and  as  many  brilliant  anticipations.  I  know  that  the  heart 
of  Florida's  greatest  and  most  renowned  citizen  was  literally  broken  by  the  severence  of  the 
Union. 

Nor  will  I  condemn  the  constitutional  secessionist,  because  I  know  that,  though  he  differed 
from  me,  his  side  of  the  question  was  supported  by  arguments,  if  not  unanswerable,  yet  of 
great  plausibility,  and  by  the  authority  of  many  of  the  greatest  names  that  this  country  has 
ever  produced.  * 

Nor  yet  will  I  condemn  the  revolutionist,  for  I  know  that  he,  though  originally  opposed  to 
secession,  went  into  tho  war,  after  the  fact  was  done,  upon  tfee  conviction  that  it  was  no 
longer  an  open  question,  and  that  it  was  the  duty  of  every  man  to  stand  or  fall  with  his  own 
section. 

In  fact,  the  great  questions  connected  with  the  integrity  of  the  Union  were  before  the  war 
so  unsettled,  and  the  opinions  of  great  men  so  varied,  that  it  required  a  man  greatly  supe 
rior  to  myself  to  say  with  certainty  who  was  right  and  who  was  wrong.  Seeing  the  different 
luminaries  which  guided  our  people,  I  am  not  astonished  that  the  very  best  men  in  our  land 
were  found  arrayed. in  opposing  ranks. 

I  need  not  enumerate  the  host  of  great  men  who  stood  with  the  immortal  Clay  for  the  in 
tegrity  of  the  Union  and  against  the  doctrine  of  secession. 

The  logic  of  events  has  proved  that  they  were  right.  But  among  those  who  held  the  con 
trary  doctrine,  that  a  State  might  secede  from  the  Union  without  an  infraction  of  the  federal 
Constitution,  we  find  the  names  of  such  m£n  as  Mr.  Rawle,  a  distinguished  lawyer  of  Pennsyl 
vania,  to  whom  General  Washington  more  than  once  tendered  the  office  of  Attorney  General 
of  the  United  States;  John  Randolph,  of  Roanoke ;  Nathaniel  Macon,  of  North  Carolina; 
Mr.  Calhoun,  of  South  Carolina  ;  P.  P.  Barbour,  a  late  justice  of  the  Supreme  Court  of  the 
United  States,  and  Judge  McKean,  a  late  chief  justice  of  the  supreme  court  of  Pennsylvania. 

Those  who  advocated  the  right  of  revolution  quoted  the  remark  of  Mr.  Webster,  that  "a 
bargain  broken  on  one  side  was  broken  on  all  sides,  and  that  if  the  north  should  not  obey 
the  Constitution  in  regard  to  the  rendition  of  fugitive  slaves,  the  south  would*  no  longer  be 
bound  by  the  compact."  Mr.  Greeley,  then,  as  now,  a  great  leader  of  northern  sentiment, 
had  said  that  "he  could  not  see  how  twenty  millions  of  people  could  rightfully  hold  ten,  or 
even  five,  in  a  Union  with  them  by  military  force ;"  and  again,  "  that  if  seven  or  eight  States 
should  send  agents  to  Washington  to  say  'we  want  to  get  out  of  the  Union,'  he  should  feel 


16  RECONSTRUCTION. 

constrained  by  bis  devotion  to  human  rights  to  say,  let  them  go."  In  this  connexion  he  also 
quoted  the  Declaration  of  Independence,  that  "  governments  are  instituted  for  the  benefit  of 
the  governed;  and  that  when  any  form  of  government  becomes  destructive  of  these  end.s, 
it  is  the  right  of  the  people  to  alter  or  abolish  it,  and  to  institute  a  new  government,"  &c. 
Mr.  Lincoln,  prior  to  his  first  election,  had  acknowledged  this  principle,  with  the  addition, 
that  not  only  a  people,  but  any  part  of  a  people,  being  sufficient  in  numbers  to  make  a  re 
spectable  government,  might  set  up  for  themselves.  Mr.  Tyler,  a  late  President  of  th<; 
United  States,  held  to  the  doctrine  of  secession,  and  Mr.  Buchanan,  the  then  President  of  the 
United  States,  said,  just  before  the  commencement  of  the  war,  that  while  he  thought  a  State 
had  no  right  to  leave  the  Union;  yet  if  she  should  leave  it,  the  remaining  States  would  have 
no  right  to  coerce  her  return. 

Amidst  these  various  and  conflicting  views,  all  supported  by  the  highest  authority,  it  is 
no  wonder  that^our  people  should  have  become  bewildered,  or  that,  being  forbidden  by  the 
stress  of  events  to  remain  neutral,  some  should  have  adhered  to  the  Union  and  others  to  the 
State. 

For  these  reasons  I  repeat,  that  if  I  shall  be  permitted  to  administer  the  government,  I 
shall  know  no  distinction  between  citizens  on  account  of  past  political  differences.  I  shall 
take  it  for  granted  that  all  have  done  what  they  conceived  to  bo  their  duty  under  the  circum 
stances,  and  the  only  question  I  shall  ask  concerning  any  one  presented  to  me  for  position 
will  be,  "  Is  he  honest;  is  he  capable ;  is  he  attached  to  the  principles  of  the  Constitution  of 
the  United  States  and  the  constitution  of  the  State  of  Florida?"  All  shall  have  the  equal 
benefit  of  the  laws,  and,  as  Heaven  is  my  judge,  all  shall  equally  suffer  the  keenest  penalty 
of  the  laws  for  any  infraction  thereof.  Law  and  order  shall  be  maintained. 

I  am  happy  to  believe  that  this  declaration  meets  with  the  general  approbation  of  our 
people.  Already  they  have  given  the  most  gratifying  indications  that  they  hold  the  same 
opinion  with  myself  on  this  subject.  All  over  the  State  I  hear  of  citizens,  who  were  recently 
in  hostility,  now  forming  business  associations,  and  getting  along  most  harmoniously;  and 
in  our  constitutional  convention,  just  adjourned,  I  saw  gentlemen  who  had  served  in  the 
army  of  the  United  States,  and  gentlemen  who  had  served  in  the  army  of  the  Confed 
erate  States,  sitting  side  by  side,  consulting  only  for  the  good  of  the  Union,  and  the  State  as 
one  of  its  members. 

Having  spoken  of  the  relations  which  ought  to  exist,  and  which  for  the  most  part  do  exist 
among  the  white  people  of  the  State,  I  now  naturally  come  to  speak  of  the  feelings  which 
ought  to  be  cherished,  and  the  policy  which  ought  to  be  pursued,  towards  our  colored  popu 
lation. 

I  think  we  are  bound  by  every  consideration  of  duty,  gratitude,  and  interest,  to  make 
these  people  as  enlightened,  prosperous,  and  happy  as  their  new  situation  will  admit.  For 
generations  past  they  have  been  our  faithful,  contented,  and  happy  slaves.  They  have  been 
attached  to  our  persons  and  our  fortunes,  sharing  with  us  all  our  feelings — rejoicing  "with  us  in 
our  prosperity,  mourning  with  us  in  our  adversity.  If  there  were  exceptions  to  this  general 
rule,  they  were  only  indh  idual  exceptions.  Every  southern  man  who  hears  me  knows  that 
what  I  say  is  literally  true  in  regard  to  the  vast  mass  of  our  colored  population.  The  world 
has  never  before  seen  such  a  body  of  slaves,  for  not  only  in  peace,  but  in  war,  they  have 
been  faithful  to  us.  During  much  of  the  time  of  the  late  unhappy  difficulties  Florida  had 
a  greater  number  of  men  in  tfee  army  beyond  her  limits  than  constituted  her  entire  voting 
population.  This  of  course  stripped  many  districts  of  their  entire  arms-bearing  inhabitants, 
and  left  our  females  and  infant  children  almost  exclusively  to  the  protection  of  our  slaves. 
They  proved  true  to  their  trust.  Not  one  instance  of  insult,  outrage,  or  indignity  has  ever 
come  to  my  knowledge.  They  remained  at  home  and  made  provisions  for  our  army.  Many 
of  them  went  with  our  sons  to  the  army,  and  there,  too,  proved  their  fidelity,  attending  them 
when  well,  nursing  and  caring  for  them  when  sick  and  wounded.  We  all  know  that  many 
of  them  were  willing,  and  some  of  them  anxious,  to  take  up  arms  in  our  cause.  Although 
for  several  years  within  sound  of  the  guns  of  the  vessels  of  the  United  States  for  six  hun 
dred  miles  along  our  seaboard,  yet  scarcely  one  in  a  thousand  voluntarily  left  our  agricultural 
service  to  take  shelter  and  freedom  under  the  flag  of  the  Union.  It  is  not  their  fault  that 
they  are  free ;  they  had  nothing  to  do  with  it ;  that  was  brought  about  by  "the  results  and 
operations  of  the  war." 

But  they  are  free.  They  are  no  longer  our  contented  and  happy  slaves,  with  an  abun 
dant  supply  of  food  and  clothing  for  themselves  ayd  families,  and  the  intelligence  of  a  supe 
rior  race  to  look  ahead  and  make  all  necessary  arrangements  for  their  comfort.  They  are 
now  a  discontented  arid  unhappy  people,  many  of  them  houseless  and  homeless,  roaming 
about  in  gangs  over  the  laud,  not  knowing  one  day  where  the  supplies  for  the  next  are  to 
come  from ;  exposed  to  the  ravages  of  disease  and  famine;  exposed  to  the  temptations  of 
theft  and  robbery,  by  which  they  are  too  often  overcome ;  without  the  intelligence  to  pro 
vide  for  themselves  when  well,  or  to  care  for  themselves  when  sick,  and  doomed  to  untold 
sufferings  and  ultimate  extinction  unless  we  intervene  for  their  protection  and  preservation. 
Will  we  do  it  ?  I  repeat,  we  are  bound  to  do  it  by  every  consideration  of  duty,  gratitude, 
and  interest. 

Much  has  been  said  of  late  about  the  importation  of  white  labor  from  Germany,  Ireland, 
Italy,  and  other  countries,  and  with  proper  limitations  and  restrictions  I  am  in  favor  ot  it  • 


FLORIDA — LOUISIANA TEXAS.  1 7 

but  let  us  always  remember  that  we  have  a  laboring  class  of  our  own,  which  is  entitled  to 
the  preference.  It  is  not  sufficient  to  say  that  white  labor  is  cheaper.  I  trust  we  are  not  yet 
so  far  degraded  as  to  consult  interest  alone.  But  interest  alone  would  dictate  that  it  is  better 
to  give  these  people  employment,  and  enable  them  to  support  themselves,  than  have  them 
remain  upon  our  hands  as  a  pauper  race  ;  for  here  they  are,  and  here,  for  weal  or  woe,  they 
are  obliged  to  stay.  We  must  remember  that  these  black  people  are  natives  of  this  country, 
and  have  a  pre-emption  right  to  be  the  recipients  of  whatever  favors  we  may  have  to  bestow. 
We  must  protect  them,  if  not  against  the  competition,  at  any  rate  against  the  exactions  of 
white  immigrants.  They  will  expect  our  black  laborers  to  do  as  much  work  in  this  climate 
as  they  have  been  accustomed  to  see  white  ones  perform  in  more  northern  latitudes.  We 
know  that  they  cannot  do  it.  They  never  did  it  for  us  as  slaves,  and  the  experience  of  the 
last  six  months  shows  that  they  will  do  no  better  as  freedmen.  Our  fathers  of  1783  knew 
that  it  takes  five  black  men  to  do  the  work  of  three  white  ones,  and,  consequently,  in  ad 
justing  the  apportionment  of  taxes  upon  the  basis  of  the  labor  and  industry  of  the  country, 
eleven  of  the  thirteen  States  of  the  old  Confederation  recommended  that  every  five  blacks 
be  counted  as  only  three.  The  same  rule  was  afterwards  adopled  in  the  Constitution  of 
1787  in  regard  to  representation.  But  I  fear  those  who  may  migrate  hither  from  Europe  or 
elsewhere  will  be  immmclful  of  this  fact.  We  ought  not  to  forget  it,  and  between  foreign. 
and  black  labor  we  ought  always  to  give  the  preference  to  the  latter  when  we  can  possibly 
make  it  available.  And  if  we  can  offer  sufficient  inducements,  I  am  inclined  to  think  that 
the  black  man,  as  a  field  laborer,  in  our  climate,  will  prove  more  efficient  than  the  imported 
white. 

We  ought  to  encourage  our  colored  people  to  virtue  and  industry  by  all  the  means  in  our 
power.  We  ought  to  protect  them  in  all  their  rights,  both  of  person  and  property,  as  fully 
as  we  do  the  whites. 

This  is  the  VICAV  taken  by  our  recent  State  convention.  After  recognizing  the  fact  that 
they  are  free,  and  declaring  that  slavery  shall  never  hereafter  exist  in  this  State,  they  pro 
ceed  to  open  to  them  all  the  courts  of  justice,  and  admit  them  as  witnesses  "  in  all  criminal 
proceedings  founded  upon  an  injury  to  a  colored  person,  and  in  all  cases  affecting  the  rights 
and  remedies  of  a  colored  person." 

I  trust,  gentlemen,  that  this  action  meets  your  approbation,  and  that  you  will  take  great 
cave  not  only  not  to  discriminate  in  your  legislation  against  the  colored  race,  but  that  you 
will  so  shape  your  enactments  as  to  promote  their  welfare  and  happiness  to  the  fullest  possi 
ble  extent. 

Considering  their  ignorance  and  liability  to  be  imposed  upon,  I  think  it  would  be  well^  for 
you  to  provide  that  they  shall  be  bound  by  no  contiact  to  labor  unless  the  same  be  reduced 
to  writing  and 'acknowledged  before  some  judicial  officer;  that  a  speedy  remedy  be  given 
them  to  collect  their  wages,  and  that  they  recover  damages  when  dismissed  without  good 
cause.  And,  on  the  other  hand,  considering  how  essential  it  is  to  the  successful  cultivation 
of  our  great  staples  that  those  who  engage  as  laborers  should  remain  throughout  the  whole 
period  of  service  contracted  for,  I  recommend  that  a  violation,  without  good  cause,  of  any 
contract,  once  fairly  entered  into,  either  by  black  or  white  laborers,  be  made  a  misdemeanor, 
and  punishable  with  such  penalties  as  will  prevent  the  evil. 

I  now  invite  your  attention  to  our  relations  with  the  federal  government. 

Thus  far  our  people  have  manifested  their  loyalty  and  desire  to  return  to  the  Union,  by 
doing  all  that  the  government  was  understood  to  desire.  They  have  taken  the  oath  pre 
scribed  in  the  proclamation  of  the  President,  "to  support  the  Constitution  of  the  United 
States,  and  the  union  of  the  States  thereunder,  and  to  abide  by  and  fa:lhiully  support  all 
laws  and  proclamations  which  have  been  made  dining  the  existing  rebellion  with  reference 
to  the  emancipation  of  slaves."  They  have  held  an  election,  under  the  proclamation  of  the 
provisional  governor,  for  members  of  a  State  convention.  That  convention  has  annulled  the 
ordinance  of  secession.  It  has  repudiated  all  debts  contracted  by  the  S:ate  since  the  date  of 
thi'  secession.  It  has  declared  that  all  Those  who  were  slaves  are  now  free.  It  has  opened 
to  them  all  th*  courts.  It  has  admitted  them  as  witnesses  in  all  cases  in  which  they  are  in- 
t'Tc  led.  And,  in  short,  they  have  left  nothing  undone  which  they  understood  the  govern 
ment  to  desire. 

At  the  conclusion  of  the  session  of  the  convention,  our  much  esteemed  provisional  gover 
nor,  \vho  represents  the  President,  and  so  deservedly  possesses  his  confidence  as  wt-11  as  that 
of  our  people,  appeared  before  that  body  and  said:  "  I  congratulate  you  upon  the  termina 
tion  of  your  labors.  The  result  of  them  merits  and  receives  my  entire  approbation  as  pro- 
vifcitjual  governor.  As  a  citizen  of  the  State,  I  approve  of  nearly  ail  that  you  have  done. 
Speaking,  however,  merely  as  any  other  citizen,  I  confess  that  some  of  your  action  I  could 
oave  preferred  to  have  been  different.  But,  as  provisional  governor,  I  am  entiniy  satisfied 
ictik  u:- hat  you  hare  done.  You  have  done  everything  that  hi  my  official  capacity  I  asked  you 
to  do.  I  asked  nothing  but  what  was  right.  You  have  done  it  all,  and  m  the  right  .spirit. 
Your  action  in  regard  to  negro  testimony  receives  my  especial  commendation  You  have 
met  the  issue  fairly  and  fully,  and  have  done  all  that  could  have  been  desired.  The  conven 
tions  of  other  States  have  evaded  it  by  transferring  it  to  their  legislatures.  1  hope  they  will 
be  successful  and  prosperous,  but  feel  that  the  action  of  Florida,  so  fuljy  in  accordance  with 
the  wishes  of  the  President,  will  place  her  in  a  better  situation  than  th-irs.  With  such  a 
2  F  L  T 


18  RECONSTRUCTION. 

constitution  as  you  have  adopted,  there  can  be  no  reason  to  doubt  the  admission  of  your  rep 
resentative  and  senators  into  the  Congress  of  the  United  States." 

Thus  \vc  have  the  indorsement  of  the  government  itself  upon  the  action  of  our  conven 
tion,  that  "they  have  done  all  that  could  have  been  desired,  and  in  the  right  spirit." 

Yes,  gentlemen,  the  convention  did  all  that  it  could  do.  And  now  one  thing  remain.-s  for 
the  legislature  to  do  which  the  convention  could  not,  do,  and  that  is  to  ratify  the  pn<pi>.-.-.l 
amendment  to  the  Constitution  of  the  United  States,  which  reads  as  follows  : 

"  First.  Neither  slavery  nor  involuntary  servitude,  except  as  a  punishment  for  crime, 
whereof  the  party  shall  have  been  duly  convicted,  shall  exist  within  the  United  States,  or  any 
place  subject  to  their  jurisdiction.  Second.  And  Congress  shall  have  power  to  entorce  this 
article  by  appropriate  legislation." 

I  cannot  better  give  you  the  reasons  why  this  amendment  should  be  adopted,  and  at  the 
same  time  the  true  meaning  of  the  second  clause  thereof,  than  by  repeating  to  you  a  portion 
of  the  correspondence  which  recently  took  place  between  the  President  and  the  provisional 
governor  of  South  Carolina. 

On  the  28th  of  October  last,  the  President  telegraphed  to  the  governor  as  follows : 

"  I  hope  your  legislature  will  have  no  hesitation  in  adopting  the  amendment  to  the  Consti 
tution  of  the  United  States  abolishing  slavery.  It  will  set  an  example  which  will  no  doubt  be 
followed  by  the  other  States,  and  place  South  Carolina  in  a  most  favorable  attitude  before 
the  nation.  I  trust  in  God  that  it  will  bo  done.  The  nation  and  State  will  then  be  left  free 
and  untrammelled  to  take  that  course  which  sound  policy,  wisdom  and  humanity  may 
suggest." 

Three  days  subsequently  the  President  telegraphed  to  the  governor  as  follows  : 

"  There  is  deep  interest  felt  as  to  what  course  the  legislature  will  take  in  regard  to  the 
adoption  of  the  amendment  of  the  Constitution  of  the  United  States  abolishing  slavery, 
and  the  assumption  of  debt  created  to  aid  in  the  rebellion  against  the  government  of  the 
United  States.  I  trust  in  God  that  the  restoration  of  the  Union  will  not  bo  defeated,  arid  ail 
that  has  so  far  been  well  done  thrown  away.  I  still  have  faith  that  all  will  come  out  right  yet. 
This  opportunity  ought  to  be  understood  and  appreciated  by  the  people  of  the  southern  States. 
If  I  know  my  own  heart  and  every  passion  which  enters  it,  it  is  my  desire  to  restore  the  bless 
ings  of  the  Union,  and  tie  up  and  heal  every  bleeding  wound  which  has  been  caused  by  the 
fratricidal  war.  Let  us  be  guided  by  love  and  wisdom  from  on  high,  and  union  and  peace 
will  once  more  reign  throughout  the  land." 

To.  these  telegraphic  despatches  the  provisional  governor  replied,  among  other  things, 
that  "  there  was  no  objection  to  the  adoption  of  the  proposed  amendment  to  the  federal  Con 
stitution,  except  an  apprehension  that  Congress  might,  under  the  second  section  of  that 
amendment,  claim  the  right  to  legislate  for  the  negro  after  slavery  was  abolished." 

To  this  the  Secretary  of  State  replied  on  the  6th  of  November,  stating,  among  other  things, 
as  follows : 

"  The  objection  which  you  mention  to  the  last  clause  of  the  constitutional  amendment  is 
regarded  as  querulous  and  unreasonable,  because  that  clause  is  really  restraining  in  its  effects 
instead  of  enlarging  the  power  of  Congress.  The  President  considers  the  acceptance  of 
the  amendment  by  South  Carolina  as  indispensable  to  a  restoration  of  her  relations  with, 
the  other  States  of  the  Union." 

The  President  of  the  United  States,  the  Attorney  General  and  the  Secretary  of  State,  are 
all  understood  to  concur  in  this  obvious  meaning  of  the  proposed  amendment,  and  with  this 
understanding  I  earnestly  recommend  it  to  your  adoption.  Congress  can  only  enforce,  "  by 
appropriate  legislation,"  the  non-existence  of  slavery.  This  being  done,  their  power  is  ex 
hausted,  and  "  the  apprehension  that  Congress  might,  under  the  second  section  of  the  amend 
ment,  claim  the  right  to  legislate  for  the  negro  after  slavery  was  abolished."  "  is  regarded  as 
querulous  and  unreasonable,  because  that  clause  is  really  restraining  in  it3  effects  instead  of 
enlarging  the  powers  of  Congress." 

The  only  other  objection  I  have  heard  to  the  adoption  of  this  amendment  is,  that  its  adop 
tion  may  only  be  opening  the  door  to  a  demand  for  new  concessions.  My  ansner  is,  that  we 
have  no  reason  to  believe  that  this  will  be  so.  It  is  unfair  and  ungenerous  to  suppose  that 
the  government  is  endeavoring  to  inveigle  us  into  the  adoption  of  certain  measures  with  a 
promise  of  a  restoration  of  our  rights  in  the  Union,  when  in  fact  it  does  not  mean  to  ndrnit 
us  upon  the  adoption  of  those  measures,  but  intends  to  make  further  demands  after  the  first 
shall  have  been  acquiesced  in.  Such  a  suspicion  is  entirely  unworthy  of  the  course  which  the 
President  of  the  United  States  has  pursued  towards  us  since  the  cessation  of  hostilities.  He 
told  us  frankly  from  the  beginning  what  would  be  required  of  us.  I  know  that  he  told  me 
iu  July  last  the  adoption  of  this  amendment  would  be  expected.  Our  provisional  governor 
told  us  so  in  his  speech  at  Quincy,  and  on  other  occasions.  All  the  action  of  the  convention 
was  had  with  a  full  knowledge  of  that  expectation,  and  in  the  adoption  of  the  amendment 
you  will  but  be  completing  a  series  of  measures  which  they  knew  must  be  completed  to  se 


cure  to  the  State  all  her  rights  as  a  member  of  the  Union. 
The  new  demand  which,  I  am  informed,  some  fear  will 


be  made,  is  that  of  negro  suffrage. 


FLORIDA LOUISIANA — TEXAS.  19 

I  am  satisfied  that  this  demand  will  never  be  made  by  the  President.  If  there  is  any  one 
thing  that  he  is  more  pledged  to  than  another,  it  is  that  of  allowing  each  State  to  "  prescribe 
the  qualifications  of  electors  and  eligibility  of  persons  to  hold  office  under  the  constitution 
and  laws  of  the  State — a  power  which  (he  says)  the  people  of  the  several  States  composing 
the  federal  Union  have  rightfully  exercised  from  the  origin  of  the  government'to  the  present, 
time."  This  is  the  language  used  and  the  position  taken  by  him  in  hi.s  pioelarnation  organ 
izing  the  first  provisional  government  in  North  Carolina.  On  the  3d  of  October  last  he  said, 
"Our  only  safety  lies  in  allowing  each  State  to  control  the  right  of  voting  by  its  own  laws ;" 
and  in  his  message  to  Congress,  which  we  have  just  received,  he  stands  firmly,  fairly,  and 
squarely  up  to  his  original  position. 

Nor  do  1  think  that  this  unjust  demand  will  ever  bo  made  by  Congress.  I  think  the  posi 
tion  of  the  President  will  be  sustained.  The  recent  vote  in  Connecticut  and  Wisconsin,  ex 
pressly  repudiating  negro  suffrage,  together  with  the  fact  that  it  is  allowed  in  only  a  few 
States  of  the  Union,  and  in  those  few  only  with  qualifications,  renders  it  highly  improbable 
that  a  Congress  of  northern  men  will  compel  us  to  admit  it  while  they  reject  it  themselves. 
To  do  so  would  bo  to  assert  that  many  generations  of  freedom  have  not  qualified  the  few  ne 
groes  in  their  midst  to  vote,  while  as  many  generations  of  slavery  have  qualified  our  millions 

But  suppose,  for  the  sake  of  the  argument,  that  Congress  shou'd  make  this  demand,  what 
then  '  Still  1  say  we  will  be  in  a  better  position  by  having  adopted  the  amendment.  \V« 
will  nave  done  all  that  the  President  desired  us  to  do,  and  so  far  as  the  executive  department 
is  concerned,  we  may  be  considered  as  in  the  Union  and  entitled  to  the  enjoyment  of  all  its 
blessings,  lor  the  President  most  feelingly  says,  "If  I  know  my  own  heart  and  every  pas 
sion  which  enters  it,  it  is  my  desire  to  restore  the  blessings  of  the  Union,  and  tie  up  and  heal 
every  bleeding  wound  which  has  been  caused  by  the  fratricidal  war."  We  may  then  reason 
ably  hope  that  ere  long  martial  law  will  cease  to  prevail  in  our  State,  that  civil  law  will  be 
fully  restored,  and  the  authority  and  jurisdiction  of  the  State  government  entirely  reinstated. 

If  Congress  shall  unexpectedly  refuse  to  admit  our  senators  and  representative,  because 
we  have  not  allowed  negro  suffrage,  we  must  then,  without  manifesting  any  undue  impa 
tience,  wait  until  Congress  shall  think  better  of  the  matter.  The  justice  of  our  cause,  the 
influence  of  the  President,  and  the  good  sense  and  patriotism  of  the  nation,  cannot  fail  to 
give  us  our  representation  in  the  end. 

Of  course  we  could  never  accede  to  the  demand  for  negro  suffrage,  should  it  be  made. 

We  have  manifested  that  our  loyalty  and  desire  to  renew  our  relations  with  the  Union  are- 
so  great  that  to  do  so  we  are  willing  to  yield  everything  but  our  honor  and  our  consciences. 
We  have  all  lost  much — many  of  us  our  all — all  but  our  honor.  Let  us  preserve  that, 
though  we  lose  everything  else.  We  have  been  able  to  give  an  honest  and  conscientious 
consent  to  all  that  has  been  done,  but  each  one  of  us  knows  that  we  could  not  give  either  an 
honest  or  a  conscientious  assent  to  negro  suffrage.  There  is  not  one  of  us  that  would  not 
feel  that  he  was  doing  wrong,  and  bartering  his  self-respect,  his  conscience,  and  his  duty 
to  his  country  and  to  the  Union  itself,  for  the  benefits  he  might  hope  to  obtain  by  getting 
back  into  the  Union.  Much  as  I  have  worshipped  the  Union,  and  much  as  I  would  rejoice 
to  see  my  State  once  more  a  recognized  member  thereof,  yet  it  is  better,  a  thousand  times 
better,  that  she  should  remain  out  of  the  Union,  even  as  one  of  her  subjugated  provinces, 
than  go  back  "eviscerated  of  her  manhood,"  despoiled  of  her  honor,  recreant  to  her  duty, 
without  her  self-respect,  and  of  course  without  the  respect  of  the  balance  of  mankind—  i 


miserable  thing,  with  the  seeds  of  moral  and  political  death  in  herself,  soon  to  be  commu 
nicated  to  all  her  associates. 

If  time  allowed,  I  would  like  now  to  speak  of  what  provision  ought  to  be  made  for  our 
poor,  and  for  tho.se  who  have  been  disabled  in  or  made  widows  and  orphans  by  the  late  war, 
and  upon  our  financial,  educational,  and  iutenial  improvement  systems.  Hut  to  do  so  wou:d 
protract  my  remarks  to  an  inconvenient  length,  i  must,  therefore,  make  what  I  have  to 
say  on  these  and  other  points  the  subjects  of  special  messages.  I  shall  at  all  times  seek  a 
free  interchange  of  opinions  with  you,  deeming  it  important  to  the  welfare  of  the  State  that 
a  good  understanding  and  cordial  relations  shall  exist  between  the  executive  and  legislative 
departments  of  the  government. 

And  in  this  connexion  it  is  proper  to  say  that  I  shall  deem  it  my  duty,  as  the  representa 
tive  of  the  State,  and  it  will  be  in  perfect  accord  with  my  tee-lings,  to  cultivate  the  friendship 
and  invite  the  confidence  and  co-operation  of  the  provisional  governor  and  of  the  gentlemen 
of  the  army  of  the  United  States  who  are  stationed  among  us.  They  are  our  fellow-citizens 
and  the  officers  of  our  government,  on  duty  here,  not  to  irritate  and  oppress  us,  but  to  assist 
in  preserving  order  during  our  transition  state,  and  to  conciliate  and  soothe.  With  few  ex 
ceptions  they  all  have  rilled  their  delicate  mission  wif.h  credit  to  themselves  and  satisfaction 
to  us.  To  Major  General  Foster,  commanding  in  this  State,  our  thanks  are  due  lor  the 
general  justice  and  mildness  with  which  he  has  exercised  his  great,  authority,  and  particu 
larly  for  the  facilities  he  has  afforded  both  to  the  members  of  the  convention  and  of  this  .egis- 
lature  in  assemblage  at.  the  capitol. 


20  RECONSTRUCTION.. 

adversity,  peace  or  war,  have  held  me  in  the  embrace  of  their  confidence.  As  a  lawyer, 
rrpn-scntative,  senator,  register  of  public  lands,  and  judge  of  the  supreme  court,  they  have 
always  stood  by,  encouraged,  sustained,  and  with  their  approbation,  more  precious  than  the 
gold  of  Ophir,  rewarded  me. 

Six  years  ago,  when  they  placed  me  upon  tho  bench  of  the  supreme  court,  I  fondly  hoped 
my  political  days  were  numbered,  and  that  the  residue  of  my  life  was  to  be  spent  in  the 
calmer  labors  of  judicial  investigation.  But  now,  the  tornado  of  civil  discord  having  swept 
over  the  land,  prostrating  every  interest,  entirely  destroying  our  labor  system,  and  uprooting 
the  very  foundations  of  our  political  edifice,  they  have  called  me,  with  a  unanimous  voice,  to 
preside  as  grand  master  at  the  rebuilding  of  the  temple. 

My  obligations  are  the  more  sensibly  felt  from  the  fact  that  this  honor  has  been  conferred 
without  one  word  of  solicitation,  without  the  writing  of  a  single  letter,  or  the  making  of  a 
single  speech-  without  a  pledge,  a  platform  or  a  party. 

For  mis  extraordinary  manifestation  of  kindness  and  confidence  I  wish  thus  publicly  to 
acknowledge  my  great  indebtedness  to  the  masses  of  the  people. 

But  it  is  not  in  words  that  I  will  attempt  to  express  my  gratitude.  The  unremitting  and 
utmost  efforts  of  whatever  powers  a  merciful  God  may  bestow,  to  secure  to  our  State,  as  one 
of  the  co-equal  members  of  the  federal  Union,  all  the  benefits  and  blessings  of  wise  laws  and 
good  government,  must  attest  the  depth  and  sincerity  of  my  thankfulness. 

And  now,  gentlemen,  requesting  all  the  pious  people  of  the  State  to  join  me  in  prayer  to 
Almighty  God  that  He  will  convert  the  weakness  and  inadequacy  I  so  painfully  feel,  into 
strength  and  competency  for  the  good  of  my  country,  and  that  He  will,  of  His  abundant 
mercy,  bless  our  State  and  our  whole  laud,  I  bring  these  remarks  to  a  close. 


Constitution  or  form  of  gorernment  for  the  people  of  Florida,  as  revised,  amended,  and  agreed 
upon,  at  a  convention  of  the  people,  begun  and  holden  at  the  city  of  Tallahassee,  on  the  "2^>th 
day  of  October,  A.  D.  J865. 

We,  the  people  of  the  State  of  Florida,  by  our  delegates  in  convention  assembled,  in  the 
•city  of  Tallahassee,  en  the  Siotb.  day  of  October,  in  the  year  of  our  Lord  18b'5,  and  of  the  in 
dependence  of  the  United  States  the  90th  year,  in  order  to  secure  to  ourselves  and  our  pos 
terity  the  enjoyment  of  .all  the  rights  of  life,  liberty,  and  property,  and  the  pursuit  of  happi 
ness,  do  mutually  agree,  each  with  the  other,  to  form  the  following  constitution  and  form  of 
.government  in  and  for  the  said  State: 

ARTICLE  I. 

Declaration  of  rights* 

That  the  great  and  essential  principles  of  liberty  and  free  government  may  be  recognized 
and  established,  we  declare : 

1.  That  all  freemen,  when  they  form  a  government,  have  certain  inherent  and  indefeasible 
rights,  among  which  are  those  of  enjoying  and  defending  life  and  liberty;  of  acquiring,  pos 
sessing,  and  protecting  property  and  reputation,  and  of  pursuing  their  own  happiness. 

2.  That  all  political  power  is  inherent  in  the  people,  and  all  free  governments  are  founded 
on  their  authority  and  established  for  their  benefit,  and,  therefore,  they  have  at  all  times 
an  inalienable  and  indefeasible  right  to  alter  or  abolish  their  form  of  government  in  such  man 
ner  .as  they  may  deem  expedient. 

"3.  That  all  men  have  a  natural  and  inalienable  right  to  worship  Almighty  God  'according 
to  the  dictates  of  their  own  conscience,  and  that  no  preference  shall  ever  be  given  by  law  to 
any  religious  establishment  or  mode  of  worship  in  this  State. 

4.  That  no  property  qualification  for  eligibility  to  office,  or  for  the  right  of  suffrage,  shall 
•ever  be  required  in  this  State. 

5.  That  every  citizen  may  freely  speak,  write,  and  publish  his  s-entiments  on  all  subjects, 
being  responsible  for  the  abuse  of  that  liberty;  and  no  law  shall  be  passed  tocurtail,  abridge, 
or  restrain  the  liberty  of  speech  or  of  the  press. 

<].  That  the  right  of  trial  by  jury  shall  tbiever  remain  inviolate. 

7.  That  the  people  shall  be  secure  in  their  persons,  houses,  papers,  and  possessions  from 
unreasonable  seizuies  and  searches,  and  that  no  warrant  to  search  any  place  or  to  seize  any 
person  or  thing  slml!  issue  without  describing  the  place  to  be  searcJied  and  the  person  or 
thing  to  be  seized,  ns  nearly  as  may  be,  nor  without  probable  cause,  supported  by  oath  or 
.affirmation. 

8.  That,  no  freeman  shall  be  taken,  imprisoned,  nor  disseized  of  his  freehold,  liberties,  or 
privileges,  or  outlawed  or  exiled,  or  in  any  manner  destroyed  or  deprived  of  his  life,  liberty, 
or  property,  but  by  the  law  of  the  land. 

i).  That  courts  shall  be  open,  and  every  person,  for  an  injury  done  him  in  his  lands,  goods, 
person,  or  reputation,  shall  have  remedy 'by  due  course  of  law,  and  right  and  justice  admin 
istered  without  denial  or  delay. 


FLORIDA  —  LOUISIANA  —  TEXAS.  2  1 

10.  That  in  all  criminal  prosecutions  the  accused  hath  a  right  to  be  heard  by  himself  or 
counsel,  or  both  ;  to  demand  the  nature  or  cause  of  the  accusation  ;  to  be  confronted  with 
the  witnesses  against  him  ;  to  have  compulsory  process  for  obtaining  witnesses  in  his  favor  : 
and  in  all  prosecutions  by  indictment  or  presentment  a  speedy  and  public  trial  by  an  impar 
tial  jury  of  the  county  or  district  where  the  offence  was  committed,  and  shall  not  be  compelled 
to  give  evidence  against  himself. 

11.  That  all  persons  shall  be  bailable  by  sufficient  securities,  unless  in  capital  offences, 
where  the  proof  is  evident  or  the  presumption  is  strong  ;  and  the  habeas  corpus  act  shall  not 
be  suspended  unless  when,  in  case  of  rebellion  or  invasion,  the  public  safety  may  require  it. 

12.  That  excessive  bail  shall  in  no  case  be  required  ;  nor  shall  excessive  lines  be  imposed; 
nor  shall  cruel  or  unusual  punishments  be  inflicted. 

J:>.  That  no  person  shall,  for  the  same  offence,  be  twice  put  in  jeopardy  of  life  and  limb. 

14.  That  private  property  shall  not  be  taken  or  applied  to  public  use,  unless  just  compen 
sation  be  first  made  therefor. 

15.  That  in  all  prosecutions  and  indictments  for  libel  the  truth  may  be  given  in  evidence  ; 
and  if  it  shall  appear  to  the  jury  that  the  libel  is  true  and  published  with  good  motives  and 
for  justifiable  ends,  the  truth  shall  be  a  justification,  arid  the  jury  shall  be  the  judges  of  the 
Li\v  and  facts. 

10.  That  no  person  shall  be  put  to  answer  any  criminal  charge  but  by  presentment,  indict 
ment,  or  impeachment,  except  in  such  cases*as  the  legislature  shall  otherwise  provide  ;  but  the 
legislature  shall  pass  no  law  whereby  any  person  shall  be  required  to  answer  any  criminal 
charge  involving  the  life  of  the  accused,  except  upon  indictment  or  presentment  by  a  grand 


17.  That  no  conviction  shall  work  corruption  of  blood  or  forfeiture  of  estate. 

18.  That  retrospective  laws,  punishing  acts  committed  before  the  existence  of  such  laws, 
and  by  them  only  declared  penal  or  criminal,  are  oppressive,  unjust,  and  incompatible  with 
liberty  ;  wherefore  no  ex  post  facto  law  shall  ever  be  made. 

19.  That  no  law  impairing  the  obligation  of  contracts  shall  be  passed. 

20.  That  the  people  shall  have  a  right,  in  a  peaceable  manner,  to  assemble  together  to  con 
sult  for  the  common  good  ;  and  to  apply  to  those  invested  with  the  powers  of  government  for 
redress  of  grievances,  or  other  proper  purposes,  by  petition,  address,  or  remonstrance. 

21.  That  no  soldier  in  time  of  peace  shall  be  quartered  in  any  house  without  the  consent 
of  the  owner  ;  nor  in  time  of  war  but  in  a  manner  prescribed  by  law. 

22.  That  no  standing  army  shall  be  kept  up  without  the  consent  of  the  legislature  ;    and 
the  military  shall  be  in  strict  subordination  to  the  civil  power. 

23.  That  perpetuities  and  monopolies  are  contrary  to  the  genius  of  a  free  people,  and  ought 
not  to  be  allowed. 

24.  That  no  hereditary  emoluments,  privileges,  or  honors,  shall  be  granted  or  conferred  in 
this  State.  * 

25.  That  a  frequent  recurrence  to  fundamental  principles  is  absolutely  necessary  to  preserve 
the  blessings  of  liberty. 

2G.  That,  to  guard  against  transgressions  upon  the  rights  of  the  people,  wo  declare  that 
everything  in  this  article  is  excepted  out  of  the  general  powers  of  government,  and  shall  for 
ever  remain  inviolate  ;  and  all  laws  contrary  thereto,  or  to  the  following  provisions,  shall  be 
void. 

ARTICLE  II. 
Distribution  of  the  powers  of  government. 

J.  The  powers  of  the  government  of  the  State  of  Florida  shall  be  divided  into  three  dis 
tinct  departments,  and  each  of  them  confided  to  a  separate  body  of  magistracy,  to  wit:  those 
which  are  legislative  to  one;  those  which  are  executive  to  another;  and  those  which  are  ju 
dicial  to  another. 

2.  No  person  or  collection  of  persons,  being  one  of  these  departments,  shall  exercise  any 
power  properly  belonging  to  either  of  the  others,  except  in  the  instance  expressly  provided 
in  this  constitution, 

ARTICLE  III. 
Executive  department. 

1.  The  supreme  executive  power  shall  be  vested  in  a  chief  magistrate,,  who  shall  be  styled 
the  governor  of  the  State  of  Florida. 

2.  The  governor  shall  be  elected  for  four  years,  by  the  qualified  electors,  at  the  time  and 
place  they  shall  vote  for  representatives,  and  shall  remain  in  office  until  a  successor  shall  be 
chosen  and  qualified. 

3.  No  person  shall  be  eligible  to  the  office  of  governor  unless  he  shall  have  attained  the 
age  of  thirty  years,  shall  have  been  a  citizen  of  the  United  States  ten  years,  and  snail  have 
been  a  resident  of  Florida  at  least  five  years  next  preceding  his  election. 

<i.  There  shall  be  elected  at  the  same  time,  for  the  same  term,  and  with  like  qualifications 


22  RECONSTRUCTION. 

as  the  governor,  a  lieutenant  governor,  who  shall  be  ez-officio  president  of  the  senate,  but 
shall  have  no  vote  except  in  case  of  a  tie,  and  during  the  session  of  the  general  assembly 
he  shall  receive  such  compensation  as  shall  be  allowed  to  a  senator. 

5.  The  returns  of  every  election  for  governor  and  lieutenant  governor  shall  be  sealed  up 
and  transmitted  to  the  seat  of  government,  directed  to  the  speaker  of  the  house  of  representa 
tives,  who  shall,  during  the  first  week  of  the  session  next  after  their  election,  open  and  pub- 
lisk  them  in  the  presence  of  both  houses  of  the  general  assembly ;  and  the  persons   having 
the  highest  number  of  votes  for  the  respective  offices  shall  be  governor  and  lieutenant  gov 
ernor  ;  but  if  two  or  more  should  be  equal  and  highest  in  votes  for  the  office  of  governor, 
one  of  them  shall  be  chosen  governor  by  the  joint  vote  of  the  two  houses ;  and  in  like  man 
ner,  if  two  or  more  shall  be  equal  and  highest  in  votes  for  the  office  of  lieutenant  governor, 
one  of  them  shall  be  chosen  lieutenant  governor  by  the  joint  vote  of  the  two  houses.     And 
contested  elections  for  governor  and  lieutenant  governor  shall  be  determined  by  both  houses 
of  the  general  assembly,  in  such  manner  as  shall  be  prescribed  by  law. 

6.  The  governor  shall,  at  stated  times,  receive  a  compensation  for  his  services,  which  shall 
not  be  increased  nor  diminished  during  the  term  for  which  he  shall  have  been  elected;  but 
such  compensation  shall  never  be  less  than  three  thousand  dollars  per  annum. 

7.  He  shall  be  the  commander-in-chief  of  the  army  and  navy  of  this  State  and  of  the  mili 
tia  thereof. 

8.  He  may  require  information  in  writing  frotn  the  officers  of  the  executive  department 
on  any  subject  relating  to  the  duties  of  their  respective  offices. 

9.  He  may  by  proclamation,  on  extraordinary  occasions,  convene  the  general  assembly  at 
the  seat  of  government,  or  at  a  different  place,  if  that  shall  have  become  dangerous  from  au 
enemy  or  from  disease  ;  and  in  case  of  disagreement  between  the  two  houses  with  respect  to 
the  time  of  adjournment,  he  may  adjourn  them  to  such  time  as  he  may  think  proper,  not 
beyond  the  day  of  the  next  meeting  designated  by  the  constitution. 

JO.  He  shall,  from  time  to  time,  give  to  the  general  assembly  information  of  the  state  of 
the  government,  and  recommend  to  their  consideration  such  measures  as  he  may  deem  expe 
dient. 

1 1.  He  shall  take  care  that  the  laws  be  faithfully  executed. 

1*2.  In  all  criminal  and  penal  cases,  (except  impeachment,)  after  conviction,  he  shall  have 
power  to  grant  reprieves  and  pardons,  and  remit  fines  and  forfeitures  under  such  rules  and 
regulations  as  shall  be  prescribed  by  law. 

13.  The  State  seal  last  heretofore  used  (until  altered  by  the  general  assembly)  shall  con 
tinue  to  be  the  great  seal  of  the  State,  and  shall  be  kept  by  the  governor  for  the  time  being, 
and  used  by  him  officially. 

14.  All  commissions  shall  be  in  the  name  and  by  the  authority  of  the  State  of  Florida,  be 
sealed  with  the  Srate  seal,  and  signed  by  the  governor  and  attested  by  the  secretary  of  state. 

15.  There  shall  be  a  secretary  ot\state  elected  by  the  qualified  electors  of  the  State  at  the 
same  time,  and  who  shall  continue  in  office  for  the  same  term  of  years,  as  the  governor  of  the 
State ;  and  he  shall  keep  a  fair  register  of  the  official  acts  and  proceedings  of  the   governor, 
and  shall,  when  required,  lay  the  same,  and  all  papers,  minutes  and  vouchers  relative  thereto, 
before  the  general  assembly,  and  shall  perform  such  other  duties  as  may  be  required  of  him 
by  law. 

16.  Vacancies  that  happen  in  offices,  the  appointment  to  which  is  vested  in  the  general 
assembly,  or  given  to  the  governor,  with  the  advice  and  consent  of  the  senate,  shall  be  filled 
by  the  governor  during  the  recess  of  the  general  assembly,  by  grunting  commissions  which 
shall  expire  at  the  end  of  the  next  session. 

17.  Every  bill  which  shall  have  passed  both  houses  of  the  general  assembly  shall  bo  pre 
sented  to  the  governor ;  if  he  approve,  he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his 
objections,  to  the  house  in  which  it  shall  have  originated,  who  shall  enter  the  objections  at 
large  upon  the  journals,  and  proceed  to  reconsider  it;    and  if,  after  such  reconsideration, 
two-thirds  of  the  whole  number  voting  shall  agree  to  pass  the  bill,  it  shall  be  sent,  with  the 
objections,  to  the  other  house,  by  which  it  shall  be  reconsidered;  and  if  approved  by  two- 
thirds  of  the  whole  number  voting,  it  shall  become  a  law ;  but  in  such  cases  the  votes  of 
both  houses  shall  be  by  yeas  and  nays,  and  the  names  of  the  members  voting  for  or  against 
the  bill  shall  be  entered  on  the  journals  of  each  hoi^e  respectively;  and  if  any  bill  shall  not 
be  returned  by  the  governor  within  five  days  (Sundays  excepted)  after  it  shall  have  been 
presented  to  htm,  the  same  shall  be  a  law  in  like  manner  as  if  he  had  signed  it,  unless  iho 
general  assembly  by  their  adjournment  prevent  its  return,  in  which  case  it  shall  not  be  a  law. 

18.  Every  order,  resolution  or  vote  to  which  the  concurrence  of  both  houses  may  be  neces 
sary,  (except  on  questions  of  adjournment,)  shall  be  presented  to  the  governor,  and  before  it 
shall  take  effect  be  approved  by  him,  or,  being  disapproved,   be  re-passed  by  both  houses, 
according  to  the  rules  and  limitations  prescribed  in  case  of  a  bill. 

19.  In  case  of  the  impeachment  of  the  governor,  his  removal  from  office,  death,  refusal  to 
qualify;  resignation,  or  absence  from  the  State,  the  lieutenant  governor  shall  exercise  all  the 
power  and  authority  appertaining  to  the  office  of  governor  until  the  governor  absent,  or  im 
peached,  shall  return,  or  be  acquitted,  or  until  the  governor  next  regularly  elected  shall   be 
duly  qualified,  as  the  case  may  be;  and  for  the  time  the  lieutenant  governor  shall  occupy 


FLORIDA LOUISIANA — TEXAS.  23 

the  office  of  governor  he  shall  receive  the  same  compensation  as  shall  be  allowed  by  law  to 
the  regularly  elected  governor. 

'20.  In  case  of  the  impeachment  of  both  the  governor  and  the  lieutenant  governor,  their 
removal  from  office,  death,  refusal  to  qualify,  resignation,  or  absence  from  the  State,  the 
speaker  of  the  house  of  representatives  shall  in  like  manner  administer  the  government,  un 
less  the  general  assembly  shall  otherwise  provide :  and  for  the  time  he  shall  occupy  the  office 
of  governor,  he  shall  receive  the  same  compensation  as  shall  be  allowed  by  law  to  the  gov 
ernor. 

21.  It  shall  be  the  duty  of  the  general  assembly  to  provide  for  the  purchase  or  erection  of 
a  suitable  building  for  the  residence  of  the  governor,  and  the  governor  shall  reside  at  the  seat 
of  government;  but  whenever,   by  reason  of  danger  from  an  enemy,  or  from  disease,  the 
governor  may  deem  the  capital  unsafe,  he  may,  by  proclamation,  fix  the  seat  of  government 
at  some  secure  place  within  the  State,  until  such  danger  shall  cease. 

22.  No  person  shall  hold  the  office   of  governor  and  any  other  office  or  commission,  civil 
or  military,  either  in  this  State  or  under  any  State,  or  the  United  States,  or  any  other  power, 
at  one  and  the  same  time,   except  the  lieutenant  governor  or  the  speaker  of  the  house  of 
representatives,  when  he  shall  hold  the  office  as  aforesaid. 

23.  A  State  treasurer  and  comptroller  of  public  accounts  shall  be  elected  by  the  qualified 
electors  of  the  State  at  the  same  time,  and  who  shall  continue  in  office  for  the  same  term  of 
years  as  the  governor  of  the  State,  and  until  their  successors  shall  have  been  duly  commis 
sioned  and  qualified. 

ARTICLE  IV. 

Legislative  department. 

1.  The  legislative  powerof  this  State  shall  be  vested  in  two  distinct  branches,  the  one  to 
be  styled  the  senate,  the  other  the  house  of  representatives,  and  both  together  "  The  general 
assembly  of  the  State  of  Florida,"  and  the  style  of  the  laws  shall  be,  "Be  it  enacted  by  the 
senate  and  house  of  representatives  of  the  State  of  Florida  in  general  assembly  convened." 

2.  The  members  of  the  house  of  representatives  shall  be  chosen  by  the  qualified  voters, 
and  shall  servo  for  the  term  of  two  years  from  the  day  of  the  general  election,  and  no  longer; 
and  the  sessions  of  the  general  assembly  shall  be  annual,  and  commence  on   the   second 
Wednesday  in  November  in  each  year. 

3.  The  representatives  shall  be  chosen  every  two  years  on  the  first  Monday  in  the  month 
of  October,  until  otherwise  directed  by  law. 

4.  No  person  shall  be  a  representative  unless  he  be  a  white  man,  a  citizen  of  the  United 
States,  and  shall  have  been  an  inhabitant  of  the  State  two  years  next  preceding  his  election, 
and  the  last  year  thereof  a  resident  of  the  county  for  which  he  shall  be  chosen,  and  shall  have 
attained  the  age  of  twenty-one  years. 

5.  The  senators  shall  be  chosen  by  the  qualified  electors  for  the  term  of  two  years,  at  the 
same  time,  in  the  same  manner,  and  in  the  same  places  where  they  vote  for  members  of  the 
house  of  representatives ;  and  no  man  shall  be  a  senator  unless  he  be  a  white  man,  a  citizf-n 
of  the  United  States,  and  shall  have  been  an  inhabitant  of  this  State  two  years  next  preced 
ing  his  election,  and  the  last  year  thereof  a  resident  of  the  district  or  county  for  which  he  shall 
be  chosen,  and  shall  have  attained  the  age  of  twenty- five  years. 

6.  The  house  of  representatives,  when  assembled,  shall  choose  a  speaker  and  its  other  offi- 
cer«,  and  the  senate  its  other  officers,  and  in  the  absence  of  the  lieutenant  governor  a  presi 
dent  pro  tempore,  and  each  house  shall  be  judge  of  the  qualifications,  elections,  and  returns 
of  its  members ;  but  a  contested  election  shall  be  determined  in  such  manner  as  shall  be  di 
rected  by  law. 

7.  A  majority  of  each  house  shall  constitute  a  quorum  to  do  business,  but  a  smaller  num 
ber  may  adjourn  from  day  to  day,  and  may  compel  the  attendance  of  absent  members,  in  such 
manner  and  under  such  penalties  as  each  house  may  prescribe. 

8.  Each  house  may  determine  the  rules  of  its  own  proceedings,  punish  its  members  for 
disorderly  behavior,  and  with  the  consent  of  two-thirds  expel  a  member,  but  not  a  second 
time  for  the  same  cause. 

9.  Each  house,  during  the  session,  may  punish  by  imprisonment  any  person  not  a  member, 
for  disrespectful  or  disorderly  behavior  in  its  presence,  or  for  obstructing  any  of  its  proceed 
ings  ;  provided,  such  imprisonment  shall  not  extend  beyond  the  end  of  the  session. 

JO.  Each  house  shall  keep  a  journal  of  its  proceedings,  and  cause  the  same  to  be  published 
immediately  after  its  adjournment ;  and  the  yeas  and  nays  of  the  members  of  each  house  shall  • 
be  taken  and  entered  upon  the  journals  upon  the  final  passage  of  every  bill,  and  may,  by  any 
two  members,  be  required  upon  any  other  question;  and  any  member  of  either  house  shall 
have  liberty  to  dissent  from,  or  protest  against,  any  act  or  resolution  which  he  may  think  in 
jurious  to  the  public,  or  an  individual,  and  have  the  reasons  of  his  dissent  entered  on  the 
journal. 

11.  Senators  and  representatives  shall  in  all  cases,  except  treason,  felony,  or  breach  of  the 
peace,  be  privileged  from  arrest  during  the  session  of  the  general  assembly,  and  in  going  to 
or  returning  from  the  same,  allowing  one  day  for  every  twenty  miles  stun  member  may  reside 


24  RECONSTRUCTION. 

from  the  place  at  which  the  general  assembly  is  convened,  and  for  any  speech  or  debate  in 
either  house  they  shall  not  be  questioned  in  any  other  place. 

12.  The  general  assembly  shall  make  provision  by  law  for  filling  vacancies  that  may  occur 
in  either  house,  by  the  death,  resignation,  or  otherwise,  of  any  of  its  members. 

13.  The  doors  of  each  house  shall  be  open  when  in  legislative  session,  except  on  such  oc 
casion*  aft,  in  the  opinion  of  the  house,  the  public  safety  may  imperiously  require  secrecy. 

14.  Neither  house  shall,  without  the  consent  of  the  other,  adjourn  for  more  than  three  days, 
nor  to  any  other  place  than  that  in  which  they  may  be  sitting. 

15.  Bills  may  originate  in  either  house  of  the  general  assembly  ;  and  all  bills  passed  by 
one  house  may  be  discussed,  amended,  or  rejected  by  the  other;  but  no  bill  shall  have  the 
force  of  law  until  on  three  several  days  it  be  read  in  each  hoa.se  and  free  discussion  be  allowed 
thereon,  unless,  in  cases  of  urgency,  four-fifths  of  the  house  in  which  the  came  shall  be  de 
pending  may  deem  it  expedient  to  dispense  with  the  rule ;  and  every  bill  having  passed  both 
houses  shall  be  signed  by  the  speaker  and  president  of  their  respective  houses. 

16.  Each  member  of  the  geueial  assembly  shall  receive  from  the  public  treasury  such  com 
pensation  for  his  services  as  may  be  fixed  by  law ;  but  no  increase  of  compensation  shall  take 
effect  during  the  term  for  which  the  representatives  were  elected,  when  such  law  passed. 

17.  The  sessions  of  the  general  assembly  shall  not  extend  in  duration  over  thirty  dars,  unless  it 
be  deemed  expedient  by  a  concurrent  majority  of  two-thirds  of  the  members  of  each  house ;  and 
no  member  shall  receive  pay  from  the  State  for  his  services  after  the  expiration  of  sixty  days 
continuously  from  the  commencement  of  the  session. 

18.  The  general  assembly  shall,  by  law,  authorize  the  circuit  court  to  grant  licenses  for 
building  toll-bridges,  and  to  establish  ferries,  and  to  regulate  the  tolls  of  both;   to  construct 
dams  across  streams  not  navigable ;  to  ascertain  and  declare  what  streams  are  navigable. 
But  no  special  law  for  such  purpose  shall  be  made. 

19.  The  general  assembly  shall  pass  a  general  law  prescribing  the  manner  in  which  the 
names  of  persons  may  be  changed,  but  no  special  law  for  such  purpose  shall  be  passed ;  and 
no  law  shall  be  made  allowing  minors  to  contract,  or  manage  their  estates. 

_  20.  The  general  assembly  shall  pass  a  general  law  for  the  incorporation  of  towns,  religious, 
literary,  scientific,  benevolent,  military,  and  other  associations,  not  commercial,  industrial, 
or  financial;  but  no  special  act  incorporating  any  such  association  shall  be  passed. 

21.  No  act  incorporating  any  railroad,   banking,  insurance,  commercial,  or  financial  cor 
poration  shall  be  introduced  into  the  general  assembly,  unless  the  person  or  persons  applying 
for  such  corporation  shall  have  deposited  with  the  treasurer  the  sum  of  one  hundred  dollars 
as  a  bonus  to  the  State. 

22.  Officers  shall  be  removed  from  office  for  incapacity,  misconduct,  or  neglect  of  duty,  in 
such  manner  as  may  be  provided  by  law,  when  no  mode  of  trial  or  removal  is  provided  iu 
this  constitution. 

ARTICLE  V. 
Judicial  department. 

1.  The  judicial  power  of  this  State,  both  as  to  matters  of  law  and  equity,  shall  be  vested 
in  a  supreme  court,  courts  of  chancery,  circuit  courts,  and  justices  of  the  peace,  provided  the 
general  assembly  may  also  vest  such  civil  or  criminal  jurisdiction  as  may  bo  necessary  in 
corporation  courts,  and  such  other  courts  as  the  general  assembly  may  establish ;   but  such 
jurisdiction  shall  not  extend  to  capital  cases. 

2.  The  supreme  court,  except  in  cases  otherwise  directed  in  this  constitution,  shall  have 
appellate  jurisdiction  only,  which  shall  be  coextensive  with  the  State,  under  such  restrictions 
and  regulations,  not  repugnant  to  this  constitution,  as  may  from  time  to  time  be  prescribed 
by  law,  provided  that  the  said  court  shall  always  have  power  to  issue  writs  of  injunction,  man 
damus,  quo  warranto,  habeas  corpus,  and  such  other  original  and  remedial  writs  as  may 
be  necessary  to  give  it  a  general  superintendence  and  control  of  all  other  courts. 

3.  The  supreme  court  shall  be  holden  at  such  times  and  places  as  may  be  prescribed  by 
law ;  and  two  judges  of  the  circuit  court  may  be  added  to  the  supreme  court,  when  in  session, 
at  the  discretion  of  the  legislature;   and  the  court  so  composed  shall  constitute  the  supreme 
court  of  the  State,  when  the  legislature  shall  so  direct. 

4.  The  State  shall  be  divided  into  convenient  circuits;  and  for  each  circuit  there  shall  be 
a  judge,  who  shall,  after  his  election  or  appointment,  reside  in  the  circuit  for  which  ho  \\s» 
been  elected  or  appointed,  and  shall,  as  well  as  justices  of  the  supreme  court,  receive  f'.,r  l.,.s 
services  a  salary  of  not  less  than  twenty-five  hundred  dollars  per  tumiun,  which  Mia.l  i.ut  ix* 
diminished  during  his  continuance  in  office;  but  the  judge*  shull  receive  no  fees,  perqui.st;ua 
of  office,  nor  hold  any  other  office  of  profit  under  the  State,  the  United  States,  or  a:iy  o.licf 
power. 

5.  The  circuit  courts  shall  have  original  jurisdiction  in  all  matters,  civil  and  criminal,  not 
otherwise  exccpted  in  this  constitution. 

6.  A  circuit  court  shall  be  held  iu  such  counties,  and  in  such  times  and  places  therein,  as 
may  be  prescribed  by  law  ;   and  the  judges  of  the  several  circuit  courts  may  hold  courts  for 
each  other,  either  for  the  entire  circuit  or  for  a  portion  thereof,  and  they  shull  do  so  when  re 
quired  by  order  of  the  governor  or  chief  justice  of  the  supremo  court ;  and  they  may  exercise 


FLORIDA — LOUISIANA TEXAS.  25 

jurisdiction  in  cases  of  writs  of  habeas  corpus  in  any  judicial  circuit  in  which  the  judge  may 
happen  fx>  be  at  the  time  the  case  arises. 

7.  The  general  assembly  shall  have  power  to  establish  and  organize  a  separate  court  or 
courts  of  original  equity  jurisdiction ;  but  until  such  court  or  courts  shall  be  established  and 
organized,  the  circuit  courts  shall  exercise  such  jurisdiction. 

8.  There  shall  be  elected  in  each  county  of  this  State,  by  the  qualified  voters,  an  officer  to 
be  styled  the  judge  of  probate,  to  take  probate  of  wills;  to  grant  letters  testamentary  of  ad 
ministration  and  guardianship;  to  attend  to  the  settlement  of  the  estates  of  decedents  and 
minors,  and  to  discharge  the  duties  usually  appertaining  to  courts  of  ordinary,  and  such  other 
duties  as  may  bo  required  by  law ;   subject  to  the  direction  and  supervision  of  the  circuit 
courts,  as  may  be  provided  by  law. 

9.  A  competent  number  of  justices  of  the  peace  shall  be  from  time  to  time  elected  in  and 
for  each  county,  in  such  mode  and  for  such  term  of  office  as  the  general  assembly  may  di 
rect,  and  shall  possess  such  jurisdiction  as  may  be  prescribed  by  law ;  and  in  cases  tried  be 
fore  a  justice  of  the  peace,  the  right  of  appeal  shall  be  secured  under  such  rules  and  regula 
tions  as  may  be  prescribed  by  law. 

10.  There  shall  be  appointed  by  the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  a  chiet  justice  and  two  associate  justices  of  the  supreme  court  of  this  State,  who 
shall  reside  in  this  State,  and  hold  their  office  for  the  term  of  six  years  from  their  appoint 
ment  and  confirmation,  unless  sooner  removed  under  the  provisions  of  this  constitution,  for 
the  removal  of  judges  by  address  or  impeachment ;  and  for  wilful  neglect  of  duty  or  other 
reasonable  cause,  which  shall  not  be  sufficient  ground  for  impeachment,  the  governor  shall 
remove  any  of  them  on  the  address  of  two-thirds  of  the  general  assembly :   Provided,  how- 
ever.  That  the  cause  or  causes  shall  be  notified  to  the  judge  so  intended  to  be  removed,  and 
he  shall  be  admitted  to  a  hearing  in  his  own  defence  before  any  vote  for  such  removal  shall 
pass,  and  in  such  case  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  on  the  journal 
of  each  house  respectively,  and  in  case  of  the  appointment  to  fill  a  vacancy  in  said  offices, 
the  person  so  appointed  shall  only  hold  office  for  the  unexpired  term  of  his  predecessor. 

11.  There  shall  be  elected,  at  the  time  and  places  prescribed  by  law,  by  the  qualified  elec 
tors  of  each  of  the  respective  judicial  circuits  of  this  State,  one  judge  of  the  circuit  court, 
who  shall  reside  in  the  circuit  for  which  he  may  be  elected,  and  the  said  circuit  judges  shall 
continue  in  office  for  the  term  of  six  years  from  the  date  of  their  respective  elections,  unless 
sooner  removed  under  the  provisions  in  this  constitution  for  the  removal  of  judges  by  address 
or  impeachment ;  and  for  wilful  neglect  of  duty,  or  other  reasonable  cause,  Avhich  shall  not 
be  sufficient  for  impeachment,  the  governor  shall  remove  any  of  them  on  the  address  of  two- 
thirds  of  the  general  assembly :  Provided,  however,  That  the  cause  or  causes  shall  be  stated 
at  length  in  such  address,  and  entered  on  the  journal  of  each  house :  And  provided  further, 
That  the  cause  or  causes  shall  be  notified  to  such  judge  so  intended  to-  be  removed,  and  he 
shall  be  admitted  to  a  hearing  in  his  own  defence  before  any  vote  or  votes  for  such  removal 
shall  pass ;  and  in  such  cases  the  vote  shall  be  taken  by  yeas  and  nays,  and  entered  on-  the 
journals  of  each  house  respectively. 

\'Z.  The  appointment  of  chief  justice  and  associate  justices  of  the  supreme  court  shall  be 
made  every  sixth  year  after  their  first  appointment,  and  the  election  of  judges  of  the  circuit 
court,  and  judges  or  chancellors  of  the  chancery  court,  when  established,  shall  be  held  in 
every  sixth  year  after  their  first  elections,  at  the  same  time  and  places  as  the  election  for 
members  of  the  general  assembly. 

13.  That  w-heuever  the  general  assembly  shall  create  a  chancery  court,  under  the  provi 
sions  of  this  constitution,  the  judges  thereof  shall  be  elected  in  the  manner  provided  in  the 
last  two  sections  of  this  article,  and  shall  hold  their  offices  and  be  subject  to  all  the  provi 
sions  of  said  sections  :  Prodded,  however,  That  the  said  judges  shall  be  elected  by  general 
ticket  or  by  districts,  as  the  general  assembly  may  direct. 

14.  That  should  a  vacancy  occur  cither  in  the  chancery  or  circuit  courts,  by  death,  re 
moval,  resignation,  or  otherwise,  it  shall  be  the  duty  of  the  governor  to  issue  a  writ  of  elec 
tion  to  fill  such  vacancy,  and  he  shall  give  at  least  sixty  days'  notice  thereof  by  proclama 
tion;  and  the  judge  so  elected  to  fill  said  vacancy  shall  continue  in  office  from  the  time  ho 
qualities  under  his  commission  until  the  expiration  of  the  term  of  his  predecessor  :  Provided, 
hoirever,  That  should  it  become  necessary  to  fill  any  such  vacancy  before  an  election  can  be 
held  under  the  provisions  of  this  constitution,  the  governor  shall  have  power  to  fill  such  va 
cancy  by  appointment,  and  the  person  so  appointed  shall  hold  his  office  from  the  date  of  his 
commission  until  his  successor  shall  be  duly  elected  and  qualified. 

L">.  The,  clerks  of  the  circuit  courts  of  the  several  circuits  of  this  State  shall  be  elected  by 
t^  r  q'ui'.iiied  voters  in  their  several  counties  at  such  times  and  places  as  are  now  or  may  be 
p.ovr.ltu  bylaw:  Provided,  hotcecer,  That  the  chief  justice  of  the  supreme  court  and  the 
cliuiiceilors  of  the  court  of  chancery,  when  such  courts  shall  be  -established,  shall  have  the 
puwci  to  appoint  the  clerks  of  their  respective  courts. 

]().  The  justices  of  the  supreme  conrt,  chancellors  and  judges  of  the  circuit  courts  shall, 
by  virtue  of  their  offices,  be  conservators  of  the  peace  throughout  the  State. 

17.  The  style  of  all  process  shall  be  "The  State  of  Florida,"  and  all  criminal  prosecu 
tions  shall  be  carried  on  in  the  name  of  the  State,  and  all  indictments  shall  conclude, 
"against  the  peace  and  dignity  of  the  same." 


RECONSTRUCTION. 

18.  There  shall  be  an  attorney  general  for  the  State,  who  shall  reside  at  the  seat  of  gov 
ernment,  and  he  shall  perform  Mich  duties  as  may  be  proscribed  by  law  ;  he  shall  be  elected 
by  the  qualified  voters  of  the  State,  at  the  same  time  ami  in  the  same  manner  that  the  comp 
troller,  secre  ary  of  state  and  treasurer  are  elected,  and  his  term  of  office  shall  be  the  same ; 
but  he  may  be  removed  by  the  governor  or,  the  address  of  a  majority  of  the  two  honses  ot 
Uie  general  assembly,  and  shall  receive  for  his  services  a  compensation  to  be  fixed  by  law 

J.J.    1  here  shall  be  one  solicitor  for  each  circuit,  who  shall  reside  therein,  to  be  elected  by 
the  qualified  elec.tor.s  of  the  circuit,  who  shall  hold  his  office  for  the  term  of  four  years   and 
1  receive  tor  his  services  a  compensation  to  be  tixed  by  law. 

«>.  No  justice  of  the  supreme  court  shall  sit  as  ajudge,  or  take  part  m  the  appellate  court, 
on  the  tnal  or  hearing  of  any  case  which  shall  have  been  decided  by  him  in  the  court  below! 

g|.  Iho  general  assembly  shall  have  power  to  establish  in  each  county  a  board  of  commis 
sioners,  tor  the  regulation  of  the  county  business  therein. 

28.  No  duty  not  judicial  shall  be  imposed  by  law  upon  the  justices  of  the  supreme  court 
the  chancellors  or  the  judges  of  the  circuit  courts  of  this  State,  except  in  cases  otherwise  pro 
vided  for  in  this  constitution. 


ARTICLE  VI. 


•  The  right  of  suffrage  and  qualifications  of  officers,   ciml  officers,   and  impeachments,   and 

removals  from  office. 

1.  Every  free  white  male  person  of  the  age  of  twenty-one  years  and  upwards,   and  who 
shall  be,  at  the  time  of  ptter.iig  to  vote,  a  citizen  of  the  United  States,  and  who  shall  have 

esided  and  had  his  habitation,  domicile,  home,  and  place  of  permanent  abode  in  Florida  for 
one  year  next  preceding  the  election  at  which  he  shall  offer  to  vote,  and  who  shall,  at  such 
time,  and  for  six  mouths  immediately  preceding  said  time,  have  had  his  habitation,  domicile 
and  Pjaee  Of  permanent  abode  in  the  county  in  which  he  may  offer  to  vote,  shall  be  deemed 
a .qualified  elector  at  all  elections  under  the  constitution,  and  none  others;  except  in  elec 
tions  by  general  ticket  in  the  State  or  district  prescribed  by  law,  in  which  cases  the  elector 
must  have  been  a  resident  of  the  State  one  year  next  preceding  the  election,  and  six  months 
within  the  elective  district  in  which  he  offers  to  vote:  Provided,  That  no  officer,  soldier  sea 
man  or  marine,  in  the  regular  army  or  navy  of  the  United  States,  or  any  other  person  in  the 
employ  or  pay  ot  the  Lnited  States,  unless  he  be  a  qualified  elector  of  the  State  previous  to 
bis  appointment  or  enlistment,  as  such  officer,  soldier,  seaman  or  marine,  in  the  reo-ular  army 
or  navy  of  the  United  States,  or  of  the  revenue  service,  shall  be  considered  a  resident  of  the 
fetate^m  consequence  of  being  stationed  within  the  same. 

^  Th.°  £cneral  assembly  shall  have  power  to  exclude  from  every  office  of  honor  trust  o^ 
profit  within  the  State,  and  from  the  right  of  suffrage,  all  persons  convicted  of  bribery  per 
jury,  or  other  infamous  crime. 

3.  No  person  shall  be  capable  of  holding  or  being  elected  to  any  post  of  honor,  profit  trust 
or  emolument,  civil  or  military,  legislative,  executive  or  judicial,  under  the  government  of 
this 'State,  who  shall  hereafter  fight  a  duel,  or  send  or  accept  a  challenge  to  fight  a  duel  the 
probable  issue  of  which  may  be  the  death  of  the  challenger  or  challenged,  or  who  shall  be  a 
t  to  either  party  or  who  shall,  in  any  manner,  aid  or  assist  in  such  duel,  or  shall  be 
knowingly  the  bearer  of  such  challenge  or  acceptance,  whether  the  same  occur  or  be  com 
mitted  m  or  out  of  the  State;  but  the  legal  disability  shall  not  accrue  until  after  trial  and 
conviction,  according  to  due  form  of  law. 

4  No  person  who  may  hereafter  be  a  collector  or  holder  of  public  moneys  shall  have  a 
scat  m  either  house  of  the  general  assembly,  or  be  eligible  to  any  office  of  trust  or  profit  under 
ma*  be  Accountable  ^counted  for  and  paid  into  the  treasury  all  sums  for  which  he 

5.  No  governor,  member  of  Congress,  or  of  the  general  assembly  of  this  State,  shall  receive 
tee,  be  engaged  as  counsel,  agent  or  attorney,  in  any  civil  case  or  claim  against  this  State 

3r  to  winch  this  State  shall  be  a  party,  during  the  time  he  shall  remain  in  office. 
l>.  Ao  senator  or  representative  shall,  during  the  term  for  which  he  shall  have  been  elected 

be  appointed  to  any  civil  office  of  profit  under  this  State,  which  shall  have  been  created    or 

the  emoluments  or  which  shall  have  been  increased,  during  such  term,  except  such  offices  as 

may  be  filled  by  elections  by  the  people. 

7.  Members  of  the  general  assembly,  and  all  officers,  civil  or  military,  before  they  enter 
upoii  the  execution  ot  their  respective  offices,  shall  take  the  following  oath  or  affirmation: 

do  swear  (or  affirm )  that  I  am  duly  qualified,  according  to  the  constitution  of  this  State 
to  exercise  the  office,  to  which  I  have  been  elected,  (or  appointed,)  and  will,  to  the  best  of 
my  abilities,  dischaige  the  duties  thereof,  and  preserve,  protect  and  defend  the  Constitution 
of  tins  Mate  and  ot  the  Lujted  States  of  America." 

8.  Kvery  person  shall  be  disqualified  from  serving  as  governor,  senator,  representative,  or 
rom  holding  any  other  office  of  honor  or  profit  in  this  State,  for  the  term  for  which  he  shall 

have  been  elected,  who  shall  have  been  convicted  of  having  given  or  offered  any  bribe  to 
procure  his  election. 

9.  Laws  shall  be  made  by  the  general  assembly  to  exclude  from  office,  and  from  suffrage, 


FLORIDA — LOUISIANA — TEXAS.  27 

those  who  shall  have  been  or  may  hereafter  be  convicted  of  bribery,  perjury,  forgery,  or 
other  high  crime  or  misdemeanor;  and  the  privilege  of  suffrage  shall  be  supported  by  laws 
regulating  elections,  and-  prohibiting,  under  adequate  penalties,  all  undue  influence  thereon, 
from  power,  bribery,  tumult,  or  other  improper  practices. 

10.  All  civil  officers  of  the  State  at  large  shall  reside  within  the  State,  and  all  district  or 
county  officers  within  their  respective  districts  or  counties,  and  shall  keep  their  respective 
offices  at  such  places  therein  as  may  be  required  by  law. 

11.  It  shall  bo  the  duty  of  the  general  assembly  to  regulate  by  law  in  what  cases  and 
what  deduction  from  the  salaries  of  public  officers  shall  be  imide  for  any  neglect  of  duty  in 
their  official  capacity. 

1'2.  Returns  of  elections  for  members  of  Congress  and  the  general  assembly  shall  be  made 
to  the  secretary  of  state  in  a  manner  to  be  prescribed  by  law. 

13.  In  all  elections  by  the  general  assembly  the  vote  shall  be  viva  vocc,  and  in  all  elec 
tions  by  the  people  the  vote  shall  be  by  ballot. 

14.  No  member  of  Congress  or  person  holding  or  exercising  any  office  of  profit  tinder  the 
United  States,  or  under  any  foreign  power,  shall  be  eligible  as  «  member  of  the  general  assem 
bly  of  this  State,  or  hold  or  exercise  any  office  of  profit  under  the  State ;  and  no  person  in  this 
State  shall  over  hold  two  offices  of  profit  at  the  same  time,  except  the  office  of  justice  of  the 
peace,  notary  public,  constable,  and  militia  offices,  except  by  special  act  of  the  legislature; 
but  the  legislature  shall  never  unite  in  the  same  person  two  offices  the  duties  of  which  are 
incompatible. 

15.  The  general  assembly  shall  by  law  provide  for  the  appointment  or  election  and  re 
moval  from  office  of  all  officers,  civil  and  military,  in  this  State  not  provided  for  in  this 
constitution. 

16.  The  power  of  impeachment  shall  be  vested  in  the  house  of  representatives. 

17.  All  impeachments  shall  be  tried  by  the  senate;  when  sitting  for  that  purpose  the  sen 
ators  shall  be  upon  oath  or  affirmation ;  and  no  person  shall  be  convicted  without  the  concur 
rence  of  two-thirds  of  the  members  present. 

.  IS.  The  governor  and  all  civil  officers  shall  be  liable  to  impeachment  for  any  misdemeanor 
in  office;  but  judgments  in  such  cases  shall  not  extend  further  than  to  removal  from  office 
and  disqualification  to  hold  any  office  of  honor,  trust,  or  profit  under  this  State ;  but  the  par 
ties,  nevertheless,  shall  be  liable  to  indictment,  trial,  and  punishment,  according  to  law. 

ARTICLE  VIL 

Militia. 

1.  All  militia  officers  shall  be  elected  or  appointed,  under  such  rules  and  regulations  as  the 
general  assembly  may  from  time  to  time  direct  and  establish. 

2.  All  offences  against  the  militia  laws  shall  be  tried  by  court-martial,  or  before  a  court 
and  jury,  as  the  general  assembly  may  direct. 

'3.  No  commission  shall  be  vacated  except  by  sentence  of  a  court-martial. 

ARTICLE  VIII. 
Taxation  and  revenue. 

1.  The  general  assembly  shall  devise  and  adopt  a  system  of  revenue,  having  regard  to  an 
equal  and  uniform  mode  of  taxation,  throughout  the  State. 

'Z.  No  other  or  greater  amount  of  tax  or  revenue  shall  at  any  time  be  levied  than  may  be 
required  for  the  necessary  expenses  of  the  government. 

*J.  No  money  shall  be  drawn  from  the  treasury  but  in  consequence  of  an  appropriation  by 
law,  and  a  regular  statement  of  the  receipts  and  expenditures  of  all  public  moneys  shall  be 
published  and  promulgated  annually  with  the  laws  of  the  general  assembly. 

4.  The  general  assembly  shall  have  power  to  authorize  the  several  counties  and  incorpo 
rated  towns  in  this  State  to  impose  taxes  for  county  and  corporation  purposes,  respectively, 
and  all  property  shall  be  taxed  upon  the  principles  established  in  regard  to  State  taxation. 

5.  The  general  assembly  shall  have  power  to  authorize  the  levying  of  a  capitation  tux. 

ARTICLE  IX. 

Census  and  apportionment  of  representation. 

1.  The  general  assembly  shall,  in  the  year  one  thousand  eight  hundred  and  sixty-seven, 
and  in  the  year  one  thousand  eight  hundred  and  seventy-five,  and  every  tenth  year  there 
after,  cause  an  enumeration  to  be  made  of  all  the  inhabitants  of  the  State;  und  to  the  whole 
number  of  white  inhabitants  shall  bo  added  three-fifths  of  the  number  of  colored  people: 
and  they  shall  then  proceed  to  apportion  the  representation  equally  among  the  different  coun 
ties,  according  to  such  enumeration,  giving,  however,  one  representative  to  every  county, 
and  increasing  the  number  of  representatives  on  a  uniform  ratio  of  population,  according  to 
the  foregoing  basis,  and  which  ratio  shall  not  bo  changed  until  u  ue\v  census  shall  have  been 
taken. 


28 


RECONSTRUCTION. 


2.  The  general  assemb  y  shall  also,  after  every  such  enumeration,  proceed  to  fix  by  law 
the  number  of  sena  ors  which  shall  constitute  the  senate  of  the  State  of  Florida,  and  which 
shall  never  be  less  than  one-fourth  nor  more  than  one-half  of  the  whole  number  of  the  hoiiM 
of  representatives;  and  they  shall  lay  off  the  State  into  the  same  number  of  8c- im    ri,         " 
tncts,   as  nearly  equal  in  the  number  of  inhabitants  as  may  be,  according  to  the  ratio  of 
representation  established  in  the  preceding  section,  each  of  which  districts  shall  be  entitled 
to  one  solicitor. 

3.  When  any  senatorial  district  shall  be  composed  of  two  or  more  counties,  the  counties 
of  which  such  district  consists  shall  not  be  entirely  separated  by  any  county  belon-mi^  to 
another  djstnct,  and  no  county  shall  be  divided  in  forming  a  district 

4    No  county  now  organized  shall  be  divided  into  new  counties,  so  as  to  reduce  the  in 
habitants  of  either  below  the  ratio  of  representation. 

5.  The  several  counties  of  this  State  shall  be  entitled  to  the  following  representatives,  viz  : 
Escambia  three   Sunta  Rosa  two   Walton  two,  Hoin.es  one,  Washington  one,  Calhoun  one, 
I  idiiklin  one,  Jackson  four,  Gadsden  three,  Leon  four,  Wakulla  one,  Liberty  one.  Jert«-r<.,n 
three    Madison  two    Hamilton  two,  Lafayette  one,  Taylor  one,  Suwaimec*  one,  Columbia 
two,  Baker  one,  Bradford  one,  Alachua  two,  Nassau  one,  Duval  two,  Clay  one,  St   John's 
>ne,  lutnam  one,  Marion  two,  Sumter  one,  Orange  one,  Volusia  one,  Brevard  one,  Levy 
one,  Herimndo  one,  Hillsborough  one,  Manatee  one,  Monroe  one.  Bade  one   and  Poik  one 
Ihere  shall  be  twenty-nine  senatorial  districts  in  this  State,  which  shall  be  as  follows-  The 
county  of  Lscambia  shall  compose  the  first  district;  the  county  of  Santa  Rosa  shall  compose 
the  second  district;  the  county  ot  Walton  shall  compose  the  third  district;  the  counties  of 
Washington  and  Holmes  shall   compose  the  fourth  district;  the  county  of  Franklin  shall 
compose  the  fifth  district ;  the  county  of  Calhouu  shall  compose  the  sixth  district ;  the  county 
Of  Jackson  shall  compose  the  seventh  district;  the  county  of  Gadsden  shall  compose  the 
eighth  district;  the  county  of  Liberty  shall  compose  the  ninth  district;  the  county  of  Leon 
shall  compose  the  tenth  district ;  the  county  of  Wakulla  shall  compose  the  eleventh  district  • 
the  county  of  Jefferson  shall  compose  the  twelfth  district;   the  county  of  Madison  shall 
compose  the  thirteenth  district ;  the  county  of  Hamilton  shall  compose  the  fourteenth  district  • 
the  counties  of  Lafayette  and  Taylor  shall  compose  the  fifteenth  district;  the  county  of 
Columbia  shall  compose  the  sixteenth  district;  the  county  of  Suwaunee  shall  compose  the 
seventeenth  district;   the  counties  of  Baker  and  Bradford  shall  compose  the  eighteenth  dis 
trict;  the  county  of  Alachua  shall  compose  the  nineteenth  district;   the  county  of  Nassau 
shall  compose  the  twentieth  district;  the  counties  of  Duval  and  Clay  shall  compose   the 
twenty-first  district;  the  counties  of  St.  John's  and  Putnam  shall  compose  the  twenty-second 
istrict ;  the  county  of  Marion  shall  compose  the  twenty-third  district ;  the  county  of  Suu.t<-r 
shall  compose  the  twenty-fourth  district ;   the  counties  of  Orange  and  Volusia  shall  compose 
the  twenty- fifth  district;  the  counties  ot  Levy  and  Hernando  shall  compose  the  twenty-sixth 
district ;  the  counties  of  Hillsborough  and  Manatee  shall  compose  the  twenty-seventh  district- 
the  counties  of  Polk  and  Brevard  shall  compose  the  twenty-eighth  district;  and  the  counties 
Of  Monroe  and  Dade  shall  compose  the  twenty-ninth  district;  and  each  senatorial  district 
enall  be  entitled  to  one  senator. 

ARTICLE  X. 
Education. 

1 .  The  proceeds  of  all  lands  for  the  use  of  schools  and  a  seminary  or  seminaries  of  learning 
shall  be  and  remain  a  perpetual  fund,  the  interest  of  which,  together  with  all  moneys  accrued 
from  any  other  source,  applicable  to  the  same  object,  shall  be  inviolably  appropriated  to  the 
use  of  schools  and  seminaries  of  learning,  respectively,  and  to  no  other  purpose. 

ic  general  assembly  shall  take  such  measures  as  may  be  necessary  to  preserve  from 
\vaste  or  damage  all  lands  so  granted  and  appropriated  for  the  purpose  of  education 


ARTICLE  XL 
Public  domain  and  internal  improvement. 


i  •  Y '  -11  •  /  i  "} '  "  r". — ""  "'  l"v'  f^^^w,  uut  iii  no  v\  ise  10  anect  me  purposes  for 
which  said  lands  have  heretofore  been  appropriated. 

2.  A  liberal  system  ot  internal  improvement  being  essential  to  the  development  of  the 
resources  of  the  State,  shall  be  encouraged  by  the  government  of  this  State;  and  it  shall  be 
he  duty  ot  the  general  assembly,  as  soon  as  practicable,  to  ascertain  by  law  proper  obiec.s 
tor  the  extension  ot  interim  improvements  in  relation  to  roads,  canals,  and  navigable  streams, 
and  to  provide  or  a  su,  able  npnhcatioii  of  such  funds  as  may  have  been,  or  may  hereafter 
be,  appropriated  by  said  general  assembly  for  such  improvements 

3j  That  the  general  assembly  may  at  any  time  cede  to  the  United  Stater  government  a 
sufficient  parcel  or  fraction  ol  laud  lor  the  purpose  of  coast  defence  and  other  national  pur- 


FLORIDA — LOUISIANA — TEXAS.  29 

ARTICLE  XII. 
Boundaries. 

1.  The  boundary  of  the  State  of  Florida  shall  be  as  follows:  Commencing  at  the  mouth 
of  the  river  Perdido ;  from  thence  up  the  middle  of  said  river  to  where  it  intersects  the  southern 
boundary  line  of  the  State  of  Alabama,  on  the  thirty-first  degree  of  northern  latitude ;  then 
due  east  to  the  Chattahoochee  river;  thence  down  the  middle  of  said  river  to  its  confluence 
with  the  Flint  river ;  thence  down  the  middle  of  said  river  to  the  Atlantic  ocean ;  then  south- 
wurdly  to  the  Gulf  of  Florida  and  Gulf  of  Mexico  ;  thence  northwardly  and  westwardly, 
including  all  islands  within  five  leagues  of  the  shore,  to  the  beginning. 

ARTICLE  XIII. 
Banks  and  other  corporations. 

1.  The  general  assembly  shall  pass  no  act  of  incorporation,  nor  make  any  alteration  in 
one,  unless  with  the  assent  of  at  least  two-thirds  of  each  house,  and  unless  public  notice  in 
one  or  more  newspapers  of  the  State  shall  have  been  given  for  at  least  three  mouths  imme 
diately  preceding  the  session  at  which  the  same  may  be  applied  for. 

'2.  No  bank  charter,  nor  any  act  of  incorporation  granting  exclusive  privileges,  shall  be 
granted  for  a  longer  period  than  twenty  years. 

3.  Banks  chartered  by  the  general  assembly  shall  be  restricted  to  the  business  of  exchange, 
discount,  and  deposit,  and  they  shall  not  deal  in  real  estate,  nor  merchandise,  nor  chattels, 
except  as  security  for  loans  or  discounts,  or  for  debts  due  to  such  bank;  nor  shall  they  be 
concerned  in  insurance,  manufacturing,   exportation,   or  importation,  except  of  bullion  or 
specie;  nor  shall  they  own  real  estate  or  chattels,  except  such  as  shall  be  necessary  for  their 
.actual  use  in  the  transaction  of  business,  or  which  may  be  received  in  payment  of  previously 
contracted  debts,  or  purchased  at  legal  sales  to  satisfy  such  debts,  of  which  they  shall  be 
required  to  make  sale  within  three  years  after  the  acquisition  thereof. 

4.  The  capital  stock  of  any  bank  shall  not  be  less  than  one  hundred  thousand  dollars,  to 
be  paid  in  suitable  instalments,  and  shall  be  created  only  by  the  payment  of  specie  therein. 

5.  All  liabilities  of  such  banks  shall  be  payable  in  specie,  and  the  circulation  of  no  bank, 
shall  exceed  three  dollars  for  one  of  capital  actually  paid  in. 

6.  No  dividends  or  profits  exceeding  ten  per  centum  per  annum  on  the  capital  stock  paid 
in  shall  be  made;  but  all  profits  over  ten  per  centum  per  annum  shall  be  set  apart  and  re 
tained  as  a  safety  fund. 

7.  Stockholders  in  a  bank,  when  an  act  of  forfeiture  is  committed,  or  Avhen  it  is  dissolved 
or  has  expired,  shall  be- individually  and  severally  liable  for  the  redemption  of  the  outstand 
ing  circulation  in  proportion  to  the  stock  owned  by  each,  and  no  transfer  of  stock  shall  ex 
onerate  such  stockholder  from  this  liability,  unless  such  transfer  was  made  at  least  two  years 
previous  to  said  forfeiture,  dissolution,  or  expiration. 

8.  Banks  shall  be  open  to  inspection  under  such  regulations  as  maybe  prescribed  by  law, 
and  it  shall  be  the  duty  of  the  governor  to  appoint  a  person  or  persons,  not  connected  in  any 
manner  with  any  bank  in  the  State,  to  examine  at  least  once  a  year  into  their  state  and 
condition;  and  the  officers  of  every  bank  shall  make  quarterly  returns,  under  oath,  to  the 
governor,  of  its  state  and  condition,  and  the  names  of  the  stockholders  and  shares  held  by 
each. 

9.  Non-user  for  the  space  of  one  year,  or  any  act  of  a  corporation,  or  those  having  control 
or  management  thereof,  or  intrusted  therewith,  inconsistent  with  or  in  violation  of  the  pro 
visions  of  this  constitution  or  of  its  charter,  shall  cause  its  forfeiture,  and  the  general  assem 
bly  shall  by  general  law  provide  a  summary  process  for  the  sequestration  of  its  effects  and 
assets,  and  the  appointment  of  officers  to  settle  its  affairs,  and  no  forfeited  charter  shall  be 
restored. 

10.  The  general  assembly  shall  not  pledge  the  faith  and  credit  of  the  State  to  raise  funds 
in  the  aid  of  any  corporation  whatever. 

ARTICLE  XIV. 
Amendments  and  revisions  of  the  constitution. 

1.  No  part  of  this  constitution  shall  be  altered  except  by  a  convention  duly  elected. 

2.  No  convention  of  the  people  shall  be  called  unless  by  the  concurrence  of  two-thirds  of 
all  the  members  of  each  house  of  the  general  assembly,  made  known  by  the  passing  of  a 
bill,  which  shall  be  read  three  times  on  three  several  days  in  each  house. 

3.  Whenever  a  convention  slmll  bo  called,  proclamation  of  an  election  for  delegates  shall 
be  made  by  the  governor  at  least  thirty  days  before  the  day  of  election.     Every  county  and 
senatorial  district  shall  be  entitled  to  as  many  delegates  as  it  has  representatives  in  the  gen 
eral  assembly.     The  same  qualifications   shall  be  required  in  delegates  and  in  electors  that 
are  required  in  members  of  the  general  assembly  and  voters  for  the  same  respectively,  and 
the  elections  for  delegates  to  a  convention  and  the  returns  of  such  election  shall  be  held  and 
made  in  the  manner  prescribed  by  law  for  regulating  elections  tor  members  of  the  general 
assembly;  but  the  convention  shall  judge  of  the  qualifications  of  its  members. 


30  RECONSTRUCTION. 

ARTICLE  XV. 

Scat  of  government. 

The  seat  of  government  shall  be  and  remain  permanent  at  the  city  of  Tallahassee  until 
otherwise  provided  for  by  the  action  of  a  convention  of  the  people  of  the  State. 

ARTICLE  XVI. 
General  provisions. 

1.  Whereas   slavery  has  been  destroyed  in  this  State  by  the  government  of  the  United 
States  ;  therefore,  neither  slavery  nor  involuntary  servitude  shall  in  future  exist  in  this  State, 
except  as  a  punishment  for  crimes,  whereof  the  party  shall  have  been  convicted  by  the  courts 
of  the  State,  and  all  the  inhabitants  of  the  State,  without  distinction  of  color,  are  free,  and 
shall  enjoy  the  rights  of  person  and  property  without  distinction  of  color. 

2.  In  all  criminal  proceedings  founded  upon  injury  to  a  colored  person,  and  in  all  canes 
affecting  the  rights  and  remedies  of  colored  persons,  no  person  shall  be  incompetent  to  testily 
as  a  witness  on  account  of  color;  in  all  other  cases  the  testimony  of  colored  persons  t>hall  be 
excluded,  unless  made  competent  by  future  legislation.     The  jury  shall  judge  of  the  credi 
bility  of  the  testimony. 

3.  The  jurors  of  this  State  shall  be  white  men,  possessed  of  such  qualifications  as  may  be 
prescribed  by  law. 

4.  Treason  against  the  State  shall  consist  only  in  levying  war  against  it,  or  in  adhering  to 
its  enemies,  giving  them  aid  and  comfort.    No  person  shall  be  convicted  of  treason  unless  on 
the  testimony  of  two  witnesses  to  the  same  overt  act,  or  his  confession  in  open  court. 

5.  Divorces  from  the  bonds  of  matrimony  shall  not  be  allowed  but  by  the  judgment  of  a 
court,  as  shall  be  prescribed  by  law. 

C.  The  general  assembly  shall  declare  by  law  what  parts  of  the  common  law,  and  what 
parts  of  the  civil  law,  not  inconsistent  with  the  constitution,  shall  be  in  force  in  this  State. 

7.  The  oaths  of  officers  directed  to  be  taken  under  this  constitution  may  be  administered 
by  any  judge,  or  justice  of  the  peace,  in  the  State  of  Florida,  until  otherwise  provided  by 
law. 

ARTICLE  XVII. 

Schedule  and  ordinance. 

1.  All  laws  of  the  State  passed  during  and  since  the  tenth  session  of  the  legislature  thereof, 
in  I860,  not  repugnant  to  the  constitution  of  this  State,  or  of  the  United  States,  shall  bo 
valid  ;  all  writs,  actions,  prosecutions,  judgments,  and  decrees  of  the  courts  of  the  State,  all 
executions  and  sales  made  thereunder,  and  all  acts,  orders,  and  proceedings  of  the  judges  of 
probate,  and  of  executors,  administrators,  guardians  and  trustees,   provided  they  were  in 
conformity  to  the  laws  then  in  force,  and  not  fraudulent,  shall  be  as  valid  as  if  made  under 
the  usual  and  ordinary  legislation  of  the  country,  provided  that  the  same  be  not  repugnant  to 
the  constitution  of  the  State  and  of  the  United  States. 

2.  All  fines,  penalties,  forfeitures,  obligations,  and  escheats,  heretofore  accruing  to  the 
State  of  Florida,  and  not  made  unlawful  by  the  Constitution  or  laws  of  the  United  States, 
shall  continue  to  accrue  to  the  use  of  the  State. 

3.  All  recognizances  heretofore  taken  shall  remain  valid,  and  all  bonds  executed  to  the 
governor  of  the  State  of  Florida,  either  before  or  since  the  1st  day  of  January,  18(51,  or  to 
any  other  officer  of  the  State  in  his  official  capacity,  shall  be  of  full  force  and  virtue  for  the 
uses  therein  respectively  expressed,  and  may  be  sued  for  and  recovered  accordingly;  and  all 
criminal  prosecutions  and  px^mil  actions  which  have  arisen  may  be  prosecuted  to  judgment 
and  execution  in  the  name  of  the  State. 

4.  The  provisional  governor  of  this  State  is  hereby  requested  to  authorize  the  civil  officers 
of  this  State  who  were  discharging  the  duties  of  their  offices  prior  to  or  during  the  mouth  of 
May,  A  D.  J8G5,  to  resume  the  execcise  of  the  functions  of  their  respective  offices,  and  to 
make  such  other  appointments  to  office  as  may  be  necessary  or  proper  to  reorganize  or  re 
establish  the  civil  government  of  this  State;   and  all  actions  at  law,  or  suits  in  chancery,  or 
any  proceeding  pending  in  any  of  the  courts  in  this  State,  prior  to  or  during  the  said  month 
of  May.  A.  D.  JSG5,  and  either  before  or  subsequent  to  the  JOth  day  of  January.  A.  D    I8GJ, 
shall  continue  in  all  respects  valid,  and  may  be  prosecuted  to  judgment  and  decree  ;  and  all 
judgments  and  decrees  rendered  in  civil  cases  in  any  of  the  courts  in  this  State  during  the 
period  of  time  last  above  specified,  and  not  repugnant  to  the  Constitution  of  the  United 
States,  are  hereby  declared  of  lull  force,  validity,  and  effect. 

5.  The  provisional  governor  of  the  State  is  hereby  requested  and  authorized,  at  as  early  a 
day  as  practicable,  to  issue  writs  of  election  to  the  proper  officers  in  the  <J;ileieut  counties  in 
this  State,  and  make  proclamation  for  an  election  for  governor   lieutenant  governor,  sec 
retary  of  state,  treasurer,  comptroller  of  public,  accounts,  attorney  general,  cm-ui'.  judges,  judge 
of  probate,  sheriffs,  clerks  of  circuit  courts,  solicitors,  representative  in  Congress,  senators  and 


FLORIDA — LOUISIANA — TEXAS.  3 1 

representatives  of  the  general  assembly,  county  commissioners,  coroners,  justices  of  the 
peace,  county  surveyors,  and  all  other  officers  provided  for  by  this  constitution.  The  said 
election  shall  be  held  on  the  29th  day  of  November,  A.  D.  1865.  The  said  election  shall  be 
conducted  according  to  the  existing  laws  of  the  State  of  Florida,  and  shall  take  placo  on  the 
same  day  throughout  the  State,  the  returns  to  be  made  according  to  law.  The  members  of 
the  general  assembly  so  elected  shall  assemble  on  the  third  Monday  in  December,  A.  D. 
3865.  The  governor*  lieutenant  governor,  secretary  of  state,  treasurer,  comptroller  of  public 
accounts,  attorney  general,  circuit  judges,  judges  of  probate,  sheriffs,  clerks  of  circuit  courts, 
solicitors,  representative  in  Congress,  senators  and  representatives  of  the  general  assembly, 
county  commissioners,  coroners,  justices  of  the  peace,  county  surveyors,  and  all  other  officers 
provided  for  by  this  constitution,  shall  enter  upon  the  duties  of  their  respective  offices  imme 
diately  after  their  election,  and  shall  continue  in  office  in  the  same  manner  and  during  the 
same  period  they  would  have  done  had  they  been  elected  on  the  1st  Monday  in  October,  A.  D. 
186'5.  The  representative  in  Congress  shall  continue  in  office  in  the  same  manner  and  during 
the  same  period  he  would  have  done  had  he  been  elected  on  the  1st  Monday  in  October, 
A.  D.  18C5. 

G.  The  statutes  of  limitation  shall  not  be  pleaded  'upon  any  claim  in  the  hands  of  any 
person  whomsoever,  not  sued  upon  when  such  claim  was  not  barred  by  the  statutes  of  limita 
tion  on  the  lUth  day  of  January,  A.  D.  1861. 

7.  No  law  of  this  State  providing  that  claims  or  demands  against  the  estates  of  decedents 
shall  be  barred  if  not  presented  within  two  years,  shall  be  considered  as  being  in  force  within 
this  State  between  the  JUth  day  of  January,  J8G1,  and  the  28th  day  of  October,  1805. 

Done  in  open  convention.  In  witness  whereof,  the  undersigned,  the  president  of  said  con 
vention,  and  delegates  present,  representing  the  people  of  Florida,  do  hereby  sign  our  names, 
this  the  seventh  day  of  November,  anno  Domini  eighteen  hundred  and  sixty-rive,  and  of 
the  independence  ot  the  United  States  of  America  the  ninetieth  year,  and  the  secretary  of 
said  convention  doth  countersign  the  same. 

E.  D.  TRACY,  President. 

THOMAS  BALTZELL,  DANIEL  G.  LIVINGSTON, 

A.  II.  BUSH,  THOMAS  T.  LONG, 

F.  B.  CALLAWAY,  JAMES  LOVE, 
JAMES  T.  MAGBEE,                                          JOHN  MCLELLAN, 

G.  TROUP  MAXWELL,  JAMES  A.  MICKLER,  Jr., 
ASA  MAY,  S.  L.  NIBLACK, 

W.  B.  COOPER,  SILAS  T.  OVERSTREET, 

W.  R.  COULTER,  JAMES  G.  OWENS, 

R.  H.  M.  DAVIDSON,  JOHN  C.  RICHARD, 

ARTHUR  J.  FORMAN,  JACKSON  N.  RLCHARDS, 

ALEXANDER  BELL,  A.  RICHARDSON, 

JAMES  GETTIS,  W.  WASH.  SCOTT, 

W.  J.  J.  DUNCAN,  MOSES  SIMMONS, 

JAMES  D.  GREEN,  S.  SPENCER, 

FRANCIS  A.  HENDRY,  J.  L.  TAYLOR, 

W.  JAMES  MINES,  G.  K.  WALKER, 

D.  P.  HOGUE,  D.  W.  WHITEHURST, 

J.  W.  H.  HOLDEN,  JAMI:S  A.  WIGGINS, 

JAMES  F.  P.  JOHNSON,  B.  D.  WRIGHT, 

WTILLIAM  W.  J.  KELLY,  WILLIAM  WILSON, 

J.  M.  LANDRUM,  WILLIAM  CAPERS  BIRD, 

JESSE  B.  I^ASSITER,  WILEY  W.  WHIDDEN. 
FELIX  LESLIE, 

A.  J.  PEELER,  Secretary, 


Ordinances  adopted  at  a  convention  of  the  people  asscmlhd  at  the  city  of  Tallahassee  on  the 

25* h  day  of  October,  18G5. 

No.  1. 
AN  ORDINANCE  to  annul  the  ordinance  of  secession. 

Whereas  the  people  of  the  State  of  Florida  are  desirous,  in  good  faith,  to  restore  the  State 
to  her  former  peaceful  relations  with  the  United  States :  Therefore, 

Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled,  That  the  ordi 
nance  adopted  by  the  convention  of  the  people  on  the  10th  day  of  January,  A.  D.  1861. 
known  as  the  secession  ordinance,  be,  Hiid  the  same  is  hereby,  annulled. 

Done  in  open  convention,  October  28,  1865. 


32  RECONSTRUCTION. 


No.  2. 


INO.  '£. 

AN  ORDINANCE  to  provide  for  the  pay  and  mileage  of  the  members  and  other  expenses  of 

the  convention. 

SECTION  1.  Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled,  That 
the  provisional  governor  of  this  State  be  empowered  and  authorized  to  borrow  a  .sum  of  money 
sufficient  to  pay  and  discharge  the  pay  and  mileage  of  the  members  of  this  'convention  its 
Officers,  and  all  incidental  expenses,  and  that  he  be  authorized  to  sign  a  bond  for  the  payment 
of  the  money  borrowed,  with  interest  thereon,  not  exceeding  the  rate  of  eight  per  centum  per 
annum,  the  said  bond  to  be  paid  and  discharged  out  of  the  first  money  collected  and  paid  into 
the  treasury,  which  may  be  sufficient  for  that  purpose. 

SEC.  2.  Be  it  further  orda<ned,  That,  in  default  of  the  ability  of  the  provisional  governor  to 
borrow  the  said  sum  of  money,  he  be  authorized  to  issue  certificates  of  indebtedness  to  defray 
the  aforesaid  pay  and  expenses,  which  certificates  shall  be  made  payable  to  the  person  or 
bearer  and  shall  be  received  in  payment  of  all  public  dues,  and  be  first  paid  in  preference  to 
any  other  claim  or  demand  against  the  State,  out  of  any  money  hereafter  collected  and  paid 
into  the  treasury. 

SEC.  3.  Be  it  further  ordained,  That  the  pay  of  the  members  of  this  convention  shall  be  a 
per  diem  ot  five  dollars  and  mileage  at  ten  cents  per  mile  each  way. 

r  uEC'  *'J?C  i{furi}l4ir  ordained,  That  the  pay  of  the  officers  of  this  convention  shall  be  as 
follows  :  The  secretary  shall  receive  for  his  services  eight  dollars  per  day,  and  each  of  his  as 
sistants  shall  receive  for  their  services  six  dollars  per  day;  the  sergeant-at-arms  shall  receive 
lor  his  services  six  golfers  per  day  ;  the  doorkeeper  for  his  services  six  dollars  per  dav  •  and 
the  messenger  for  his  services  six  dollars  per  day. 

SKC.  5  .lie  it  further  ordained,  That  the  secretary  of  the  convention  be,  and  he  is  hereby, 
authorized  to  audit  the  account  of  the  members  and  all  other  expenses,  and  upon  a  certificate 
signed  by  the  president  and  secretary,  the  same  shall  be  paid  by  the  provisional  governor,  as 
hereinbefore  provided. 

Done  in  open  convention,  November  4,  1865. 

No.  3. 
AN  ORDINANCE  to  repeal  certain  ordinances  and  acts  therein  mentioned,  and  for  other 


purposes. 


SECTION  ] .  Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled,  That 
au  ordinances  and  resolutions  heretofore  passed  by  any  convention  of  the  people  of  this  State 
and  all  acts  and  resolutions  of  the  general  assembly  of  this  State,  conflicting  or  inconsistent 
with  the  Constitution  of  the  United  States  and  of  the  State  of  Florida,  and  in  derogation  of 
the  existence  or  position  of  this  State  as  one  of  the  United  States  of  America,  be  and'the  same 
are  hereby,  repealed. 

Sec.  '2.  That  all  lawful  and  regular  acts  of  the  several  executive,  judicial,  and  ministerial 
officers  ot  this  State,  since  the  lOth  day  of  January,  A.  D.  1861,  be,  and  the  sumo  are  hereby 
declared  to  be,  in  all  respects  regular,  valid,  ami  justifiable. 

SEC.  3.  That  it  shall  be  the  duty  of  the  general  assembly  to  make  provision  whereby  per 
sons  who  held  offices  under  the  United  States  in  this  State  on  or  before  the  10th  day  of  Jan- 
lary,  A.  1).  186J,  may  be  reimbursed  or  held  without  damage  for  moneys  or  other  property 
in  their  possession  belonging  to  the  government  of  the  United  States,  and  which  were  bv  them 
I  over  or  paid  to  the  treasury  or  government  of  the  State. 

SEC.  4.  That  all  marriages  to  which  there  was  no  legal  impediment,  solemnized  in  this 
State  since  the  10th  day  of  January,  A.  D.  186J,  by  an  ordained  minister  of  the  gospel,  jus 
tice  ot  the  peace,  judicial  officer  of  this  State,  notary  public,  or  commissioned  officer  in  the 
army  or  navy  of  the  United  States,  shall  be,  and  the  same  are  hereby  declared  to  be  Wai 
and  binding,  to  all  intents  and  purposes  whatsoever. 

Done  in  open  convention,  November  4,  1865. 


No.  4. 

AN  ORDINANCE  en  vagrancy. 

SECTION  1.  Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled, 
Inat  upon  complaint  made  on  oath  before  a  justice  of  the  peace,  mavor,  alderman,  or 
intendant  of  police,  or  a  judge  of  the  circuit  court,  that  any  person  able  to  work,  or  other 
wise  to  support  himself  in  a  reputable  way,  is  wandering  or  strolling  about,  or  leading  an 
idle  or  profligate,  or  immoral  course  of  life,  to  issue  his  warrant  to  the  sheriff  or  anv  con 
stable,  commanding  him  to  arrest  the  party  accused  and  bring  him  before  such  justice  of  the 


FLORIDA — LOUISIANA — TEXAS.  33 

peace  or  other  officer,  and  if  the  said  officer  should  be  satisfied  by  the  testimony  of  the  guilt 
of  the  accused,  the  said  officer  shall  require  him  to  enter  into  bond,  payable  to  the  governor 
of  Florida  and  his  successors  in  office,  in  such  sum  as  the  said  officer  may  prescribe,  not  to 
exceed  live  hundred  dollars,  with  sufficient  security,  to  be  approved  by  said  officer,  for  h:s 
good  behavior  and  future  industry  for  one  year  ;  and  upon  his  tailing  or  refusing  to  give  siu-h 
security,  he  shall  be  committed  and  indicted  as  a  vagrant,  and  on  conviction  shall  be 
punished  by  a  fine  not  exceeding  five  hundred  dollars,  and  imprisoned  for  a  time  not  exceed 
ing  twelve  months,  or  by  being  sold  for  a  term  not  exceeding  twelve  months,  at  the  dis 
cretion  of  the  court,  and  that  this  ordinance  shall  be  in  force  only  until  the  general  assembly 
shall  make  provision  on  this  subject. 

SEC.  2.  That  it  shall  be  the  duty  of  the  general  assembly  to  pass  such  laws  as  it  may 
deem  best  calculated  to  prevent  vagrancy  in  this  State. 

Done  in  open  convention,  November  4,  1865. 


No.  5. 
AN  ORDINANCE  to  continue  in  force  certain  acts  therein  mentioned. 

SECTION  1.  Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled, 
That  all  acts  and  amendments  heretofore  passed  in  relation  to  the  municipal  governments  of 
the  cities  of  Pensacola  and  Appalachicola,  not  repugnant  to  the  Constitution  of  the  United 
States,  be,  and  the  same  are  hereby,  declared  to  be  in  full  force. 

SEC.  2,  An  election  for  mayor  and  other  municipal  officers  may  be  held  on  the  fourth 
Monday  in  November,  1865,  under  the  rules  prescribed  in  the  charters  of  said  cities;  and 
the  mayor  and  other  members  of  the  city  government  so  elected  shall  continue  in  office  as 
though  they  were  regularly  elected  on  the  election  day  fixed  in  the  respective  charters  of  the 
cities  of  Peusacola  and  Appalachicola. 

SEC.  3.  That  all  acts  and  amendments  thereto  relating  to  the  Alabama  and  Florida  rail 
road  be,  and  the  same  are  hereby,  confirmed  and  declared  to  be  in  full  force. 

Done  in  open  convention,  November  6,  1865. 


No.  6. 

AN  ORDINANCE  in  relation  to  the  State  treasury  notes. 

Be  it  ordained  J/y  the  people,  of  the  State  of  Florida  in  convention  assembled.  That  all  State 
treasury  notes  issued,  and  all  other  liabilities  contracted  by  the  State  of  Florida  on  or  after 
the  I  Oth  day  of  January,  A.  D.  1861,  to  the  25th  day  of  October,  A.  D.  1865,  except  such 
liabilities  as  may  be  due  to  the  seminary  and  school  funds,  and  such  other  liabilities  as  are 
provided  for  by  this  constitution,  be  and  are  declared  void,  and  the  general  assembly  shall 
nave  no  power  to  provide  for  the  payment  of  the  same  or  any  part  thereof. 

Done  in  open  convention,  November  6,  1865. 


No.  7. 

AN  ORDINANCE  in  relation  to  State  liabilities. 

Be  it  ordained  by  the  people  of  the  State  of  Florida  in  conrention  assembled,  Thr.t  the 
•rdinance  in  relation  to  State  liabilities  and  treasury  notes  shall  not  be  construed  to  invali 
date,  impair,  or  make  void  any  bonajide  contract  or  liability  of  the  State  of  Florida  incurred 
or  undertaken  prior  to  the  date  of  the  ordinance  of  secession:  Provided,  That  this  ordinance 
shall  not  apply  to  any  claims  which  have  heretofore  been  declared  fraudulent  or  have  been 
rejected  by  the  State. 

Done  in  open  convention,  November  7,  1865. 


No.  8. 
AN  ORDINANCE  in  reference  to  contracts  made  during  the  late  war. 

SECTION  1.  Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled, 
That  in  all  proceedings  in  the  courts  of  this  State  founded  upon  a  contract  or  contracts  made 
and  entered  into  during  the  late  war  between  the  United  States  and  the  late  Confederate 
States,  the  courts  are  hereby  authorized  to  admit  testimony  as  to  the  value  of  the  property  or 
consideration  contemplated  by  the  parties  to  said  contracts,  and  to  instruct  the  jury  to  rind 
accordingly,  provided  that  the  defendant  shall  allege  by  plea  under  oath,  and  prove  to  the 

3  F  L    T 


34  RECONSTRUCTION. 

satisfaction  of  the  jury,  that  the  currency  contemplated  in  the  payment  of  said  contract  or 
contracts  was  confederate  or  State  treasury  notes,  or  upon  what  basis  the  consideration,  or 
the  value  of  the  property  or  its  use,  which  was  estimated  at  the  time  of  the  formation  of  said 
con  tract  or  contracts.  ' 

SKC.  2.  Be  it  further  ordained,  That  executors,  administrators,  trustees  and  guardians  are 
hereby  authorized,  by  and  with  the  approval  of  the  probate  court,  to  compromise  with  persons 
against  whom  they  hold  notes  or  claims  made  during  the  war  aforesaid,  upon  the  basis  of  the 
real  value  of  tbe  property  or  consideration  for  which  said  notes  were  given,  or  upon  which 
said  claims  were  founded. 

Done  in  open  convention,  November  7,  18G5. 


No.  9. 
AN  ORDINANCE  for  the  relief  and  protection  of  certain  persons  therein  named. 

SECTION  1.  Be  it  ordained  by  the  people  of  the  State  of  Florida  in  convention  assembled, 
That  in  all  cases  in  which  judgment  or  decrees  of  the  courts  of  this  State  have  been  rendered 
against  parties  in  the  military  service,  whether  such  parties  were  defendants  or  plaintiffs  in 
their  own  right,  or  as  the  representatives  of  otters,  the  said  parties  ^hall  have  the  right  of 
rehearing,  new  trial,  or  appeal  for  six  months  after  the  reorganization  of  the  State  government 
Tinder  this  constitution,  and  no  execution  or  other  process  shall  it-sue  under  such  judgment  or 
decree  until  after  the  expiration  of  six  mouths,  provided  that  the  party  asking  for  such  re 
hearing,  new  trial,  or  appeal  shall  make  it  appear  to  the  satisfaction  of  the  court  that  the 
case  on  bis  part  has  not  been  fully  heard  upon  the  merits,  before  such  motion  shall  bo  granted. 

Done  in  open  convention,  November  7,  1865. 


RESOLUTIONS. 

No.  1. 

A  RESOLUTION  making  it  the  duty  of  the  secretary  of  the  convention  to  have  published 
and  to  distribute  the  ordinances  and  constitution  adopted  by  the  convention,  and  for  other 
purposes. 

Resolved,  That,  as  soon  as  practicable  after  the  adjournment  of  this  convention,  it  shall  be 
the  duty  of  the  secretary  of  the  same  to  have  published  the  ordinances  and  constitution 
adopted  by  this  convention,  with  a  general  index  thereto,  and  with  such  marginal  notes  and 
references  as  may  be  proper,  and  that  when  so  published  he  shall  send  to  each  member  of 
this  convention  three  copies  of  said  ordinances  and  constitution,  with  three  copies  of  the 
journal  of  proceedings ;  and  that  fo.r  his  services  he  shall  receive  such  compensation  as  may 
be  fixed  by  the  next  general  assembly. 

Sr.r.  2.  Be  it  further  resolved,  That  when  the  secretary  shall  have  discharged  the  duties 
required  of  him  by  this  resolution,  he  shall  file  with  the  secretary  of  state  all  the  enrolled 
ordinances  and  the  constitution  adopted,  with  all  other  books  and  papers  remaining  in  his 
hands  and  appertaining  to  the  proceedings  of  this  convention. 

Adopted  in  open  convention,  November  3,  1865. 


No.  2. 
A  RESOLUTION  in  reference  to  Jefftrson  Davis,  of  Mississippi 

AVhereas  the  convention  of  the  State  of  Florida  feel  deep  solicitude  for  the  president  of  the 
late  southern  confederacy,  Jefferson  Davis,  and  bring  mindful  that  he  was  bur  an  instrument 
of  the  people  of  the  southern  States,  and  guilty  only  to  the  extent  of  others,  win.  have 
already  been  pardoned  for  the  same  offence,  and  respectfully  suggesting  that  in  his  release 
the  g  .'vernnient  would  illustrate  its  wisdom,  magnanimity,  and  clemency,  not  only  to  the 
people  of  the  United  States,  but  the  world  at  layge: 
Resolved,  That  his  excellency  Andrew  Johnson.  President  of  the  United  States,  whose 

administration  has  been  signalized   in  a  most  extraordinary  de-riee  by  the  y.rent   virtues  of 

c  emeiicv  and  me  ivy,  be  requested  to  extend  a  pardon  to  the  said  Jetler.-on  Dav.s. 

lii^olrul  further.  That  the  president  of  this  convention  be  requested  to  communicate  this 

resolution  to  his  excellency  President  Johnson. 
Adopted  in  open  convention.,  November  4,  Ib65. 


FLORIDA — LOUISIANA — TEXAS.  35 

No.  3. 
A  RESOLUTION  in  reference  to  S.  R.  Mallory  aiid  others,  of  Florida. 

Whereas 'the  convention,  in  common  with  the  people  of  Florida,  take  a  deep  interest  in 

their  ennui-lit  fellow-citizens,  the  houorables  D.  8.  Yulee,  S.  R.  Mallory,  and  Governor  A. 
K.  Allison,  now  lor  a  long  time  detained  in  confinement  by  the  general  government,  and  feel 
ing  assured  that  they  are  no  only  well  disposed  and  loyal  to  the  government,  but  by  their 
talents,  energy,  and  lair  standing,  would  exert  a  favorable  influence  in  restoring  order  and 
prosperity  to  t'he  State  in  her  present  disturbed  condition,  whilst  their  own  private  affairs  and 
the  condition  of  their  families  require  also  their  presence  at  home : 

Be  it  thertfurf  n:solced  by  this  convention,  That  a  deputation  consisting  of  three  persons 
be  selected  bv  the  convention  to  wait  upon  the  President  of  the  United  States  at  an  early 
period  and  respectfully  to  present  the  cogent  claims  of  these  individuals  to  his  clemency, 
and  to  express  to  him  the  great  gratification  it  would  afford  the  convention  and  people  of 
Florida  to  have  their  speedy  release. 

Adopted  in  open  convention,  November  4,  1865. 


No.  4. 

A  RESOLUTION  requesting  his  excellency  the  provisional  governor  to  appoint  a  com 
mission  of  three  qualified  gentlemen  to  examine  and  report  to  the  next  session  of  the  gen 
eral  assembly,  for  their  action  thereupon,  certain  matters  therein  mentioned. 

Rp.solccd,  That  his  excellency  the  provisional  governor  be  requested  to  appoint  a  com 
mission  of  three  qualified- gentlemen  to  examine  and  report  to  the  next  session  of  the  general 
assembly,  for  their  action  thereupon,  the  changes  and  amendments  to  be  made  to  the  exist 
ing  statutes,  and  the  additions  required  thereto,  so  as  to  cause  the  same  to  conform  to  the 
requisitions  of  the  amended  constitution,  and  with  reference  especially  to  the  altered  condi 
tion  of  the  colored  race,  under  the  operation  of  the  President's  proclamation  of  emancipation, 
and  the  action  of  this  convention. 

Adopted  in  open  convention,  November  6,  1865. 


No.  5. 

A  RESOLUTION  requesting  his  excellency  the  provisional  governor  to  exert  himself  to 
have  removed  from  the  interior  of  the  State,  at  as  early  a  day  as  possible,  the  colored 
troops  of  the  United  States,  and  for  other  purposes. 

Resolved,  That  his  excellency  the  provisional  governor  be  respectfully  requested  to  exert 
himself  to  have  removed  from  the  interior  of  the  State,  at  as  early  a  day  as  possible,  the 
colored  troops  of  the  United  States,  and  to  the  end  that  good  order  and  peace  may  be  pre 
served,  the  provisional  governor  is  hereby  authorized  to  organize  the  militia  forces  of  this 
State  for  such  purposes  when  in  his  opinion  it  may  be  necessary. 

Adopted  in  open  convention  November  6,  1865. 


WASHINGTON,  February  3,  1866. 

Brigadier  General  W.  E.  Strong  appeared  and  presented  the  following  report  on  the  condi 
tion  of  affairs  in  the  State  of  Texas : 

WAR  DEPARTMENT, 
BUREAU  OF  REFUGEES,  FREEDMEN,  AND  ABANDONED  LANDS, 

Washington,  D.  C.,  January  1,  1866. 

GENERAL  :  In  accordance  with  instructions  received  from  you  early  in  October  last,  as  con 
tained  in  Special  Orders  No.  84,  dated  at  these  headquarters,  I  have  the  honor  respectfully  to 
submit  for  your  information  the  following  report  of  my  action  and  observation  in  the  State 
of  Texas : 

1  passed  little  more  than  a  month  in  the  State,  and  during  that  time  used  every  endeavor 
to  ascertain  the  true  condition  of  the  freedmen;  what  they  were  doing  to  support  themselves, 
and  what  the  citizens  of  Texas,  their  former  masters,  were  doing  for  them  under  the  new 
order  of  things. 

As  it  was  impossible  for  me  to  visit  every  portion  of  the  State  without  remaining  several 
mouths,  and  as  the  time  allowed  for  my  inspection  was  limited,  I  decided,  alter  consultation 


36  RECONSTRUCTION. 

with  various  officers  on  dutv  at  Galvoston  and  Houston,  to  travel  in  the  eastern  portion  of 
the  State  on  the  Trinity  river,  and  between  the  Trinity  and  N-c-h.-s  rivers.  This  secttonoi 
country  is  acknowledged  by  all  officers  and  citizens  with  whom  I  conversed  to  be  the  very 
wont  Lrtiou  of  tho  State  and  it.  was  thought  that  more  good  could  he  done  on  this  route 
tluJn  any  other.  1  also  visited  the  extreme  western  portion  of  the  State  and  several  points 
alono-  tl'ic  eoast  between  Galveston  and  the  month  of  the  Eio  Grande^ 

1  travelled  with  an  escort  of  cavalry  furnished  by  Major  General  Mower  commanding  at 
Houston,  and  was  accompanied  us  far  as  Huntsville  by  Brigadier  General  L.M.  Gregory 
assistant  commissioner  of  this  bureau  for  the  State  of  Texas,  and  Colonel  De  Grass,  provost 
marshal  general  of  the  district  commanded  by  General  Mower,  and  who,  m  addition  to  his 
military  duties,  has  eharge  of  the  freedmen,  reporting  direct  to  General  Gregory 

At  Huntsville  Generaf  Gregory  and  myself  separated-he  swinging  to  the  lei    and  head- 
in-  towards  Mellicnn,  the  terminus  of  the  railroad,  and  I,  accompanied  by  Colonel  I 
with  a  portion  of  the  escort,  striking  out  in  a  due  easterly  course,  crossing  the  Irmit; 
at  Evan's  ferrv      General  Gregory  and  I  separated,  not  on  account  of  any  disagreement  or 
miScre  anding  as  was  «Torted  in  New  Orleans  by  a  Texas  delegation  and  te  ographed 
over  the  country:  but  simply  for  the  reason  that  we  believed  more  good  could  tovxQiar 

^^^^r  line  of  march  the  freedmen  were  collected  togeth  er  from  the 
surrounding  country,  and  as  many  of  the  planters  as  could  be  induced  to  at  end  and  a 
dressed  by  General  Gregory  and  myself.  We  explained  to  them  in  as  simple  and  clear  a 
manner  as  possible  theiF  rights,  privileges  and  responsibilities,  and  what  the  government  and 
Country  expected  of  them  as  freedmen.  We  told  them  that  they  were  tree,  and  that  they 
could  never  be  slaves  again  ;  that  they  were  free  to  go  and  come  wherever  they  pleased  and 
to  work  for  whomever  they  thought  proper,  and  to  control  and  use  their  own  wages,  and  that 
they  had  the  same  right  to  purchase  and  own  land,  horses,  mules  and  farming  implements 

hat  any  whit  person  had  f  and  we  advised  them,  when  they  had  accumulated  money  enough 
to  buy  a  piece  of  land,  to  invest  it  in  that  way.  We  also  advised  them  to  remain  at  heir  old 
homeland  hire  to  thefc  former  masters  if  they  had  been  kindly  treated  and  could  obtain  fair 
compensation  for  their  labor  ;  and  if  not,  to  look  about  and  make  ""^.^.P""* 
whom  they  had  confidence,  and  who  would  treat  them  iairly  and  pay  them  liberally  tor  the  r 
work  We  urged  upon  them  the  necessity  of  making  contracts  tor  the  year  Ifcbb,  and  when 
Tee  made  that  they  must  observe  and  fulfil  them  religiously  ;  and  that  if  any  of  them  broke 
a  con  tract,  through^  fault  of  the  employer,  they  would  forfeit  their  wages  or  be  compelled 
to  carry  out  theifportion  of  the  agreement.  We  also  disabused  their  minds  of  the  r,po, 
that  had  been  circulated  very  freely  among  them  by  corrupt  and  evil-designed  persons  aa  ft 
a  general  distribution  of  the  property;  and  impressed  upon  their  minds  the  tact  th  at  there 
wfs  to  be  no  division  of  lands,  horses,  mules,  and  tanning  utensils  on  ISewlear  s  day  tha 
the  lands  were  owned  by  the  citizens  of  Texas,  and  not  by  the  government  ;  that  the  I.  mted 

States  had  nothing  whatever  to  give  them  ;  that  they  had  been  made  free  by  the  action  of 
^egovWment  fnd  that  in  return  for  this  they  must  show  by  their  industry  and  perao- 

VSralttyT:nV^sf  a^tly  able  speaker,  and  these  meetings,  which  wer, 
usually  held  at  uiiht,  and  conducted  by  him  'in  conjunction  with  religious  exercises  I  sun 
we  11  satisfied  made  a  lasting  impression  upon  the  freedmen,  and  resulted  in  much  good. 

I  no  my  wish  or  intention  to  pass  judgment  upon  the  entire  State  of  I  exas  by  wha  I 
saw  on  my  inspection  tour.  I,  of  course,  travelled  over  but  a  small  portion  ot  the  State, 
and,  •  I  LveVeretofore  remarked,  in  what  is  known  as  the  very  worst  section.  In  the 
large  cities,  such  as  Galveston,  Houston,  San  Antonio,  and  Austin  then-  are  many  most  ex 
cellent  men;  men  who  are  anxious  and  willing  to  abide  by  the  laws  ot  the  country,  and 
who  would  use  all  their  influence  and  energy  to  promote  peace  and  harmony  among  the 
freedmen  and  whites.  I  found  this  to  be  true  in  several  ot  the  larger  ernes  which  1  >  sited, 
it  was  particularly  the  case  in  Houston.  I  met  as  fine  gentlemen  as  I  have  evei 
was  treated  bv  them,  during  my  visit  in  the  city,  with  the  greatest  kindness  and  cour  esy 

Thv  a  majority  of  these  gentlemen  were  sincere  in  their  expressions  1  am  thoroughly  e 


n  United  States  troops,  and  held  ,   nndtt 

strfc    military  discipline;    and  the  citixens   dare   not  express  themselves   m  an  un  rendlv 
n  aniier  towards  the  United   States  soldiers    and   the   government,   even  though  t.iey  le 

ined  to  do  so.  In  the  interior  of  the  State,  one  or  two  hundred  miles  from  the  pi  eminent 
cties  way  froin  the  influence  of  federal  troops  and  federal  bayonets,  at  points  where  our 
a  my  ha  never  penetrated,  and  whore  the  eiti/.ens  have  but  little  tear  ot  arrest  and  punish- 
mem  foTcSSmmitted,  I  assunj  you  there  is  a  fearful  state  of  things  ;  the  trceduien  are 

rule,   treated  well.      Cases  of  extreme 


,  . 

crue  we  every  rare.  It  was  tor  the  interest  of  the  master  to  take  care  ot  them,  and  not 
to  H  fVe  U  h,\  n  ;y  now  it  is  quite  different  ;  they  have  QO  interest  in  tl.eir  .eliare,  and  seem  to 
take  everv  ouuortunity  to  vent  their  rago  and  hatred  upon  the  blacks.  1  hey  are  t.i;Mueuny 
beaten  umuei  fully,  aud  shot  down  Uke  wild  beasts,  without  any  provocation  foUowea 
wi?  h  oimd  and  maltreated  iu  every  possible  way.  It  is  the  same  old  rtory  ot  cruelty 


FLORIDA — LOUISIANA — TEXAS  3  7 

only  there  is  more  of  it  in  Texas  than  any  southern  State  that  I  have  visited.  I  could  cite 
many  casts  of  cruelty  that  came  under  my  own  observation  if  it  were  necessary  to  do  so. 

The  planters  generally  seemed  discouraged,  and  insisted  that  the  system  of  free  labor 
would  never  answer ;  that  the  negroes  were  idle  and  worthless,  and  showed  no  disposition 
to  work,  and  were  wandering  about  the  country  utterly  demoralized,  and  were  plundering 
and  stealing  indiscriminately  from  the  citizens.  It  was  also  generally  reported  by  the  white 
people  that  the  freed  men  failed  wholly  to  fulfil  their  contracts,  and  that  when  they  were 
needed  most  to  save  the  cotton  crop  they  would  stop  their  work  and  leave  them,  and  without 
any  cause  whatever. 

After  a  careful  investigation,  I  don't  find  these  charges  against  the  freed  men  to  be  wholly 
true.  The  entire  crop  raised  in  Texas — cotton,  corn,  sugar,  and  what  was  gathered  and 
saved  by  the  first  of  December — most  assuredly  no  white  man  in  Texas  had  anything  to  do 
with  gathering  the  crops  except,  perhaps,  to  look  on  and  give  orders.  Who  did  the  work  ? 
The  freedmen,  I  am  well  convinced,  had  something  to  do  with  it,  and  yet  there  is  a  fierce 
murmur  of  complaint  against  them  everywhere  that  they  are  lazy  and  insolent,  and  that 
there  is  no  hope  for  a  better  condition  of  affairs  unless  they  can  be  permitted  to  resort  to  the 
overseer,  whip  and  hounds. 

Two-thirds  of  the  freedmen  in  the  section  of  country  which  I  travelled  over  have  never 
received  one  cent  of  wages  since  they  were  declared  free.  A  few  of  them  were  promised 
something  at  the  end  of  the  year,  but  instances  of  prompt  payment  of  wages  are  very  rare. 
Net  one  m  ten  would  have  received  any.  compensation  for  labor  performed  during  the  year 
18G5,  had  it  not  been  for  the  vigorous  measures  resorted  to  by  Colonel  DeGrass,  provost 
marshal  general  of  the  district  of  Houston,  who  sends  into  the  interior,  frequently  two  hun 
dred  miles,  and  arrests  the  parties  who  have  been  guilty  of  cruelty  to  the  freed  people  ;  and 
where  they  have  violated  their  contracts  with  them,  compels  them  to  mak*'  fair  and  equita 
ble  settlements.  Colonel  DeGrass  has  a  small  command  of  cavalry  under  his  control,  and 
he  keeps  it  in  motion  constantly  through  the  country  searching  for  parties  who  have  mur 
dered  or  maltreated  the  freedmen.  I  cannot  speak  too  highly  of  the  course  pursued  by  the 
colonel.  He  displays  the  same  earnestness  of  purpose,  and  fearlessness  in  the  discharge  of 
his  duty,  that  he  ever  did  in  the  old  army  of  the  Tennessee;  and  although  his  life  has  been 
threatened  by  the  chivalric  citizens  of  the  country,  yet  he  is  not  deterred  by  their  threats 
from  discharging  his  duty,  as  he  understands  it.  He  is  a  true  friend  of  the  black  people, 
and  will  not  see  them  ill  used.  I  know  that  some  of  the  lessons  which  he  has  taught  the 
citizens  in  the  vicinity  of  Houston  will  not  soon  be  forgotten. 

I  saw  freedmen  east  of  the  Trinity  river  who  did  not  know  that  they  were  free  until  I  told 
them  There  had  been  vague  rumors  circulated  among  them  that  they  were  to  be  free  on 
Christmas  day,  and  that  on  New  Years  there  was  to  be  a  grand  division  of  the  property; 
that  one-half  was  to  be  given  to  the  black  people.  The  report  circulated  so  extensively 
among  the  freedmen  with  regard  to  a  division  of  the  property  on  or  about  the  holidays,  and 
which  was  believed  by  many  of  them,  was  taught  them  by  the  citizens  during  the  war. 
Public  speakers  in  different  portions  of  the  State  declared  and  insisted  that  the  only  object 
the  Yankees  had  in  continuing  the  war  was  to  free  the  negroes,  and  that  if  the  southern  peo 
ple  were  beaten,  all  the  lands  and  property  would  be  taken  from  them  and  given  to  the 
blacks,  and  that  the  poor  white  and  rich  people  alike  would  be  enslaved.  It  is  not  strange 
that  the  freedmen,  hearing  this  matter  talked  of  publicly  for  four  years  by  men  of  influence 
and  standing,  should  finally  believe  there  was  some  truth  in  it.  Nearly  all  the  freedineu  I 
met  preferred  to  wait  till  after  New  Years  be  lore  making  contracts  for  the  year  18(56. 

In  the  vicinity  of  Mount  Jordan  and  Jasper,  on  the  Neches  river,  and  San  Augustine,  and 
in  all  that  section  of  country  situated  and  being  between  the  Neches  and  Sabme  rivers,  and 
as  far  north  as  Henderson,  I  was  credibly  informed  ami  iirnlly  believe  that  the  freedmen  are 
still  held  in  a  state  of  slavery,  and  aie  being  treated  with  the  most  intense  cruelty  by  their 
former  masters  ;  and  I  am  well  satisfied  that  the  freedmen  will  be  kept  in  ignorance  of  their 
true  status,  and  will  be  forced  to  work  without  wages  in  these  isolated  districts,  until  troops 
can  be  sent  to  occupy,  fora  time  at  least,  this  portion  of  the  State,  and  until  a  few  wholesome 
lessons  have  been  administered  to  the  natives.  One  campaign  of  an  army  through  the  eastern 
part  of  the  State,  such  as  was  made  by  General  Sherman  in  South  Carolina,  would  greatly 
improve  the  temper  and  generosity  of  the  people. 

The  most  intense  hatred  is  shown  by  many  of  the  citizens  of  the  country  towards  northern 
men,  officers  and  soldiers  of  our  army,  and  the  United  States  government.  Very  many  of 
the  ex-confederate  officers  and  soldiers  wear  their  old  uniforms,  with  buttons,  insignia  of 
rank,  and  nearly  every  man  we  met  in  travelling  was  armed  with  a  kmfc,  seven-shooter, 
and  double  barrelled  shot-gun.  At  hotels,  and  various  places  where  we  hajted  for  the  night, 
the  gallant  cavaliers  who  claim  that  they  whipped  the  Yankees  in  the  last  battle  of  the  war, 
and  that  they  are  able  to  do  it  every  day  in  the  year,  would  co  lect  in  groups  and  talk,  in  a 
tone  particularly  intended  for  our  cars,  of  the  deeds  they  had  performed,  and  aie  number  of 
Yankees  they  had  slain,  and  that  if  an  opportunity  ever  occurred  they  were  ready  and  anx 
ious  to  fight  against  the  United  States. 

After  leaving  Iluntsville  our  escort  was  reduced  to  twelve  men,  and  a  disposition  was 
shown  upon  one  occasion  to  attack  the  party;  but  the  Spencer  carbines  carried  by  the  men 
rather  deterred  them  from  so  doing.  Wo  were  not  molested.  We  were  treated,  however,  on 


3  8  RECONSTRUCTION. 

the  road  and  in  the  villages  at  which  wo  stopped  with  the  most  marked  discourtesy  and 
contempt.  I  cannot  account  for  tin-  bitter  feeling  tli.it  seems  to  exist  against  soldiers  In-long 
ing  to  our  army  and  the  government,  unless  it  inaj  be  for  the  reason  that  they  know  less 

about  the  war,  and  have  seen  less  of  our  troops  than  any  other  people,  and  therefore  cannot 
appreciate  the  power  and  strength  of  the  government.  In  other  .southern  States  I  have  been 
treated  with  greater  courtesy  and  kindness  by  officers  and  soldiers  of  the  confederate  army 
than  by  any  oiher  class  of  people. 

In  my  judgment, .there  is  but  little  trouble  in  getting  the  freedmen  to  work  if  the  citizens 
will  treat  them  with  some  degree  of  fairness  and  honesty,  and  pay  them  reasonable  Avages 
when  they  work  well,  and  luih'l  their  own  promises  and  agreements.  They  have  as  yet  of 
fered  no  inducements  for  the  freed  people  to  labor. 

I  am  not  surprised  that  they  have  refused  to  make  contracts  for  the  present  year.  They 
have  universally  been  treated  with  bad  faith,  and  very  few  have  received  any  compensation 
for  work  performed  up  to  the  close  of  the  year  1865. 

I  cannot  blame  them  for  hesitating  about  making  contracts  which  were  to  bind  them  for 
a  year,  and  with  no  guarantee  that  they  were  to  be  treated  better  than  when  they  were  slaves. 
They  have  received,  thus  far,  for  their  work,  as  a  class,  curses,  blows,  poor  clothing,  and 
poorer  food.  There  are  exceptions.  I  learned  the  names  of  a  few  planters  who  had  done 
well  by  the  freedmen,  and  had  paid  ten  dollars  per  month  in  specie  for  first-class  field  labor, 
and  the  other  hands  in  proportion;  but  .seven  out  of  every  ten  who  have  paid  wages  to  the 
freed  people,  in  the  vicinity  of  Houston,  have  done  so  over  the  point  of  the  bayonet  in  the 
office  of  the  provost  marshal  general,  rather  than  go  to  jail. 

General  Gregory  assured  them  that  their  employers  would  be  forced  to  pay  them  every 
farthing  that  was  justly  due ;  and  I  have  learned  that,  during  the  month  of  December 
many  contracts  were  entered  into  for  the  year  1866. 

The  crop  raised  and  gathered  m  Texas  during  the  past  year  is  immense,  and  provisions 
ought  to  be  very  abundant.  There  is  certainly  sufficient  to  feed  all  classes,  white  and  black, 
rich  and  poor,  if  it  could  be  properly  distributed  among  them.  The  great  difficulty  is,  the 
corn  and  wheat  is  all  in  the  hands  of  the  wealthy  planters,  and  the  poor  white  people,  who 
did  not  own  land,  cannot  obtain  it  for  love  or  money. 

The  planters  hold  on  to  their  corn,  expecting  there  will  be  a  scarcity  in  the  spring,  and  that 
it  will  then  command  exorbitant  prices  ;  and,  further,  they  fear  to  sell  it  to  their  poor  neigh 
bors,  thinking,  if  they  get  a  few  bushels  ahead,  they  might  possibly  hire  some  of  the  fieed- 
men.  Frequently  the  poor  white  people  came  to  us  and  entreated  us  to  interfere  and  compel 
the  rich  people  to  sell  them  corn  enough  so  that  their  wives  and  children  would  not  starve. 
I  heard  several  of  them  say  that  tliey  had  been  in  the  confederate  service  through  the  war, 
and  now  that  they  had  lived  to  get  home,  the  wealthy  men,  who  had  been  instrumental  in 
sending  them  to  the  field,  would  not  assist  them  when  in  distress,  nor  could  they  purchase 
corn  for  one  dollar  per  bushel  in  specie  to  keep  their  families  fr>m  perishing. 

If  the  freedmen  fail  in  obtaining  employment  the  present  year,  and  if  the  planters  refuse 
to  sell  their  corn  to  the  poor  white  people  at  reasonable  rates,  there  will  necessarily  be  great 
suffering  in  many  portions  of  the  State. 

According  to  the  best  statistics  I  have  been  able  to  obtain,  there  were  in  the  State,  at  the 
beginning  of  the  war,  about  two  hundred  and  seventy-five  thousand  (^?">,(}()0)  slaves.  Dur 
ing  the  war,  and  prior  to  its  close,  about  one  hundred  and  twenty-five  thousand  (J^f>.ou>) 
were  sent  there  from  other  southern  States  to  keep  them  out  of  the  way  of  the  United  States 
forces,  and  for  safe-keeping;  making  a  total  of  about  four  hundred  thousand  (-100,000)  at 
the  time  of  the  surrender  of  the  confederate  armies.  The  great  mass  of  freedmen  were 
owned  and  still  remain  on  the  rich  plantations  situated  on  the  Sabine,  Neches,  Trinity,  Bra 
zos,  and  Colorado  rivers,  and  within  u  distance  of  i5f>0  or  400  miles  from  the  Gulf  coast. 
There  are  few  freedmen  north  of  Waco,  on  the  Brazos  river,  or  north  of  Austin,  on  the  Colo 
rado :  a  few  are  to  be  found  as  high  up  as  Gonza'es  and  Signim.  on  the  Guadahipe.  but  not 
west  of  that  river.  Western  and  northwestern  Texas  is  a  wild,  uncultivated,  barren  region, 
anrt  is  occupied  and  held,  and  has  been  for  years,  by  the  Indians.  The  Coinauches  com 
mitted  depredations  in  November  within  fifteen  or  twenty  miles  of  Waco. 

Of  the  125,1100  freedmen  sent,  to  Texas  for  safe-keeping  during  the  war.  from  Louisiana, 
Mississippi,  and  other  States,  nearly  all  of  them  are  anxious  to  return  to  their  old  homes,  or 
at  all  events  to  get  out  of  Texas.  Thousands  of  this  number  have  already  returned,  and 
there  is  a  constant  stream  pouring  through  the  interior  of  the  State  in  an  easterly  direction, 
heading  towards  Louisiana. 

The  route  usually  taken  by  these  people  is  the  old  San  Antonio  road,  leading  from  Bastor, 
on  the  Co  orado,. through  Caldwell.  Madison,  Crocket,  and  from  thence  running  a  little  north 
of  east  to  Millan,  on  the  Sabine  liver,  near  the  Louisiana  line.  This  roa'd  is  famous  as  being 
the  first  and  best  route  leading  across  Texas,  and  all  the  refugees  get  on  to  this  road  as  soon 
as  possible. 

'  I  found  General  Gregory  stationed  at  Galveston,  and  am  satisfied  that  he  is  doing  every 
thing  in  his  power  to  regulate  the  system  of  labor  throughout  the  Suite.  He  has  labored 
with  the  most  untiring  industry  since  he  has  been  in  Texas  to  settle  difficulties  between 
whites  and  freedmen  satisfactorily  and  justly,  and  has  passed  a  great  deal  of  his  time  in 
travelling  through  the  country,  correcting  abuses,  and  explaining  to  the  heedineu  their  truo 


^FLORIDA — LOUISIANA — TEXAS.  39 

•status,  and  what  was  expected  of  them  by  the  government.     lie  understands  your  views 
and  policy  well,  and  will  carry  out  your  wishes  to  the  best  of  his  ability  and  against  all  op- 

rition.  I  do  not  think  it  possible  for  any  man  to  hold  General  Gregory's  position  in  Texas, 
justice  to  the  freed  men,  and  be  popular  with  the  people.  The  general  has  been  particu 
larly  unfortunate  in  not  being  able  to  obtain  officers  to  assist  him  in  the  work,  lie  is  almost 
entirely  alone,  having  only  six  or  seven  subordinates,  who  are  all  stationed  at  the  larger 
cities.  *  In  order  to  correct  abuses,  and  regulate  the  labor  system  thoroughly  throughout  the 
country,  General  Gregory  should  have  fifty  good  officers  to  assist ;  and  if  th  se  could  be 
placed  on  duty  at  the  principal  villages  in  the  interior,  for  350  miles  north  of  the  coast,  arid 
a  small  force  of  troops  sent  with  each  assistant  to  enforce  law  and  order,  it  would  be  but  a 
short  time  before  a  decided  improvement  would  be  observed.  It  is  the  opinion  of  every 
stanch  Union  man  with  whom  I  conversed,  and  of  nearly  every  officer  on  duty  in  the 
State,  that  if  the  United  States  troops  were  removed  from  Texas  no  northern  man,  nor  any 
person  who  had  ever  expressed  any  love  Tor  northern  institutions  or  for  the  government  of 
the  United  States,  could  remain  with  safety,  and  the  condition  of  the  freed  people  would  be 
worse,  beyond  comparison,  than  it  was  before  the  war,  and  when  they  were  held  in  bondage. 
I  have  the  honor,  general,  to  remain,  very  respectfully,  your  obedient  servant, 

WM.  E.  STRONG,  Inspector  General 
Major  General  O.  O.  HOWARD, 

Commissioner  Bureau  Refugees,  Frcedmen,  Sfc. 


WASHINGTON,  February  7,  1866. 
Major  General  David  S.  Stanley  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  State  your  position  in  the  army,  and  what  opportunities  you  have  had  for  learn 
ing  the  condition  of  things  in  the  State  ot  Texas. 

Answer.  I  was  major  general  of  volunteers  and  major  in  the  regular  army.  I  commanded 
the  fourth  corps  in  the  army  of  the  Cumberland,  and  took  that  corps  of  10,000  men  to  Texas 
about  the  first  of  July  last.  We  lauded  at  Indianola,  and  the  troops  were  stationed  there,  at 
San  Antonio,  and  other  points  between  the  Brazos  and  Neuces  rivers.  I  commanded  the  district 
in  Texas  included  between  those  rivers.  From  July  until  about  the  first  of  December,  when 
I  left  Texas,  I  had  troops  stationed  over  the  greater  part  of  the  settled  portion  of  that  country. 
My  opportunities  for  learning  the  condition  of  things  were  from  personal  observation  and 
from  reports  of  subordinates  to  me. 

Question.  State  in  a  narrative  form  what  you  found  to  be  the  condition  of  things  in  that 
State  when  you  arrived  there,  and  what  they  are  at  this  time  in  respect  to  the  circumstances 
of  the  people,  and  their  views  and  feelings  towards  the  general  government. 

Answer.  When  I  arrived  in  Texas,  very  soon  after  the  breaking  up  of  the  rebel  army,  I  found 
matters  very  unsettled.  The  negroes  had  learned  of  the  disposition  that  was  to  be  made  of 
them  by  the  government ;  that  is,  that  they  were  free.  In  the  immediate,  vicinity  of  the 
troops  there  was  no  effort  upon  the  part  of  the  masters  to  restrain  them  ;  but  at  points  some 
what  remote — and  that  is  a  country  of  big  distances — at  points  forty  or  fifty  miles  away  from  the 
troops,  the  former  owners  tried  to  constrain  the  negroes  to  remain  on  the  plantations.  They 
threatened  them,  and  sometimes  used  violence;  killing  them  in  some  instances.  I  remem 
ber  four  or  five  instances  where  negroes  were  killed  for  trying  to  leave  their  masters.  Of 
course  we  endeavored  in  every  case  to  arrest  the  murderers,  arid  we  arrested,  if  possible,  any 
person  who  was  even  guilty  of  whipping  negroes ;  but  this  was  difficult  to  do  ;  they  generally 
succeeded  in  eluding  our  pursuit.  There  was  a  widespread  feeling  at  that  time  in  Texas 
that  as  that  State  had  not  been  surrendered  by  Lee,  and,  as  they  said,  not  conquered  by  the 
United  States,  slavery  was  still  worth  holding  on  to.  And  even  where  slaves  left  the  planta 
tions,  their  masters  were  very  careful  to  trace  them  up,  believing  they  would"  be  in  some 
way  compensated  for  them  if  they  were  not  restored.  It  was  the  almost  universal  feeling  in 
Texas  that  the  government  was  bound  to  pay  for  the  negroes.  A  large  proportion  of  re 
turned  rebel  officers,  especially  those  who  had  been  east,  were  disposed  to  accept  the  condi 
tion  of  affairs  as  they  found  them,  and  submit  to  the  government  of  the  United  States  with 
out  any  opposition  or  grumbliug ;  but  those  who  had  remained  at  home — the  greater  portion 
of  the  rebel  army  in  Texas — were  insolent  and  overbearing  where  they  dared  to  be,  and 
were  not  afraid  of  military  punishment,  cursing  the  government  and  the  Yankees  ;  and  they 
are  so  yet.  It  is  necessary,  however,  to  discriminate  between  the  Americans  and  the  Ger 
mans  in  that  country.  The  Germans,  who  form  a  very  large  proportion  of  ihe  inhabitants  of 
western  Texas,  are  a  loyal  people — highly  so.  They  are  even  radical;  they  go  beyond  the 
Americans  in  Union  sentiment  vastly.  I  think  the  only  Union  men  1  knew  fn  Texas,  men  of 
any  influence,  would  be  comprised  in  ten  persons.  My  belief— and  I  think  it  is  well 
founded — is,  that  the  people  ihere  will  submit  to  the  United  States  government  in  a  sulky 
way.  I  do  not  think  there  need  be  any  fear  of  an  outbreak  or  resistance  to  the  government, 
but  that  if  we  become  involved  in  a  foreign  war  almost  the  entire  American  populatioL  u 


40  RECONSTRUCTION. 

IVxas  would  go  over  to  our  enemies  if  they  thought  they  had  any  chance  of  succeeding.  And 
that  is  not  only  my  opinion,  but  1  heard  the  same  opinion  expressed  by  Union  men  of  ability 
tlnr,  such  men  as  Judge  Paschal,  for  instance,  of  San  Antonio,  who  knows  the  people 
better  than  I  do. 

Question.  r^id  you  go  among  these  Germans  to  whom  you  refer? 

Answer.  Yes,  sir;  I  was  intimate  with  them;  I  knew  them  well.  They  were  the  only 
people,  with  the  exception  of  the  few  Union  men  I  have  mentioned  and  one  pardoned  rebel 
at  San  Antonio,  who  met  us  very  kindly,  with  whom  we  were  on  any  social  relations  at  all. 
rJ  he  Germane  there  were,  as  a  class,  very  cultivated  and  refined  people,  superior  to  any 
Germans  I  have  met  in  this  country. 

Question.  You  spoke  of  meeting  ten  Union  men ;  did  you  mean  ten  Americans? 
.   Answer.  Yes,  sir.     I  do  not  wish  to  be  understood  that  that  is  the  precise  number.     The 
great  body  of  the  Americans,  however,  did  not  care  to  have  any  friendship  for  or  affiliation 
with  us  as  officers.     The  women  were  universally  rebels,  contemptuous,  and  disposed  to  be 
insolent  to  American  officers  whenever  they  could. 

Question.  What  are  the  feelings  of  the  negroes  there  as  to  the  federal  government? 
Answer.  The  negroes  have  confidence  in  any  man  they  know  to  be  from  the  north.  Any 
thing  a  northern  man  tells  them,  if  they  know  him  to  be  a  northern  man,  they  believe.  I 
found  no  difficulty  in  inducing  the  negroes  at  any  time  to  do  anything  I  told  them  was  right, 
and  that  they  had  better  do  it.  The  negroes  at  first  were  disposed  not  to  work*,  and  they 
were  all  opposed  to  working  for  their  former  owners.  They  could  not  comprehend  that  there 
was  any  liberty  or  freedom  in  that.  There  was  a  good  deal  of  confusion  among  the  different 
plantations  on  that  account,  the  negroes  leaving  their  former  owners  and  going  to  other 
places ;  but  that  matter  had  greatly  improved  before  I  left.  They  were  generally  hiring  out, 
and  I  found  in  every  case  that  came  within  my  knowledge  that  when  the  employer  would 
pay  the  negro  a  liberal  price — that  is,  a  price  he  could  afford  to  pay  in  that  country — there 
was  no  difficulty. 

Question.  State  whether,  in  your  judgment,  the  feeling  towards  the  general  government  has 
grown  better  or  worse  in  Texas  since  the  fall  of  the  rebellion. 

Answer.  That  is  a  question  it  is  a  little  difficult  to  answer.  In  that  country,  especially  on 
the  frontier,  there  was  a  very  large  population  of  lawless,  violent  men.  WlVn  we  went  to 
Texas  these  men  expected  to  be  punished.  They  expected  to  be  lodged  in  jail  or  run  out  of 
the  country.  The  course  pursued  was  one  of  leniency,  and  my  impression  is  that  that  lenient 
course  had  a  bad  effect  on  that  country ;  that  these  fellows,  finding  there  was  no  punish 
ment  in  store  for  them,  became  more  insolent,  more  disposed  to  resist  the  government,  and 
to  oppress  and  outrage  people  of  Union  proclivities.  The  sentiment  was  diversified  accord 
ing  to  the  district  or  place.  Settlements  in  that  State  are  widely  separated,  generally  con 
fined  to  the  streams,  and  you  will  find,  for  instance,  at  San  Antonio,  at  Victoria,  and  in  the 
neighborhood  of  the  coast  generally,  people  disposed  to  have  peace,  and  disposed  to  do  any 
thing  to  aid  the  government— that  is,  the  solid,  thinking  men— while  in  other  places,  siu'h 
as  Seguin,  Columbus,  Gouzales,  and  such  points,  you  will  find  them  bitterly  hostile  to  the 
government,  evincing  great  disinclination  to  submit  to  the  results  of  the  war.  I  witnessed 
that  myself.  I  saw  it  take  shape  and  form  in  insolence  and  disgraceful  conduct  towards 
officers  who  were  passing  through  the  country.  I  had  hard  work  on  one  occasion  in  keep 
ing  my  staff  officers,  when  they  came  through  Gonzales,  from  shooting  some  of  these  fellows. 
They  wore  rebel  uniforms,  except  that  they  had  taken  off  their  stars,  and  were  very  insolent 
and  disreputable  at  the  tavern  where  we  stopped. 

Question.  Suppose  these  people  are  left  to  themselves,  what  sort  of  men  will  they  probably 
elevate  to  positions  of  place  and  power  in  the  offices  of  the  State? 

Answer.  I  hope  that  in  western  Texas  the  German  vote  will  be  sufficient  to  enable  them 
to  return  Union  men.  It  is  a  question  whether  they  will  have  a  majority  or  not.  In  the 
other  portions  of  the  State  they  would  send  men  who  were  leaders  in  secession;  there  is  no 
doubt  of  that.  I  consider  Texas  in  a  worse  condition  than  any  other  State,  for  the  reason 
that  they  never  were  whipped  there.  Our  military  and  naval  operations  there  just  touched 
the  coast,  and  did  not  affect  the  interior  at  all.  The  business  men,  generally  rascals,  made 
money  there  during  the  war.  There  is  more  solid  money,  I  think,  in  circulation  in  Texas 
than  in  any  other  State.  Even  until  we  left  Sau  Antonio,  when  we  went  to  market,  wo 
always  took  greenbacks  and  converted  them  into  silver,  which  was  the  only  circulating 
medium  of  the  country,  and  I  presume  is  to-day.  There  has  nothing  happened  to  that 
people  to  make  them  tired  of  war,  except  the  killing  of  some  of  their  relatives. 

Question.  What  course  would  these  people  be  likely  to  take,  if  left  to  themselves,  with  the 
colored  people  of  that  country?  , 

Answer.  They  would  hold  them  in  a  bondage  more  galling  than  they  were  ever  held  before, 
and  they  would  be  in  a  worse  condition.  I  have  no  hesitation  in  making  that  statement. 

Question.  Can  you  te'ii  what  views  the  people  have  iheie  as  to  the  education  of  the  blacks, 
or  as  to  their  purchasing  or  holding  real  property,  or  anything  of  that  kind? 

Answer.  No,  sir;  1  cannot.  There  had  no  schools  started  when  I  left  Texas.  They  were 
about  starting  a  colored  school  at- San  Antonio.  I  heard  no  conversation  about  it,  but  any 
pioposition  about  educating  the  colored  people  is  received  by  a  great  portion  of  the  residents 
there  with  a  sneer.  1  never  heard  the  question  mooted  about  their  holding  property,  aud 


FLORIDA — LOUISIANA — TEXAS.  41 

cannot  toll  whether  they  would  be  opposed  to  it  or  not.  The  talk  was  this :  that  Texas,  that 
portion  of  it,  is  a  stock-raising  country,  and  I  heard  leading  men  there  say  in  conversation 
that  the  negro  was  a  doomed  race ;  that  he  was  a  vagabond  naturally ;  would  not  work 
unless  compelled  to;  that  in  Texas  he  could  live  without  work,  because  the  herdd  covered 
the  whole  country;  that  they  would  go  to  killing  cattle,  and  the  consequence  would  be  that 
tlii-y  wmild  he  killed  by  the  owners  of  the  cattle.  The  greater  portion  of  the  people  there  do 
not  believe  that  the  negro  will  do  anything  if  he  can  live  or  exist  at  all  without: 

Question.  Is  there  any  disposition  there  upon  the  part  of  the  rebels,  or  would  there  be  if 
there  were  no  restraint,  to  disturb  these  Geiman  people  ? 

Answer.  They  would  not  dare  to  do  it,  and  have  not  done  it  in  any  thickly  settled  portions 
of  the  State.  On  the  frontier  the  Germans  were  under  a  good  deal  of  apprehension  from 
these  men  who  had  been  rebel  soldiers.  I  had  three  or  four  murderers  in  jail  when  I  left, 
and  was  making  arrangements  for  a  commission  to  try  them.  They  were  arrested  for  mur 
dering  prisoners,  and  came  properly  before  the  military  courts.  They  were  the  only  ones  I 
claimed  jurisdiction  over. 

Question.  What  ft  the  condition  of  the  courts  in  that  State,  so  far  as  you  know ;  are  they 
organized  and  in  operation? 

Answer.  No,  sir;  not  in  western  Texas.  The  courts  were  being  held  only  in  a  small 
portion  of  the  country  there.  I  cannot  speak  for  eastern  Texas.  I  do  not  know  as  to  that 
portion  of  the  State.  The  governor  had  appointed  what  he,  no  doubt,  thought  to  be  the  best 
men,  and  in  cases  where  he  knew  them  they  were  Union  men.  The  judge  at  San  Antonio  is 
a  good  Union  man,  and  the  chief  justice  is  a  good  Union  man,  but  there  are  some  judges  of 
districts  who  are  rebels.  The  governor  said  that  he  was  going  to  correct  that  as  fast  as  he 
could.  The  judge  of  the  district  of  Victoria  is  a  man  who  held  that  the  government  was 
bound  to  pay  for  the  negroes.  He  did  a  good  deal  of  harm  by  spreading  that  sentiment,  and 
arguing  before  the  people  that  when  the  legislature  of  Texas  got  the  State  under  their  control 
the  negroes  would  be  brought  into  the  traces  again.  I  refer  to  Judge  White. 

Question.  Have  the  negioes  there  any  adequate  conception  of  the  condition  of  things  in 
the  country,  or  are  they  very  ignorant  ? 

Answer.  They  are  very  ignorant.  The  belief  wyhich  existed  among  them  in  some  of  the 
other  States,  that  all  the  lands  and  property  were  to  be  divided  among  them,  was  at  one  time 
almost  universal  among  the  negroes  of  Texas.  I  do  not  know  how  they  got  the  idea,  but 
Lave  no  doubt  that  our  own  soldiers  put  them  up  to  it  sometimes  out  of  mischief.  Soldiers 
are  very  apt  to  do  such  things,  and  I  have  no  doubt  the  negro  soldiers  particularly  gave  them 
the  idea.  A  negro  community  is  very  much  like  a  system  of  telegraph  wires ;  what  one 
knows  the  whole  State  knows  in  a  very  short  time.  * 

Question.  Were  they  learning  otherwise  when  you  left? 

Answer.  The  agents  of  the  Freedmen's  Bureau,  and  the  military  officers  at  various  points, 
were  instructed  to  address  the  negroes  and  tell  them  they  could  look  for  no  such  thing,  and 
I  think  they  were  becoming  convinced  of  it.  I  think  they  know  better  now,  though  they 
are  very  ignorant. 

Question.  Suppose  they  were  allowed  to  vote  at  this  time ;  would  the  men  who  have  been 
their  masters  control  their  votes  or  not? 

Answer.  1  think  they  would  in  all  cases.  I  think  the  negro  is  so  ignorant  and  so  easily 
influenced  that  .the  man  who  would  pay  him  a  dollar  a  month  more  wages  would  have  the 
direction  of  his  vote.  They  cannot  read,  and  they  have  no  means  of  getting  information 
excent  such  as  the  more  intelligent  part  of  community  impart  to  them;  except  in  this  wild, 
indefinite  way — where  a  negro  will  spread  a  report  of  something  he  had  heard,  perhaps  at 
Indianola  or  San  Antonio,  a  great  deal  more  apt  to  be  absurd  and  unreasonable  than  true. 

Question.  Could  northern  men  go  into  Texas  elsewhere  than  in  the  towns,  acquire  prop 
erty,  and  do  business  in  safety,  without  protection  from  the  government  at  this  time? 

Answer.  He  could  in  some  portions  of  Texas.  I  have  referred  already  to  the  fact  that  the 
people  in  some  towns  are  more  bitter,  and  in  others  more  moderate.  I  could  select  places 
where  he  would  be  safe.  There  are  other  places  where  this  bitter  feeling  exists  where  he 
would  be  unsafe. 

Question.  What  degree  of  intelligence  did  you  find  among  the  white  people  of  that  country; 
are  they  well  informed  as  to  matters  and  things  pertaining  to  the  affairs  of  the  country,  or 
otherwise? 

Answer.  They  are  not  well  informed.  They  had  no  good  means  of  being  informed  up  to 
the  time  I  left.  There  were  only  three  or  four  main  post  routes  established  through  the  State, 
and  they  very  rarely  get  hold  of  a  newspaper  published  outside  of  Texas.  There  are  news 
papers  published  in  the  State,  but  I  think  I  can  safely  say  that  four  newspapers  out  of  some 
thing  like  a  hundred  are  the  only  ones  that  may  be  regarded  as  loyal.  One  of  them,  "  Fluke's 
Bulletin,"  published  at  Galveston,  is  a  paper  of  large  circulation  and  a  good  deal  of  influence. 

Question.  What  do  you  think,  as  to  the  necessity  or  not,  of  keeping  a  military  force  in 
that  State  ? 

Answer.  I  believe  it  will  be  a  necessity  for  the  next  five  years.  I  do  not  think  there  is  a 
necessity  for  a  large  force,  but  for  police  purposes;  more  to  watch  the  people  and  have  them 
Understand  that  they  are  watched,  than  for  any  other  reason.  I  believe  the  establishment 
of  posts  through  the  entire  settled  portion  of  Texas  will  be  necessary  for  five  years  at  least, 


42  RECONSTRUCTION. 

nnd  F  do  not  know  how  much  longer.  The  best  Union  man — as  I  consular  him — in  the 
State,  told  me  that  if  the  troops  were  to  he  withdrawn  from 'San  Antonio,  or  if  there  was  any 
intention  to  withdraw  them,  lie  wanted  to  know  it.  for  he  uould  leave  with  them,  lie  thought 
he  could  not  live  there  without  military  projection,  and  I  believe  he  is  right.  He  i.s  HU  old 
inhabitant  too. 

Question.  What  are  the  material  circumstances  of  the  people?  Are  they  pretty  well  off 
generally,  or  poor  and  impoverished? 

Answer.  The  people  generally  are  in  very  comfortable  circumstances.  A  man  can  get 
rich  there  by  owning  a  few  cows.  It  is  the  finest  stock-raising  country  in  the  world.  The 
people  are  la/y  ;  they  do  not  work  much,  for  there  i.s  no  necessity  for  it;  cultivation  is  con 
fined  entirely  to  the  alluvial  bottoms.  Stock-raising  is  the  principal  business  of  that  country. 
Property  has  greatly  depreciated  by  the  altered  condition  of  affairs.  It  is  hard  to  sav  what 
prices  property  is  worth  now;  it  has  not  begun  to  re-establish  itself  at  all.  Some  people 
anxious  to  gi-t  away  would  sell  for  almost  anything;  others  would  believe  their  property 
was  worth  as  much  as  it  was  before  the  war.  Bottom  lands,  unimproved  before  the  war, 
brought  from  s7  to  £10  an  acre,  and  improved  lands  as  high  as  $30.  * 

Question.  Were  there  many  persons  emigrating  into  that  State  when  you  were  there? 
Answer.  No,  sir ;  I  know  of  none  except  some  few  northern  men — single  men  who  were 
working  their  way  down  there,  raising  cotton  or  trying  to  get  into  business— and  some  sol 
diers  who  were  mustered  out  and  remained  behind.     There  was  nothing  that  you  would  call 
an  emigration  at  all. 

Question.  What,  in  your  opinion,  is  the  best  course  for  the  government  to  take  in  reference 
to  that  State — to  recognize  it  at  once,  and  receive  its  representatives  into  Congress,  or  to 
hold  it  in  its  present  condition  and  continue  to  exercise  military  control  over  it  ? 

Answer.  I  would  recognize  the  State;  because  I  believe  we  could  control  these  people 
and  pin  them  down  to  the  undoubted  policy  of  the  government  as  easily  as  a  State  as  we 
can  as  a  Territory.  At  the  same  time  I  think  it  would  encourage  the  people  to  cultivate 
loyalty.  They  no  doubt  feel  a  kind  of  despair  at  their  condition  now.  I  would  establish  the 
Freedmen's  Bureau  under  a  proper  and  matured  system,  to  watch  the  interests  of  the  blacks. 
I  would  consider  that  necessary.  I  would  establish  military  posts  over  the  State  for  the 
purpose  of  protecting  that  bureau,  fora  general  police  of  the  aountry,  and  to  show  that  the 
United  States  is  ready  and  willing  to  use  its  military  force  there  if  there  is  any  necessity  for  it ; 
I  do  not  consider  a  large  force  necessary.  Before  the  war  Texas  always  had  between  three 
and  four  thousand  troops  stationed  within  the  State,  and  I  think  live  thousand  would  be 
enough  now  if  they  were  properly  distributed.  Troops  distributed  on  the  main  lines  of  com 
munication  could  get  information  of  any  evidences  of  disloyalty  or  abuse  of  negroes  through 
out  the  State.  You  hear  of  it  a  long  ways.  Such  information  would  come  to  me,  for  instance, 
from  150  miles  off.  I  do  not  see  any  advantage  in  holding  these  people  in  a  territorial  con 
dition;  I  tUink  we  can  handle  them  as  well,  as  a  State. 

Question.  Is  there  any  probability  in  your  mind,  if  the  question  were  left  to  the  people, 
that  they  would  extend  to  the  blacks  the  right  of  suffrage,  at  any  time,  or  in  any  form  / 

Answer.  No,  sir;  they  will  not  in  any  form  whatever.  Even  those  who  are  the  most  in 
fluential  men,  who  work  with  the  Union  party,  and  who  were  refugees  from  the  State  during 
the  war,  are  opposed  to  negro  suffrage. 

Question.  That  feeling,  so  far  as  you  know,  is  universal,  is  it  ? 

Answer.  It  is  universal.  I  have  not  seen  a  southern  man  who  is  in  favor  of  negro  suffrage 
at  this  time.  I  have  met  liberal  men  in  Texas  who  thought  the  negro  ought  to  be  educated, 
and  were  willing  to  put  him  into  a  state  of  progress  under  a  system  that  in  twenty-five  or 
thirty  years  would  fit  him  to  exercise,  the  right  of  suffrage. 

Question.  What  are  the  views  of  those  Germans  to  whom  you  have  referred  about  politi 
cal  matters,  and  the  proper  course  to  be  pursued  towards  the  negroes? 

Answer.  In  conversation  with  the  more  intelligent  Germans  there,  they  have  expressed 
themselves  in  favor  of  educating  the  negro  ;  and  as  soon  as  he  is  capable  of  comprehending 
the  issues  of  the  day,  they  are  in  favor  of  his  voting.  I  do  not  think  from  my  intercourse 
with  Germans  who  were  educated  men,  men  who  were  refugees  from  their  own  country,  and 
some  of  them  formerly  holding  high  positions  in  their  own  country,  that  they  were  in  favor 
of  immediately  extending  suffrage  to  the  negro;  but  they  are  much  in  advance  of  the 
American  population  on  that  question.  There  is  a  Mexican  population  in  that  country  who 
have  a  vote,  and  they  are  no  more  fit  for  it  than  the  negroes.  They  do  not  know  anything, 
and  there  are  a  great  many  of  them,  too.  Mr.  Hamilton,  the  governor,  is  not  the  most  ac 
ceptable  man,  even  to  the  Union  population.  He  is  a  man  of  talent,  almost  a  genius  ;  but 
he  is  a  man  of  bad  habits — drinks  too  much  whiskey,  and  is  considered  unreasonable  in 
ni-iny  things.  I  think  Hancock  would  have  made  a  more  acceptable  governor.  He  fled  from 
the  State  also  during  the  war.  I  am  disposed  to  think  that  time  will  work  great  changes 
in  the  condition  of  the  people  of  Texas.  I  think  there  will  be  a  large  emigration  set  in  to 
northern  Texas.  They  have  now  nearly  six  hundred  thousand  white  population,  and  pro 
bably  not  more  than  two  hundred  and  fifty  thousand  negroes;  so  that  the  chances  of  im 
provement  in  that  Stare,  are  about  as  good  as  in  any  that  I  know  of. 

Question.  What  is  the  number  of  <  ionium  voters,  .should  you  think,  in  that  State  ? 
Answer.  Really,  I  cannot  say.     The  German  population  is  pretty  much  all  west  of  the 


FLORIDA — LOUISIANA TEXAS.  43 

Brazos  river,  and  is  comprised,  I  think,  -within  one  congressional  district.  They  constitute 
about  halt'  the  population  of  western  Texas,  but  I  do  not  know  their  number.  There  has 
been  a  scheme  mooted  ihere,  long  ago,  to  divide  the  State  into  western  and  eastern  Texas, 
under  which  the  free-State  party,  the  liberal  men  and  the  Germans,  would  control  the  western 
State. 

Question.  State  what  you  know  as  to  returned  rebels  having  arms. 

Answer.  I  can  say,  I  think  within  good  and  safe  bounds,  that  every  one  of  them  has  either 
a  six-shooter  or  a  musket.  They  keep  the  muskets  hid,  but  every  man  down  there  travelling 
through  the  country  has  a  six-shooter.  They  never  turned  in  their  arms,  they  concealed 
them. 

Question.  Did  youflearn  anything  about  secret  societies  existing  there  ? 

Answer.  I  do  not  think  they  have  any. "  They  would  be  afraid  to  have  anything  of  that 
sort,  for  fear  the  fact  would  come  to  our  knowledge,  and  some  of  the  military  authorities 
would  jerk  them  up  I  heard  of  one  rebel  general — I  doiiov  now  remember  his  name  ;  I  never 
heard  of  him  during  the  war — who  was  over  there  arguing  the  importance  of  keeping  up 
what  he  called  their  war  organization.  I  intended  to  have  got  the  authorities  after  him,  but 
he  is  not  in  Texas  now  ;  he  went  back  to  Alabama.  I  heard  the  same  kind  of  talk  from  a 
common  rebel  soldier,  but  quite  an  intelligent  man.  I  do  not  believe  they  have  any  secret 
organization  of  that  kind,  i  never  heard  of  any 


WASHINGTON,  February  19,  1866. 
Lieutenant  Wilson  Miller  sworn  and  examined. 

By  Mr  WILLIAMS: 

Question.  State  if  you  have  recently  been  in  Texas;  and  if  so,  in  what  capacity. 

Answer.  Since  June  last  I  have  been  first  lieutenant  of  the  United  States  colored  troops 
doing  duty  in  the  southwestern  part  of  Texas,  headquarters  at  Corpus  Chnsti. 

Question.  State  to  what  extent  you  have  travelled  iu»the  State,  and  what  opportunity  you 
have  had  of  making  observations  as  to  the  condition  of  things  there. 

Answer.  I  have  been  over  the  principal  part  of  that  section  of  country  embraced  between 
the  Nueces  and  Rio  Grande,  not  including  that  immediately  on  the  Rio  Grande.  I  have 
been  through  the  district  lying  thirty  or  forty  miles  back  of  Indianola  and  extending  west 
ward  to  the  Nueces ;  that  comprises  all  the  State  I  am  familiar  with  from  personal  observa- 
vatiou. 

Question.  State  what,  from  your  observation,  are  the  feelings  and  disposition  of  the  people 
there  towards  the  government  of  the  United  States. 

Answer.  I  find  the  people  of  Texas  divided  into  three  classes  on  that  question.  The  first 
class  are  those  who  have  been  always,  under  all  circumstances,  friendly  to  the  government, 
who  have  mostly  been  refugees  during  the  war,  but  have  since  returned.  Of  the  remaining 
portion,  there  are  those  who  have  been  more  or  less  active  rebels  throughout,  the  wealthy  and 
intelligent  class ;  and  those  who  are  not  large  property-holders,  who  are  generally  without 
property,  a  class  that  I  find  in  no  other  State,  who  would  come  generally  under  a  vagabond 
law,  without  any  visible  means  of  support — not  all  blacklegs,  but  principally  non-property- 
holders,  or  property-holders  to  a  less  extent.  I  find  the  feeling  manifested  by  these  two 
classes  entirely  different.  The  most  intelligent,  and,  as  a  general  thing,  the  most  wealthy 
men  in  that  portion  of  the  State,  whether  they  have  been  in  the  rebel  service  or  not,  are  more 
favorably  disposed  towards  the  government  of  the  United  States  than  the  other  class.  They 
appear  more  willing  to  accept  the  questions  raised  by  the  war  as  settled  questions,  and  in 
favor  of  measures  calculated  to  adapt  that  country  as  rapidly  as  possible  to  the  new  order  of 
things.  I  do  not  know  but  I  am  speaking  a  little  too  rapidly  in  saying  that  this  is  the  temper 
of  the  class,  because  I  have  naturally  from  choice  been  brought  in  contact  more  with  people 
holding  these  opinions.  The  object  I  had  in  travelling  over  that  section  of  country  was 
principally  to  come  in  contact  with  that  class  of  men,  in  view  of  future  operations  in  the 
State.  But  I  believe  it  is  generally  true  that  there  is  among  them  less  bitterness,  less  hos 
tility,  and  less  looking  forward  to  a  future  time  when  a  second  trial  may  be  had,  than  I 
found  among  the  other  class.  I  found  some  men,  and  I  have  now  in  mind  one,  who 
was  the  largest  slaveholder  in  western  Texas  that  I  knew  of,  and  who  I  know  to  be  a  cordial 
and  hearty  Unionist  to  day ;  I  am  not  certain  but  he  has  always  been.  He  lost  a  son  in  the 
rebel  army;  but  he  coidially  supports  the  abolition  of  slavery  and  every  measure  that  may 
be  taken  tor  the  elevation  of  the  negroes  in  Texas.  He  goes  further  than  any  other  citizen 
I  have  met  there.  But  I  have  found  the  intelligent,  educated  men  in  western  Tf  xas  rather 
disposed  to  take  that  view  more  or  less  strongly.  They  are,  however,  but  a  small  proportion  of 
the  population  of  that  country.  Most  of  the  population  of  western  Texas  is  confined  to  the 
towns.  Those  known  as  ihe  white  population  include  only  those  who  are  properly  natives  of 
the  United  States,  or  immigiants  into  the  State.  Mexicans  are  not  classed  there,  m  the  common 
parlance  or'  the  country,  as  white  men.  Some  of  ihis  larger  class  of  white  men  to  which  1  have 
referred  engage  in  raising  horses,  cattle,  &c. ;  but  the  majority  of  them  live  I  do  not  know 


44  RECONSTRUCTION. 

how.  A  large  proportion  of  them  are  adventurers,  some  gamblers,  and  pthers  without  osten 
sible  means  of  support.  Nearly  all  these  men  I  have  met  have  been  at  some  time  in  the 
rebel  army.  Their  numbers  have  been  greatly  increasing  since  I  first  went  to  Texas,  as  they 
have  returned  from  different  parts  of  the  country  where  they  have  been  in  service.  Win  n 
our  troops  first  went  to  western  Texas  we  found  the  feeling  generally  to  be  that  of  accept 
ance  of  the  fortunes  of  war.  The  question  had  been  tried  by  battle,  had  resulted  adversely, 
and  the  general  disposition  was  to  submit  to  the,  result.  Since  then  I  have  noticed  a  gradual 
change  in  the  manifestation  of  feeling,  which  has  been  growing  more  and  more  independent; 
and  at  the  time  I  left,  this  class  of  people  were  becoming  more  and  more  outspoken  in  their 
bitterness  against  the  United  States  government,  and  more  hostile  towards  tin-  officers  and 
soldiers  of  the  army  in  their  intercourse  with  them.  It  appealed  to  be  only  restrained,  in 
towns,  from  breaking  out  into  acts  of  violence  towards  our  officers  by  the  superiority  of  our 
numbers.  Occasional  difficulties  have  occurred  between  some  of  our  officers  and  the  officers 
and  men  late  of  the  rebel  army  who  would  give  utterance  to  their  feelings  of  hostility  towards 
the  United  States  government;  but  it  was  always  met  with  such  prompt  chastisement  on 
the  part  of  officers  present  that  it  was  hazardous  to  renew  it.  Knocking  down  a  rebel  officer 
in  presence  of  his  friends  is  very  likely  to  exert  a  salutary  influence  for  some  time.  There 
appeared  to  be  a  general  feeling  among  that  class  of  men  that  in  a  few  years,  sooner  or 
Inter,  and  probably  very  soon,  they  would  have  an  opportunity  to  try  this  question  of  rebel 
lion  again;  that  the  late  war  did  not  settle  it;  that  so  far  as  it  was  disastrous  to  the  confed 
eracy  was  due  not  so  much  to  the  superiority  of  our  armies  as  to  mismanagement  on  the  part 
of  confederate  rulers,  military  and  civil,  both  at  the  beginning  and  during  the  war.  One 
error,  very  commonly  ascribed-  by*the  politicians  and  leaders  among  them,  was  the  withdrawal 
of  the  rebel  members  from  the  Congress  of  the  United  States.  It  was  always  regarded  as  a 
fatal  step  at  the  commencement  of  the  rebellion  that  they  were  withdrawn  six  months  too  soon. 

Question.  What,  in  your  opinion,  has  changed  the  feeling  there  as  you  have  stated? 

Answer.  In  my  opinion  the  conduct  of  the  government,  of  the  administration,  the  facility 
frith  which  pardons  were  reported  to  be  granted,  the  general  disposition  of  the  administration 
to  be  lenient,  and  the  impression  which  I  have  frequently  heard  spoken  of  by  these  people, 
that  they  had  strong  friends  in  the  north,  and  iu  the  government.  The  fact  that  they  had 
strong  party  friends  in  the  north  appeared  to  be  the  principal  ground  of  encouragement  they 
had  for  supposing  the  rebellion  to  be  overlooked,  and  that  they  could  once  more  get  the 
political  power  in  the  hands  of  the  south. 

Question.  State  whether  or  not,  in  your  opinion,  it  would  be  safe  there  for  refugees,  or  for 
loyal  men,  black  or  white,  if  the  United  States  troops  were  withdrawn  from  the  State. 

Answer.  Up  the  Nueces  river,  on  both  sides,  there  is  quite  a  large  population  out  of  the 
towns,  of  small  planters  and  cattle-growers,  principally  from  Old  England  and  New  Eng 
land,  who  have  settled  there  within  six  or  seven  years.  As  a  general  thing  they  have  been 
ail  actively  Union  men — so  much  so  that  the  heads  or  principal  male  members  of  families, 
except  those  over  age,  have  been  compelled  during  the  'ust  two  or  three  years  of  the  war  to 
be  exiles  from  their  homes.  I  have  been  among  these  people  considerably,  particularly 
during  the  last  three  or  four  weeks  of  my  stay  in  Texas,  and  their  opinion  was,  in  speaking 
of  the  withdrawal  of  our  troops,  as  they  were  gradually  being  withdrawn  from  that  part  of 
the  State,  that  if  they  left  altogether,  or  were  reduced  to  so  small  a  number  as  not  to  afford 
a  salutary  protection  to  them,  they  would  not  be  able  to  remain.  Their  lives  might  not  be 
in  danger,  but  the  insecurity  of  property  would  be  such  that  it  would  not  be  worth  while  to 
stay  there.  They  could  not  plant  crops  even  around  their  own  houses  with  safety.  The 
sparseness  of  the  population  where  there  were  no  roads,  furnished  greater  facilities  for  men 
to  escape  after  committing  outrages  than  any  country  I  know  of.  Their  apprehension  of 
danger  appeared  to  me  greater  than  was  necessary,  and  I  was  surprised  to  find  such  appre 
hension  existing.  After  passing  through  what  I  had  in  safety,  especially  in  the  absence  of 
a  very  large  number  of  desperate  characters  from  San  Antonio  and  other  points,  who  were 
there  during  the  war,  I  should  have  supposed  they  would  have  felt  a  greater  sense  of  security 
than  they  seemed  to.  About  Lavacca  and  Victoria  the  population  is  much  more  dense  than 
it  is  west  of  the  Nueces,  and  there  is  a  larger  proportion  of  the  American  element  there, 
though  the  population  is  not  so  dense  there  us  it  is  further  east,  back  of  Galvestou,  and  on 
the  Brazos. 

Question.  What  is  the  condition,  and  what  are  the  prospects,  of  the  freedmen  in  that  State, 
so  far  as  you  know  ? 

Answer.  In  the  extreme  west,  particularly  about  San  Antonio,  Victoria,  and  Indianola, 
there  is  a  demand  for  more  labor  than  the  freed  men  there  at  present  can  furnish.  I  cannot 
speak  of  that,  however,  so  much  from  my  own  observation,  as  the  planting  season  was  not 
on  when  1  \vas  there,  but  I  was  told  that  during  the  planting  season  there  "was  employment 
for  all  the  freedmen  there,  and  more  too.  The  demand  for  labor  there  in  that  part  of  the 
Siate  is  so  great,  that  I  do  not  think  the  freedmen  there  need  anticipate  any  har.-h  usage. 
The.  demand  is  especially  pressing  for  those  who  can  be  u^ed  as  herdsmen  ;  for  cattle-growing 
is  the  muni  business  there.  The  fact  is  that  most  of  the  freedmen,  who  could  as  well  as  not, 
have  left  that  part  of  the  count i y.  They  have  gone  further,  east  where  there  are  larger  plan 
tations,  or  somewhere,  1  do  not  know  where.  There  are  not  near  so  many  there  as  1  expected 


FLORIDA — LOUISIANA — TEXAS.  45 

to  see,  and  not  near  so  many  as  I  was  told  were  in  that  country  when  our  troops  first  occu 
pied  it.  In  this  connexion  I  may  mention  that  there  have  been  numerous  outrages,  of  which, 
of  course,  I  can  only  speak  from  the  reports  of  others.  I  am  told  there  have  been  frequent 
attempts  to  compel  the  negroes  to  work,  even  in  the  presence  of  our  troops,  up  to  the  time 
of  the  organization  of  the  Freedinen's  Bureau,  in  that  region  last  fall,  and  it  was  owing,  I 
suppose,  to  that  cause,  in  part,  that  the  negroes  left  and  went  to  £sew  Orleans,  arid  other 
parts  of  Texas;  at  any  rate  they  availed  themselves  of  every  opportunity  to  get  away. 
Many  complaints  were  made  that  even  from  officers  of  colored  troops  they  did  not  receive 
adequate  protection,'  and  I  am  satisfied  there  was  some  reason  for  their  complaints. 

Question.  What  opinion,  if  any,  did  you  hear  expressed  by  white  people  there  as  to  the 
willingness  of  the  negroes  to  work  without  physical  compulsion? 

Answer.  Most  of  those  I  have  talked  with  upon  the  subject  in  that  part  of  Texas,  which  is 
out  of  the  large  planting  region,  express  the  opinion  that  the  able-bodied  negroes  would 
work  without  compulsion  better  than  they  would  with  it ;  but  it  was  often  coupled  with 
the  statement  that  there  was  a  large  number  of  negroes  who  would  not  work,  or  do  enough 
to  support  themselves,  and  who  would  become  a  public  charge.  It  was  the  general  opinion 
that  those  who  had  families  depending  on  them  would  not  be  as  well  off  as  in  the  past,  and 
thac  the  decrepid  and  helpless  would  not  be  taken  care  of  by  the  negroes. 

Question.  What  is  the  feeling  toward  the  negroes  among  the  third  and  ignorant  class  of 
whites  you  have  referred  to  ? 

Answer.  I  have  very  often  heard  the  expression  used — not  only  by  that  class,  but  by  some 
of  the  better  class  who  have  been  slaveholders — similar  to  a  remark  made  by  Captain  Ful- 
lerton  (who  had  owned  eighteen  or  twenty  slaves  himself )  the  last  day  I  was  there,  that 
there  appeared  to  be  a  general  hostility  among  rebels,  in  and  out  of  the  army,  against  the 
negroes,  not  only  from  the  old  prejudice  against  the  negro  as  an  inferior  creature,  but  an 
active  hostility  growing  out  of  this  war.  They  appeared  to  hold  the  negro  accountable  for 
their  defeat.  It  is  a  very  common  expression,  used  to  insult  Union  officers,  that  the  United 
Siates  never  could  have  succeeded  if  they  had  not  taken  their  negroes  to  fight  them  with. 

Question.  What  is  your  opinion  as  to  the  necessity  of  the  Freedmen's  Bureau  in  that 
State? 

Answer.  There  are  two  or  three  grounds  why  I  consider  the  Freedmen's  Bureau  an  abso 
lute  necessity  there,  and  they  are  generally  applicable  everywhere,  as  much  in  the  south  as 
there.  I  think  it  is  necessary  for  the  purpose  of  furnishing  labor  to  those  sections  AY  here 
labor  is  required,  and  of  furnishing  the  laborers  who  seek  it  with  employment.  It  is  neces 
sary,  also,  as  a  protection  to  the  freedmen  against  imposition  on  the  part  of  their  employers, 
whether  southern  men  or  northern  men.  I  think  there  is  as  much,  and  perhaps  more,  dis 
position  in  some  neighborhoods  on  the  part  of  northern  adventurers  who  have  leased  or 
purchased  plantations  to  take  advantage  of  the  negro,  than  from  any  other  quarter.  With 
out  some  such  institution  as  the  Freedmen's  Bureau,  to  protect  the  freedman  in  his  rights, 
his  chance  for  justice  with  either  party  would  be  very  small.  As  a  proteciion  against  cut- 
rages  from  loyal  whiles,  it  is  more  or  less  a  necessity  according  to  the  state  of  public  sentiment 
in  the  particular  neighborhood.  There  is  a  class  of  lawless  men  there  who  have  nothing  to 
lose,  who  are  generally  the  instrument  of  committing  outrages.  Without  the  presence  of 
the  Freedmen's  Bureau,  and  an  armed  force  to  back  it,  I  do  not  think  the  life  of  a  freedman 
coming  in  the  way  of  one  of  the  disbanded  rebel  soldiers,  of  the  class  I  refer  to,  would  be 
worth  a  cent. 

Question.  Plow  long  have  you  had  command  of  colored  troops,  and  what  is  your  opinion 
as  to  their  inclination  or  capacity  to  observe  law,  perform  labor,  and  exercise  the  rights  of 
citJEenship  ? 

Answer.  In  1863  I  was  not  in  command,  but  was  with  colored  troops  in  Louisiana.  Since 
early  in  the  summer  of  1864  I  have  been  constantly  connected  with  colored  troops  in  the 
army  of  the  Potomac,  the  army  of  the  James,  or  in  the  southwest.  I  have  generally  found, 
so  far  as  my  observation  goes,  that  the  negro  soldier  i%  as  much  disposed,  if  not  more  than 
the  generality  of  white  folks,  to  regard  discipline,  and  to  obey  civil  or  military  regulations. 
He  is  less  disposed,  according  to  my  observation,  to  lawlessness.  As  to  their  general  Intel 
ligence  and  ability  to  acquire  information,  I  may  be  considered  a  little  extreme;  but  accord 
ing  to  my  observations,  in  and  out  of  the  army,  in  the  extreme  southern  States,  when  you 
come  below  what  is  called  the  educated  and  intelligent  class  of  whites,  the  most  intelligent 
class  you  will  rind  next  is  the  negro.  I  have  found,  upon  all  questions,  that  the  negro  knows 
more  of  what  i.s  going  on  out  of  his  sight  than  the  poor  white  class  in  the  southern  States.  I 
have  found  among  the  negroes,  whether  in  or  out  of  the  army,  that  there  has  always  been  a 
disposition  and  a  capacity  to  learn  and  improve  themselves.  In  all  our  regiments  whose 
internal  arrangements  I  have  known  anything  about,  the  most  acceptable  present  you  could 
make  to  a  negro  soidier  would  be  a  spelling-book.  Last  winter  1  was  instrumental  in  fur 
nishing  a  la.ge  portion  of  the  regiment  with  which  I  was  connected  with  school-books  of 
various  kinds.  I  have  generally  found  the  disposition  to  learn  stronger  among  the  treed 
.negroes  than  among  those  born  free.  1  have  found  negroes  away  out  in  the  wildest  part  of 
Louisiana,  who  had  never,  probably,  seen  a  white  man  they  dared  talk  to  in  any  confiden 
tial  manner,  and  who  had  never  seen  a  United  States  officer  until  tii^y  saw  me,  but  who  had 


4  6  RECONSTRUCTION. 

been  living  there  on  the  plantations,  and  yet  who  seemed  to  understand  perfectly  the  political 
history  of  the  country  lor  the  last  live  or  six  years,  and  who  understood  all  ab.-ut  the  war,  &o 
that  i  have  expressed  my  surprise  to  them  how  they  could  get  so  much  in'ormaiion  ;  but 
the  negroes  told  rne  they  generally  learned  all  these  things  about  as  quick  as  the  white 
people  got  it. 


WASHINGTON-,  February  20,  1866. 
Lieutenant  Colonel  IT.  S.  Hall  sworn  and  examined. 
By  Mr.  WASIIBUKNE  : 

Question.  What  official  position  have  you  been  lately  occupying? 

Answer.  I  lately  occupied  the  position  of  lieutenant  colonel  of"  the  43d  United  States  colored 
troops.  I  have  been,  for  the  last  three  months,  sub-assistant  commissioner  for  freedmen  in 
the  northeastern  district  of  Texas.  I  lost  my  arm  in  the  mine  before  Petersburg. 

Question.  AY  here  have  you  been  stationed? 

Answer.  Marshall,  Harrison  county. 

Question.  What  have  been  your  opportunities  for  learning  the  present  condition  and  feel 
ing  of  the  peop'le  of  Texas  ? 

Answer.  I  have  been  thrown  in  contact  with  a  great  many  of  the  most  wealthy  and  in 
fluential  planters,  as  well  as  professional  men,  of  fifteen  or  twenty  different  counties  in  north 
eastern  Texas,  and  have  been  intimately  associated  with  them  in  matters  of  business. 

Question.  What  did  you  find  the  state  of  feeling  to  be  with  the  parties  with  whom  you 
have  come  in  contact,  in  regard  to  the  restoration  of  the  Union? 

Answer.  There  seems  to  be  a  very  general  desire — an  eaiuest  wish — to  be  immediately 
admitted  into  the  Union,  which  takes  the  shape  of  a  demand  of  an  absolute  right.  But  there 
is  no  real  love  expressed  for  the  government:  on  the  contrary,  there  is  an  expression  of  hatred 
for  the  people  of  the  north,  and  of  Yankees  generally,  while  the  idea  seems  to  be  that  they 
should  at  once  obtain  possession  of  the  political  privileges  and  powers  which  they  once  had. 
They  seem  to  have  the  idea  that  they  are  entitled  to  all  the  rights  under  the  Constitution 
which  they  ever  had. 

Question.  What  is  the  expression  of  their  feeling  toward  the  government,  and  toward 
those  who  control  the  government?  t 

Answer.  Their  expressions  are  used  more  particularly  in  a  party  sense.  They  express  a 
great  deal  of  bitterness  against  the  party  which  they  term  "the  radicals  "  in  Congress.  Gen 
erally  they  are  in  favor  of  what  they  term  the  President's  policy;  but  they  denounce  most 
bitterly  the  policy  of  the  party  which  they  Jerm  the  radical  party. 

Question.  What  do  they  say  about  the  Freedmen's  Bureau  ? 

Answer.  They  consider  that  an  unmitigated  nuisance.  They  think  it  can  be  much  better 
dispensed  with  than  not. 

Question.  What  shape  does  their  opposition  to  the  Freedmen's  Bureau  take? 

Answer.  They  give  it  no  definite  form,  any  more  than  expressions  in  words,  generally. 

Question.  Has  there  ever  been  any  interference  with  the  operations  of  the  Frcedmen's  Bu 
reau?  If  so,  to  what  extent? 

Answer.  There  never  has  been  any  direct  opposition  to  any  of  the  officers  or  the  men  em 
ployed  by  the  government  in  that  bureau,  in  that  part  of  Texas.  Theie  never  have  been 
any  acts  opposed  to  the  operations  of  the  bureau.  In  most  instances  they  come  forward 
and  make  contracts  under  the  regulations  adopted  by  the  bureau,  simply  because  they  are 


imder  military  jurisdiction,  and  are  compelled  to. 

Question.    What  won  " 


would  be  the  state  of  the  country  in  which  you  hove  been,  should  the 
militaiy  force  be  withdrawn,  and  the  officers  of  the  Freedmen's  Bureau  be  also  withdrawn? 

Answer.  Judging  from  the  state  of  the  country  in  counties  where  there  is  no  military 
force,  1  can  say  there  would  be  neither  safety  of  person  nor  of  property  for  men  who  had  been 
loyal  during  the  war;  and  there  would  be  no  protection  whatever  tor  the  negro. 

Question.  What  would  be  the  condition  of  the  negro  under  the  circumstances,  as  compared 
with  his  former  condition  as  a  slave  ? 

Answer.  He  would  be,  in  many  instances,  forced  to  labor  without  any  compensation,  un 
der  some  system  of  compulsion,  nearly  the  same  as  formerly,  lie  would  l>e  liable  TO  worse 
treatment  than  ever  before — to  assaults  in  many  instances,  and  even  to  murdt  r.  Frequent 
instances  of  murder  have  occurred  in  those  counties  where  there  has  been  no  military  force. 

Question.  Can  von  particularize  some  of  those  instances  / 

Answer.  One  case  I  can  cite  was  that  of  a  negro  woman  named  Lucy  Grimes.  She  was 
taken  in'o  the,  woods  in  the  month  of  December  last,  by  two  men,  and  there  stripped  and 
beaten  until  she  tlied.  These  men — named  Anderson  and  Simpson — were  well  known  in  the 
county.  On  the  ease  being  presented  to  the  chiet  justice  of  the  county,  who  was  appointed 
bj  Governor  Hamilton,  he  stated  that  he  could  not  issue  a  wan-ant  lor  their  ariest  on  the' 
evidence  of  a  negro,  as  there  was  no  other  evidence  but  that  of  the  son  of  the  murdered 
woman,  and  that  he  could  do  nothing  whatever  in  the  case.  I  made  an  effort  to  arrest  the 


FLORIDA — LOUISIANA — TEXAS.  47 

murderers,  but  theypould  not  be  found.  They  were  secured  and  concealed  by  parties  in  the 
neighborhood, 

Question.  Do  you  state  these  matters  from  your  own  personal  knowledge  ? 

Answer.  From  my  own  personal  knowledge.  xThe  case  was  brought  before  me.  A  com 
plaint  was  made  to  me  of  the  murder,  in  the  first  place. 

Question.   What  were  the  circumstances  attending  or  leading  to  the  murder  of  this  woman  ? 

Answer  A  child  of  this  negro  woman  had  taken  some  money  which  was  lying  about  some 
part  of  the  house  occupied  by  Mrs.  Grimes,  for  whom  she  was  working.  The  child  had  taken 
it  out  of  the  house  and  was  playing  with  it.  Mrs.  Grimes  accused  the  child  of  stealing  the 
money,  and  required  the  mother  to  whip  it ;  the  mother  declined  doing  so.  Then  Mrs.  Gi  lines 
went  and  had  an  interview  with  these  two  men-^-Anderson  and  Simpson.  Next  morning 
they  came  and  took  away  the  negro  woman,  Lucy,  saying  that  they  designed  taking  her  to 
Marshall  to  present  the  case  to  me;  instead  of  which,  they  took  her  to  a  piece  of  woods  two 
miles  from  the  house,  and  there  stripped  her  and  beat  her.  She  lived  till  next  morning. 
The  sou  found  her  and  reported  the  case  to  me,  and  I  immediately  sent  out  a  surgeon  with 
some  cavalry.  The  body  was  found,  and  the  facts  were  reported  to  me  by  the  surgeon.  No 
trace  of  the  murderers  could  be  found. 

Question.  State  the  condition  in  which  the  body  was,  and  all  the  circumstances,  as  you 
learned  them  from  the  surgeon. 

Answer.  The  body  was  found  entirely  naked,  with  the  exception  of  a  shirt.  The  back 
was  very  much  beaten  and  bruised,  apparently  with  some  sort  of  whip  or  strap.  Across  the 
head  and  face  there  were  several  severe  bruises,  evidently  made  with  a  club;  and,  finally, 
there  was  a  break  in  the  skull,  which  the  surgeon  stated  undoubtedly  caused  the  death  of  the 
woman,  made  by  a  club. 

Question.   What  were  the  antecedents  of  the  murderers? 

Answer.  They  were  discharged  rebel  soldiers.  Anderson  was  the  son  of  a  gentleman  who 
was  considered  quite  respectable  in  Harrison  county.  Simpson  was  a  desperado,  not  a  resi 
dent  of  that  part  of  the  country,  but  of  Georgia  or  Alabama. 

Question.  Was  the  mistress  of  this  woman  examined  by  you  ? 

Answer.  She  was  not. 

Question.  What  part  did  she  take  in  the  matter,  so  far  as  you  could  learn? 

Answer.  I  could  not  learn  of  he*  taking  any  part,  except  conferring  with  Simpson  and 
Anderson,  requesting  them  to  have  this  negro  punished  in  some  way,  simply  because  she 
refused  to  whip  the  child. 

Question.  How^old  was  the  child? 

Answer.  Ten  or  twelve  years. 

Question.  Who  came  to  see  you  about  it  ? 

Answer.  A  grown  man;  a  negro  man  '21  or  22  years  of  age  ;  a  son  of  the  woman  who  was 
killed.  He  came  to  report  the  murder  of  his  mother. 

Question.  You  say  the  chief  justice  of  the  county  court  refused  to  issue  a  warrant  ? 

Answer.  Yes  ;  the  chief  justice,  who  is  now  collector  of  internal  revenue  for  that  district, 
refused  to  issue  a  warrant  because  there  was  no  testimony  in  the  case  but  negro  testimony. 

Question.  What  is  the  name  of  that  chief  justice  ? 

Answer.  D.  B.  Bonuefoy. 

Question.  What  are  his  antecedents  ? 

Answer.  He  has  been  considered  an  out-and-out  Union  man  during  the  entire  war. 

Question.  Do  you  think  that  his  real  motive  for  refusing  to  issue  a  warrant  was  his  want 
of  legal  authority  ? 

Answer.  I  believe  it  was,  because  he  was  firmly  of  the  opinion  that  he  had  not  the  legal 
autho:  ity  to  do  so. 

Question.  You  think  he  acted  honestly? 

Answer.  Yes,  sir  ;  I  think  he  acted  honestly. 

Question.  That  is  the  law  of  Texas  ;  is  it  recognized  as  being  in  existence  yet  ? 

Answer.  Yes,  sir ;  while  that  is  the  case,  they  at  the  same  time  punish  negroes  under  the 
same  statute  as  they  punish  white  men  at  present.  They  send  them  to  the  penitentiary  and 
punish  them  in  the  same  manner. 

Question  Do  you  know  of  any  other  instances  in  which  outrages  have  been  committed  on 
colored  people?  If  so,  state  them. 

Answer.  Dming'the  month  of  November  a  young  man  named  Webster  fired  upon  a  negro 
woman  who  was  in  his  employment  for  some  language  which  he  considered  impudent.  The 
ball  struck  her  in  the  back  of  the  head,  resulting  in  a  serious  wound,  but  not  causing  death. 
For  that  offence  lie  was  arrested  by  the  military  authorities  and  tried,  and  fined  $IOU.  That 
was  before  I  anved  at  that  post.  The  post  was  then  commanded  by  Brevet  Brigadier  General 
Sheetz,  of  the  eighth  Illinois  regiment  of  infantry. 

Question.  Is  that  the  usual  penalty  imposed  by  military  officers  down  there  for  shooting 
colored  people  ? 

Answer.  That  was  the  usual  punishment  in  that  part  of  the  State.  It  had  been  for  the 
reason  that  there  were  no  other  means  of  punishment  in  the  hands  of  the  military  autho  ities. 
That  portion  of  Texas  has  been  considered  as  belonging  to  General  Canby's  department.  I 


48  RECONSTRUCTION. 

have  never  made  any  written  communication  to  his  headquarters,  but  I -asked  General  A.  J. 
Smith  \vhat  I  should  do  in  case  I  succeeded  in  arresting  men  who  committed  murder,  where 
there  was  no  testimony  but  negro  testimony.  His  reply  was  that  General  Canby  would  not 
permit  any  citizen  to  be  punished  by  military  commission.  That,  of  course,  left  the  military 
authorities  there  perfectly  powerless  to  punish  adequately  any  offences  upon  negroes.  Another 
case  of  outrage  was  reported  to  me  as  having  occurred  at  Novara  county.  There  is  a  family 
of  Ingrahams  there,  very  wealthy  and  influential.  An  unknown  negro  came  along  and  asked 
for  work.  A  son  of  Hugh  Ingraham,  and  son-in-law,  said  they  would  give  him  work.  They 
armed  themselves  with  revolvers,  took  the  negro  a  short  distance  from  the  house,  in  a  piece 
of  woods,  and  there  tied  him  and  flogged  him  to  death. 

Question.  How  do  you  know  these  facts  ? 

Answer.  This  case  was  reported  to  me  by  a  citizen  of  that  county.  His  name  I  am  not 
able  to  give;  but  it  is  on  the  records  of  the  office. 

Question.  Did  you  take  such  testimony  in  the  case  as  satisfied  you  of  the  truth  of  the 
statement  that  you  now  make? 

Answer.  Yes,  sir ;  I  applied  to  the  commander  of  the  post  for  a  force  to  send  out  to  arrest 
those  parties.  For  two  or  three  weeks  I  was  unable  to  obtain  it ;  the  force  there  not  being 
adequate.  The  gentleman  who  reported  these  facts  further  stated  that  he  had  designed  to 
remove  his  family  to  Arkansas  ;  that  he  had  engaged  a  number  of  negroes  in  the  neighbor 
hood  of  Ingraham's,  and  started  them  for  a  plantation  in  Arkansas;  that  his  family  had 
been  stopped  and  taken  back  to  his  house,  the  house  surrounded  by  citizens  of  that  part  of 
the  country,  and  threats  made  that  if  he  made  his  appearance  there  again  they  would  take 
his  life.  I  never  was  able  to  get  a  force  of  troops  to  send  there,  and  am  not  able  to  give  the 
result.  The  place  is  ninety-five  miles  distant  from  where  I  am  stationed. 

Question.  Outside  of  the  influence  of  the  military,  what  was  the  condition  of  things  ? 

Answer,  Exceedingly  disordered ;  no  security  for  person  or  property,  for  white  or  black. 
I  received  a  letter  from  Judge  Simpson,  chief  justice  of  Upshur  county,  in  reply  to  a  com 
munication  of  mine  requesting  him  to  collect  the  wages  of  some  negroes  who  complained  to 
me  of  being  defrauded  of  their  wages.  He  replied  that  he  was  unable  to  act  in  the  matter 
without  a  military  force,  and  that  it  was  impossible  for  him  to  arrest  anybody  or  hold  any 
body  accountable  for  acts  committed  against  the  negroex  That  letter  I  forwarded  to  Gal- 
veston  to  the  assistant  commissioner.  I  also  received  a  "letter  from  Chief  Justice  Priest,  of 
Cherokee  county,  asking  that  an  officer  be  sent  there  with  a  military  force.  There  is  a  simi 
lar  state  of  affairs  in  Panola  county.  In  the  month  of  December  last  four  discharged  United 
States  soldiers,  returning  to  their  homes  at  the  north,  from  San  Antonio,  were  followed  by  a 
party  of  desperadoes  and  murdered  in  cold  blood.  The  facts  were  reported  to  the  military 
authorities  at  Shreveport,  and  a  force  of  cavalry  was  sent  out  to  apprehend  the  murderers. 
They  passed  through  Panola  county  on  their  track,  and  reached  the  town  of  Henderson,  in 
Rush  county.  The  advance  guard  of  four  or  five  men  entered  the  town,  when  the  citizens 
gathered  together,  some  with  brickbats  and  some  with  revolvers,  threatening  them,  and  say 
ing  they  could  whip  any  number  of  Yankees  that  could  be  sent  there.  Their  numbers  con 
tinued  increasing  until  the  whole  cavalry  party,  about  twenty  men,  under  the  charge  of  an 
officer,  came  up,  when  they  quietly  slunk  away.  The  officer  who  had  charge  of  the  party 
reported  the  facts  to  me  on  his  return  to  Shreveport.  He  did  not  succeed  in  apprehending 
the  murderers. 

Question.  What  were  the'circumstanees  attending  the  murder  of  these  soldiers? 

Answer.  As  far  as  1  was  able  to  learn,  it  was  a  murder  committed  more  for  the  purpose  of 
robbery  than  for  anything  else.  • 

Question.  Disconnected  Avith  feelings  of  revenge  ? 

Answer.  I  was  not  informed  whether  there  was  any  feeling  of  revenge  or  spirit  of  bitter 
ness  against  them  because  they  had  been  soldiers. 

Question.  Of  what  had  they  been  robbed  ? 

Answer.  Of  very  little  except  their  horses.  They  were  cavalry  soldiers  returning  home 
with  their  horses. 

Question.  Do  you  know  the  names  and  regiments  of  the  soldiers? 

Answer.   I  am  not  able  to  give  you  that  information. 

Question.  You  are  satisfied,  from  the  evidence  you  had,  that  they  were  really  murdered  J 

Answer.  I  am  satisfied  of  the  fact. 

Question.  Did  you  get  any  clue  as  to  who  the  murderers  were  ? 

Answer.  The  name  of  the  principal  actor  was  reported  to  me,  but  I  am  not  able  to  recol 
lect  it  no<v.  He  had  been  a  soldier  in  the  rebel  service,  and  had  lost  an  arm. 

Question.  Do  you  know  any  other  instances  of  violence  committed  there  ? 

Answer.  In  the  town  of  Jefferson,  Marion  county,  Mr.  R.  H.  Robinson,  United  States 
treasury  agent,  hud  sei/ed  some  tithe-cotton  ;  'he  was  arrested  by  the  civil  authorities  and  in 
dicted  by  the  irraml  jury  of  the  county,  on  a  charge  of  swindling.  The  telegraphic  commu 
nication  between  Jefferson  and  Shreveport  was  interrupted,  and  the  despatch  which  he  at 
tempted  to  send  to  (ieiierai  Canby  in  New  Orleans  was  not  allowed  to  go.  He  was  held  in 
custody  until  he  could  report  the  facts  to  the  commanding  officer  of  the  force  at  Marshall, 
who  sent  immediately  an  order  to  the  chief  justice,  Judge  Gray,  to  release  him.  Jiuigo 
Gray  refused  to  release  him  on  the  order  of  the  commanding  officer,  who  again  sent  another 


FLORIDA — LOUISIANA — TEXAS.  49 

order  requiring  the  judge  to  release  him  immediately  or  he  would  have  him  arrested  and  tried 
before  a  military  commission.  Before  the  second  order  reached,  a  file  of  soldiers,  with  a 
captain,  which  had  gone  into  the  town  for  the  purpose  of  protecting  the  office  there,  went  to 
the  court-room  and  released  Mr.  Robinson.  This  case  was  afterwards  reported  to  General 
Canby,  at  New  Orleans,  and  to  Colonel  Burbridge,  the  supervising  special  agent  of  the 
treasury.  On  the  case  being  reported  the  action  of  Mr.  Robinson  was  fully  approved,  and 
he  was  not  only  relieved  from  any  charge  in  the  matter,  but  he  was  sent  back  to  his  district 
at  Jefferson. 

Question.  How  loug  was  he  held  in  confinement? 

Answer.  About  three  days.  On  Christmas  day  two  soldiers  of  the  46th  Illinois,  sta 
tioned  there  at  that  time,  furnished  with  whiskey  by  the  citizens  of  Marshall,  and  under  their 
influence,  murdered  a  negro  by  shooting  him.  The  two  soldiers  were  at  once  arrested  by 
Major  Cliugman,  who  was  commanding  the  post.  Charges  were  preferred  against  them, 
and  a  request  was  forwarded  to  General  Smith  for  a  military  commission.  The  civil  author 
ities,  through  the  chief  justice,  issued  a  warrant  for  their  arrest,  and  a  demand  was  made  on 
the  major  to  turn  over  the  soldiers  to  the  civil  authorities.  The  major  very  properly  refused 
to  comply  with  the  request.  No  further  action  has  been  taken  in  the  matter,  but  this  simply 
shows  the  spirit  of  the  civil  authorities  there. 

Question.  Do  you  know  any  other  instances  of  outrage  except  those  you  have  mentioned  ? 

Answer.  I  do  not  know  any  case  of  so  serious  a  nature  from  my  own  personal  knowledge ;  I 
have  heard  of  cases  frequently,  but  I  am  not  prepared  to  make  any  statement  about  them. 

Question.  What  do  you  know  of  the  political  sentiment  of  the  State  as  developed  by  the 
action  of  the  State  convention  of  Texas  ? 

Answer.  In  the  county  of  Harrison,  the  candidates  for  the  convention  were  Mr.  Ware,  a 
conservative  man,  though  not  known  as  a  thorough  Union  man,  arid  Colonel  John  Burke, 
who  was  said  to  have  held  the  honorable  position  of  spy  in  the  rebel  service.  Burke  an 
nounced,  on  his  nomination,  that  he  was  opposed  to  the  adoption  of  the  constitutional  amend 
ment,  opposed  to  the  abolition  of  slavery,  opposed  to  repudiating  the  rebel  debt,  opposed  to 
declaring  the  ordinance  of  secession  null  and  void,  and  opposed  to  renouncing  the  right  of 
secession.  He  was  elected  by  a  majority  of  some  eighteen  in  the  county,  over  the  conserva 
tive  gentleman.  In  the  county  of  Smith  there  were  two  conservative  candidates  against 
Judge  Roberts,  who  had  been  president  of  the  convention  which  passed  the  ordinance  of 
secession,  and  an  ex-colonel  of  the  rebel  army.  Judge  Roberts  and  the  ex-colonel  were 
elected  over  the  conservatives.  The  same  thing  happened  in  Rusk  county  and  in  Panola 
county,  so  far  as  I  was  able  to  learu ;  I  passed  through  the  country  from  Marshall  to  Gal- 
veston,  and  that  was  generally  the  case  along  the  route  to  Houston. 

Question.  Did  you  have  conversation  with  their  political  men  going  to  the  convention  ? 

Answer.  Yes.  I  travelled  in  company  with  Judge  Fraser,  a  member  of  the  convention, 
and  met  many  of  his  associates  who  had  been  elected  members  of  the  convention.  In  nine- 
tenths  of  the  cases  of  those  I  met  their  election  had  been  based  on  the  action  they  had  taken, 
during  the  war.  As  a  general  rule  they  were  elected  because  they  had  been  secessionists, 
and  out-and-out  rebels,  and  had  taken  an  active  part  against  the  government  of  the  United 
States. 

Question.  What  were  their  sentiments  as  expressed  to  you,  in  relation  to  the  position  which 
they  had  been  occupying  during  the  rebellion? 

Answer.  The  only  regret  I  heard  expressed  for  any  action  during  the  last  five  years  was, 
that  they  did  not  succeed.  They  were  anxious  now  to  be  admitted  into  the  Union,  hoping 
to  unite  the  agricultural  interests  of  the  northwest  with  those  of  the  South  in  order  to  obtaiu 
the  political  power  which  they  had  staked  on  the  issue  of  war,  and  lost. 

Question.  Did  any  of  them  yield  up  their  favorite  doctrine  of  the  right  of  secession? 

Answer.  The  expression  was,  that  the  question  had  been  decided  against  them  by  the  war — 
not  that  they  were  convinced. 

Question.  What  is  your  judgment,  from  all  you  saw  and  could  learn  when  you  were  in 
Texas,  as  to  the  practicability  and  propriety  of  admitting  the  State  back  into  the  Union  with 
all  its  rights? 

Answer.  In  my  opinion  it  would  be  unsafe  to  admit  them  back  as  long  as  they  continue  to. 
select  such  men  as  they  do  to  represent  them. 

Question.  How  long  is  it  since  you  left  Texas  ? 

Answer.  I  left  Marshall  the  21st  of  January,  and  came  down  through  the  country  to-  Gal- 
veston,  where  I  left  on  the  2d  of  February. 

Question.  Can  you  state  any  other  matter  or  thing  in  reference  to  this  general  subject  which 
would  be  of  interest  to  the  committee  ? 

Answer.  I  will  relate  an  incident  to  illustrate  the  spirit  of  the  people  there.  About  the 
Christmas  and  New  Year's  holidays  there  was  a  general  cry  that  there  would  be  a  negro 
insurrection.  Governor  Hamilton  authorized  the  chief  justices  to  arm  patrols  for  the  purpose 
of  suppressing  anything  of  the  kind.  In  ali  instances,  where  I  had  any  knowledge  of  these 
patrols,  they  were  composed  of  the  most  reckless  and  desperate  men.  Under  pretence  of  the 
authority  given  them,  they  passed  about  through  the  settlements  where  negroes  were  living, 
disarmed  them— took  everything  in  the  shape  of  arms  from  them— and  frequently  robbed 
them  of  money,  household  furniture,  and  anything  that  they  could  make  of  any  use  to  them- 
4  F  LT 


50  RECONSTRUCTION. 

selves.  Complaints  of  this  kiud  were  very  often  brought  to  my  notice  by  the  negroes  from 
counties  too  far  away  for  me  to  reach. 

Question.  These  patrols  were  acting  under  the  authority  of  the  provisional  governor? 

Answer.  Yes,  sir. 

Question.  Were  any  of  them  prosecuted  for  it  ? 

Answer.  Not  to  my  knowledge. 

Question.  Is  there  any  way  of  punishing  these  men,  except  by  our  own  military  authority? 
Have  the  negroes  any  rights  whatever  under  the  existing  laws  there,  as  administered  at  this 

Answer.  None  whatever.  I  am  informed  by  General  Gregory  that  in  Galveston  they  allow 
negroes  to  testify  in  the  courts,  and  to  sue.  There  they  give  them  some  rights,  but  in  north 
eastern  Texas  none  at  all.  The  only  instance  I  know  of  his  testimony  being  taken  in  the 
courts  is  in  the  town  of  Marshall.  The  mayor  of  that  town  came  to  me  and  asked  me  what 
he  was  to  do  in  the  case  of  negroes,  as  the  laws  did  not  allow  him  to  take  their  testimony. 
I  said  to  him:  "  If  the  laws  do  not  authorize  you  I  will  hear  the  cases  myself."  He  then 
said  he  would  give  them  their  choice  ;  that,  if  they  chose  to  -be  tried  by  him,  he  would  try 
them ;  otherwise  he  would  refer  the  cases  to  me  Under  that  arrangement  he  tried  several 
cases.  But,  to  give  you  an  opinion  as  to  how  impartially  justice  is  administered :  On  Christ 
mas  day  a  citizen  named  Turner  passed  through  the  streets  of  Marshall,  half-drunk,  drew  his 
revolver  and  struck  three  negroes  over  the  head,  cutting  their  heads,  and  injuring  them 
seriously.  For  that  offence  the  mayor  of  the  town  fined  him  ten  dollars.  Two  negroes  were 
found  playing  cards  in  a  negro  boarding-house,  and  for  that  offence  they  were  fined  $17  50 
by  the  same  mayor. 

Question.  Is  he  a  conservative  ? 

Answer.  He  has  been  a  major  in  the  rebel  service,  I  believe.  That  is  the  only  recommend 
ation  he  has. 

Question.  Is  there  still  a  military  garrison  in  Marshall  ? 

Answer.  When  I  left,  which  is  a  month  ago,  there  were  two  companies  of  the  8th  Illinois 
there — white  soldiers. 

Question.  Who  was  in  command  there  1 

Answer.  Captain  Bishop. 

Question.  Have  you  passed  through  any  portion  of  the  State  of  Texas  where  we  had  not 
military  control  ? 

Answer.  Strictly  speaking  we  have  no  military  control  after  we  leave  Marshall,  ti: 
reach  Crockett,  in  Hunter  county,  200  miles.     Ihere  are  no  troops  between  those  points. 

Question.  What  did  you  learn  of  the  situation  of  the  coloied  people  outside  oi  military 
jurisdiction  and  control  ? 

Answer.  It  varies  in  different  localities;  in  some  counties  they  are  employed 
wao-es,  and  treated  fairly  and  honesUy.  In  other  localities,  frequent  complaints  were  made 
to  me  that  the  negroes  were  held  in  slavery  and  compelled  to  iabor  as  usual.  In  Rusk  and 
Cherokee  counties  these  complaints  were  frequent— that  the  negroes  were  in  the  same  condi 
tion  as  before  the  war,  where  they  were  unable  to  leave  home.  I  know  of  many  instances 
where!  sent  orders  with  negro  men  for  the  former  owners  to  surrender  the  negroes'  wives 
and  children,-  and  the  owners  refused  to  obey  the  orders.  I  had  not  sufficient  lorce  to  com 
pel  obedience,  so  that  they  had  to  live  in  that  condition. 

Question.  How  la.-ge  is  the  military  force  in  northeastern  Texas  altogether? 

Answer.  There  are  two  companies  at  Marshall.     That  is  the  only  force. 

Question.  Is  that  a  mounted  force  1 

Answer.  No,  sir ;  a  dismounted  force. 

Question.  How  much  does  that  force  amount  to  in  keeping  the  peace  m  that  portion  of 
Texas  ? 

Answer.  It  amounts  to  nothing  whatever. 

Question.  What  force,  in  your  judgment,  is  necessary? 

Answer  I  think  that  one  regiment  of  cavalry  in  that  portion  of  the  State,  with  small  gar 
risons  in  different  towns,  would  be  amply  sufficient.  The  influence  would  bo  felt  far  beyond 
the  bounds  actually  occupied  by  the  force,  if  they  were  mounted  men,  so  that  they  could  bo 
used  rapidly  and  expeditiously.  But  this  little  garrison  amounts  to  nothing  except  to  pre 
serve  order  in  the  immediate  town  and  neighborhood. 

Question.  What  force  is  there  in  Galveston  ? 

Answer.  Only  two  regiments  were  on  duty  there  when  I  was  there. 

Question.  Is  there  any  military  force  at  Houston  1 

Answer.  Yes,  sir;  I  cannot  give  the  number.  There  is  a  small  garrison  at  Houston,  and 
also  a  small  garrison  at  Crockett. 

WASHINGTON,  January  17,  1866. 
J.  W.  Shaffer*sworn  and  examined. 
By  Mr.  WASHBURNE  : 

Question.  State  your  agf,  residence,  and  occupation.^ 


Question.  State  your  ag«s  residence,  ana  occupation. 
Answer.  My  age  is  thi;ty-n:ne;  residence,  Freeport,  Illinois. 


FLORIDA — LOUISIANA — TEXAS.  51 

Question.  What  has  been  your  business  for  the  last  four  or  five  years  ?  • 

Answer.  I  have  been  in  the  service.  I  started  out  early  in  18GI  with  Pope,  when  he  was 
first  appointed,  on  his.  staff.  I  was  with  General  Hunter  subsequently,  and  went  through 
the  Missouri  and  Kansas  campaign.  When  transferred  to  Hunter  I  went  into  the  quar 
termaster's  department;  then  I  was  transferred  to  the  department  of  the  south.  On  the 
Jst  of  May,  IHfrJ,  I  was  ordered  to  Ship  island.  By  the  time  I  got  there  New  Orleans  had 
fal'en.  I  served  until  January,  18G3,  in  that  department.  I  then  had  leave  of  absence,  and  was 
sfrk  for  a  long  time.  In  October,  1803,  I  was  ordered  to  report  to  General  Butler,  whenhe  was 
placed  in  command  at  Fortress  Monroe.  I  acted  as  chief  of  staff  to  him  during  that  campaign. 

Question.  State  whether,  during  the  war,  while  you  were  at  New  Orleans,  you  had  a  large 
acquaintance  with  men  and  things. 

Answer.  During  the  time  I  was  in  New  Orleans  I  was  chief  quartermaster  of  that  depart 
ment,  and  was  in  contact  with  the  people  daily  pretty  largely,  black  and  white.  I  observed 
the  coqcluct  of  both  classes  very  closely,  and  made  up  my  miud  as  to  the  wants  and  feelings 
of  the  people. 

Question.  Have  you,  since  the  suppression  of  the  rebellion,  been  in  the  State  of  Louisiana  ? 
How  long  and  at  what  time  have  you  been  there  ?  State  fully  in  a  narrative  and  concise 
form  the  principal  results  of  your  observations  in  regard  to  the  existing  state  of  things  there. 

Answer.  Something  over  two  months  ago  I  left  home  and  started  to  go  to  New  Orleans  by 
steamer  from  Cairo.  In  going  down  the  river  I  learned  something  of  the  character  of  these 
people.  I  was  a  stranger  on  the  boat,  and  had  a  great  deal  of  conversation  with  southern  people; 
stopped  at  Natchez  quite  a  while,  at  Vicksburg  quite  a  while,  and  spent  some  two  weeks  in 
New  Orleans  and  vicinity.  I  then  went  over  to  Mobile,  spent  about  a  week,  and  came  back 
to  New  Orleans,  where  I  stopped  about  a  week  longer.  I  then  went  back  to  Mobile,  came 
to  Corinth  by  rail  on  through  Jackson  back  to  Cairo,  and  came  here.  My  conviction  is,  that 
there  are  very  few  loyal  men  who  were  in  the  rebellion.  The  great  mass  are  intensely  disloyal, 
I  think  there  is  nothing  on  earth  they  hate  so  bad  as  this  government  and  northern  citizens. 
I  met  a  great  many  I  knew  when  I  served  in  the  department,  and  with  whom  I  had  dealings. 
I  found  them,  with  an  entirety  different  spirit  from  what  they  formerly  held,  much  worse.  I 
conversed  with  General  Sheridan  and  other  military  commanders,  and  they  were  all  of  one 
opinion — that,  in  the  event  of  a  war  with  a  foreign  country,  that  whole  population  would  be 
the  allies  of  our  enemies  without  any  sort  of  doubt.  While  they  might  not,  many  of  them, 
take  up  arms — though  a  great  many  would  do  that — the  whole  of  them  would  lend  their 
sympathy  and  support  in  every  way  possible  against  us.  The  worst  men  I  met,  I  think, 
were  those  who  were  property-holders  previous  to  the  rebellion,  and  who  are  the  leading 
minds  of  the  south,  who  have  returned  with  their  pardons  in  their  pockets  and  have  resumed 
their  old  positions  of  leaders  and  educators  of  the  public  mind.  They  are  bitter  in  the  ex 
treme  ;  while,  possibly,  should  they  meet  any  public  character — any  officer,  civil  or  mili 
tary — going  south  who  is  known  to  be  a  public  character  in  the  north,  they  would  present  an 
entirely  different  front  from  what  they  would  to  a  stranger  or  a  man  who  acted  as  though  he 
was  in  sympathy  with  them.  For  example:  the  legislature  sat  some  fifteen  days  without 
having  the  flag  displayed  in  any  way  at  all,  and  then  were  only  driven  to  it  by  some  colored 
women  of  New  Orleans -who  addressed  a  very  polite  note  signed  by  Madam  This  and  Miss 
That,  proposing  to  present  a  flag  Supposing  them  to  be  some  northern  ladies,  as  the  least 
they  could  do  they  appointed  a  committee  to  receive  it.  In  the  mean  time  the  matter  leaked 
out,  and  they  directed  the  whole  proceedings  to  be  expunged  from  the  journal.*  By  this 
time  attention  had  been  called  to  the  fact  to  such  an  extent  that  they  supposed  they  had  better 
stick  up  a  flag,  which  they  did,  but  not  where  they  could  see  it.  The  legislature  sat  at  New 
Orleans,  not  at  Baton  Rouge.  All  the  candidates  for  offices — for  doorkeepers,  clerks,  &c. — 
for  both  houses,  printed  their  tickets,  "  late  of  the  confederate  army,"  as  a  recommendation 
why  they  should  be  elected,  and  every  man  elected  was  from  that  class.  One  poor  fellow, 
who  had  had  both  arms  shot  off,  was  a  candidate  for  doorkeeper.  He  printed  his  tickets  and 
then  dressed  himself  up  in  full  rebel  uniform.  He  was  arrested  by  the  provost  guard  under 
an  old  standing  order,  taken  to  the  provost  marshal's  office,  and  stripped  of  hi.s  buttons  and 
insignia  of  rank.  He  went  back  in  a  day  or  two,  and  appeared  again  with  the  same  trap 
pings.  He  was  reap-ested,  and  Mr.  Duncan  F.  Kenner  made  a  motion  requesting  that  this 
man  might  be  remanded  back,  to  be  dealt  with  by  the  legislature,  which  was  done. 

By  Mr.  ROGERS  : 

Question.  Are  you  giving  these  details  from  your  own  knowledge,  or  from  hearsay  ? 

Witness.  Partially  each.  That  which  I  state  I  did  not  personally  know,  I  learned  from 
most  reliable  authority. 

Mr.  RO<;KRS.  Please  designate  in  your  answers  what  you  testify  from  your  own  knowledge 
and  what  from  hearsay. 

Witness.  My  informant  told  me  he  went  and  saw  this  candidate  for  doorkeeper,  who  was 
an  ignorant  man,  and  asked  him,  "  Why  do  you  put  yourself  up  here  in  defiance  of  the  mili 
tary,  and  at  the  risk  of  being  punished  ?"  Said  he,  4%  I  came  here  and  made  application  for 
this  position.  I  consulted  with  Mr.  Kenner,  who  is  a  leading  man.  Mr.  Kenner  told  mo 
how  I  must  print  my  tickets,  and  told  me  I  must  put  on  that  uniform.  After  I  was  arrested 
and  the  buttons  were  cut  off,  M_r.  Kenner  told  me  I  would  be  kicked  out  unless  I  put  it  on 


52  RECONSTRUCTION. 

again."»  This  Mr.  Kcrmer  was  a  rebel  officer  and  a  large  property-holder  in  Louisiana;  a 
nutnof  a  good  deal  of  influence,  engaged,  as  I  am  told,  in  running  the  blockade,  in  which  he 
amassed  a  large  fortune,  got  his  pardon,  and  I  think  is  a  fair  type  of  the  southern  people. 
Now,  in  reference  to  the  condition  of  the  country — I  observed  that  very  closely,  feeling  a 
strong  interest  in  the  subject.  I  conversed  with  commercial  men,  with  planters  in  the  in 
terior  and  with  planters  on  the  river,  and  I  made  up  my  mind  that  seven  hundred  and  fifty 
thousand  bales  would  be  the  maximum  cotton  crop  for  the  coming  season  raised  in  the 
south.  I  also  made  up  my  mind  that  had  that  country  been  entirely  under  the  control  of 
the  government  of  the  United  States,  could  Union  men  and  northern  capitalists  have  been 
assured  of  protection  in  their  persons  and  in  their  property  until  their  crops  were  raised, 
there  would  have  been  a  million  and  a  half  bales  more  raised  ;  of  that  I  have  no  doubt.  I 
will  illustrate  :  A  Mr.  Brewster,  of  my  town,  bought  his  mules,  his  ploughs  and  his  whole 
paraphernalia  for  farming,  arid  sent  his  son  ahead  to  Vicksburg  to  lease  plantations.  The 
son  went  ahead,  but  found  this  feeling  existing  in  that  country,  found  the  troops  being  with 
drawn,  and  that  just  in  proportion  as  the  troops  were  withdrawn  this  malignant  feeling  in 
creased.  He  got  frightened.  His  father  came  on  and  got  frightened.  He  went  to  New 
Orleans  and  1  introduced  him  to  southern  men  and  northern  men,  and  the  result  was  that  he 
telegraphed  to  his  son  to  sell  everything  at  whatever  price  it  would  bring  and  be  prepared 
to  leave.  I  was  talking  with  a  Mr.  Weed,  whom  I  knew  there,  and  was  among  the  first  to 
lease  plantations  from  the  government.  He  has  been  farming  there  for  nearly  four  years, 
and  has  worked  about  two  thousand  negroes  on  quite  a  number  of  plantations,  both  sugar 
and  cotton.  He  made  it  profitable  Ihree  months  ago  he  had  made  arrangements  with 
friends  in  New  York  to  invest  a  million  or  a  million  and  a  half  of  dollars  in  plantations  :  but 
he  found,  as  the  strong  arm  of  the  government  began  to  be  relaxed,  that  this  spirit  began  to 
manifest  itself,  and  came  to  the  conclusion  that  if  he  invested  this  amount  of  capital  in  that 
way,  he  would  be  robbed  before  his  cotton  would  be  raised,  and  stopped.  And  my  observa 
tion  was  that  seven-eighths  of  the  Union  men  both  at  Mobile  and  New  Orleans  are  making 
arrangements  to  wind  up  their  affairs  in  view  of  the  turn  things  are  taking.  The  southern 
men,  many  of  them,  will  not  hire  the  negroes.  Many  more  cannot  hire,  because  the  negroes 
will  not  work  for  them  on  account  of  their  reputation  for  brutality.  A  few  who  have  always 
been  kind  to  their  negroes,  still  have  them.  I  met  a  gentleman  on  the  boat  who  had  been  a 
major  in  the  rebel  army,  a  man  of  some  prominence.  He  told  me  he  had  plantations  in 
Alabama  and  in  Mississippi ;  that  his  negroes  remained  with  him,  and  that  he  had  no  diffi 
culty  with  them ;  that  they  acted  more  shrewdly  and  sensibly  than  their  white  neighbors  ; 
that  he  made  a  contract  with  them  for  three  years,  on  condition  that  if  they  saved  enough 
within  that  time  to  buy  muies,  ploughs,  &c.,  at  the  end  of  the  peiiod  he  would  cut  his  laud 
up  into  small  tracts  and  lease  it  to  them.  He  said  they  all  went  to  work  cheerfully,  but  that 
right  on  the  heels  of  that  the  legislature  of  Mississippi  passed  a  law  making  it  a  criminal  offence 
to  lease  or  sell  land  to  negroes.  The  consequence  was  that  his  negroes  in  Mississippi  stampeded. 
He  had  just  returned  from  Mississippi,  and  he  told  me  that  his  negroes  believed  he  had  be 
trayed  them  ;  that  he  had  taken  this  means  to  deprive  them  of  their  interest  in  their  contract. 
In  travelling  through  Mississippi,  I  met  many  small  farmers  who  were  disposed  to  hire  ne 
groes,  but  that  in  hiring  at  random  some  of  the  negroes  would  prove  good  for  nothing. 
The  laws  of  that  State  made  it  a,  finable  offence  of  five  dollars  a  day  to  hire  a  negro  who 
had  engaged  to  hire  to  anybody  else.  A  man  could  not  therefore  affoid  to  work  a  plantation 
at  the  risk  of  being  fined  five  dollars  a  day  each,  for  half  the  hands  he  had.  Another  class 
cannot  hire  because  the  negroes  will  not  work  lor  them.  Nor:  hern  men  can  always  hire  as 
many  negroes  as  they  want,  but  they  are  alraid  to.  The  result  will  be  that  this  surplus  of 
labor  that  cannot  find  employment  will  become  demoralized  and  vicious.  They  will  resort 
to  all  sorts  of  expedients  to  live,  and  stealing  will  inevitably  follow. 


WASHINGTON,  Monday,  January  22,  1866. 
J.  W.  Shaffer's  examination  continued. 
By  Mr.  WASHBURNE  : 

Question.  What  is  the  present  status  of  Louisiana  so  far  as  regards  the  courts — the  adminis 
tration  of  justice  /  State,  also,  what  you  know  of  the  recent  action  of  the  legislature  of  that 
State. 

Answer.  As  I  understand  it  now,  in  Louisiana  all  the  State  courts  and  all  the  entire  civil 
organization  of  the  State  is  in  complete  running  order.  The  governor  has  appointed  the 
sheriffs,  justices  of  the  peace,  collectors,  assessors,  and  all  those  various  officers  who  are 
usually  elected.  They  have  had  no  elections  for  county  or  municipal  officers  yet.  Those 
places  are,  however,  all  filled.  The  military  has  withdrawn  all  control  <wcr  civil  affairs,  and 
only  interpose  in  very  extreme  cases.  The  result  is  that  there  is  being  a  tair  opportunity  to 
test  the  working  of  the  civil  courts.  My  convictions  are — in  fact  I  was  well  informed,  and 
have  no  doubt  of  the  truth  of  it — that  all  these  offices,  or  nearly  all  of  them,  are  filled  by  bitter 
enemies  of  our  government.  Their  courts  ^m-  i-spfi-ially  so.  I  could  possibly  illustrate  that. 
There  was  a  case,  while  I  was  in  New  Orleans,  of  a  northern  gentleman,  who  sued  a  citizen 


FLORIDA — LOUISIANA — TEXAS.  53 

of  Louisiana  in  a  federal  court  to  collect  a  bill.  The  defendant  pleaded  that  the  plaintiff  was  a 
citizen  of  Louisiana  of  right,  and  could  not  bring  suit  in  that  court.  The  question  of  citi 
zenship  has  been  tried  heretofore  in  that  court  by  a  jury.  Mr.  Horner,  who  was  the  plain 
tiffs  attorney,  immediately  asked  for  a  jury,  and  proved  conclusively  that  his  client  was  a 
citizen  of  Ohio,  and  never  had  been  a  citizen  of  Louisiana.  The  defendant  introduced  no 
evidence  except  the  attorney's  assertion  that  this  man  was  a  citizen  of  Louisiana,  and  that  he 
was  playing  the  northern  man  to  reb  the  south.  The  jury  retired,  and  presently  brought  in 
a  verdict  that  the  plaintiff  was  a  citizen  of  Louisiana.  The  federal  judge,  without  waiting 
for  a  motion  by  the  counsel,  immediately  set  the  whole  proceeding  aside,  and  stated  that  in 
futui'e  he  would  decide  such  questions  himself.  I  had  this  from  Mr.  Horner,  who  was  the 
attorney  for  the  plaintiff  in  the  case.  I  found  the  general  prevailing  opinion  there,  based  upon 
a  good  many  cases  that  had  been  tried,  that  no  northern  man  could  get  justice  in  any  of  the 
State  courts.  I  found  a  man  there  whom  I  had  known  yery  well  in  1862,  a  man  who  had 
lived  in  the  south  twenty-five  years.  He  was  very  outspoken  in  his  sentiments.  He  said 
the  other  night  he  was  walking  in  Canal  street,  when  he  was  accosted  by  a  couple  of  returned 
rebel  soldiers  and  threatened.  He  hallooed  for  help.  There  were  some  federal  soldiers  and 
policemen  near  by,  who  came  up  and  arrested  them.  They  threatened  to  massacre  him,  and 
were  taken  to  the  lock-up.  He  appeared  the  next  morning  against  them  in  the  recorder's 
court.  He  told  me  that  when  the  case  was  called  up  the  two  men  stated  that  they  had  been 
good  confederate  soldiers,  &c.,  and  the  recorder  dismissed  them  immediately.  He  told  me 
that  he  remained  in  court  that  morning  to  see  how  justice  was  administered  in  other  cases, 
and  that  in  every  instance  where  it  was  a  rebel  soldier  who  had  been  committing  an  offence 
he  was  dismissed  without  punishment,  but  that  every  case  of  a  negro  was  punished  severely. 

(Mr.  ROGERS  objected  to  mere  hearsay  statements  being  given  as  evidence,  and  witness 
was  cautioned  to  confine  himself  as  nearly  as  possible  to  his  own  observations  and  conversa 
tions.  ) 

Witness.  I  was  stating  what  I  thought  was  the  condition  of  the  courts  in  Louisiana,  and 
was  giving  these  facts  to  show  the  real  cause  of  danger  to  loyal  men  and  northern  men  who 
were  attempting  to  live  among  these  people.  The  interference  of  the  military  now  being 
confined  to  very  narrow  limits,  not  being  permitted  to  intervene  except  in  extreme  cases,  has 
permitted  these  people  by  their  action  to  drive  out  a  large  number  of  northern  men  who  had 
settled  there,  and  to  prevent  great  numbers  from  coming  there  to  settle.  I  think  those  who 
had  come  there  to  remain  would  have  risked  staying,  but  for  the  impression  that  this  relaxa 
tion  of  the  government  power  was  to  continue  until  the  protection  of  the  government  should 
be  withdrawn  altogether,  leaving  the  State  entirely  under  the  control  of  its  own  officers  and 
people.  I  found  among  the  people  there  a  deep-seated  determination  to  repudiate  the 
national  debt.  Of  this  I  can  speak  from  my  own  observation,  and  from  conversation  with  a 
great  many  people  in  the  south.  I  recollect  making  use  of  this  argument  to  several,  and 
their  answers  were  substantially  the  same.  I  said  that  the  government  was  now  united, 
and  the  honor  of  the  whole  country  was  at  stake.  Their  reply  almost  invariably  was,  "  You 
have  caused  us  to  repudiate  our  debt,  we  have  lost  our  honor,  we  have  been  humiliated, 
and  we  cannot  by  any  system  of  reasoning  see  by  what  right  we  should  be  compelled  to  tax 
ourselves,  poor  as  we  are,  to  pay  the  debt  contracted  to  bring  us  into  our  present  humiliated 
condition."  When  in  Virginia,  a  week  ago  last  Friday,  I  saw  on  the  cars  a  Mr.  Robinson, 
a  bank  president,  as  I  understood.  There  was  a  gentleman  living  in  Richmond  sitting 
alongside,  and  I  overheard  a  conversation  between  them  in  reference  to  confederate  money. 
Mr.  Robinson,  the  banker,  said  to  this  man  he  had  better  hold  what  confederate  money  he 
had,  and  remarked,  "  We  are  very  much  better  off  than  they  are  in  the  north.  We  have  no 
debts,  or  very  few,  to  pay.  They  are  burdened  down  with  a  very  heavy  national  debt,  and 
in  a  few  years  we  will  be  in  a  condition  to  fund  or  pay  some  portion  of  the  confederate 
debt."  The  other  man  said  he  understood  the  south  Avas  equally  holden  with  the  north  for 
the  payment  of  this  debt.  Mr.  Robinson  replied,  "That  may  be  so  now,  but  when  our 
States  get  into  their  proper  position  the  government  will  find  it  very  difficult  to  collect  a  few 
dollars  from  citizens  of  the  south ;  they  will  find  it  more  expensive  than  the  tax  is  worth  to 
send  a  file  of  soldiers  to  collect  it  in  every  instance." 

(Mr.  ROGERS  objected  to  this  kind  of  testimony  as  not  legal  or  corhpetent,  as  mere  hearsay 
statements  made  by  parties  not  under  oath,  as  only  cumbering  the  record,  without  accom 
plishing  any  of  the  purposes  of  the  investigation. 

The  committee  decided  to  allow  the  witness  to  proceed  with  his  narrative.) 

Witness.  I  would  like  to  speak  of  another  thing.  There  was  previous  to  the  war  an  or 
ganization  at  New  Orleans  known  as  the  "  Pilots' Association."  When  Admiral  Farragut's 
expedition  arrived  at  New  Orleans,  about  half  of  the  members  of  that  association  had  be 
longed  to  the  rebel  fleet,  the  other  half  was  there.  Pilots  were  wanted  very  much;  Admiral 
Farragut  sent  ashore  and  said  he  could  not  go  up  the  river  without  a  number  of  pilots. 
Then  the  whole  pilot  association  was  arrested  and  sent  on  board  the  fleet.  Two  or  three  of  the 
whole  number  volunteered.  Admiral  Farragut  would  not  risk  any  pilots  who  would  not  volun 
teer.  There  were  several  other  pilots  who  had  been  expelled  from  the  association  during  the  time 
of  the  rebellion  for  their  Union  sentiments,  who  came  up  voluntarily  and  offered  their  ser 
vices.  These  men  worked  faithfully  as  pilots  up  to  the  time  of  the  suppression  of  the  rebellion. 
The  men  composing  this  association  have  come  back,  and  under  the  laws  of  Louisiana,  have 


54  RECONSTRUCTION. 

reorganized.  While  in  New  Orleans  I  met  a  great  many  of  the  pilots  and  steamboat  men 
whom  I  met  during  the  war,  and  who  told  me  they  were  expelled  from  the  association,  and 
that  by  a  rule  of  the  association  and  bt»artl  of  underwriters  they  could  not  be  allowed,  and 
they  are  not  to-day  allowed,  to  take  any  employment  upon  any  vessel  on  the  Mississippi  or 
its  tributaries. 

By  Mr.  ROGERS  : 

Question.  For  what  reason  ? 

Answer.  Because  of  their  Union  sentiments.  I  found  some  of  them,  and  some  of  the  best 
pilots  we  had;  very  poor.  Here  is  a  statement  of  John  D.  Walker,  a  man  who  aided  us  very 
much,  and  possibly  more  than  any  other  pilot  during  the  war.  I  found  him  there  in  a  very 
destitute  condition,  and  unable  to  get  work  ;  for  these  pilots  and  steamboat  associations  ex 
clude  men  from  employment  not  only  as  pilots,  but  even  as  stevedores  on  the  wharves.  And 
in  this  way  these  pilots  who  are  Union  men  are  cut  off  from  all  means  of  support  by  these  re 
turned  rebels.  I  asked  Mr.  Walker  to  make  out  a  statement  ou  behalf  of  himself  and  this 
class  of  men,  which  he  did,  and  which  is  as  follows : 

"NEW  ORLEANS,  LOUISIANA, 

"December  16,  1865. 

"  COLONEL:  This  statement,  made  on  my  own  behalf  and  in  behalf  of  some  forty  pilots  of 
the  Mississippi,  Red,  and  tributary  rivers,  is  for  the  purpose  of  placing  in  your  hands  facts 
as  to  the  treatment  to  which  those  citizens  of  the  United  States  who  have  been  loyal  to  the 
flag  in  the  days  of  its  peril  are  now  subjected  by  those  Union  men  whose  loyalty  dates  only 
to  the  late  destruction  of  their  treasonable  hopes  by  force  of  arms.  You  are  at  liberty,  there 
fore,  to  make  such  use  of  the  same  as  may  subserve  the  interests  of  the  tine  Unionists  of  New 
Orleans  and  the  dignity  of  the  government. 

"  When  the  secession  of  the  State  was  agitated,  and  after  its  accomplishment,  I  was  im 
prisoned  for  three  months  in  New  Orleans,  for  what  was  called  disloyalty  to  the  confederacy, 
but  which  was,  in  other  words,  unflinching  and  outspoken  loyalty  to  the  United  States.  I 
had  been  for  many  years  a  pilot  and  captain  in  the  steamboat  business  from  this  port,  and 
always  rated  as  a  first-class  pilot. 

"  When  Admiral  Farragut  and  General  Butler  captured  the  city,  I  was  among  the  first  to 
enter  the  service  of  the  government  as  a  pilot  and  captain,  serving,  as  you  know,  under 
yourself,  and  afterwards  under  Colonel  Hoiabird,  in  the  quartermaster's  department,  until 
after  the  capture  of  Port  Hudson  in  July,  1863.  In  November,  1863,  I  entered  the  United 
States  navy,  as  a  first-class  pilot,  and  was  honorably  discharged  on  the  reduction  of  the  navy 
in  July,  1865. 

"  Since  the  close  of  the  war,  the  board  of  underwriters  here  hare  appointed  an  inspector  of 
pilots  in  harmony  with  the  steamboat  Pilot  Association,  which  has  been  reorganized,  and  is 
the  same  rebel  concern  it  was  on  the  arrival  of  the  flest  and  army  in  186^,  when  but  one  mail 
would  voluntarily  work  for  the  United  States  government,  when  ordered  on  board  the  fleet 
by  General  Butler. 

"  Some  twenty  pilots  who  have  spent  their  time  voluntarily  in  the  confederacy,  giving 
their  best  services  to  the  overthrow  of  the  republic,  have  been  licensed,  and  about  forty  of  us 
who  have  been  in  the  service  of  the  United  States  have,  for  no  cause  except  personal  hos 
tility,  been  proscribed.  We  are  all  regularly  licensed  United  States  pilots,  and  have  our  certifi 
cates  to  that  effect  from  the  United  States  pilot  inspector.  In  spite  of  this  legal  and  only 
appropriate  license,  we  are  now  thrown  out  of  employment,  thus ;  the  reconstructed  rebel 
Pilot  Association  marks  us  out,  the  reconstructed  rebel  inspector  of  the  underwriters  pro 
scribes  us,  the  eminently  loyal  board  of  underwriters  refuse  to  insure  on  steamers  under  our 
pilotage,  and  we  are  thrown  out  of  work. 

"  Although  the  flag  we  served  during  the  war  is  re-established  throughout  the  land,  it  is 
powerless  to  protect  us  from  insult  and  oppression  for  our  own  services  in  its  defence.  There- 
tore,  while  I  am  aware  that  no  power  exists  in  the  military  arm  of  the  government  to  right 
wrongs  of  so  purely  commercial  a  character,  I  take  this  method  of  making  known  to  those 
who  are  engaged  in  the  work  of  reconstructing  the  south,  the  hue  of  the  pure  patriotism  of 
these  men,  who  rap  at  the  door  of  Congress  wi'h  credentials  of  loyalty,  while  their  hearts 
are  in  the  grave  of  the  'stars  and  bars,'  Mid  their  acts  oppress  those  who  have  served  that 
other  flag  to  which  they  now  owe  safety  and  new-born  prosperity. 

"A  list  of  the  prosc.iibod  pilots  accompanies  this,  and  1  beg  your  influence  at  Washing 
ton  in  exposing  this  fraud  upon  the  clemency  of  the  government  and  this  injustice  towards 
her  loyal  citizens. 

"  I  am,  colonel,  very  respectfully,  &c., 

"JOHN  D.  WALKER. 

"  Colonel  J.  W.  SHAFFER, 

"St.  Ciuirles  Hotel,  New  Orleans." 

I  found  another  one  of  these  pilots  there  dressed  in  confederate  soldier's  clothes.  He 
said  that  after  repeated  efforts  to  get  employment,  and  failing,  this  being  at  all  times  a 
sure  guarantee  that  men  would  be  employed  if  employment  was  to  be  had,  he  put  on  that 


FLORIDA — LOUISIANA — TEXAS.  55 

disguise,  after  which  he  succeeded  in  getting  work.  He  was  a  man  who  had  been  with 
Admiral  Farragut,  and  was  on  his  old  Hag-ship  in  that  fleet.  As  he  expressed  it,  he  was 
now  a  refugee  in  his  own  country.  That  rule  of  action  holds  good  in  every  department  in 
the  south.  While  at  Mobile  I  saw  a  great  many  men  whom  1  knew  at  New  Orleans  and  in 
the  north  who  had  taken  stocks  of  goods  to  Mobile  and  gone  into  trade,  but  who  were  now 
making  arrangements  to  wind  up  their  business  and  leave.  They  had  been  served  with  reso 
lutions  passed  at  Mobile  warning  them  that  they  would  not  be  tolerated  there  longer  than  a 
reasonable  time  to  close  out  their  business.  This  was  within  the  last  thirty  days.  You  will 
bear  one  thing  in  mind,  that  the  sentiment  in  the  south  has  changed  very  rapidly  within  the 
last  three  or  tour  months. 

By  Mr.  ROGERS  : 

Question.  How  has  it  changed  ? 

Answer.  It  has  become  very  much  more  rabid  than  it  was  at  the  close  of  the  war.  All  the 
Union  men  and  northern  men  I  talked  with  in  the  south  tuld  me  that  immediately  after  the 
surrender  of  the  southern  armies  their  officers  and  men  came  back  completely  subdued, 
manifesting  as  good  a  spirit  as  it  was  possible  for  men  to  manifest,  admitting  that  the  sequel 
had  shown  that  we  were  right  and  they  were  wrong.  They  said,  "we  do  not  know  what 
disposition  the  government  is  going  to  make  of  us;  we  have  no  assurance  except  that  we 
are  ordered  to  go  to  our  homes  and  remain  there  on  parole ;  we  must  make  a  living  ;  we  are 
desirous,  as  fast  as  possible,  to  recuperate  our  broken  fortunes  ;  we  are  now  ready  to  follow 
your  advice  in  all  things  ;  tell  us  where  we  are  to  go,  what  we  are  to  do,  and  what  is  to  be 
required  of  us,  and  we  will  obey  cheerfully."  This  spirit  entirely  captivated  the  northern 
men.  There  were  a  few  southern  men  who  understood  southern  character  better  than 
northern  men  did  ;  but  most  of  them,  I  think,  thought  it  was  a  real,  honest,  heartfelt  feeling. 
Soon  these  people  were  all  pardoned,  their  property  restored  to  them,  aud  the  government  in 
great  haste  made  arrangements  to  put  them  into  power  and  give  them  the  entire  control  of 
political  affairs.  They  immediately  began  to  show  their  malignant  dispositions  in  their 
elections.  The  man  who  denounced  the  government  the  most  bitterly,  and  who  had  done 
the  most  for  the  confederate  government,  was  the  most  popular  with  their  people.  This  con 
stant  talking,  stump-speaking,  and  preaching  renewed  the  old,  feeling  against  the  north, 
and  the  more  they  discussed  it  the  bitterer  they  got,  until,  as  I  said,  you  will  find  that  the 
men  they  looked  upon  as  friends  when  they  first  came  back  from  the  war,  they  have  now 
turned  upon  like  hyenas,  and  are  giving  them  notice  to  leave  the  country. 

By  Mr.  ROGERS: 

Question.  Who  do  you  mean  had  notice  to  leave  the  country? 

Answer.  Union  men. 

Question.  Did  the  authorities  give  them  notice  that  they  must  leave  the  country  ? 

Answer.  No ;  the  inhabitants  gave  them  notice  that  they  must  leave  the  south. 

Question.  Do  you  know  that  of  your  own  knowledge  ? 

Answer.  Only  as  these  men  have  told  me,  and  from  letters  I  have  received  and  seen.  As 
I  said,  these  three  men  at  Mobile  had  such  notice.  The  same  spirit  is  manifested  every 
where.  In  the  first  place,  they  will  admit  no  social  relationship  to  exist ;  that  is  all  cut  off. 
Northern  men  and  Union  men  are  also  cut  off  from  any  commercial  relationship  from  south 
ern  men.  You  will  see  it  in  every  branch  of  trade.  Northern  men  who,  six  months  ago, 
were  selling  large  quantities  of  goods,  to-day  are  scarcely  selling  anything.  You  will  see 
on  the  bill  of  fare  of  the  St.  James  Hotel  such  dishes  as  "  Stonewall  Jackson  soup,"  "  con 
federate  hash."  Captain  Plato,  who  served  under  mo  at  one  time,  came  there  with  his  wile 
to  stop.  They  took  their  seats  at  the  table  and  sat  there  for  about  three-quarters  of  an  hour, 
hailing  every  servant  that  passed,  but  no  one  paying  the  slightest  attention  to  them. 

Question.  Were  they  white  or  colored  servants  ? 

Answer.  I  believe  colored.  He  finally  collared  one  of  the  waiters  and  told  him  he  had 
got  to  be  waited  on.  The  servant  replied  that  their  orders  were  not  to  wait  on  any  Yankee 
officer  until  everybody  else  was  done.  Plato  being  pretty  plucky,  managed  after  awhile  to 
succeed  in  getting  his  dinner.  He  reported  the  matter  to  the  military  commander,  who  sent 
for  the  proprietor,  and  asked  him  what  he  meant  by  this  course?  Proprietor  replied,  sub 
stantially,  as  follows  :  "I  rent  this  hotel ;  I  pay  for  the  lease.  In  Chicago  or  in  St.  Louis 
a  hotel-keeper  has  the  right  to  choose  as  to  his  guests,  to  say  who  or  who  shall  not  be  ad 
mitted.  I  am  catering  for  what  I  consider  the  most  profitable  trade.  If,  however,  the  mili 
tary  say  this  must  not  be  done,  I  shall  hereafter  make  no  distinction."  The  coirmiittee  can 
gee  what  would  be  the  condition  of  things  if  the  military  were  altogether  withdrawn.  The;>e 
people  are  determined  to  accomplish,  if  possible,  an  entire  separation  of  interest  of  the  two 
sections.  They  cannot  divide  the  territory;  they  have  failed  in  that,  but  they  are  deter 
mined  to  divide  the  people,  socially,  politically,  commercially,  and,  if  they  had  any  standing 
in  morals  on  earth,  morally  also. 

Question.  Do  they  associate  witk  their  negro  population  ? 

Answer.  The  same  as  they  always  did,  I  take  it,  only  that  I  found  very  great  bitterness 
among  them,  especially  the  private  soldiers  of  the  rebel  army.  They  came  home  out  of 
employment ;  a  great  many  of  them  are  carousing,  and,  in  some  districts  of  the  country 


56  RECONSTRUCTION. 

(I  have  to  tell  this  from  hearsay)  where  the  troops  are  being  withdrawn,  they  do  not  hesi 
tate  at  all  to  shoot  a  negro. 

Question.  That  you  hear  ? 

Answer.  That  I  hear,  and  I  have  it  from  several  gentlemen  from  the  Red  river  country 
above  Shreveport. 

Question.  Do  you  think  it  possible  they  would  allow,  in  any  portion  of  the  country,  men 
to  shoot  down  negroes  as  they  please  ? 

Answer.  I  thinK  it  is  only  allowed  in  the  border  portion  in  Texas,  and  in  the  poorest  part 
of  Louisiana;  they  would  in  that  country,  as  lam  told.  I  found  this  to  be  true  in  the 
south :  on  the  rich  alluvial  lands,  for  instance,  along  the  Mississippi  river,  there  is  a  much 
better  class  of  planters  than  you  will  find  on  'he  poorer  high  lands  back  where  the  soil  is 
cheap.  Mr  Parham,  an  old  Jawyer  and  citizen  of  Louisiana,  told  me  that  he  had  a  planta 
tion  on  tke  Mississippi  river  and  anotiier  back  in  the  country.  During  the  war  he  remained 
at  home  passive,  was  recognized  as  an  anti-war  man,  and  all  his  advice  was  against  radical 
measures  on  the  part  of  the  south,  and  he  managed  to  get  along  very  well ;  but  he  told  me 
that  now,  with  even  his  small  show  of  Union  sentiment,  he  would  not  be  allowed  to  go  back 
and  work  his  plantation  in  the  country  without  the  protection  of  federal  troops,  although  he 
was  born  and  raised  in  that  country.  He  said  he  would  be  frank  enough  to  say  to  me  that 
he  did  not  intend  to  put  in  a  crop  on  his  river  plantation,  because  he  did  not  wantto  live  in 
a  country  where  this  sort  of  feeling  existed  against  him,  although  he  might  be  personally 
safe  there ;  that  he  had  made  up  his  mind  to  sell  if  he  could,  and  go  to  Illinois  or  some 
State  where  he  could  live  in  quiet.  I  think  any  Louisiana  man  will  tell  you  that  he  is  about 
as  prominent  a  man  as  there  is  in  the  State. 

Question.  What  is  the  status  of  the  freedrnen  in  the  courts  of  Louisiana  at  the  present 
time,  as  far  as  your  knowledge  extends  ? 

Answer.  So  far,  the  military  have  not  given  up  jurisdiction  ;  but,  under  the  Freedmen's 
Bureau,  they  continue  to  take  cognizance  of  cases  where  the  negro  is  interested. 

Question.  Then  the  negro  gets  his  rights  through  the  military  courts  ? 

Answer.  Yes,  in  districts  where  there  happen  to  be  officers  of  the  bureau ;  otherwise  not ; 
but  the  bureau  cannot  remedy  the  difficulty  of  the  great  surplus  of  labor  in  the  south.  There 
are  vast  numbers  of  negroets  in  the  south  for  whom  there  is  no  employment,  owing  to  the 
fact  that  they  want  certainty  of  protection  in  the  future.  Very  few  northern  men  will  hazard 
the  losing  of  their  capital  by  going  there  now  to  work  plantations.  Some  who  are  there 
state  their  intention  to  remain  and  light  it  out;  but  the  majority,  rather  than  run  the  risk  of 
losing  the  capital  invested,  have  left  or  are  making  arrangements  to  leave.  With  a  great 
portion  of  southern  planters,  \vlio  had  the  reputation  of  being  severe,  it  is  almost  impossible 
to  g<et  a  negro  to  hire  to  them.  Then  there  are  a  great  many  others  who  will  not  hire  on 
principle — who  will  not  work  plantations.  There  are  other  southern  men  who  do  hire,  and 
who  are  working  their  plantations,  so  that  there  may  be,  as  1  said,  perhaps  seven  or  eight 
hundred  thousand  bales  of  cotton  raised  where  there  should  be  four  millions;  for  there  is  la 
bor  in  the  south  to  raise  four  million  bales  of  cotton.  You  will  see,  therefore,  that  there  is 
a  great  surplus  of  labor  in  the  south. 

Question.  How  far  do  the  laws  of  Louisiana,  as  you  have  known  them,  extend  protection 
to  freedinen  ? 

Answer.  The  present  legislature  was  in  session  when  I  was  there,  and  was  perfecting  a 
code  of  laws  which  was  not  then  complete.  It  was  based  upon  the  New  York  vagrant  laws. 
They  were  at  work  at  it,  but  it  was  very  doubtful  whether  it  would  pass  at  all,  as  it  had 
been  submitted  two  or  three  times  to  officers  of  the  Freedmen's  Bureau,  who  had  replied  that 
unless  it  was  modified  very  much  they  could  not  allow  it  to  go  into  operation.  Under  the 
late  code  of  Louisiana  free  negroes  were  allowed  to  testify  in  the,  courts,  and  that  is  one  ad 
vantage  the  negroes  of  Louisiana  have  over  those  iu  the  other  southern  States.  From  the 
organization  of  the  State  to  the  present  time  freedmen  have  been  allowed  to  testify  in  the 
co-urts  of  Louisiana. 

Question.  How  far  are  they  protected  in  their  rights  of  property  ? 

Answer.  The  old  laws  of  Louisiana  protect  colored  men  iu  their  rights  of  property.  I 
know  a  great  many  wealthy  colored  men  in  Louisiana. 

By  Mr.  WILLIAMS  : 

Question.  Did  you  discover,  or  have  you  the  means  of  knowing,  whether  the  negroes  in 
Louisiana  are,  or  are  not,  allowed  to  purchase  and  hold  real  estate  .' 

Answer.  The  people  there  are  very  averse  to  that — more  now  tlwu  before  the  war ;  they  are 
very  decided  on  that  point.  I  find  this  feeling:  I  think  the  colored  men  who  were  free  before 
the  war  could  get  along  pretty  well  in  the  cities,  where  there  is  more  enlightenment  and  courts 
are  of  a  higher  character  than  in  the  country ;  but  no  man  who  had  been  a  slave  could  have 
any  rights  at  all ;  I  am  positive  of  that, 

Question.  What  is  your  opinion  as  to  the  necessity  of  maintaining  in  Louisiana  a  military 
force  sufficient  to  preserve  jn-aco  mid  protect  the  rights  of  all  persons.' 

Answer.  I  am  very  clearly  of  the  opinion  that  it  is  a  positive  necessity  to  keep  a  sufficiently 
strong  military  force  with  power  ample,  on  the  part  of  commanders,  to  give  complete  protec 
tion  to  the  persons  and  property  of  all  settlers  who  may  come  mere — sufficient  to  afford  them 


FLORIDA — LOUISIANA — TEXAS.  57 

positive  assurance  that  they  may  reside  there  protected  and  encouraged  by  the  United  States 
government,  and  that  this  protection  should  be  extended  particularly  to  those  entertaining 
Union  sentiments,  or,  at  least,  to  that  class  first.  I  believe,  if  that  course  had  been  pursued, 
in  eighteen  months  from  the  time  of  the  surrender  of  the  rebel  armies  the  people  of  that 
State  would  have  been  all  in  peace  or  quiet,  or  nearly  so.  The  emigration  there  would, 
alone,  have  been  sufficient  to  accomplish  this.  I  suppose  there  were  never  more  than  about 
three  hundred  thousand  whites,  all  told,  in  the  State  of  Louisiana;  and  the  great  profit  to 
be  made  on  the  staples  of  that  State  was  such  as  to  have  induced  an  immense  immigration. 
Those  of  the  committee  who  have  been  familiar  with  the  growth  of  portions  of  the  west, 
"know  that  a  very  small  time  is  required  to  bring  one  hundred  thousand  people  into  a  State. 
1  believe  that  number  would  have  gone  to  Louisiana  last  fall  if  they  had  been  encouraged  by 
the  government  to  do  so ;  but  a  year  has  now  been  lost.  I  think  there  is  no  way  to  induce  a 
proper  condition  of  things  there  for  the  present,  except  to  keep  the  power  as  much  as  possible 
out  of  the  hands  of  these  violent  rebels  and  continue  it  in  the  hands  of  the  military.  They 
will  submit  perfectly  to  the  military  ;  that  is  the  experience  of  every  military  man  who  has 
been  in  the  State.  They  will  remain  quiet  and  peaceable  as  long  as  the  general  government 
is  in  power,  and  until  you.  give  them  the  power. 

By  Mr.  ROGERS: 

Question.  You  stated  in  your  evidence  that  the  people  of  the  south,  if  I  understood  you, 
now  have  an  intense  hatred  to  the  government  of  the  United  States.  Is  that  general,  or  only 
manifested  in  particular  instances  ? 

Answer.  I  think  among  the  real  southern  people  it  is  almost  universal. 

Question.  How  did  you  gather  your  information  in  regard  to  that  ? 

Answer.  By  association  with  them,  and  by  travelling  among  them,  and  by  talking  with 
those  with  whom  I  am  acquainted.  t 

Question.  Have  you  ever  heard  any  man  in  high  standing  at  the  south,  lately  or  since  the 
war,  say  anything  indicating  his  hostility  to  the  federal  government? 

Answer.  You  can  see  it,  or  I  did,  in  the  legislature  of  Louisiana  in  all  their  actions. 

Question.  I  refer  to  private  conversations  you  have  had. 

Answer.  I  remember  to  have  had  such  conversations. 

Question.  Wilh  whom? 

Answer.  I  recollect  one  with  a  gentleman  by  the  name  of  Newcombe,  of  Louisiana. 

Question.  Whereabouts  in  Louisiana  did  he  reside  ? 

Answer.  At  some  place  above  New  Orleans.  He  travelled  with  me  a  part  of  the  way 
through  Alabama. 

Question.  What  was  his  position  in  society? 

Answer.  He  was  a  merchant  before  the  war.  Since  the  rebellion  broke  out,  he  has  been 
in  the  rebel  army. 

Question.  What  was  his  rank  in  the  army? 

Answer.  I  will  not  be  sure  of  that;  I  heard  him  addressed  as  colonel,  and  I  think  he  held 
that  rank.  He  told  me  this  :  "Any  man  who  tells  you  that  our  people  clown  here  are  not  fully 
determined  on  repudiation  tells  you  what  is  not  the  public  sentiment.  I  know  they  are,  because 
I  have  ta.ked  with  the  people,  mixed  with  them,  and  because  I  feel  with  them.  We  hate  the 
government  of  the  United  States  intensely.  All  the  wrongs  we  have  suffered  have  been  in 
flicted  by  that  government  and  by  your  people." 

Question.  Are  you  stating  his  actual  language,  or  your  own  version  of  it  ? 

Answer.  His  language  as  near  as  I  can.  He  said,  "  We  have  simply  submitted  to  superior 
force,  and  we  hope  the  day  may  come  yet  when  our  little  government  will  be  vindicated." 

Question.  What  other  man  of  note  can  you  name? 

Answer.  I  gave  you  the  name  of  one  other  when  I  was  here  before. 

Question.  Can  you  name  any  other  man  of  high  standing  in  the  south  whom  you  have  heard 
express  such  opinions  ? 

Answer.  I  do  not  know  that  I  could  name  individuals  qf  prominence  with  whojn  I  have 
had  conversations  of  that  character.  I  could  name  a  good  many  Union  men  of  high  charac 
ter  who  tell  me  that  southern  people  are  determined  on  repudiation  of  the  national  debt.  A 
gentleman  told  me  that  Governor  Sharkey,  who  is  now  here  in  the  city,  had  expressed  the 
opinion  to  him  that  it  was  a  great  m'stake  in  government  organizing  State  governments  so 
hastily ;  that  he  found  the  people  much  more  bitter  than  he  expected,  and,  in  present  condi 
tion,  unfit  to  control. 

Question.  You  say  that  you  talked  with  General  Sheridan  and  other  military  commanders 
in  that  country,  and  that  they  all  expressed  the  opinion  that  in  the  event  of  a  foreign  war  the 
people  of  the  south  would  take  side  with  the  enemy.  State  what  other  military  commanders 
you  have  conversed  with  who  have  expressed  that  opinion. 

Answer.  I  talked  a  great  deal  with  General  Bayard,  one  of  the  commanders  in  our  army. 
I  conversed  with  General  T.  J.  Wood.s,  who  is  in  command  at  Mobile.  He  is  a  major  general 
in  command  of  that  department,  and  expressed  the  same  opinion,  as  did  all  the  officers  under 
him.  I  also  conversed  with  General  Terry,  and  with  General  Turner,  at  Richmond,  within 
the  last  week,  and  1  have  talked  with  General  Gregg  in  New  Orleans.  These  embrace  all 
the  military  commanders  of  three  or  four  States.  Don't  understand  me  to  say  that  they 
would  take  up  arms  against  us,  but  would  aid  in  any  other  way. 


58  RECONSTRUCTION. 

Question    Do  they  include  all  you  can  remember  whom  you  have  heard  speak  in  this  way  ? 
Answer.  All  the  prominent  generals.     I  could  mention  many  subordinate  officers,  all  oi 
whom  concur  in  the  opinion  I  have  expressed.     I  did  not  talk  with  General  Canby  QU  that 
subject,  but  I  understood  from  General  Bayard  that  General  Cauby's  opinions  were  the  same. 
Question.  How  long  have  you  been  in  the  south  since  the  war  ? 
Answer.  My  trip  extended  over  about  two  and  a  half  months. 
Question.  What  States  did  you  visit? 

Answer.  Louisiana,  Alabama,  Mississippi,  and  also  Virginia. 

Question.  You  speak  of  the  proscription  of  northern  men  there  by  southern  people  since  the- 
vrar;  do  you  know  of  any  instances  of  proscription  of  your  own  knowledge? 

Answer.  There  is  no  instance  where  a  man  has  been  actually  driven  out  by  force,  because 
they  still  have  some  protection,  but  every  Union  man  is  proscribed. 

Question.  I  ask  you  whether  you  know  of  your  own  knowledge  of  any  instance  where  any 
class  of  persons  or  any  official  authority  has  given  notice  to  any  northern  people  in  the  south 
that  they  must  leave  ? 

Answer.  There  has  been  no  action  upon  the  part  of  any  officials  that  I  know  of  in  the 
south. 

Question.  Are  not  these  letters  you  speak  of  anonymous  letters,  without  having  the  true 
names  of  persons  signed  to  them  ? 

Answer.  That  is  generally  true,  but  the  whole  tenor  and  condition  of  society  and  trade 
shows  the  condition  of  things  I  have  stated  to  be  true. 

Question.  Do  you  know  of  your  own  knowledge  that  southern  people  have  refused  to  trade 
with  people  because  they  were  northern  men  ? 
Answer.  Only  from  what  these  men  told  me. 
Question.  How  long  were  you  in  any  one  town  in  the  south? 
Answer.  I  think  the  longest  was  about  four  weeks  at  New  Orleans. 
Question.  Did  you  notice  anything  yourself  indicating  this  proscription  of  trade? 
Answer.  I  was  not  in  many  stores. 

Question.  Is  not  business  becoming  somewhat  stagnated  at  the  south? 
Answer.  Business  is  dropping  oil"  in  all  the  southern  States. 

Question.  Does  not  that  account  for  the  fact  that  northern  men  sell  fewer  goods  ? 
Answer.  It  would  if  southern  merchants  were  not  doing  more  than  they ;  but  that  is  the 
case.  I  recollect  a  gentleman  in  Mobile  who  has  had  a  large  saddlery  establishment  there 
since  the  war.  At  first  he  did  a  very  line  business,  because  he  had  the  only  goods  of  that 
description  to  be  found,  and  because  the  people  manifested  a  very  excellent  spirit ;  but  he 
told  me  that  as  southern  men  began  to  get  into  power,  and  southern  merchants  began  to  get 
their  stocks  of  goods,  people  were  told  as  they  came  in  "This  man  is  a  Yankee  ;  that  man  is  a 
Yankee;  you  must  not  trade  with  them."  The  result  is  that  their  trade  is  almost  entirely 
cut  off,  and  it  will  be  absolutely  in  a  very  short  time,  I  have  no  doubt. 

Question.  Do  you  think  it  is  an  evidence  of  hatred  on  the  part  of  southern  people  toward 
northern  men,  because  in  matters  of  trade  they  support  their  own  friends  and  neighbors  with 
whom  they  have  always  done  business,  in  preference  to  strangers  locating  there  ? 

Answer.  I  do,  when  taken  in  connexion  with  the  fact  that  thesPnorthern  people  are  allowed 
no  social  status  there  at  all. 

Question.  How  do  you  know  that  these  respectable  northern  merchants  and  business  men 
are  not  allowed  any  social  status  among  the  people  of  the  south  ? 

Answer.  I  associated  and  mixed  with  them  all  the  time  1  was  in  the  south,  and  I  have 
relatives  living  there. 

Question.  Please  name  how  they  are  deprived  of  association  in  the  social  circles  of  the 
south ;  what  distinction  is  there  made  ? 

Answer.  In  the  first  place,  in  the  southern  States,  northern  men  can  hardly  get  seats  in  the 
churches,  or  at  the  hotel  tables.  This  I  know  from  my  own  observation.  I  had  lady  friends 
boarding  at  hotels  in  New  Orleans,  and  whenever  they  were  in  the  parlors  of  the  hotel,  and 
southern  ladies  were  present,  remarks  would  be  made  by  the  southern  ladies  to  wound  their 
feelings,  if  not  directly  to  insult  them.  Friends  of  mine  in  New  Orleans  told  me  that  since 
the  rebellion  their  families  could  have  no  intercourse  whatever  with  southern  people,  and 
that  the  same  was  true  in  respect  to  southerners  holding  Union  sentiments.  For  instance, 
Mr.  Neville,  who  was  raised  there,  and  who  had  good  social  position  before  the  war,  told  me 
he  was  living  there  as  a  stranger ;  that  he  could  have  no  intercourse  with  the  southern  people. 
There  is  no  more  doubt  of  that  fact  than  that  I  sit  here. 
Question.  You  state  that  as  your  judgment? 

Answer.  I  do,  and  if  you  will  examine  anybody  who  has  been  in  that  country  he  will  tell 
you  the  same  condition  of  things. 

Question.  Is  this  feeling  you  speak  of  applied  to  northern  people  generally,  without  regard 
to  their  political  sentiments? 
Answer.  I  think  it  is. 

Question.  To  northern  people  universally  ? 

Answer.  I  think  it  is.  I  do  not  think  a  northern  man  who  went  down  there,  as  a  great 
many  do,  for  the  purpose  of  convincing  the  southern  people  that  he  had  always  been  their 
friend,  would  fare  any  better. 

Question.  When  they  talk  about  Yankees,  who  do  they  mean  ? 


FLORIDA — LOUISIANA— TEXAS .  5  9 

Answer.  All  men  from  the  north.  » 

Question.  Did  not  you  find  the  former  slave  population  lazy  and  indolent,  as  a  general 
thing? 

Answer.  I  do  not  think  that  is  true  as  a  rule:  a  great  many  of  them  are. 

Question.  Are  not  u  majority  of  them  so  ? 

Answer.  I  will  answer  that  in  this  way :  I  believe  a  very  large  majority,  perhaps  three- 
fourths  of  those  who  were  formerly  slaves,  would  go  to  work  for  the  sake  of  earning  something 
and  making  a  living,  if  they  could  be  employed  by  men  who  they  believe  would  treat  them 
fairly.  I  take  it  that  God  never  made  a  man  who  worked  simply  because  he  liked  to- work. 
All  northern  men  who  have  worked  negroes  in  the  south  concur  in  the  opinion  that  they  are 
most  excellent  laborers. 

Question.  Are  not  a,  large  majority  of  that  population,  whatever  may  be  the  cause,  in 
idleness  ? 

Answer.  It  is  barely  possible  that  a  majority  of  them  are  substantially  out  of  employment. 
Many  of  them  get  little  jobs  from  time  to  time,  enough  to  make  a  living,  but  I  think  that  on 
the  first  of  January  one-half  of  the  negroes,  perhaps,  were  without  permanent  employment; 
that  would  be  my  judgment,  since  which  time  many  have  found  employment. 

Question.  What  portion  of  these  men  are  supported  by  the  Freedmen's  Bureau? 

Answer.  I  only  know  that  from  hearsay.  I  should  not  think  it  amounted  to  five  per  cent., 
possibly  not  to  two  per  cent. 

Question.  You  mean  two  persons  out  of  a  hundred  ? 

Answer.  Yes. 

Question.  In  what  States  ? 

Answer.  In  the  States  of  Virginia  and  Louisiana,  and  a  part  of  Alabama.  I  have  seen  a 
published  statement  by  the  agents  of  the  bureau  that  there  were  more  poor  whites  than 
blacks  supported  by  the  bureau  ;  I  have  seen  that  published  in  the  form  of  an  official  report. 

Question.  What  class  of  persons  there  are  usually  employed  for  servants  about  hotels, 
stores,  and  other  places  of  business,  colored  or  white  ? 

Answer.  In  the  St.  Charles  hotel  they  are  white ;  in  the  majority  of  hotels,  stores,  &c. 
they  are  black. 

Question.  Who  are  employed  as' house  servants  generally? 

Answer.  Colored  Avomen  generally,  almost  universally.  There  are  a  great  many  blacks 
who  formerly  lived  in  the  country  now  congregated  in  town. 

By  Mr.  WASHBURNE  : 

Question.  You  have  testified  in  reference  to  a  large  number  of  freedmen  being  in  idleness; 
what,  in  your  judgment,  is  the  remedy  for  that  evil  ( 

Answer.  The  certain  assurance  of  protection  to  men  of  capital  who  Avill  work  the  planta 
tions  and  employ  these  men,  as  I  am  confident  nearly  all  are  Aviiliug  and  anxious  to  get  em 
ployment. 

Question^  Is  it  on  account  of  any  indisposition  to  Avork  that  they  are  idle,  or  on  account 
of  their  Avant  of  confidence  in  employers  / 

Answer.  I  think  in  many  cases  the  latter,  and  for  reason  that  employment  is  not  offered. 

Question.  Do  you  think  these  negroes  refuse  to  work  where  they  haVe  confidence  in  their 
Avhite  employers  ? 

Answer.  No  ;  I  have  given  you  instances  in.  the  former  part  of  my  testimony,  in  the  ex 
perience  of  people  to  the  contrary.  For  instance,  Wade  Hampton,  of  South  Carolina,  Avho 
has  been  a  very  rabid  man,  found  no  difficulty.  I  passed  hiui  on  his  Avay  from  South  Caro 
lina,  Avith  his  negroes  Avho  had  been  removed  during  the  war.  He  had  always  been  kind  to 
his  men,  and  they  remained  Avith  him  and  AA-ere  now  going  to  work  for  him.  He  had  made 
contracts  Avith  them  and  Avas  as  happy  as  a  lark.  He  said  to  a  friend  of  his,  AA'ho  told  me, 
that  if  all  southern  men  would  do  the  same  there  Avould  be  no  difficulty  in  getting  them  to 
work. 

Question.  Do  you  know  of  any  other  matter  or  thing  on  the  subject  about  which  you  have 
testified  of  interest  to  this  investigation? 

AnsAver.  I  believe  I  have  gone  pretty  much  over  the  ground. 


WASHINGTON,  Tuesday,  January  30,   1866. 
D.  E.  Haynes  sworn  and  cross-examined. 

By  Mr.  WILLIAMS  : 

Question.  State  your  age  and  residence. 

Answer.  I  am  forty-seven  years  of  age ;  my  residence,  if  I  have  one,  is  Eapides  parish, 
Louisiana  ;  I  lived  there  when  the  rebels  burned  me  out. 
Question.  State  how  long  you  have  resided  in  Louisiana. 

Answer.  I  came  there  an  expatriated  refugee  from  Texas,  in  May,  1863 ;  I  lived  in  that 
parish  before  I  Avent  to  Texas. 


60  RECONSTRUCTION. 

Question.  How  long  did  you  live  in  Texas  ? 

Answer.  About  three  years  and  a  half. 

Question.  Where  were  you  at  the  beginning  of  the  war  ? 

Answer.  I  was  in  Texas. 

Question.  How  long  since  you  left  Louisiana  ? 

Answer.  I  left  Louisiana  on  the  6th  of  December  direct  for  Washington ;  I  think  I  ar 
rived  here  on  the  15th. 

Question.  State  as  briefly  as  you  can  what  you  know  about  the  present  disposition  and 
temper  of  the  people  of  Louisiana  towards  the  federal  government? 

Answer.  I  was  acting  as  military  sheriff  of  Madison  parish  from  the  20th  of  August,  1864, 
till  the  last  of  July,  1865;  sent  there  by  Governor  Hahn,  or  rather  by  Governor  Wells,  act 
ing  as  governor.  At  the  close  of  the  war  and  cessation  of  hostilities  west  of  the  Missis 
sippi,  nearly  all  of  the  rebels  there  had  abandoned  that  parish  and  retreated  west.  As  they 
returned  I  conversed  with  some  of  ihem,  men  who  I  knew  had  been  in  the  rebel  army,  but 
who  now  returned  as  refugees,  and  had  taken  the  oath  of  allegiance  ;  I  found  them  hostile 
to  the  United  States  and  to  the  Union  army.  The  best  word  that  they  could  speak  for  a 
northern  man  was  to  call  him  a  d d  Yankee. 

Question.  How  do  their  feelings  at  present,  in  that  respect,  compare  with  those  they  man 
ifested  at  the  close  of  hostilities  ? 

Answer.  At  the  time  I  left  Alexandria,  about  the  8th  or  10th,  perhaps,  of  November,  their 
own  acts  towards  myself  would  be  an  index  of  their  feelings  on  that  subject.  Some  time 
before  that  they  beat  me  violently,  and  I  have  no  doubt  would  have  murdered  me,  but  for 
the  interference  of  friends.  During  the  war  I  received  a  gun-shot  wound  which  broke  my 
right  arm,  tho  bullet  lodging  in  my  breast,  and  since  the  injuries  at  Alexandria  my  right 
shoulder  has  become  entirely  disabled. 

Question.  State  what  was  the  occasion  of  the  treatment  which  you  received  at  Alexandria. 

Answer.  The  occasion  was  that  I  had  been  in  the  Union  army ;  they  could  not  assign  any 
other  reason  for  it. 

Question.  Do  you  know  what  their  treatment  has  been  of  other  men  who  have  been  Union 
men  or  were  in  the  Union  army  ? 

Answer.  The  same.  When  I  returned  to  Alexandria,  or  to  my  home,  thirty  miles  north 
west  of  Alexandria,  I  was  met  by  a  friend  of  mine,  a  Union  man,  who  told  me  that  an  old 
neighbor  of  mine,  then  returned  from  the  rebel  army,  had  informed  him  that  if  old  Captain 
Haynes  ever  returned  there  it  would  not  be  well  for  him.  I  stopped  at  night  with  an  o^d 
lady,  a  neighbor  of  mine.  I  was  convalescent  at  the  time  from  an  attack  of  typhoid  malaria. 
The  morning  following,  feeling  very  unwell,  about  10  o'clock  I  fell  asleep.  When  I  woke 
up  the  old  lady  told  me  that  two  men  came  to  the  fence  and  asked  her  if  old  Captain  Haynes 
was  staying  there.  She  replied  that  he  was,  and  they  told  her  that  if  she  harbored  Captain 
Haynes  she  should  share  the  same  fate  with  him.  They  mentioned  several  rebels  whom  I 
knew,  who  had  declared  that  1  could  not  stay  in  the  country,  and  others,  who  were  my 
friends,  told  me  it  would  be  dangerous  for  me  to  stay  in  that  country.  I  then  went  to  Alex 
andria,  and  while  there  endeavored  to  employ  a  lawyer,  whom  I  knew  to  be  a  good  Union 
man,  by  the  name  of  Barlow.  He  would  not  take  the  case ;  said  he  was  going  north  at  the 
time  court  was  to  be  held,  and  referred  rne  to  a  Captain  White,  whose  status  as  a  Union 
man  or  rebel  I  did  not  then  know.  Barlow  did  not  go  north,  and  I  found  that  the  reason 
why  he  would  not  take  the  case  was  that  he  would  lose  caste  in  that  community  by  allowing 
himself  to  be  employed  by  a  Union  man.  My  intention  was  to  prosecute  these  rebels,  two 
of  whom  had  shot  me,  and  others  had  committed  a  violent  assault  and  battery  upon  my  per 
son,  and  still  others  had  robbed  my  wife. 

Question.  State  the  details  of  the  assault  and  battery  of  which  you  speak. 

Answer.  I  had  gone  to  a  saloon  with  a  friend  of  mine  to  take  a  drink  of  whiskey,  and  as 
I  was  coming  out  I  was  set  upon  by  three  or  four :  one  of  them  struck  me  with  his  baud  on 
my  throat  and  knocked  me  off  my  licet.  Being  convalescent  from  sickness,  I  had  hardiy  the 
strength  of  a  three-years-old  boy,  and  I  have  no  doubt  they  would  have  killed  me  if  friends 
had  not  interfered. 

Question.  State  under  what  circumstances  you  were  shot. 

Answer.  During  the  war,  in  186:?,  having  been  captured  by  the  rebels,  I  escaped,  and 
while  on  my  way  Lome  was  halted  by  two  guerillas,  not  in  the  regular  confederate  service, 
and  not  obeying  their  orders,  I  was  shot  by  them  on  the  public  road. 

Question.  State  whether,  in  your  opinion,  it  is  now  safe  for  Union  men  in  Louisiana 
without  the  military  protection  of  the  government. 

Answer.  It  is  not  safe. 

Question.  What  reason  do  you  give  for  that  opinion? 

Answer.  I  give  the  treatment  which  I  received  myself,  and  the  language  which  I  heard 
expressed  by  many  southern  rebels  previous  to  my  leaving  Louisiana  about  the  d — d  Yan 
kees,  and  a  wish  to  kill  them  all  off  at  once.  In  regard  to  the  feelings  they  entertain  toward 
Union  men,  I  will  say  that  all  those  I  consulted  told  me  it  was  no  use  to  sue  for  damages ; 
that  no  Union  man  could  get  damages.  Captain  WThite,  who  was  himself  a  rebel  officer,  told 
me  he  would  not  undertake  my  case  under  any  circumstances.  I  asked  them  if  the  moral 
turpitude  of  the  secessionists  had  got  so  low  that  they  would  perjure  themselves  rather  than 


FLORIDA — LOUISIANA — TEXAS.  6 1 

do  justice  to  a  Union  man.  I  went  in  November  last,  by  direction  of  the  chief  quartermaster 
of  that  department,  seventy  miles  northwest  of  Alexandria,  and  talked  with  the  people  in  the 
country  through  which  I  travelled.  The  young  men  had  all  been  in  the  rebel  army.  They 
told  me  of  a  speech  which  had  been  made  a  short  time  previous  at  the  county  seat  of  that 
parish,  in  which  it  was  stated  that  their  policy  was  to  kill  all  the  colored  soldiers  as  soon  as 
they  were  discharged  from  the  Union  army  for  taking  up  arms  against  their  masters.  I  have 
heard  several  expressions  of  that  kind.  While  acting  as  military  postmaster  for  the  army 
opposite  Alexandria  I  had  occasion  to  go  to  every  boat  for  the  mails,  and  I  have  heard  rebels 
there  publicly  declaiming  their  hostility  to  the  United  States  on  board  the  boats,  while  Union 
officers  would  stand  by  and  not  interfere. 

Question.  Do  you  know  whether  the  returned  rebels  have  arms  or  not? 

Answer.  Yes;  I  saw  many  of  them  coming  back  after  Dick  Taylor's  surrender  with  their 
side-arms  and  ammunition.  They  never  surrendered  regularly  in  bodies.  There  was  merely 
a  written  surrender,  and  having  access  to  the  magazines,  they  took  out  all  the  powder  they 
wanted,  and  took  their  aims  home  with  them.  That  is  what  I  understood,  and  I  have  no 
doubt  about  it  at  all. 

Question.  What  course  do  you  thinlt  these  rebels  would  take,  if  the  military  protection 
was  withdrawn,  towards  the  colored  Union  soldiers? 

Answer  It  would  not  be  safe  for  them  at  all ;  they  would  have  to  be  colonized.  It  was 
not  even  safe  for  a  Union  white  man  to  express  himself  when  I  was  there.  I  would  not  go 
in  the  packet  running  between  Alexandria  and  the  falls  just  above,  at  the  time  the  legislature 
was  convened  by  Governor  Wells,  at  the  time  the  rebels  were  coming  down.  About  a  week 
before  that  a  quartermaster  had  paid  his  passage  up,  and  finding  that  threats  were  made 
against  his  life,  because  of  the  opinion  he  had  expressed  in  conversation  that  the  confederacy 
was  played  out,  he  forfeited  his  passage  money  rather  than  trust  himself  on  the  boat.  While 
on  the  way  down  from  Shreveport  there  was  a  rebel  officer,  a  lieutenant,  on  the  boat,  who, 

before  he  knew  I  had  been  connected  with  the  Union  army,  said  that  every  d d  fellow 

who  had  been  ought  to  be  killed.  I  was  very  cautious  about  having  it  known,  while  I  was 
on  the  boat,  that  I  had  been  in  the  Union  army. 

Question.  Were  you  there  when  any  election  took  place  ? 

Answer.  I  was  away  on  the  service  of  the  quartermaster's  department.  In  the  conversa 
tion  I  had  with  some  rebels  who  did  not  know  me,  they  expressed  their  choice  for  the  rebel 
Governor  Allen,  but  they  did  not  kn,ow  whether  the  President  would  pardon  him,  and  pre 
ferred  to  vote  for  Governor  Wells,  who  was  known  as  a  Union  man,  because  the  State  would 
be  more  likely  to  be  admitted  into  the  Union.  The  same  expressions  were  made  use  of  pub 
licly  in  New  Orleans. 

Question.  State  what  is  the  condition  of  the  State  government  of  Louisiana  now;  whether 
it  is  under  the  control  of  Union  men  and  Union  influence,  or  under  the  influence  of  rebels. 

Answer.  I  learned  after  I  came  to  New  Orleans,  on  inquiring  the  political  status  of  the 
legislature,  that  there  wras  one  Union  man,  and  all  the  rest  were  rebels.  I  know  it  was  the 
general  recommendation  for  a  man  to  get  office  that  he  belonged  to  some  organization  in  the 
rebel  army.  In  Alexandria  there  was  an  article  published  in  the  Democrat,  with  respect  to 
the  rebel  Governor  Allen,  showing  why  rebels  should  not  vote  for  him,  which  I  have  here. 

Question.  State  whether  or  not  the  patronage  or  favor  of  the  administration  of  Governor 
Wells  is  lor  or  against  the  rebels  ? 

Answer.  From  my  own  ^observation,  while  I  was  acting  as  sheriff  of  Madison  parish, 
rebels  were  appointed  to  ail  the  offices  in  that  parish.  The  man  who  was  appointed  over  me 
was  at  that  time  in  the  confederacy.  The  governor  was  born  and  raised  in  the  parish  of 
Rapides,  and  knew  almost  every  man  in  that  country.  He  appointed  as  sheriff  of  that 
parish  John  R.  Williams,  in  the  rebel  service  as  a  captain  of  cavalry  at  the  time  the  army 
surrendered.  He  was  a  man  of  a  great  deal  of  wealth  and  influence,  and  Governor  Wells 
knew  him  as  well  as  he  knew  his  own  brother.  He  appointed  as  constable  in  Rapides  parish 
a  man  by  the  name  of  G.  W.  Smith,  commonly  called  "Big  George  Smith,"  who  was  a 
lieutenant  of  guerillas,  and  with  the  company  which  killed  seven  men  there  in  September, 
1863.  On  the  2d  day  of  December,  according  to  Governor  Wells's  organ  in  New  Orleans, 
the  Southern  Star,  he  appointed  six  or  seven  captains  of  militia  for  Rapides  parish,  all  of 
whom  I  knew,  and  only  one  of  whom  was  a  Union  man.  One  of  them  was  a  fellow  by  the 
name  of  Jake  Gunter,  who  came  into  Alexandria  in  1864  and  joined  the  Louisiana  Scouts, 
under  Captain  Strother.  When  Alexandria  was  evacuated,  he  took  the  oath  of  allegiance  to 
the  confederacy,  and  was  with  the  party  which  captured  Dudley,  one  of  the  Louisiana  Scouts, 
and  killed  him  at  the  same  time  they  killed  Captain  Strother. 

Question.  Are  these  returned  rebels  there  taking  steps  towards  forming  military  organi 
zations  ? 

Answer.  Under  Governor  Wells's  proclamation,  declaring  the  civil  status  of  Louisiana, 
militia  organizations  were  authorized  to  be  formed;  but  from  what  I  found  out  previous  to 
my  coming  here,  and  from  what  I  have  seen  in  the  newspapers  since,  they  are  officered 
entirely  by  rebels. 

Question.  State  whether,  in  the  localities  where  these  appointmento  are  made,  there  were 
Union  men  who  could  have  been  appointed  had  Governor  Wells  been  so  disposed  ? 

Answer.  Yes,  to  my  knowledge,  for  I  lived  in  the  edge  of  Rapides  parish,  and  raised  a 


62  RECONSTRUCTION. 

company  of  Union  soldiers  there.  Governor  Wells  knew  these  Louisiana  Scouts,  and  could 
have  appointed  them  if  he  had  been  disposed.  While  I  was  in  Alexandria  or  Pineville,  under 
the  protection  of  the  federal  garrison  there,  I  conversed  with  three  or  four  of  these  scouts, 
and  I  know  that  not  one  of  them  was  appointed.  As  I  said,  one  of  these  men  appointed  was 
a  Union  man.  I  know  that,  for  he  gave  me  $100  in  gold  to  publish  my  correspondence,  and 
the  finger  of  scorn  is  pointed  at  him  there  for  being  a  Union  man  I  endeavored  to  obtain 
entrance  into  the  grand  jury  room  while  they  were  in  session  in  October,  ]865,  in  order  to 
give  evidence  against  parties  who  had  shot  me,  burned  my  house,  and  made  an  aggravated 
assault  and  battery  upon  me,  but  was  repeatedly  told  I  could  not  then  enter;  and  while 
standing  there  a  man  who  had  been  a  member  of  'the  rebel  legislature  at  Shreveport,  under 
Governor  Allen,  came  out  and  cursed  me,  calling  me  "a  d— -d  old  thief  and  robber:"  and 
others,  who  I  supposed  to  be  jurors  from  the  manner  in  which  they  went  into  the  room  with 
out  interruption,  repeated  the  same  language.  Threats  were  made  against  my  life,  and  I 
apprehended  that  I  should  be  assassinated.  I  went  across  the  river  to  Pineville  and  reported 
the  case  to  the  commander,  but  he  would  not  interfere. 

Question.  What  is  the  feeling  there  of  returned  rebels  as  to  the  free  blacks  ?  What  rights 
and  privileges  are  they  disposed  to  allow  them  ? 

Answer.  If  there  was  no  interference  from  a  superior  power  they  would  be  in  a  worse  con 
dition  than  they  were  when  in  a  state  of  slavery.  A  bill  was  passed  the  senate  of  that  State, 
I  think  on  the  5th  of  December,  which,  if  carried  into  execution,  would  place  the  negro  in  a 
much  worse  position  than  be'bre  he  obtained  his  freedom ;  and  ordinances  which,  if  passed 
police  juries  in  respect  to  police  regulations  in  the  different  parishes,  would  render  the  negro 
less  free  than  he  ever  had  been  before.  They  throw  upon  him  the  responsibility  of  support 
ing  himself,  and  at  the  same  time  oppress  him  worse  than  he  ever  has  been.  My  conviction 
is,  from  facts  which  have  come  into  my  possession  and  from  conversations  I  have  had,  that 
if  the  army  is  withdrawn  from  that  section  of  country  the  Union  men  will  have  to  abandon 
it  or  be  sacrificed  by  the  rebels. 

Question.  What  is  the  feeling  there  among  these  rebels  as  to  allowing  colored  people  to 
acquire  and  hold  lands,  and  also  as  to  schools? 

Answer.  One  universal  opinion  is  that  they  shall  not  be  allowed  to  acquire  or  hold  land. 
I  have  heard  that  expressed  from  the  first.  They  say  that  unless  negroes  work  for  them  they 
shall  not  work  at  all.  I  did  not  hear  any  expressions  as  to  the  education  of  the  blacks  ;  but 
from  its  connexion  with  their  general  conduct  in  other  respects  I  should  say  they  do  not 
•want  the  blacks  to  know  anything.  Their  great  policy  is  to  keep  the  negro  in  ignorance. 
I  believe  that  previous  to  the  rebellion  it  was  a  penitentiary  offence  there  to  teach  a  negro  to 
read  and  write. 

Question.  How  did  the  blacks  act  there  during  the  rebellion,  and  how  have  they  since,  as 
to  the  cause  of  the  Union  ? 

Answer.  During  the  war  I  was  captured  three  times,  and  while  escaping  and  being 
hunted  through  that  country  I  always  found  I  could  trust  the  blacks,  and  during  the  entire 
war  there  was  no  disturbance  made  or  crimes  committed  upon  the  part  of  the  negroes.  They 
exhibited  an  amount  of  forbearance  that  I  did  not  anticipate  at  all.  Even  while  the  Union 
armies  were  passing  through  they  seldom  committed  depredations  upon  the  whites.  I  have 
heard  since  of  some  marauders,  such  as  there  will  be  among  the  whites;  but  as  a  general 
thing  I  never  heard  of  any  act  of  barbarity  committed  against  their  old  masters  or  anybody. 
The  most  they  would  do  would  be  to  steal  a  horse  and  ride  t4  the  Yankees.  There  were 
three  regiments  of  colored  soldiers  at  Alexandria  while  I  stayed  there,  for  <wo  months,  and 
even  the  rebels  themselves  acknowledged  that  they  were  very  orderly ;  that  more  depreda 
tions  were  committed  by  the  whites  than  the  blacks. 

Question.  State  what  position  you  occupied  during  the  war,  and  how  long  you  were  in 
the  United  States  service. 

Answer.  I  was  captain  of  the  Louisiana  Scouts,  then  attached  to  the  2d  Louisiana 
cavalry.  We  enlisted  during  the  military  operations  in  Louisiana  and  Texas.  Through 
the  malice  of  Major  Williamson,  who  was  piqued  because  I  reported  a  remark  made  by  him 
that  he  did  not  care  a  d— n  who  beat,  the  north  or  the  south,  he,  with  another  officer,  pro 
cured  my  honorable  discharge  from  the  service,  as  being  too  old.  I  made  a  statement  of 
this  to  Secretary  Stanton,  and  he  ordered  the  whole  ba'ialion  to  be  disbanded.  My  actual 
service  after  I  obtained  my  commission  was  two  months  and  eight  days. 

Question.  Did  you  raise  a  company  ? 

Answer.  I  did,  and  mustered  into  service  one  hundred  and  eighteen  men,  rank  and  file. 

Question.  White  men  ? 

Answer.  Yes,  .sir,  white  Union  men,  and  these  men  have  now  comeback  as  refugees  into 
the  State  in  a  destitute  condition.  They  never  received  any  bounty.  Governor  Wells 
promised  them  three  hundred  dollars  bounty  ;  but  they  have  never  got  any. 


FLORIDA — LOUISIANA — TEXAS  63 

WASHINGTON,  January  30,  186&. 
Rev.  Joseph  E.  Roy  sworn  and  examined. 

By  Mr.  WASHBURNE  : 

Question.  Please  state  your  name,  residence  and  occupation. 

Answer.  Joseph  E.  Roy,  clergyman  ;    Jhicago,  Illinois. 

Question.  Have  you  recently  visited  the  States  lately  in  rebellion  ;  if  so,  what  States  have 
you  visited  ? 

Answer.  I  have  spent  the  last  three  months,  October,  November  and  December,  in  visiting 
the  south,  embracing:  Kentucky.  Tennessee,  Mississippi.  Louisiana,  Alabama,  Georgia,  South 
Carolina,  North  Carolina,  Virginia,  and  touching  at  Helena,  on  the  Arkansas  side. 

Question.  How  long  time  were  you  in  Louisiana? 

Answer.  Twelve  days  in  the  city  of  New  Orleans,  besides  my  passage  down  the  Missis 
sippi  river. 

Question.  At  what  time  were  you  in  the  city  of  New  Orleans  7 

Answer.  The  last  of  November.  * 

Question.  What  was  the  occasion  of  your  visiting  those  southern  States  in  rebellion? 

Answer.  I  am  agent  of  the  American  Home  Missionary  Society,  and  was  deputed  by  them 
as  special  representative  to  explore  the  south  in  the  interest  of  evangelical  religion,  and  espe 
cially  of  that  society,  with  a  view  to  planting  congregational  churches  where  they  should  -be 
wanted  among  the  loyal  people  there,  and  the  newcomers  from  the  north.  I  was  travelling 
with  that  m  mind,  but  was  all  the  while  looking  out  for  the  relations  politically,  so  that  I 
might  have  them  enter  into  the  prob'em  of  missions. 

Question.  What  was  the  condition  in  which  you  found  things,  so  far  as  regarded  the  poli- 
»  ticai  <ituation  of  affairs,  in  the  State  of  Louisiana  ?  Please  proceed  in  the  narrative  form  as 
succinctly  as  you  can,  confining  yourself  to  the  State,  of  Louisiana. 

Answer.  The  legislature  came  into  session  while  I  was  there.  I  dropped  in  several  times. 
I  found  them  adjourning  from  day  to  day,  not  for  lack  of  a  quorum,  but  because  a  large 
majority  or  the  country  members  were  remaining  behind.  I  found  them  delaying  to  bring 
up  a  resolution  introduced  by  Mr  Brown  ^to  drape  the  speakers  chair  with  the  colors  of  the 
United  Siates.  His  resolution  went  on  imS  table  for  several  days.  He  tried 'to  bring  it  up, 
but  could  not.  What  the  resul  was,  I  have  not  heard. 

I  was  knowing,  also,  to  the  fact  that  loyal  ladies  of  New  Orleans  sent  in  notice  to  the  legis 
lature  that  they  would  pay  for  and  furnish  them  with  a  beautiful  flag  of  our  country.  They 
accepted  the  offer,  but  when  they  found  that  they  were  colored  ladies,  they  declined  accept 
ing  it. 

To  show  the  spirit  of  the  men,  one  of  the  members  of  the  legislature  passed  around  the 
Lincoln  colored  school,  close  by  the  legislative  hall.  I  was  standing  there  with  Rev.  Mr. 
Alvord,  ot  Boston.  The  children  were  out  at  play.  The  member  came  around  and  said, 
"What  is  that  ?"  "A  school.'1  "  Is  it  a  nigger  school?"  "Yes,  sir."  ''Taught  by  females?" 
''Yes.  sir,  so  it  seems."  "  Well,"  said  lie,  '•  I  have  seen  the  end  of  all  absurdities."  He 
was  one  of  the  legisla^rs  of  thaf  State. 

While  I  was  there,  the  superintendent  of  education  under  the  bureau  for  the  State  told  me 
tha  four  schools  among  the  colored  people  had  been  broken  up  at  Franklin,  in  the  State,  by 
citizens,  when  the  troops  weie  withdrawn.  At  Terrebonne,  one  colored  school-house  had 
been  torn  down  and  another  burned  after  the  withdrawal  of  the  troops. 

On  the  steamer,  the  captain  of  the  vessel,  speaking  of  General  Butler,  who  had  been  in 
charge  of  that  department,  called  the  general  the  greatest  thief  in  the  world.  We  reminded 
him  i hat  the  government  might  be  obhged  to  send  him  back  there  to  straighten  them  up  if 
they  did  not  behave.  That  seemed  to  bring  him  to.  It  was  not  a  desirable  thing  to  be 
secured. 

The  legislature  did  not  get  into  working  order  before  I  left,  and  I  was  there  twelve  days ; 
so  that  I  know  nothing  of  their  official  action  on  what  I  have  spoken.  I  was  present  at  the 
session  of  tour  or  five  other  legislatures. 

Question.  What  seemed  to  be  the  general  spirit  of  the  people  of  New  Orleans  and  the  State 
of  Louisiana,  so  far  as  you  gathered  it  from  their  acts  and  conversation  ? 

Answer.  Well,  sir,  of  course  ihe  people  are  not  all  alike.  I  found  some  true  Union  men  of  the 
old  style — men  who  represent  the  Union  men  of  the  south,  as  I  found  them  generally — that  is, 
men  whose  love  of  country  caused  them  the  loss  of  patronage  and  of  soc;al  relations.  I  found 
such  men  there  that  I  could  name,  truly  loyal,  devoted  to  the  governmert,andvery  despondent. 
Mr.  B.  F.  Flanders,  supervising  agent  of  the  United  S  ates  treasury,  elected  last  year  to  the 
United  States  Senate,  with  whom  I  had  a  very  pleasant  acquaintance,  as  he  went  into  our  church 
society,  to.d  me  that  if  the  troops  were  withdrawn,  he  believed  the  Union  men  could  not  stay 
in  the  city  twenty-four  hours.  Mr.  Waples,  the  United  States  prosecuting  attorney,  also 
Mr.  Walton,  the  city  treasurer,  old  Union  men,  expressed  similar  views.  These  gentlemen 
and  the  old  Union  people  that  I  met  universally  seemed  to  have  a  despondent  view,  think 
ing  that  the  government  was  losing  what  it  had  gained  by  the  war.  At  first  I  thought  that 
their  judgment  was  warped ;  for  1  went  to  the  south  with  the  purpose  to  see,  if  possible,  the 
hopeful  side.  But  finding  the  old  Union  people  -unanimously  of  this  opinion,  I  was  coiv- 


64  RECONSTRUCTION. 

strained  to  believe  that  their  judgment  was  not  merely  the  effect  of  prejudice,  but  there  must 
be  some  force  in  it,  because  they  were  everywhere  of  that  opinion.  Wherever  we  met  such 
men  they  would  remark  that  if  this  course  goes  on  we  shall  go  under;  Union  men  will  be 
driven  out.  They  were  looking  hopefully  to  the  action  of  the  Executive  and  of  Congress  to 
protect  the  rights  of  Union  men.  That  was  one  class  of  men — the  Union  men. 

Other  men  whom  I  met  there  were  disposed  to  be  loyal;  to  submit  to  the  government 
because  they  must,  and  do  as  well  as  they  could,  still  retaining  the  spirit  apparently  of  the 
old  times  of  secession.  In  many  cases  there  was  a  bitterness  of  spirit,  an  unrelenting  spirit 
of  opposition  to  the  Union  men  that  were  coming  in  from  the  north,  and  especially  to  the  old 
Union  men  of  the  south.  They  have  a  greater  grudge  against  the  old  Union  men  than 
against  the  new-comers,  and  there  was  there,  as  almost  everywhere  I  went,  a  disposition  to 
ostracise  Union  men  socially  and  commercially,  and  to  show  favor  generally  to  the  men  who 
had  been  in  the  rebel  army,  and  men  whose  devotion  to  the  rebel  cause  had  been  unsus 
pected.  This  ostracism  the  Union  men  complained  of. 

Question.  What  was  the  idea  of  the  Union  men  as  regards  what  was  necessary  to  be  done 
by  Congress  and  the  President  in  this  state  of  things  ? 

Answer.  Their  idea  was  that  the  government  should  retain  the  troops  in  the  south  for  the  pro 
tection  of  the  loyal  men  there,  and  should  retain  and  re-empower  the  Freedrneu's  Bureau, 
feeling  that  if  the  troops  were  withdrawn,  the  northern  men  would  be  driven  out,  and  the 
negroes  would  be  greatly  persecuted. 

Question.  What  was  the  status  of  the  colored  people,  so  fa*  as  you  were  able  to  judge  from 
your  own  observation,  in  the  State  of  Louisiana  ?  How  were  they  regarded  and  treated  ? 
State  in  relation  to  their  employment  or  want  of  employment ;  the  refusal  of  the  people  to 
employ  them  at  fair  wages,  and  whether  they  were  willing  to  work  if  employed. 

Answer.  Of  course,  just  having  been  set  free,  they  were  disposed  in  some  measure  to  enjoy 
that  freedom  ;  to  go  to  the  cities  and  see  for  themselves  ;  to  leave  their  old  masters  for  a  time. 
But  I  found  them  ready  to  make  contracts  where  they  felt  sure  that  the  contractor  would 
keep  his  bargain.  Many  of  them  had  been  disappointed  in  the  contracts  they  had  made  with 
their  masters,  who  had  turned  them  off  at  the  end  of  the  year.  One  editor  (not  in  Louisiana, 
but  in  Eichmond)  told  me  he  thought  that  one-half  of  the  planters  had  broken  their  contracts 
with  the  negroes.  At  the  several  offices  of  the  Freedmen's  Bureau  I  learned  of  many  cases 
of  the  failure  of  the  planters  to  keep  "their  contracts'with  the  negroes  after  they  had  got  their 
cotton  in  the  bale,  often  turning  them  off  in  the  face  of  winter  with  their  families  to  support, 
and  with  nothing  to  support  them.  But  the  negroes  were  perfectly  willing  to  make  contracts 
with  men  who  had  been  kind  to  them — the  Yankees,  as  they  called  them — the  soldiers,  and 
gave  satisfaction  to  all  such  persons.  I  found  many  cases — I  could  mention  the  particulars — 
where  kind  planters,  northern  men,  had  employed  them  greatly  to  the  satisfaction  of  both 
employer  and  the  negro,  where  they  had  both  made  money  and  both  been  satisfied.  They 
are  disposed  to  labor  and  abide  by  their  contract  with  men  in  whom  they  can  confide.  But 
I  found  them  very  suspicious  of  their  old  masters — several  cases  of  that  kind.  The  negroes 
would  want  to  know  whether  a  northerner  who  had  rented  a  plantation  had  anything  to  do 
with  the  old  master ;  if  he  had,  they  would  not  work  for  him  ;  and  if  the  northerner  con 
trols  the  plantation,  then'  the  negroes  will  work  hard  and  work  satisfactorily,  being  giad  of 
the  opportunity  to  work  for  wages. 

A  great  many  cruelties  are  practiced  on  the  colored  people.  The  southern  people  seem  to 
have  transferred  their  spite  at  the  government  to  the  colored  people  who  have  not  injured 
them.  They  charge  the  negroes  with  being  exceedingly  ungrateful,  whereas,  in  my  judg 
ment,  the  white  people  are  exceedingly  ungrateful  towards  the  negroes  because  they  did  not 
rise  during  the  rebellion  and  massacre  their  defenceless  people  at  home.  But  in  many  cases 
southerners  testified  to  me  that  the  negroes  had  behaved  well  during  the  war.  They  re 
mained  at  home,  and  sustained  not  only  their  families  at  home,  but  raised  the  produce  for  the 
support  of  the  rebel  army. 

I  could  go  on  and  state  in  regard  to  cruelties  inflicted  upon  the  negro,  if  I  am  not 
confined  to  the  State  of  Louisiana. 

Question.  Go  on  and  state  generally. 

Answer.  At  Jackson,  Mississippi,  General  Chetlain,  a  federal  officer,  told  me  that  within 
forty  miles  of  that  city,  going  out  on  an  official  trip,  he  found  seven  negroes  killed.  He  was 
commander  of  that  department.  He  also  said  that  in  two  months  within  his  district  of  nine 
counties  there  had  been  an  average  of  one  black  man  killed  every  day. 

Colonel  Thomas,  assistant  commissioner  of  the  Freedrnau's  Bureau  for  the  State  of  Mis 
sissippi,  told  me  that  there  had  been  a  daily  average  of  t\vo  or  three  black  men  killed  in  that 
State  by  the  citizens. 

Dr.  Silverton,  a  inun  who  had  papers  from  federal  officers  testifying  to  his  good  character 
and  standing,  and  who  was  then  on  his  way  to  Savannah  on  some  business  for  the  govern 
ment,  said  that  he  saw  a  master  beat  his  old  servant  seventy  years  of  age,  who  had  made  a 
crop  for  him,  using  a  board,  and  causing  a  resonance  so  loud  as  to  be  heard  a  great  way  off. 

Chaplain  Buckley,  superintendent  of  education  under  the  bureau  in  the  State  of  Alabama, 
at  Montgomery,  told  me  that  his  brother  had  rented  a  plantation  and  went  out  to  hire  the 
negroes,  but  could  not  get  access  to  them.  The  planter  kept  constantly  in  his  presence. 
Ou  returning  his  servant  told  him  the  reason.  The  planter  had  just  knocked  down  and  left 


FLORIDA — LOUISIANA — TEXAS.  65 

one  of  the  servants,  who  remained  insensible  for  two  days.     The  planter  had  threat 
ened  to  shoot  any  negro  who  should  inform  Mr.  Buckley  of  that  fact. 

At  Mobile,  in  the  office  of  the  Freedmeu's  Bureau,  November  29,  Lieutenant  Colonel  Yer- 
rington,  assistant  superintendent  of  the  bureau,  showed  me  his  official  record  of  injuries  com* 
rnitted  upon  black  men  on  the  Sabbath  previous  in  that  vicinity. 

Dr,  Hall,  of  Mobile,  strack  Delia,  his  servant,  several  times  with  a  whip,  and  then  to 
screen  himself  complained  of  her  for  larceny  in  a  civil  court  and  had  her  imprisoned  thirty 
days  at  hard  labor. 

James  O'Neil,  at  Starts  landing,  near  Mobile,  crossing  the  bay,  cat  with  an  axe  the  head 
of  a  man,  Joe  Hanscrd,  colored,  in  the  presence  of  the  crew  and  passengers. 

James  Sweeney,  in  Mobile,  tried  to  cut  the  throat  of  John  Hazel,  colored.  Failing  in  this, 
he  cut  him  over  the  forehead,  and  stabbed  him  in  the  eye. 

Colonel  Marshall,  a  rebel  officer,  resident  of  Mobile,  owned  a  negro  woman.  She  called 
upon  his  wife  for  pay  for  three  days1  service.  He  charged  her  with  insulting  his  wife,  because 
she  said  that  Mrs.  Marshall  told  her  to  call  that  morning  and  get  her  pay.  She  did  so,  sup 
posing  she  was  not  wanted  longer  ;  Mrs.  Marshall  then  sard  she  wished  her  to  remain.  She 
told  her  she  did  not  suppose  she  wanted  her  longer  and  did  not  wish  to  remain.  For  that 
Colonel  Marshall  struck  her  on  the  side  of  the  head,  so  that  a  large  contusion  occurred.  She 
started  to  run ;  he  followed  her  and  struck  her  on  the  forehead,  so  that  a  large  swelling  was 
on  her  forehead  ;  he  kicked  her,  pursued  after  her  and  kicked  her  again.  He  was  brought 
up  before  the  Freedmen's  Bureau,  and  thence  sent  under  guard  to  a  justice  and  was  about  to 
be  bound  over  to  court.  He  offered  to  settle  it  by  paying  $50,  which  was  allowed. 

This  list  of  cruelties,  except  the  last,  occurred  on  one  Sabbath. 

Question.  You  say  that  Colonel  Marshall  compromised  it  with  the  bureau  ? 

Answer.  No,  sir;  with  the  civil  court.  They  turned  over  this  case,  as  was  the  rule  in 
Alabama,  to  the  civil  court ;  and  this  officer  compromised  with  him  by  letting  her  receive 
fifty  dollars  instead  of  having  him  bound  over  to  court. 

Mr.  McDonald,  of  Mobile,  shot,  with  a  shot-gun,  Henry  Bowlings,  colored.  Bowlings 
was  going  through  an  alley :  McDonald  scolded  him  for  it.  Bowlings  said,  "This  is  a  high 
way  ;"  whereupon  McDonald  shot  at  him. 

George  W.  Davis,  of  Mobile,  on  the  same  day,  tried  to  kill  the  boy  Starr,  colored,  with 
stones  and  bricks,  having  his  head  pounded,  as  Colonel  Yerrington  said,  to  a  jelly. 

Henry  Davis  beat  the  celored  boys,  S.  Gould,  N.  Gould,  and  Jesse  Rip  ley,  on  the  way  to 
church. 

Mr.  Sibley,  of  Mobile  county,  with  Stark  and  Watkins,  shot  and  killed  the  colored  man 
Bufford  and  another  negro,  and  wounded  Captain  Puffer,  colored — (he  had  got  the  soubriquet 
captain;  whether  it  was  real  or  not  I  do  not  know) — because  they  said  that  they  would  not 
submit  to  be  tied  up. 

Colonel  Yerrington  also  told  me  that 'there  had  been  thirty-eight  murders  of  black  men  in 
that  bureau  district,  of  six  counties,  in  three  months. 

He  also  told  me,  Colonel  Robinson,  superintendent,  himselt  confirming,  that  a  squad  ot 
negroes  had  come  to  the  river,  in  Choctaw  county,  to  find  the  federal  forces.  Bill  Odana 
came  up.  As  they  saw  him  come  up,  they  «,!!  fled  to  the  woods  except  a  woman  and  her 
children.  As  he  came  up  to  her,  he  said,  "Where  are  you  .going?  Down  the  river,  ain't 
you?"  "Yes,  sir,"  she  replied.  "I  will  show  you  the  way  through  helL,"  said  he.  So  he 
drew  his  bowie-knife  and  cut  her  throat ;  also  the  throat  of  her  boy,  nine  years  old ;  also  the 
throat  of  her  girl,  seven  years  of  age ;  threw  their  bodies  into  the  river,  and  the  live  baby 
after  them. 

Question,  Where  did  you  get  this  information  ? 

Answer.  Colonel  Yerrington,  assistant  superintendent  of  the  bureau,  showed  it  to  me  on 
the  official  record. 

Question.  Was  it  derived  from  an  official  investigation,  or  mere  hearsay  ? 

Answer.  I  cannot  say  that  there  had  been  an  official  investigation ;  I  do  not  know ;  there 
might  have  been ;  he  just  gave  it  to  me  as  an  officer. 

Question.  Did  he  have  these  facts  recorded  as  you  have  stated  them,  or  did  he  just  detail 
them  to  you  in  conversation  ? 

Answer.  Most  of  them  were  recorded,  as  I  took  them  from  his  record  ;  some  were  detailed 
in  conversation,  but  I  have  no  doubt  he  had  record  of  all  of  them. 

Question.  Did  he  believe  the  facts  to  be  as  stated  by  you  ? 

Answer.  He  did,  most  positively. 

Question.  Was  he  in  a  situation  to  ascertain  them  ? 

Answer.  I  judged  that  he  was,  because  he  was  in  the  way  of  receiving  reports  from  the 
sub-officials  all  over  the  district,  and  he  desired  me  to  make  the  facts  known. 

Question.  Did  you  hear  anything  in  relation  to  negroes  being  kidnapped  along  the  coast  ? 

Answer.  I  did  not ;  only  in  the  papers.  In  this  connexion  I  would  mention  one  or  two 
other  things  furnished  to  me  by  the  same  authority, 

On  the  Tombigbee  river,  a  woman  and  her  children  were  nailed  into  a  hen-coop  and 
thrown  into  the  river. 

At  Clayburn,  on  the  Alabama  river,  six  or  seven  negroes  had  been  killed  at  different  times. 
He  also  told  me— and  it  was  confirmed  to  me  by  Captain  W.  A.  Poillon,  superintendent  of 
a  sub-district — that  three  negroes  were  lodging  in  a  corn-crib.     Planter  Dudley  came  up  in 
5  F  L  T 


66  RECONSTRUCTION. 

the  early  dawn  ;  and,  as  the  boys  fled,  he  shot  one,  and  then  another.  A  second  planter  sbtft 
at  the  third  man,  but  did  not  hit  him.  That  third  negro  testified  before  this  officer,  Captain 
Poillon,  that  planter  Dudley  shot  the  two*  negroes.  The  case  was  then  referred  to  the  civil 
court— to  the  justice  of  the  peace— and  they  were  cleared.  The  military  authorities  were  at 
that  time  searching  to  recapture  them. 

Four  miles  from  Claiborne,  Alabama,  a  father  and  mother,  a  girl  of  seventeen,  a  boy,  and 
a  baby,  the  child  of  the  murderer,  were  all  killed  by  Mr.  Sallie,  who  was  a  fanner,  as  he  was 
taking  them  back  from  their  effort  to  escape  to  the  Yankees.  Four  companies  of  colored 
troops  had  been  stationed  at  Bladen's  springs.  Having  been  abused  by  white  citizens,  the 
citizens  promised  to  do  better  if  the  troops  should  be  removed.  The  troops  were  removed. 
Lieutenant  Slick,  who  had  been  in  charge  of  the  troops,  was  left  behind,  sick  ;  a  meeting  of 
the  citizens  was  held,  who  sent  word  to  Lieutenant  Slick  that  he  must  leave  within  five  days. 
He  did  so.  At  the  same  meeting  it  was  resolved  that  all  white  and  black  persons  who  had 
befriended  colored  troops  should  leave  within  five  days.  Fire  white  families  did  leave,  and 
many  blacks.  The  same  day  two  negroes  were  murdered  by  white  men  in  that  neighbor 
hood.  At  Atlanta,  jn  the  three  days  previous  to  my  passing  through,  six  black  men  and  two 
white  men  had  been  killed;  the  citizens  having  requested  the  removal  of  the  military  patrol 
during  these  days. 

Officers  of  the  bureau  gave  me  this  information.  Two  citizens  of  Atlanta  took  out  a 
negro,  giving  him  three  hundred  lashes.  The  bureau  fined  each  man  one  hundred  dollars. 
Seventeen  miles  out  from  Atlanta  some  planters  were  claiming  their  negroes  as  slaves  and 
defying  the  bureau ;  shot  the  negroes  as  they  went  away.  One  man  coming  from  th-e 
neighborhood  was  shot  through  the  lungs. 

General  Tillson,  assistant  commissioner  for  the  bureau  in  Georgia,  told  me  lie  was  after 
twenty  men  who  had  turned  off. their  negroes  without  paying  them,  after  a  summer's  work. 


THE   MILITIA. 


General  Tillson  said  that  ia  northern  Alabama  the  milhia  were  driving  ont  the  negroes. 
At  Skipworth  landing,  on  the  Mississippi  river,  Colonel  Bissell,  furnishing  wood  for  govern 
ment  boats,  said  that  the  militia  in  that  neighborhood  had  been  worrying  the  negroes  very 
much ;  taking  from  them  the  cotton  raised  during  the  war. 

FEELING   OF   THE   WHITES   TOWARDS  THE  NEGROES. 

Here  are  some  facts.  The  engineer  of  our  train,  in  North  Carolina,  said,  in  my  hearing, 
to  a  friend,  "When  our  State  gets  into  the  Union  again  some  of  these  negroes  will  get 
shot."  A  passenger  on  the  cars,  a  planter,  said  in  my  hearing,  "If  the  negroes  were  left 
to  me  I  would  send  them  all  down  to  hell."  Another  passenger,  a  Mr.  Williams,  of 
Savannah,  who  had  owned  ninety  slaves,  said  in  my  presence,  "I  would  give  my  las-t 
dollar  to  put  them  out  of  the  way,"  with  a  spirit  indicating  a  bad  purpose.  A  doctor, 
from  Texas,  who  had  owned  three  hundred  and  fifty  slaves,  was  on  the  cars  when  a  friend 
came  on  board.  The  doctor  says,  "What  news?"  Friend  replies,  "One  or  two  negroes 
have  been  shot."  "That  is  right,"  said  the  doctor,  with  a  spirit  of  approbation.  I 
heard  very  many  persons  remark,  with  great  satisfaction,  that  the  negroes  would  become 
extinct  in  a  few  years.  Another  passenger,  boasting  that  he  had  watched  nights  with 
his  slaves,  would  not  now  lie  awake  three  minutes  for  any  of  them.  Many  masters 
are  not  confided  in  by  the  negroes,  because,  although  they  feed  and  clothe  them  well, 
are  unkind  in  their  treatment;  for  instance,  the  postmaster  at  Charleston,  Mr  Trott,  told 
me  of  a  large  planter  in  that  State  who  claimed  to  be  kind  to  his  negroes,  and  yet  they 
left  him.  Another  planter  replied,  " The  reason  is,  when  you  owned  them  it  was  'do  this, 
you  damned  nigger;'  'do  this,  you  skillet  head.'  "  General  Abbott  told  me  that  he  sent  out 
thirty  negroes  to  work  for  a  planter,  but  they  soon  left ;  he  then  sent  another  squad,  but  they 
left,  and  yet  the  planter  was  said  to  be  a  kind  master.  The  general  then  went  himself,  and 
found  an  ex-rebel  soldier,  an  old  officer,  acting  as  overseer  to  these  negroes,  and  heard  him 
command  a  negro,  "Do  this,  or  I  will  smash  your  head."  The  Reverend  and  Captain 
Horace  James,  late  superintendent  of  freedmen  at  Newbern,  told  me  that,  having  rented  a 
plantation,  he  oft'ered  to  hire  the  negroes  on  it ;  but  finding  them  hesitating,  he  inquired  the 
reason;  they  said,  "they  feared  the  old  master  was  to  have  something  to  do  with  the  planta 
tion."  As  soon  as  he  told  them  that  he  alone  was  to  control  the  plantation,  they  were  per 
fectly  willing,  and  glud  to  make  contracts  with  him.  Indeed,  I  found  the  negroes  willing, 
everywhere  to  make  contracts  with  northern  men,  Union  soldiers  and  planters  who  had 
treated  them  kindly.  At  Mobile,  three  African  churches — two  Methodist  and  one  Presby 
terian — had  been  burned  just  before  I  passed  through. 

THREATS  AGAINST   UNION  MEN. 

David  Turpie,  17  miles  back  of  Helena,  a  quiet  man,  being  a  loyalist,  left  during  the  war, 
having  just  come  back  to  his  farm.  Six  of  his  neighbors  agreed  among  themselves  to  ki?l 
him  if  he  did  not  leave.  A  female  friend  informed  him  of  this,  and  he  did  leave.  The  post 
master,  Chester,  at  Helena,  told  me  this  fact.  He  knew  the  man,  and  had  just  seen  him  that 
day,  and  testified  to  his  inoffensive  spirit.  In  several  other  cases  I  heard  the  southern  people 
threatening  that,  when  the  Yankee  troops  were  gone,  they  would  clean  out  these  northern  men. 


FLORIDA  —LOUISIANA — TEXAS.  6  7 


INTERFERING  WITH  SCHOOLS, 

Rev.  Mr.  Litts,  at  Natchez,  superintendent  of  freedmen's  schools,  told  me  that  he  had  just 
taken  two  lady  teachers  into  the  country  to  start  them  in  schools,  and  that  they  were  both 
driven  back  by  the  citizens.  G.  G.  Adam,  esq.,  at  Vicksburg,  said  that  Mrs.  Ringler,  who 
was  teaching  a  colored  school  in  the  African  church  at  Jackson,  Mississippi,  had  been  warned 
by  the  white  trustees,  and  advised  by  Governor  Sharkey,  to  give  up  her  school.  At  last  she 
was  driven  out  by  a  civtt  warrant.  A  doctor  at  Mobile,  who  had  just  been  pardoned,  was 
trying  to  oust  the  freedmen's  schools  from  the  medical  college.  As  General  O.  0.  Howard 
came  along,  calling  upon  the  doctor,  he  was  abusively  treated,  the  doctor  saying  that  he  had 
no  business  there.  Captain  Pease,  superintendent  of  education  for  the  bureau  in  Louisiana, 
told  me  that  four  colored  schools  in  Franklin  had  been  broken  up  after  the  withdrawal  of  the 
military  forces.  Also  at  Terrebonne  one  school-house  for  colored  children  was  burnt,  and 
another  one  torn  down  after  the  troops  had  been  withdrawn. 

FUTURE  RESISTANCE. 

The  Rev.  Mr.  Rutherford,  of  Vicksburg,  said  to  us,  "We  submit  now  because  we  can't 
help  it,  but  we  hold  our  principles  in  abeyance  and  watch  for  our  chance."  Judge  Lumpkin,  of 
Georgia,  told  my  informant,  the  Rev.  Mr.  Gwoodell,  of  New  Britain,  Connecticut,  that  by 
and  by  they  meant  to  join  the  west  and  leave  New  England  out  in  the  cold.  Colonel  Seibles, 
a  lawyer  of  South  Carolina,  who  had  been  with  General  Lee  four  years,  told  me  that  they  still 
looked  to  the  west  for  a  Union  against  New  England ;  that  they  had  been  disappointed  in  the 
conduct  of  the  northwest ;  that  he  did  not  believe  in  a  republican  government.  Governor 
Brownlow  told  us  that  the  rebels  intended  to  get  a  peaceable  separation  now,  leaving  New 
England  out, 

LOYALTY  OF  THE  PEOPLE. 

Besides  the  original  loyal  men  at  the  south  and  northerners,  there  are  some  who  not  only 
submit  to  the  government,  but  try  to  have  the  spirit  of  loyalty  ;  but  in  the  mass  of  the  people, 
as  I  met  them,  there  was  scarcely  any  national  spirit — a  lip  loyalty,  but  not  one  of  the  heart. 
Their  purpose  is,  as  it  seemed  to  me,  as  they  can  no  longer  constrain  labor  by  the  lash,  to 
compel  it  by  legislation  to  make  the  negroes  servants  of  society  instead  of  servants  of  individ 
uals.  They  desire  the  removal  of  the  troops  and  of  the  bureau,  so  that  they  may  enact  such 
legislation  as  will  furnish  an  equivalent  for  the  late  system.  A  Methodist  minister  at  Mont 
gomery,  who  had  been  a  member  of  the  secession  convention,  and  there  made  a  speech  for 
•which  he  was  complimented,  told  the  Rev.  Mr.  Goodell  that  he  had  just  re-examined  the 
whole  subject  of  slavery,  having  read  the  principal  works  on  both  sides,  and  had  decided  that 
slavery  was  right ;  that  the  death  of  the  confederacy  was  as  a  trial  of  their  faith,  not  as  a  con 
demnation  of  slavery,  which,  in  his  judgment,  was  to  remain  the  same  in  spirit,  though  not 
in  fonn,  with  some  advantages,  viz :  that  they  would  not  now  be  obliged  to  care  tor  the 
children,  the  aged,  and  decrepit ;  and  alluding  to  the  amendment  of  the  Constitution  that 
slavery  should  not  prevail,  except  for  crime,  he  said  "We  must  now  make  a  code  that 
will  subject  many  crimes  to  the  penalty  of  involuntary  servitude,  and  so  reduce  the  negroes 
tinder  such  penalty  again  to  practical  slavery."  Mr.  B.  F.  Flanders,  treasury  agent  at  New 
Orleans,  told  me  that  the  night  before  at  the  Varieties  theatre  the  "  Bonnie  B'ue  Flag,"  when 
sung,  was  cheered ;  the  Star  Spangled  Banner,  when  sung,  was  hissed.  Dixie  was  then 
sung  and  again  cheered,  and  this  in  the  presence  of  General  Hurlburt.  Also  that,  at  another 
theatre,  General  Sheridan  being  present,  a  man  below  spoke,  and  said  he  wished  he  could  get 
hold  of  the  general  and  put  him  out  of  the  way.  I  was  at  Augusta  on  the  day  when  General 
Grant  passed  through  on  his  recent  tour  of  inspection.  In  the  forenoon  he  had  scarcely  any 
calls  from  the  citizens.  In  the  afternoon,  riding  through  the  streets,  something  of  notice  hav 
ing  been  given,  the  negroes  were  enthusiastic  along  his  way,  but  citizens  showed  little  or  no 
attention.  Alighting  from  his  carnage,  as  I  was  informed  by  a  federal  officer,  a  general,  hw 
aid  remarked  to  him,  "General,  there  is  some  loyalty  in  Augusta."  "Yes,"  was  his  reply, 
appreciating  the  loyalty  of  the  colored  people,  "among  our  smoked  Yankee  friends."  Rev. 
Dr.  Wilson,  of  Augusta,  told  me  that  he  found  it  hard  to  get  his  people  to  submit.  At  the 
national  thanksgiving  in  his  large  church,  where  I  was  present,  there  were  only  fifty-three 
persons,  several  of  these  being  soldiers  and  northern  men,  and  this  the  only  public  service 
among  the  white  people  on  that  day. 

SPIRIT  OF  THE  PEOPLE. 

Reverend  Doctor  Ross,  in  the  confederate  Presbyterian  assembly,  said :  "One  great  anxiety 
I  feel  at  the  present  time  is,  that  I  hear  so  many  in  the  church  sav,  we  do  not  submit  to  this 
dispensation  of  Providence;  others  say,  we  submit  only  becaus>e*it  is  of  God  and  right;  we 
cannot  help  it;  that,  sir,  is  no  submission." 

At  Savannah,  a  photographer  told  me  that  elite  ladies,  looking  over  his  pictures,  and  buy 
ng  pictures  of  Booth  and  his  accomplices,  would  frequently  express  their  gladness  at  the 
death  of  Mr.  Lincoln,  wishing  that  all  Yankees  might  thus  be  swept  away. 


68  RECONSTRUCTION. 

Doctor  Presley,  a  member  of  the  South  Carolina  legislature,  told  me  that  he  thought  it  provi 
dential  that  President  Lincoln  was  taken  away;  ho  would  have  been  so  severe  upon  the 
south.  At  Jackson,  Mississippi,  while  I  was  there,  General  Howard  being  present  on  his 
tour  of  inspection,  and  the  legislature  being  in  session,  Governors  Shark ey  and  Humphreys 
called  upon  him  and  expressed  desire  that  he  should  make  an  address  to  the  legislature. 
Being  there  as  a  representative  of  the  President  arid  government,  he  was  quite  willing  to  do 

T A      •/*      T i_^A J  „  J      _1*      _l_i.         Al 1 •       1_i._  J-      _  1~      —.  ~-,J       ~_  ~C      i.1 


vent  negroes  from  squatting  on  any  lands  if  they  were  not  employed  ;  and  a  member  of  th*> 
legislature  said  to  us  when  we  inquired  the  object  of  it :  "We  mean  to  keep  them  down: 
we  do  not  mean  to  allow  them  to  get  up."  And  the  spirit  of  the  six  legislatures  which  I 
visited  seemed  to  be  that  of  oppression  towards  the  negro. 

FREEDMEN'S  BUREAU. 

My  business  led  me  into  acquaintance  -with  the  assistant  commissioners  and  the  superintend 
ents  of  the  bureau,  to  the  number  of  twenty-five  at  least,  in  the  several  States  which  I 
visited.  I  was  greatly  pleased  with  the  character  and  ability  of  the  men — men  who  seemed 
intent  on  doing  justice  to  the  blacks  and  to  the  whites.  The  necessity  of  the  bureau  for  the 
protection  of  the  blacks,  and  indeed  of  the  whites,  is  to  me  beyond  question.  I  found  the 
commissioners  and  other  superintendents  everywhere  seeking  to  promote  the  physical  comfort 
of  the  negroes,  and  to  secure  their  protection  from  violence,  to  encourage  their  elevation  by 
education,  to  inspire  them  with  ambition,  and  to  lead  them  to  industry.  The  negroes  every 
where  look  to  it  with  confidence,  and  expressed  many  times  fear  that  it  would  be  removed ; 
all  loyal  citizens  share  in  the  same  conviction;  many  citizens,  who  were  not  distinguished 
for  their  loyalty,  also  said  that  the  bureau  was  a  necessity  for  the  protection  of  white  people. 
General  Fisk,  superintendent  commissioner  for  Kentucky  and  Tennessee,  told  me  on  Satur 
day  last  that  in  Kentucky,  while  Senator  Davis  was  berating  the  bureau  as  a  nuisance,  he 
was  receiving  information  from  the  neighborhood  of  the  senator  to  this  eft'ect,  that  a  black 
soldier,  a  neighbor  of  tbe  senator,  who  had  been  just  mustered  out  of  the  service  in  Texas, 
had  returned  to  get  his  wife  and  child.  Appealing  for  them,  the  master  set  upon  him  and 
beat  him  most  cruelly,  pummelling  his  head.  The  general  saw  the  soldier.  And  also  that 
ex-Governor  Helm,  of  the  Kentucky  legislature,  had  said  to  him:  "You  will  not  need  an 
agent  in  my  district;  everything  is  all  right  and  quiet  there;"  but  while  he  was  preseut  at 
Frankfort  the  general  and  the  ex-governor  both  received  information  that  one  of  his  neigh 
bors  had  been  burned  out  because  he  employed  negroes. 

CAPABILITIES  AND  CONDUCT  OF  THE  NEGROES. 

I  found  them  more  intelligent  than  I  had  expected  to  find  them ;  indeed,  capable,  in  my 
judgment,  of  exercising  the  elective  franchise.  Since  the  holidays  they  have  been  very  ready 
to  enter  into  contracts  and  to  go  to  work  with  men  who  will  treat  them  kindly  and  justly.  I 
made  many  inquiries  as  to  the  prospect  of  insurrection  among  the  negroes.  They  always 
denied  it,  and  said  they  knew  nothing  of  any  such  thought  or  plan.  They  even  laughed  at  the 
idea.  I  found  them  almost  universally  exercising  a  charitable  spirit  towards  their  former 
masters ;  scarcely  ever  a  menacing  or  vindictive  spirit,  but  willing  to  forgive  and  forget  the 
past,  if  now  they  could  only  hare  justice  and  kindness.  I  found  them  everywhere  aspiring 
for  education  and  the  possession  of  land ;  proud  that  they  were  American  citizens,  and  proud 
of  the  heroism  of  the  black  soldiers.  In  my  judgment  it  would  be  extremely  disastrous  to 
the  welfare  of  the  country,  of  the  citizens,  black  and  white,  to  withdraw  the  troops  from  the 
south.  The  northerners  and  Union  men  would  bo  driven  out,  the  negroes  would  be  per 
secuted  and  killed.  Moreover,  if  the  troops  were  withdrawn  this  would  prevent  emigration 
to  the  south,  which  is  the  great  need  of  that  country.  Many  people  desire  to  go  there  if  they 
can  be  protected  in  person  and  property,  but  will  not  go  if  the  troops  are  withdrawn.  This 
I  found  to  be  the  sentiment  of  all  the  Union  men  and  of  the  negroes.  It  is  also  my  judg 
ment  that  the  bureau  ought  to  be  continued  and  re-empowered  for  the  work  to  which  it  has 
been  assigned.  It  is  also  my  conviction  that  the  southern  people  ought  still  to  be  kept  on 
probation,  deprived  of  the  society  of  the  federal  family,  until  they  shall  show  a  better  spirit. 
They  will  have  more  of  respect  for  the  government  if  a  firm  discipline  is  administered, 
even  by  judicious  military  control,  than  if  treated  with  inconsiderate  leniency.  The  mass 
of  the  people  do  not  seem  to  appreciate  or  even  to  comprehend  the  clemency  of  the  govern 
ment.  They  should  be  taught  respect  for  the  civil  authority  of  the  government  as  well  as 
for  its  military  power. 

THE  FEELING  OF  THE  PEOPLE  AT  THE  PRESENT  TIME  COMPARED  WITH  THAT  AT 
THE  COLLAPSE  OF  THE  REBELLION. 

I  was  told  by  citizens  and  by  travellers  who  went  through  the  south  immediately  after  the 
collapse  that  then  the  people  were  awe-struck,  feeling  that  they  had  forfeited  all  their  rights, 
and  were  ready  to  submit  to  almost  anything  that  could  be  prescribed  by  a  wise  govern- 


.  FLORIDA  —  LOUISIANA  -  TEXAS.  69 

meut,  even  soliciting  the  good  offices  of  known  Union  men,  hoping  thereby  to  secure  favor, 
and  inquiring  earnestly  of  northerners  happening  there  what  the  government  intended 
to  do  with  them,  apparently  submissive  to  the  government.  But  now  nearly  all  that  is  gone. 
Instead  of  willingness  to  accept  prescribed  conditions,  many  claim  their  constitutional  rights, 
and  are  imperious  for  their  original  position  in  the  government,  the  spirit  being  that  of  bit 
terness  towards  the  government  and  towards  the  north.  I  heard  but  one  man  in  all  the 
south,  in  the  constant  communication  I  had  with  the  people,  who  said  that  we  ought  to  deal 
with  the  negroes  as  we  would  be  done  by.  I  heard  from  not  one  individual,  in  the  whole 
trip,  who  expressed  or  manifested  in  any  way  any  sense  of  wrong-doing  in  connexion  with 
the  rebellion  —  no  conviction  of  crime  in  the  matter.  It  was  to  them  rather  a  misfortune. 
Yet  in  my  judgment  the  people  have  behaved  as  well  as  we  could  have  expected  under  the 
circumstances,  with  their  property  swept  away,  with  their  government  overthrown,  and  with 
their  civil  status  denied.  I  made  the  whole  trip  without  any  experience  of  rudeness,  and 
was  personally  well  treated. 

I  may  say,  in  respect  to  the  composition  of  the  present  legislatures  at  the  south,  that, 
except  in  Tennessee,  in  every  case  where  I  visited,  they  represented  and  appeared  to  be 
under  the  control  of  men  who  were  disloyal  in  spirit. 

AS  TO   NEGROES   ACQUIRING  PROPERTY. 

A  few  persons  whom  I  met  would  admit  that  they  had  the  right  to  acquire  property,  and 
that  they  ought  to  be  protected  in  it  ;  but  the  great  mass  of  the  people  were  opposed  to  their 
having  a  chance  to  gain  possession  of  real  estate.  Only  one  of  the  legislatures  had  made 
provision  for  negroes  owning  real  estate  —  that  of  Georgia.  A  rebel  colonel  told  me  that  he 
would  rather  his  property  were  sunk  in  the  middle  of  perdition  than  to  lease  it  to  negroes, 
much  less  to  sell  it  to  them  ;  and  many  others  expressed  similar  sentiments. 

If  the  troops  and  the  bureau  were  withdrawn  the  schools  for  freedmen  would  most  certainly 
be  broken  up.  It  was  the  general  belief  by  the  freedmen  themselves,  by  teachers,  and 
Union  men,  that  this  would  be  the  case. 

SUCCESS   OF   FREE   LABOR 

Wherever  planters  have  shown  a  disposition  to  be  fair  and  ust  the  negroes  have  been 
willing  to  work  for  them,  and  work  faithfully,  and  such  planters  have,  in  every  case  I  have 
heard  of,  done  well  for  themselves  and  for  the  negroes.  A  planter  near  Lexington,  Ken 
tucky,  seeing  that  slavery  was  dead,  told  his  men  that  he  would  give  them  fifteen  dollars  a 
month  if  they  would  stay  with  him  and  work.  They  did  so  ;  he  had  made  a  good  crop  and 
was  entirely  "satisfied.  Major  Isbel,  of  General  Forrest's  staff,  told  me  that  his  father  told 
his  men  that  he  would  give  them  twelve  dollars  a  month.  They  remained  with  him  ;  he  had 
made  good  crops  and  was  entirely  satisfied.  He  had  sixty-three  men  on  his  place,  near 
Huntsville,  Alabama.  Judge  Fisher,  of  Mississippi,  the  unsuccessful  candidate  for  the  gov 
ernorship,  an  old  whig  and  Union  man,  told  his  slaves  that  he  would  take  them  into  part 
nership  —  so  Colonel  Thomas  told  me.  They  consented,  and  he  gave  them  a  portion  of  the 
crop,  one-half,  and  he  said  he  had  never  made  so  much  money  in  any  one  season  as  this. 
At  Helena,  two  or  three  companies  from  the  north  had  rented  large  plantations  and  sublet 
them  to  the  negroes  in  parcels  of  twenty  and  forty  acres  each.  The  proprietors  told  me  they 
were  successful,  and  satisfied  with  the  working  of  the  negroes,  and  the  avails  of  their  sum 
mer  services.  Jerome  Pillow,  a  colored  man,  had  in  this  way  cleared  this  season  seven 
thousand  dollars.  Hal.  Burton,  on  thirty-two  acres,  had  cleared  six  thousand  dollars. 
Twenty  colored  men  had  in  this  way  cleared  from  one  thousand  to  two  thousand  dollars  each 
this  year.  A  lawyer  at  Helena  told  me  that  in  Phillips  county,  in  which  Helena  is,  he  knew 
of  fifty  colored  men  who  had  cleared  fifty  thousand  dollars  this  year.  One  old  colored 
woman,  with  her  hoe,  had  made  five  hundred  dollars  in  cotton.  Messrs.  Stevens  &  Curtis, 
eight  miles  from  New  Orleans,  whose  plantation  I  visited,  had  purchased  the  land  and 
worked  eighty  negroes,  giving  them  twenty  dollars  a  month,  were  perfectly  satisfied  with  the. 
working  of  the  negroes  and  their  conduct;  had  done  well  on  the  plantation.  Mr.  J.  E. 
Meister,  a  Prussian,  whom  I  met  in  Charleston,  had  purchased  in  South  Carolina  forty 
thousand  acres  of  pine  lauds,  and  had  hired  three  hundred  negroes,  and  intended  to  hire 
many  more.  He  gave  his  coopers  fifty  dollars  a  month,  and  his  common  hands  from  fifteen 
to  thirty  dollars,  and  was  perfectly  satisfied  with  the  results  of  free  labor.  He  scouted  the 
idea  that  the  negroes  would  not  work  and  could  not  be  relied  upon.  He  said  he  had  more 
applications  than  he  could  accept  for  employment.  I  also  met  several  other  planters  from 
the  north  and  some  from  the  south,  who  by  kind  treatment,  fairness,  and  justice,  had 
received  from  the  negroes  satisfactory  labor  and  conduct, 


WASHINGTON,  February  7   1866. 

Brigadier  General  Charles  C.  Doolittle  sworn  and  examined. 
By  Mr.  WILLIAMS: 

Question.  State  your  position  in  the  United  States  service,  and  what  opportunities  you 
have  had  of  learning  the  condition  of  things  in  the  State  of  Louisiana. 


70  RECONSTRUCTION. 

Answer.  Brigadier  general  United  States  volunteers ;  I  was  stationed  in  the  northeastern 
part  of  Louisiana,  on  the  Washita  river,  commanding  district  of  northeast  Louisiana.  I  was 
brought  in  contact  with  the  people  there  during  the  three  months  I  remained. 

Question.  State  what  you  found  the  disposition  and  temper  of  the  people  to  be  as  to  the 
authority  of  the  government  of  the  United  States. 

Answer.  Among  the  better  class  of  citizens,  while  I  do  not  think  there  was  a  very  hearty 
loyalty,  perhaps,  there  was  a  disposition  to  conduct  themselves  in  support  of  the  government. 
The  greater  number,  perhaps,  regretted  the  war ;  more,  perhaps,  from  the  fact  that  their 
property  was  destroyed  and  so  much  suffering  entailed  on  them,  than  because  of  the  under 
taking  itself.  A  great  many  were  sorry  they  had  not  succeeded,  but  were  willing  to  accept 
the  condition  of  things,  make  the  best  of  it,  and  do  everything  they  could  now  to  support 
the  government ;  and  there  are  others  who  have  just  as  much  bitterness  as  ever  towards  the 
northern  people.  In  some  of  the  parishes  of* that  portion  of  Louisiana  I  was  in  the  resi 
dents  are  exceedingly  bitter  towards  northern  people.  That  was  not  the  universal  senti 
ment,  however,  even  there.  Delegations  called  on  me — I  recollect  one  from  the  worst  parish 
in  my  district — who  seemed  disposed  to  do  everything  in  their  power  to  treat  the  negro  prop 
erly,  and  support  the  government.  But  my  opinion  about  Louisiana,  or  that  portion  of  it, 
is,  that  there  is  not  much  hearty  loyalty  among  the  people.  I  think,  when  they  come  to  see 
that  their  own  interests  will  be  advanced  by  supporting  the  government,  they  will  do  it,  and 
after  awhile,  perhaps,  become  attached  to  the  government  or"  the  United  States.  The  worst 
class  of  men  down  there  are  those  who  were  not  in  the  army.  The  confederate  soldiers 
have  had  enough  of  war,  and  are  now  disposed  to  do  right,  and  can  be  more  fully  trusted. 

Question.  Were  there  many  northern  people  in  your  district  ? 

Answer.  There  were  some,  and  some  who  had  intended  to  settle  there,  but  not  a  large 
number.  That  portion  of  the  State  embraces  a  very  fine  cotton  country,  and  there  is  a  good 
deal  of  wealth  there.  There  are  a  good  many  Union  men  there,  who  have  been  Union  men 
all  through.  I  think  there  has  been  a  change  in  the  sentiments  of  the  people,  from  what  I 
could  learn  in  talking  with  prominent  men,  and  from  what  I  saw  myself,  from  the  time  ot 
the  surrender  until  I  left.  Soon  after  the  close  of  the  war  they  would  have  been  glad  to 
have  accepted  anything,  but  they  are  now  getting  rather  more  bold.  The  better  class  of  men  I 
think  could  be  fully  trusted ;  but  there  are  many  who  seem  disposed,  if  they  had  an  oppor 
tunity,  to  make  trouble.  I  should  not  think  it  safe  to  withdraw  the  troops  entirely  from  the 
State.  I  bel'eve  as  long  as  there  is  a  shadow  of  the  United  States  authority  there  the  people 
will  keep  within  bounds  pretty  well.  I  think,  perhaps,  that  after  a  .year  or  so  they  may 
change  in  their  feelings,  and  find  their  interests  are  being  advanced  under  the  new  system 
of  labor  Avhen  it  gets  well  established. 

Question.  What  is  the  condition  of  the  black  people  there,  as  far  as  you  can  judge  ? 

Answer.  Some  of  them  were  at  work ;  but  the  larger  portion  of  them  were  indisposed  to 
do  so  at  the  time  I  was  there.  The  idea  was  very  prevalent  among  them  that  about  the  holi 
days  the  government  was  going  to  apportion  the  lands,  or  do  something  for  them.  We 
labored  to  disabuse  their  minds  of  that ;  but  they  were  indisposed  to  make  contracts.  Some 
plantations  were  being  worked ;  but  the  negroes,  as  a  general  rule,  were  not  disposed  to  be 
steadily  at  work.  This  idea  that  they  were  going  to  cultivate  land  of  their  own,  or  to  do 
something  for  themselves,  made  them  indisposed  to  labor  very  steadily,  and  the  camps  at 
tracted  a  good  many  of  them.  So  long  as  the  soldiers  were  in  contact  with  them,  especially 
the  black  soldiers,  I  think  it  had  a  tendency  to  demoralize  them.  If  a  black  soldier  had 
anything  to  spare  in  the  way  ot  tood  he  would  share  it  with  some  of  them.  My  idea  in  regard 
to  troops  at  the  south  when  I  was  there  was  that,  if  any  were  kept,  they  ought  to  be  white. 
The  black  troops,  in  many  respects,  are  better  than  tho  white  at  this  stage,  and  that  one  fact, 
that  their  contact  with  the  laboring  class  had  a  bad  effect  upon  them,  would  be  the  only 
motive  I  would  have  for  replacing  them  with  white  troops ;  otherwise  they  are  better  for  this 
duty.  I  think,  with  that  idea  driven  out  of  the  heads  of  the  black  people,  they  will  be  dis 
posed  to  do  well.  Some  planters  hold  to  the  idea,  and  I  suppose  they  will  not  think  other 
wise,  that  the  negro  will  not  work,  and  they  are  not  disposed  to  make  a  fair  trial,  while 
others  are  ready  to  contract  with  them  and  go  on  with  the  work  of  their  plantations.  General 
Kusk,  of  Arkansas,  was  in  my  neighborhood  while  I  was  there  with  all  his  negroes  with 
him.  He  took  them  to  Texas,  but  they  came  back  with  him  on  to  his  plantation,  and  he  ha<l 
.leased  another  plantation.  Some  others  who  had  gone  off  to  Texas  were  returning  about 
the  time  I  left  with  their  negroes,  and  they  were  going  to  work ;  but,  as  a  general  thing,  I  do 
not  think  the  cotton  crop  will  be  very  large  in  that  section  of  Louisiana. 

Question.  What  wages  do  they  pay  these  blacks  there? 

Answer.  In  some  cases  they  pay  them  nothing  but  their  board  and  clothing  for  the  first 
year.  Some  of  them  pay  $5,  and  others  pay  ijjilU  a  month. 

Question.  In  what  condition  would  the  Union  men  be  there  if  the  troops  were  withdrawn  ? 

Answer.  I  think  in  some  sections  of  Louisiana,  and  in  some  of  the  parishes  of  my  district, 
they  would  be  persecuted,  perhaps  not  openly,  but  they  would  be  annoyed.  In  the  parish 
of  Washita,  for  instance,  there  is  a  class  of  men  who  seem  better  disposed.  That  part  of 
Louisiana  was  strongly  Union,  with  the  exception  of  a  few  parishes,  and  gave  a  strong 
Union  vote,  but  they  were  almost  all  of  them  engaged  in  the  rebellion.  They  went  into  it 
finally. 


FEORIDA — LOUISIANA — TEXAS.  71 

Question.  What  do  the  people  s&y  there  as  to  the  education  of  the  negroes,  or  their  hold 
ing-  property  f 

Answer.  "There  are  varieties  of  opinion  about  that.  Some  are  in  favor  of  it.  The  thinking 
people  are  in  favor  of  it,  but  the  more  ignorant  class  are  not.  There  were  some  trials  of  ne 
groes  in  court  while  I  was  there,  and  they  were  treated  very  fairly,  indeed. 

Question.  Were  you  there  at  any  election  ? 

Answer.  Yes-,  I  was  there  at  the  last  election. 

Question.  Were  there  tickets  in  the  field  known  as  Union  or  secession  tickets  ? 

Answer.  No*,  there  "was  not  that  distinction  made.  The  candidates  made  the  ticket.  The 
only  merit  claimed  for  the  candidate  who  was  run  against  Mr.  Ray  was,  for  instance,  that 
he  had  been  an  officer  in  the  rebel  army.  But  Mr.  Ray  was  elected  by  a  very  large  majority. 

Question.  To  what  office  was  Mr.  Ray  elected  ? 

Answer.  Member  of  Congress.  Among  the  members  of  the  legislature  there  were  some 
few  Union  men  elected  from  that  section ;  others  were  officers  of  the  confederate  army.  I  have 
talked  with  them,  and  they  seem  to  manifest  right  views;  you  could  not  really  ask  anything 
more  of  them.  And  I  think  the  legislature  of  Louisiana  has  passed  some  very  good  laws  in 
regard  to  the  freedmen.  I  do  not  know  what  they  may  have  done  lately.  About  the  time 
I  left  a  bill  was  passed,  which  I  did  not  see,  but  which  some  officers  told  me  was  very  just 
towards  the  freedmen. 

Question.  What  position  did  Mr.  Ray  occupy  during  the  rebellion? 

Answer.  He  was  a  Union  man  all  through.  I  think  he  had  something  to  do  with  sup 
porting  poor  children.  He  had  nothing  to  do  with  the  confederacy  at  all,  though  almost  all 
men  in  the  south,  whether  Union  or  not,  had  something  to  do  w'ith  it  some  way.  They  must 
have  something  to  do  with  it,  or  they  could  not  stay  there.  Mr.  Ray  was  a  man  very  much 
respected  everywhere,  and  soon  after  the  surrender  the  people  very  generally  united  upon 
him  as  a  man  to  represent  them  in  Congress.  He  himself  was  a  little  afraid  that  they  might 
elect  this  other  man ;  for,  after  the  lenient  policy  adopted  by  the  President,  they  began  to 
think  that  they  might  perhaps  all  have  a  chance.  Still,  I  can  say  in  respect  to  that  section 
there,  that  the  people  are  about  as  loyal  as  wre  could  reasonably  expect.  It  is  difficult  for 
men  to  change  their  views  so  soon  after  so  long  a  struggle.  There  has  been  very  little  dis 
turbance  through  that  country.  Some  men  who  had  been  neither  on  one  side  nor  the  other 
•during  the  war,  but  had  been  robbing  both  sides,  were  making  a  little  trouble  just  before  I 
left,  and  I  sent  a  detachment  after  the  robbers ;  but,  as  a  general  rule,  a  person  can.  travel 
through  that  country  without  any  difficulty  or  danger  of  being  disturbed. 

Question.  Did  the  people  appear  to  be  anxious  to  be  restored  to  the  Union? 

Answer.  Yes,  sir,  they  are  very  anxious,  and  they  begin  to  think  they  are  entitled  to  a 
good  deal.  They  want  to  be  represented.  There  are  some  there  who,  if  they  could  not 
send  the  men  they  wanted,  would  rather  not  be  represented,  and  who  voted  and  advised 
others  to  vote  for  a  man  who  could  not  take  the  oath ;  though  a  good  many  of  them  may 
have  been  induced  to  do  that  under  the  impression  that  it  would  be  modified  in  some  way,  so 
that  men  of  that  class  could  be  admitted.  I  was  of  the  opinion  that  the  people  in  that  sec- 
fciou  would  get  along  very  well  without  the  military.  There  was  not  very  much  for  them  to 
do  while  I  was  there.  The  citizens  were  determined  to  preserve  order,  and  determined  to 
put  down  all  kinds  of  riotous  conduct  or  attempts  to  disturb  the  community.  I  was  at 
Baton  Rouge  for  about  ten  days,  and  found  that  the  people  in  the  country  west  of  there 
were  very  bitter. 

Question.  What  do  they  say  or  what  do  they  expect  to  do  when  restored  to  the  Union ; 
have  you  any  idea! 

Answer.  No,  sir ;  I  have  never  heard  any  of  them  make  any  special  expressions  upon 
that  subject.  The  great  mass  of  the  people  were  anxious  to  get  their  business  re-established 
and  their  plantations  in  operation,  and  they  were  looking  to  their  financial  more  than  to 
their  political  status.  I  suppose  the  same  class  of  men  who  before  the  war  were  politicians 
fhe're  will  now  be  seeking  after  power,  and  that  the  people,  who  are  very  easily  led,  will  fol 
low  these  men.  I  have  no  idea  that  another  rebellion  or  war  could  be  gotten  up.  I  do  not 
think  they  could  be  induced  to  fight  again ;  but  they  might  follow  these  leaders  in  measures 
antagonistic  to  the  government,  simply  because  they  are  in  the  habit  of  following  them. 
They  are  ignorant,  and  that  is  one  great  trouble  with  the  mass  of  the  southern  people  now. 
They  believe  everything  told  them  by  these  men. 

Question.  Are  the  men  who  are  now  leaders  down  there  the  same  who  were  before  the 
rebellion ! 

Answer.  Some  of  them  are. 

Question.  What  is  your  opinion  as  to  whether  it  is  best  or  not  to  restore  the  State  imme 
diately  to  the  Union,  or  hold  it  in  its  present  condition,  with  a  military  force  in  the  State? 

Answer.  A  few  months  ago  I  should  have  been  in  favor  of  restoring  them,  but  I  am  not 
now.  I  have  not  been  in  favor  at  any  time  of  withdrawing  the  military,  even  if  they  were 
restored,  until  they  have  become  so  thoroughly  settled  in  their  condition  that  there  could  be 
no  necessity  for  its  further  continuance.  Even  with  a  representation  in  Congress  I  should 
be  in  favor  of  continuing  the  military  in  the  State  until  they  had  become  accustomed  to  the 
new  system  of  labor,  and  until  all  the  disturbing  elements  left  at  the  close  of  the  war  should 
It&ve  toeeome  quieted. 


72  BECONSTRUOT1OW. 

WASHINGTON,.  Marc*  10, 
Major  General  George  A.  Custer  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question,  State  whether  yon  have  been  in  any  part  of  the  States  lately  m  rebellion.  If 
«o,  in  what  part  and  m  what  capacity? 

Answer.  1  have  been  in  Texas  and  western  Louisiana,  in  command  of  cavalry.  I  wa» 
lately  in  command  of  all  the  cavalry  in  the  former  State,  and-  previous  to  that  in  command 
of  a  division  of  cavalry  in  western  Louisiana.  I  also  commanded  tie  central  district  o$ 
Texas. 

Question.  When  did  you  go  to  Texas  and  when  d?d  you  Isave  there  ? 

Answer.  I  went  to  Texas  ra  the  early  part  of  September  last  from  western  Louisiana.  I 
went  to  western  Louisiana  in  June.  I  left  Texas  about  the  middle  of  February. 

Question.  State  if  you  have  been  in  different  parts  of  Te:sas,  and  what  opportunities  you 
have  had  to  ascertain  the  views  and  feelings  of  the  people  of  that  State. 

Answer,  I  have  been  over  a  considerable  portion  of  the  Stats,  the  eastern,  southeastern, 
and  central  portions.  And,  in  addition  to  thisv  I  have,  in  my  official  capacity  as  com 
mander  of  cavalry,  sent  detachments  of  troops  to  many  of  the  points  not  visited  by  myself. 
In  sending  out  these  detachments  of  cavalry  I  have  instructed  the  commanding  officers  to 
ascertain  the  condition  of  affairs  as  regards  the  sentiments  and  disposition  of  the  people 
towards  the  general  government,  and  to  report  to  rae  on  their  return.  In  this  way  I  have 
had  facilities  for  ascertaining  the  true  condition  of  the  people,  their  present  disposition  and 
sentiments^  to  a  greater  extent  than  almost  any  other  officer  in  the  service. 

Question.  State  from  your  own  personal  knowledge,  and  from  such  information,  as  you 
have  received  from  subordinate  officers,  what  are  the  present  temper  and  disposition  of  the 
people  of  Texas  in  regard  to  the  power  and  authority  of  the  United  States. 

Answer.  I  do  not  regard  the  disposition  of  the  majority  of  the  people  towards  the  general 
government  as  at  all  friendly.  To  use  their  own  words,  they  "accept  the  situation, "  but  2 
think  their  motives  are  entirely  selfish ;  and  they  acknowledge  that  it  is  from  a  desire  to  ob 
tain  the  benefits  of  the  government,  rather  than  to  give  the  government  any  support.  The 
feeling  of  the  people  there  towards  the  government  is  far  more  hostile  and  antagonistic  than 
it  was  three  or  six  months  ago.  They  affirmr  as  a  reason  for  thisr  that  they  are  kept  in  the- 
condition  they  ar«  now  in,  and  are  denied  the  exercise  of  their  former  power.  They  are 
particularly  dissatisfied  with  the  action  of  the  government  in  not  permitting  them  to  reoc- 
cupy  those  places  in  Congress  which  they  voluntarily  relinquished  five  years  ago,  and  to 
uphold  which  course  they  have  been  fighting  during  the  past  five  years. 

Question.  What  proportion  of  the  people,,  where  you  have  been,,  are  now,  or  have  beect 
during  the  war,  faithful  to  the  Union  ? 

Answer.  In  Texas  it  would  hardly  be  possible  to  find  a  man  who  has  bees  strictly  faithful 
to  the  Union,  and  remained  in  the  State,  during  the  war.  They  forced  all  who  were  truly 
Union  men  to  leave  the  State.  Those  who  did  not  were  murdered.  The  people  of  the 
north  have  no  conception  of  the  number  of  murders  that  have  been  committed  in  that  State 
during  and  since  the  war.  A  great  many  of  the  Union  men  who  were  compelled  to  leave 
the  State  have  returned  since  the  return  of  the  United  States  troops  to  the  State.  There  are 
men  in  the  State  who  claim  to  be  loyal  and  yet  have  remained,  during  the  war,  unmolested  ; 
but,  upon  investigation,  it  will  be  found  that  their  loyalty  is  not  unimpeachable,  and  that 
they  have,  to  a  certain  degree,  sympathized  and  acted  with  the  rebels  to  a  greater  or  less 
extent. 

Question.  What  would  be  the  condition  of  the  loyal  men  in  Texas  now,  in  case  the  mili 
tary  protection  now  afforded  were  withdrawn  from  th«  State  ? 

Answer,  I  would  not  consider  it  safe  for  a  loyal  man  to  remain  in  Texas,  at  least  in  thai 
portion  I  have  visited,  after  the  troops  were  withdrawn.  I  have  within  my  possession  let 
ters  from  prominent  Union  men  in  the  State,  saying  that  if  the  troops  were  to  be  withdrawn 
they  wished  to  be  informed  of,  it  for  the  purpose  ot  making  arrangements  to  leave  when  the 
troops  did ;  that  it  would  be  unsafe  and  unwise  for  them  to  remain  after  the  troops  were 
withdrawn.  Even  now  there  is  no  friendly  feeling,  and  very  little  intercourse,  between  the 
loyal  and  disloyal  portion  of  the  inhabitants.  The  feeling  of  hostility  towards  loyal  men  is 
carried  to  such  an  extent  that  a  loyal  man  engaged  in  business  recsives  no  paironage  ex 
cept  from  loyal  men. 

Question.  What  do  the  disloyal  people  desire  upon  that  subject ;  ase  they  willing  to  have 
the  troops  remain,  or  anxious  to  have  them  withdrawn  ? 

Answer.  They  are  very  anxious  to  have  them  withdraw.  They  say  there  is  no  longer  any 
necessity  for  them,  if  any  necessity  ever  existed,  and  that  it  is  an  imposition  upon  the  people 
for  the  government  to  keep  them  there.  And  this  assertion,  that  there  was  no  necessity  for 
the  troops,  has  been  made  ever  since  I  first  entered  the  State. 

Question.  State,  as  fully  as  you  are  able,  what  were  the  condition,  sentiments,  and  dispo 
sition  of  the  people  of  Texas  towards  the  general  p-overament  at  the  time  you  went  into  the 
State,  and  what  they  are  now.  And  if  any  char  -0<i  has  occurred,  gjve  your  opinion  M 
reason  of  that  change. 


FLORIDA — LOUISIANA — TEXAS.  73 

Answer.  When  I  entered  the  State  last  summer  I  found  the  condition  of  the  people,  as 
regards  their  sentiments  and  intentions  towards  the  general  government,  to  be  as  satisfactory 
as  any  loyal  man  could  wish,  so  far  as  it  was  observable.  They  made  use  of  no  expressions 
hostile  to'the  government,  or  against  government  officials,  or  against  the  policy  of  the  gov 
ernment.  On  the  contrary,  they  regarded  the  result  of  the  war  as  final — no  appeal  to  be 
made  from  it — and  were  willing  to  conform  to  any  conditions  the  general  government  might 
see  fit  to  impose.  And  I  am  confident  that,  especially  their  leaders,  those  wrho  had  borne  a 
prominent  part  in  the  rebellion,  were  in  the  expectation  of  being  dealt  with  in  accordance 
with  the  extreme  provisions  of  law.  Those  of  them  possessing  much  property  believed  their 
property  would  be  confiscated,  and  they  also  thought  that  at  least  the  leaders  would  be  tried 
and  executed  for  treason.  So  long  as  the  policy  of  the  government  towards  the  southern 
States  seemed  undeveloped  or  unknown,  the  most  submissive  feeling  was  everywhere  preva 
lent.  Those  who  had  been  engaged  in  rebellion,  particularly  those  who  had  borne  a  promi 
nent  part,  realized,  without  being  told,  that  they  had  forfeited  every  right,  even  to  that  of 
life.  They  regarded  the  course  of  the  government  as  riiagnanimous  in  the  extreme,  and  far 
more  generous  than  they  had  reason  to  expect.  After  it  was  seen  what  policy  was  to  be  pur 
sued  towards  the  leaders,  and  towards  the  southern  States  generally,  they  assumed  a  more 
defiant  position,  assailed  the  government,  assailed  the  measures  of  the  government,  denounced 
the  system  of  provisional  governments  which  had  been  established  in  the  south,  were  opposed 
to  the  location  of  troops  their  midst,  and  were  opposed  to  the  location  of  agents  of  the 
Freedmeu's  Bureau.  And  this  feeling  continued  to  grow  and  manifest  itself  more  strongly, 
day  by  day.  I  think  their  opposition  to  the  government  and  disloyalty  is  as  openly  visible 
and  as  plainly  manifest  now  as  it  was  in  1861.  I  am  speaking  of  the  majority.  Of  course, 
there  are  exceptions.  There  are  men  who  have  borne  a  prominent  part  in  the  Avar,  but  wrho 
fairly  accept  the  situation  in  good  faith,  and  do  not  do  so  from  any  selfish  motive,  but  from 
a  sincere  desire  and  purpose  to  sustain  the  government.  If  necessary,  I  could  name  honor 
able  exceptions,  of  men  who  have,  since  the  surrender  of  the  rebel  armies,  labored  energeti 
cally  in  support  of  the  government  and  of  government  measures,  notwithstanding  the  fact 
that  during  the  war  they  were  foremost  as  its  opposers.  This  class  adhere  strictly  to  the 
terms  and  conditions  of  their  oath  of  allegiance,  and  as  conscientious  men  regard  their  oath 
as  binding  to  the  fullest  degree.  The  majority,  or  at  least  a  large  proportion,  of  those  who 
have  taken  the  oath  of  allegiance  to  the  general  government,  do  not  hesitate  to  assert  that 
they  do  not  regard  it  as  binding,  but  maintain,  for  some  unknown  reason,  that  the  oath  has 
been  forced  upon  them,  and  was  taken  only  with  a  view  of  obtaining  protection  under  it. 

Question.  State  your  opinion  as  to  whether  or  not  the  lenient  policy  which  has  been  pur 
sued  towards  the  rebels  has  been  beneficial  to  that  country,  or  otherwise. 

AnsAver.  In  my  opinion  it  has  been  very  detrimental,  not  only  to  that  portion  of  the 
country,  but  to  the  entire  country,  and  more  immediately  to  the  interests  of  the  Union  and 
Union  men  in  the  south.  It  has  certainly  produced  one  result  not  intended  nor  contem 
plated.  It  has  led  the  people  of  the  south  to  forget  the  enormity  of  the  crime  they  committed 
by  engaging  in  rebellion,  and  they  are  noAv  endeavoring  to  school  themselves  to  the  belief 
that  they  are  the  party  aggrieved,  and  the  general  government  the  aggressor.  To  such 
an  extent  have  they  succeeded  in  thus  educating  themsehres,  that  I  have  no  doubt,  had  they 
the  pOAver,  they  Avould  arraign  the  government  for  suppressing  the  rebellion. 

Question.  Is  there  as  much  freedom  among  the  Union  men  noAv  in  the  expression  of  their 
views  there  as  there  Avas  at  the  time  you  went  there?  And  if  not,.  Avhat  is  the  reason  for  it? 

AnsAver.  In  many  parts  of  Texas  Union  men  dare  not  express  their  sentiments  as  regards 
loyalty  to  the  general  government.  Their  lives  AA'ould  be  endangered  by  so  doing.  Union 
men  are  being  murdered  there  to  this  day ;  at  least  murders  Avere  occurring  constantly  before 
I  left,  and  I  think  were  on  the  increase. 

Question.  Do  you  knoAv  of  any  cases  in  Avhich  Union  men  Avere  murdered,  and  the  reasons 
why  they  were  murdered  ? 

Answer.  Except  that  it  did  not  fall  under  my  own  personal  observation,  I  have  as  posi 
tive  information  as  a  man  can  haAre  of  Avhat  he  does  not  actually  Avitness.  I  have  within  my 
reach  Avritten  documents  from  prominent  Union  men  in  the  State  informing  me  of  the  mur 
ders  of  Union  men  for  no  other  reason  than  that  they  were  Union  men,  and  had  fought  in 
defence  of  their  country.  I  know  one  instance  of  a  man  who  AAras  murdered  about  two  Aveeks 
prior  to  my  departure  from  the  State,  Avithiu  twenty  miles  of  Austin,  the  capital  of  the  State. 
During  the  war  a  Texas  regiment  of  cavalry  of  Union  soldiers  Avas  organized,  composed  for 
the  most  part  of  refugees.  They  were  not,  I  think,  organized  in  the  State,  but  in  New 
Orleans,  during  General  Butler's  command  there.  Since  the  close  of  the  war  this  regiment 
has  been  mustered  out,  and  the  men  long  returned  to  their  homes.  I  have  learned,  officially 
and  otherAvise,  of  the  murder  of  several  of  these  men.  I  Avas  informed  by  Governor  Hamilton 
of  the  murder  of  six  of  them  in  one  county.  Three  days  before  I  came  aAvay  I  received  the 
flag  I  haVe  in  my  hand,  sent  to  me  by  a  Union  lady  from  Texas.  The  large  flag  from  which 
this  was  made  was  raised  over  the  house  of  her  husband.  A  committee  of  citizens  waited  on 
him  and  told  him  to  take  it  down.  He  refused,  and  they  shot  him,  intending  to  kill  him. 
He  escaped,  hoAveA'er,  Avith  his  life,  but  suffered  the  loss  of  an  eye.  The  name  of  this  loyal 
man  is  F.  W.  Sumner,  of  Avhom  mention  has  been  made  in  some  of  our  northern  papers.  I 
believe  this  transpired  about  three  weeks  before  I  left  the  State.  The  circumstances,  as  I 
have  related  them,  Avere  reported  to  me  officially  by  un  officer  of  my  command,  Avhom  I  had 


74  RECONSTRUCTION. 

sent  to  that  part  of  the  State  with  a  detachment  of  cavalry.  Several  similar  instances  have 
been  reported  to  me.  In  one  case  a  man  raised  a  Union  flag1  over  his  house  ;  was  ordered  by 
a  committee  of  citizens  to  take  it  down ;  he  refused,  and  was  killed.  In  Fannin  county, 
Texas,  I  learn  from  \vritten  reports  of  Union  citizens,  some  of  whom  participated  in  the  meet 
ing:,  and  also  from  the  official  report  of  the  officer  who  was  sent  there  to  restore  order,  that  the 
Union  citizens  met  for  the  purpose  of  listening  to  Union  addresses  from  loyal  men.  They 
formed  a  procession  and  marched  down  one  of  the  streets  with  a  flag  at  the  head  of  the  pro 
cession.  The  disloyal  portion  of  the  inhabitants  collected  together,  and,  being  armed,  dis 
persed  the  meeting,  took  possession  of  tire  flag,  dragged  it  through  the  streets,  tore  it  in 
pieces,  and  gave  notice  that  no  Union  sentiments  could  be  proclaimed  there.  A  party  of 
cavalry  was  sent  there  for  the  purpose  of  arresting  the  leaders,  but  they  escaped.  The  facts, 
however,  are  as  I  have  stated.  I  have  the  written  report  of  the  officer  in  command,  also  a 
written  statement  of  some  of  the  Union  citizens  who  participated  in  the  meeting.  I  reported 
the  facts  to  Governor  Hamilton  at  the  time. 

Question.  Were  you  there  when  the  election  in  that  State  took  place  ? 

Answer.  I  was. 

Question.  What  feeling  was  there  prevalent  at  the  time  of  the  election  as  between  those 
who  were  Union  men  and  those  who  were  rebels  as  candidates  for  office? 

Answer.  The  two  parties,  loyal  and  disloyal,  had  each  their  candidates.  In  Travis  county, 
wrhere  the  Union  party  have  usually  been  stronger  than  in  almost  any  other  county  in  the 
State,  except  the  German  settlements,  the  disloyal  party  elected  their  candidates  by  a  vote 
of  about  three  to  one.  Some  of  the  most  prominent  Union  men  in  the  State  were  candidates 
for  the  convention  in  this  county;  but  they  were  defeated  by  a  large  majority.  Candidates 
generally  before  the  convention  seemed  to  base  their  claims  upon  the  extent  to  which  they 
had  opposed  the  government  during  the  war,  and  the  extent  to  which  they  at  that  time 
opposed  measures  that  had  been  adopted  by  the  government  in  reference  to  the  southern 
States.  A  large  number  of  members  came  to  the  convention  before  having  taken  the 
amnesty  oath,  or  having  received  special  pardons.  The  secretary  of  the  convention  took  his 
seat  wearing  the  uniform  he  had  worn  in  the  rebel  service. 

Question.  To  what  convention  do  you  refer? 

Answer.  I  refer  to  the  convention  which  was  called  by  Governor  Hamilton  for  the  purpose 
of  reorganizing  the  State. 

Question.  Have  you  any  knowledge  of  an  organization  in  that  State,  secret  or  otherwise, 
for  the  purpose  of  opposing  or  thwarting  the  action  oTthe  government  of  the  United  States? 

Answer.  It  was  reported  to  me  frequently  that  such  organizations  did  exist,  and  I  have  no 
doubt  in  my  own  mind  that  they  have  existed  in  the  northern  part  of  the  State.  I  was  so 
thoroughly  convinced  of  the  fact  that  I  sent  a  considerable  force  into  that  section  of  the  State 
to  disperse  them.  The  fact  that  such  organizations  did  exist  was  confirmed  by  the  state 
ments,  written  and  oral,  of  loyal  men,  and  by  the  reports  of  officers  sent  there  on  duty. 

Question.  What  feeling  do  they  evince  in  Texas  towards  officers  and  soldiers  of  the  United 
States  ? 

Answer.  Where  the  soldiers  are  in  sufficient  numbers  to  control  the  section  of  country  in 
which  they  are  located  the  people  are  very  respectful  to  them  and  to  their  officers,  because 
they  are  unable  to  adopt  any  other  course ; .  but  officers  or  soldiers  travelling  in  small  parties 
through  the  State  are  insulted  wherever  they  meet  any  considerable  number  of  citizens.  In 
leaving  the  State  it  was  necessary  that  I  should  travel  one  hundred  and  twenty-five  or  one 
hundred  and  fifty  miles  overland  before  reaching  railroad  communication,  and  wherever  a 
number  of  the  citizens  were  met,  either  at  hotels  or  on  the  cars  or  steamboats,  their  conver 
sation  was  generally  of  the  most  insulting  character,  being  abusive  of  the  federal  govern 
ment  and  of  its  measures,  and  strongly  opposed  to  the  army.  Such  conversations  are 
generally  not  directed  to  the  persons  for  whose  ears  they  are  intended.  By  this  course  they 
aim  to  prevent  loyal  men  from  remaining  in  their  midst. 

Question.  What  do  the  people  desire  there  as  to  the  recognition  of  the  State  by  the  federal 
government  ?  Do  they  expect  or  desire  the  reception  of  their  senators  and  representatives 
into  Congress  ? 

Answer.  The  division  of  opinion  is  very  clearly  marked  upon  that  question.  The  entire 
disloyal  portion  of  the  inhabitants  are  very  anxious  that  the  State  should  be  immediately 
restored  to  its  former  rights  and  privileges  in  the  Union;  that  it  should  be  represented  in 
Congress  and  in  the  other  branches  of  the  government;  while  the  loyal  portion  of  the 
inhabitants  are  equally  anxious  that  the  general  government  should  continue  to  maintain  its 
present  control  over  the  State.  In  this  they  say  is  their  only  safety,  in  which  opinion  I  most 
heartily  concur. 

Question.  Do  the  disloyal  people  expect  that  when  the  State  is  restored  and  its  representa 
tives  received  into  Congress  the  troops  will  immediately  be  withdrawn  from  the  State,  and 
they  be  left  to  take  care  of  themselves  ? 

Answer.  They  think  both  these  events  will  occur  together;  that  the  troops  are  only  being 
kept  there  while  the  State  is  under  a  provisional  government.  They  are  convinced  that  the 
present  governor,  who  thoroughly  appreciates  the  condition  and  wants  of  his  State,  is 
strongly  opposed  to  the  removal  of  the  troops.  They  are  equally  well  satisfied  that  if  per 
mitted  to  elect  or  choose  a  governor,  ono  will  be  selected  who  will  favor  and  urge  the  with 
drawal  of  the  federal  troops. 


FLORIDA — LOUISIANA — TEXAS.  75 

Question.  What,  in  your  judgment,  would  have  been  the  effect  as  to  the  development  of 
Union  feeling:  and  strength  in  that  State  if  there  had  been,  up  to  this  time,  a  military  gov 
ernment  preserved  there  adequate  for  the  protection  of  the  Union  people  in.  the ;  expression 
and  advocacy  of  their  Union  views  and  feelings  ? 

Answer.  I  think  that,  while  at  present  the  Union  men  are  entirely  without  influence  and 
are  forced  to  remain  silent,  in  that  case  they  would  have  been  the  predominant  or  ruling 
party,  because,  there  as  everywhere,  there  is  a  large  portion  of  the  inhabitants  who  try  to 
attach  themselves  to  those  who  are  in  power,  or  to  those  who  have  most  authority.  As  it  is 
now,  the  Union  men  have  little  or  no  voice  in  controlling  the  local  affairs  of  the  State.  I 
think  that  a  great  many  men  who,  at  the  close  of  the  war,  were  anxious  to  be  known  as 
Union  men,  and  to  act  with  the  Union  party,  have  been  deterred  from  so  doing  by  the  influ 
ence  and  strength  of  the  disloyal  portion  of  the  inhabitants.  Had  military  rule  prevailed,  I 
am  confident  that  the  strength  of  the  loyal  party  would  have  steadily  increased,  while  the 
opposing  party  would  have  undergone  a  corresponding  decrease,  until,  in  course  of  time, 
treason  would  become  unpopular,  and  traitors  would  not  be  chosen  as  office-holders.  There 
is  no  disguising  the  fact  that  loyalty  at  the  south  has  become  a  byword  and  a  reproach  to 
those  who  have  the  courage  to  profess  it. 

Question.  Can  you  give  any  opinion,  from  what  you  have  seen  and  heard  in  Texas,  as  to 
what  the  people  there  would  do  if  they  were  to  obtain  the  power  or  ascendency  in  that  coun 
try,  and  could  have  entirely  their  own  way  ? 

Answer.  I  think,  in  the  first  place,  none 'but  those  who  had  been  most  prominent  as  leaders 
in  the  rebellion  would  be  appointed  or  elected  to  office  ;  this  no  one  will  deny.  If  they 
were  allowed  to  legislate  upon  the  question  they  would  be  opposed  to  paying  their  share  of 
the  national  debt  unless  the  rebel  debt  was  incorporated  with  it.  Indemnification  woukl  be 
claimed  and  insisted  upon  for  all  losses  sustained  by  ret  el  property-holders  during  the  war; 
while  a  system  of  laws  regulating  labor  would  be  passed  which  would  virtually  place  the 
freedmen  under  the  entire  control  of  their  former  owners.  Had  they  the  power,  neither 
northern  men  nor  freedmen  would  be  permitted  to  acquire  property  in  the  south. 

Question.  Suppose  the  general  government  were  to  be  involved  in  a  foreign  wrar  with  Great 
Britain  or  France,  what  course,  in  your  opinion,  would  these  rebels  take  ;  would  they  fight 
for  the  flag,  be  neutral,  or  join  the  enemy  ? 

AnsAver.  That  question  frequently  comes  up  in  conversation  in  the  south,  and  there  is  a 
division  of  opinion.  I  could  scarcely  decide  which  way  a  majority  would  go,  whether  it 
would  be  for  or  against  the  flag.  I  think,  though,  that  the  most  sensible,  and  certainly  all 
those  inclined  at  all  to  be  loyal,  would  fight  for  the  flag.  The  original  secessionists  would 
undoubtedly  fight  against  it. 

Question.  Suppose  an  opportunity  was  offered  to  a  majority  of  the  people  in  Texas  to  se- 
cede  without  war,  do  you  suppose  they  would  prefer  to  stay  in  the  Union  or  go  out  ? 

Answer.  I  think  they  would  prefer  to  go  out. 

Question.  State  what  you  know  as  to  the  operations  or  necessity  of  the  Freedmen's  Bu 
reau,  or  some  other  agency  of  a  similar  nature  in  that  State. 

Answer.  I  have  paid  considerable  attention  to  the  action  of  the  Freedmen's  Bureau  in 
various  parts  of  the  State ;  at  least  such  parts  as  were  embraced  within  the  limits  of  my 
command,  and  I  am  firmly  of  the  opinion  that  unless  the  present  bureau  or  some  substitute 
is  maintained  for  an  indefinite  period,  great  wrongs  and  an  immense  amount  of  oppression 
would  be  entailed  upon  the  freedmen.  As  it  exists  there  at  present,  the  bureau  is  totally 
unable  to  do  all  that  might  be  done  or  that  is  required  to  be  done. 

Question.  What  feelings  do  these  people,  or  a  majority  of  them,  evince  at  this  time  to 
wards  the  freedmen? 

Answer.  There  is  a  very  strong  feeling  of  hostility  towards  the  freedmen  as  a  general 
thing.  There  are  exceptions,  of  course  ;  but  the  great  mass  of  the  people  there  seem  to  look 
upon  the  freedrnan  as  being  connected  with,  or  as  being  the  cause  of,  their  present  condition, 
and  they  do  not  hesitate  to  improve  every  opportunity  to  inflict  injuries  upon  him  in  order, 
seemingly,  to  punish  him  for  this.  This  feeling  exists  to  a  certain  extent,  and  is  often  mani 
fested  in  their  courts.  I  might  illustrate  it  by  stating  what  I  know  to  be  true,  that  since 
the  establishment  of  the  provisional  government  in  Texas  the  grand  juries  throughout  the 
State  have  found  upwards  of  five  hundred  indictments  for  murder  against  disloyal  men,  and 


jurisdiction  for  various  slight  offences  ;  that  the  fourteen  had  all  been  convicted  and  sen 
tenced  to  various  terms  in  the  State  prison.  And  to  show  you  the  manner  in  which  justice 
is  meted  out  in  their  course  towards  the  freedmen,  one  was  tried  and  convicted  of  stealing 
one  bushel  of  sweet  potatoes,  and  sentenced  to  the  penitentiary  for  two  years.  Another  for 
stealing  an  equally  small  amount  was  sentenced  for  the  same  period.  Then,  to  show  you 
their  hostility  further,  it  is  of  weekly,  if  not  of  daily,  occurrence  that  freedmen  are  mur 
dered.  Their  bodies  are  found  in  different  parts  of  the  country,  and  sometimes  it  is  not 
known  who  the  perpetrators  are ;  but  when  that  is  known  no  action  is  taken  against  them. 
1  believe  a  white  man  has  never  been  hung  for  murder  in  Texas,  although  it  "is  the  law. 


76  RECONSTRUCTION. 

Cases  have  occurred  of  white  men  meeting  freedmen  they  never  saw  before,  and  murdering 
them  merely  from  this  feeling  of  hostility  to  them  as  a  class. 

Question,  What  are  the  views  and  feelings  of  the  freedmen  in  Texas,  as  well  as  you  could 
ascertain  them,  towards  the  government? 

Answer.  They  are  loyal  without  a  single  exception,  so  far  as  my  experience  goes.  They 
were  always  our  friends,  both  in  time  of  war  and  since  active  hostilities  have  ceased. 

Question.  Have  they  any  apprehension  or  understanding  of  the  condition  of  things  in  the 
country  ? 

Answer.  They  have,  to  a  certain  extent.  They  realize,  as  all  Union  men  in  the  State  do, 
that  their  only  safety  and  protection  lies  in  the  general  government;  and  they  realize,  too, 
that  if  the  troops  are  withdrawn,  they  will  be  still  more  exposed  than  they  are  now. 

Question.  What  would  be  the  condition  of  the  colored  population  in  Texas,  if  the  people 
were  left  to  do  with  them  just  as  they  pleased? 

Answer.  I  think  a  system  of  laws  would  be  passed,  which,  while  it  would  not  give  to 
former  owners  the  right  to  transfer  freedmen  without  their  consent  to  another  owner,  they 
would  still  have  as  much  control  over  their  labor  as  they  had  before  slavery  was  abolished. 
And  I  think,  too,  they  would  inaugurate  a  system  of  oppression  that  would  be  equally  as 
bad  as  slavery  itself. 

Question.  What  do  those  who  have  been  rebels  say  as  to  the  education  of  the  freedmen, 
and  the  extension  to  them  of  the  right  of  becoming  property -holders  in  the  State  ? 

Answer.  They  are  opposed  to  allowing  them  to  possess  land ;  they  are  fearful  that  by  so 
doing  they  will  eventually  lose  control  over  them.  They  rather  look  upon  the  idea  of  edu 
cating  them  as  an  absurdity ;  and  while  you  will  find  exceptional  cases  of  southern  men 
doing  all  they  can  to  advance  the  freedmen  intellectually,  you  will,  in  a  majority  of  Ceases, 
find  them  opposed  to  the  principle  of  schools  for  freedmen. 

Question.  What  is  the  prevailing  opinion  there  as  to  whether  the  negro  will  or  will  not 
work  without  physical  compulsion? 

Answer.  The  expressed  opinion  is,  that  he  will  not  work  without  physical  compulsion.  I 
hardly  think  a  majority  of  them  are  sincere  when  they  say  this,  because  they  have  demon 
strated  to  a  great  extent  that  the  freedmeu  will  work  as  well,  if  not  better,  in  some  cases,  by 
giving  him  an  interest  in  the  proceeds  of  his  labor,  than  by  the  former  method.  There  are 
many  cases  where  it  is  impossible  to  make  them  labor ;  but  it  is  not  to  be  wondered  at  when 
we  consider  what  a  great  change  has  taken  place  in  their  condition.  I  frequently  visited 
quite  a  number  of  plantations  in  Texas,  and  saw  the  freedmen  at  work  in  the  cotton-fields. 
As  a  general  thing,  they  did  well ;  and,  in  many  instances,  picked  more  cotton  than  they 
had  done  in  former  years,  because  the  owners  of  the  cotton  paid  them  so  much  per  hundred 
weight.  I  believe  three  or  four  hundred  pounds  is  a  very  good  day's  work  for  a  hand  in  picking 
cotton ;  but  I  have  known  hands  paid  fifty  cents  per  hundred  weight,  gathering  six  hundred 
in  a  day.  One  reason  or  difficulty  in  the  arrangements  for  labor  in  many  cases,  as  I  am  irv- 
formed,  occurs  from  the  disinclination  of  the  planter  to  contract  with  those  whom  he  formerly 
owned.  He  does  not  like  the  idea  of  relinquishing  his  former  claim,  and  the  difficulty  in 
these  cases  is  not  because  the  freedmen  are  unwilling  to  contract,  but  the  unwillingness  is 
an  the  part  of  the  planter.  In  many  cases,  however,  the  freedmen  are  unwilling.  To  cork- 
firm  the  opinion  that  the  fault  lies  to  a  certain  extent  with  the  contractor  or  former  owner, 
northern  men,  who  have  engaged  in  business  in  the  south  since  the  surrender  of  the  rebel 
armies,  have  had  little  or  no  difficulty  with  the  labor  question.  As  a  general  thing  the  freed 
men  are  anxious  to  acquire  the  title  to  land,  and  cultivate  it  for  their  own  interest. 

Question.  Have  these  freedmen  any  knowledge  of  the  political  questions  and  discussions  of 
the  day  ? 

Answer.  They  manifest  a  great  interest  in  the  discussions  that  are  going  on,  and  are  very 
anxious  as  to  what  the  result  will  be,  particularly  as  regards  themselves. 

Question.  Do  the  freedmen  have  anything  to  say  in  reference  to,  or  do  they  expect  to  ex 
ercise  the  right  of  suffrage  at  any  time  ? 

Answer.  They  are  very  quiet  as  regards  that  question.  They  do  not  seem  as  anxious 
about  that  as  they  are  whether  the  general  government  will  continue  the  control  as  it  does 
now,  or  whether  the  affairs  of  the  State  will  be  placed  entirely  in  the  hands  of  the  State  au 
thorities  ?  They  seem  to  be  very  anxious,  indeed,  to  acquire  education,  and  those  who  are 
working  under  contract  and  have  not  an  opportunity  to  attend  schools  have  purchased  books 
and  are  acquiring  such  information  as  they  can  under  the  tuition  of  those  who  are  more  ad 
vanced.  And  in  this  manner  many  have  made  remarkable  progress. 

Question.  Suppose  the  federal  government  were  to  withdraw  all  interference  in  the  affkirs 
of  the  State,  into  whose  hands  would  the  political  power  of  that  country  go  ? 

Answer.  It  would  be  at  once  transferred  into  the  hands  of  the  most  prominent  rebels.  Of 
the  truth  of  this  I  do  not  entertain  a  doubt. 

Question.  Do  you  think  that  any  out-spoken  Union  man  could  be  elected  to  Congress  in 
Texas  ? 

Answer.  I  do  not  think  that  any  man  but  one  who  had  borne  a  prominent  part  in  the 
war,  or  one  who  had  distinguished  himself  in  his  opposition  to  the  federal  government,  could 
be  elected — certainly  no  loyal  man  could.  Some  months  ago  they  were  willing  to  make  a 
sacrifice  of  their  opinions,  for  the  time  being,  if  by  so  dj^iug. — by  sending  a  man  who  would 


FLORIDA — LOUISIANA — TEXAS.  77 

be  accepted — they  could  regain  their  former  place  in  the  Union  ;  but  they  do  not  seem  to 
think  now  that  even  that  is  necessary,  and  in  case  of  an  election  1  think  they  would  select 
a  man  of  their  choice,  and  that  man  would  be  disloyal. 

Question.  How  long  were  you  in  the  State  of  Louisiana? 

Answer.  I  went  to  Louisiana  about  the  middle  of  June,  and  left  the  first  of  September. 

Question.  State  what  you  found  to  be  the  condition  of  things  in  that  State. 

Answer.  The  condition  of  affairs  at  that  time  in  Louisiana  was  more  encouraging  than 
the  present  condition  is  in  Texas,  for  the  reason  I  have  stated,  that  at  that  time  they  were 
uncertain  what  policy  the  government  would  pursue  towards  them.  They  seemed  to  feel  that' 
they  deserved  punishment,  and  to  expect  it.  The  only  question  was,  which  of  them  would 
be  punished ;  and  they  were  conducting  themselves  remarkably  well  at  that  time.  But  that 
feeling  was  undergoing  a  gradual  change  before  I  left  the  State.  In  our  march  from  Alex 
andria,  on  the  Red  river,  through  western  Louisiana  and  eastern  Texas,  I  found  that  the  feel 
ing  towards  the  government  was  by  no  means  friendly.  At  that  time  there  were  very  few 
Union  men  there,  and  they  were  not  allowed  to  remain  at  their  homes.  They  had  been 
generally  driven  away  during  the  war  and  had  not  returned.  The  freedmen  were  not  per- 
mitted  to  contract.  In  many  cases  their  former  owners  would  not  contract  with  them,  nor 
would  they  allow  them  to  leave  the  plantation  to  contract  with  other  planters.  I  think  as 
many  as  a^dozen  instances  were  brought  to  my  notice  where  freedmen  had  been  fired  upon 
and  wounded  in  their  attempts  to  leave  their  former  owners  to  contract  with  other  planters, 
and  at  the  same  time  they  could  not  contract  with  their  former  owners.  I  marched  through 
a  portion  of  the  country  which,  up  to  that  time,  had  not  been  occupied  by  our  troops.  And 
as  my  command  marched  along,  at  every  encampment  the  freedmen  would  flock  to  my 
headquarters  in  large  numbers  in  order  to  ascertain  and  understand  their  precise  condition, 
as  to  whether  they  nad  the  right  to  contract  with  other  parties,  saying  their  former  owners 
had  told  them  they  had  no  right  to  do  so.  The  hostility  of  the  citizens  was  so  observable — 
it  became  so  manifest  that  in  several  instances  when  we  encamped  they  would  fell  trees 
across  our  road  two  or  three  miles  in  advance  of  us  during  the  night  in  order  to  impede  and 
delay  our  march. 

Question.  Suppose  the  colored  population  in  Texas  were  allowed  to  vote;  what  would  be 
the  effect,  in  your  judgment,  upon  the  whites  and  upon  the  blacks  1  What  course  would 
they  probably  take  ?  Would  they  co-operate  and  act  together  with  Union  men,  or  would 
they  be  controlled  by  their  old  masters  ? 

Answer.  I  think  the  vast  majority  of  them  would  co-operate  with  Union  men.  There 
might  be  exceptional  cases  in  which  the  freedmen  would  be  under  the  control  of  their  em 
ployers  to  such  an  extent  that  the  employer  would  control  their  votes ;  but,  as  a  general 
tiling,  I  believe  the  freedmen  would  consult  their  own  interest  in  casting  their  votes,  and, 
judging  from  their  conduct  during  the  past  war,  their  votes  would  always  be  cast  in  favor 
of  loyalty  and  union. 

Question.  Have  they  generally  the  necessary  intelligence  to  distinguish  between  Union 
men  and  rebels,  and  between  those  who  would  be  friendly  to  their  interests  and  those  who 
would  oppose  their  interests  ? 

Answer.  As  far  as  my  experience  goes  they  could  discern  more  quickly  who  are  their 
friends  and  who  are  their  enemies  than  many  of  the  white  inhabitants  or  than  our  soldiers 
or  officers  could — probably  because  they  have  better  opportunities  for  ascertaining.  For 
the  same  reason  we  always  relied  on  them  during  active  operations  in  the  field  for  informa 
tion,  and  their  information  was  always  correct,  or  far  more  correct  than  that  we  derived 
from  the  whites  who  were  disloyal. 

Question.  During  the  war  did  you  find  in  your  operations  negroes  who  were  unwilling  to 
assist  the  federal  government,  or  Avho  attempted  to  mislead  or  do  you  any  injury  ? 

Answer.  1  have  had  many  opportunities  of  judging  of  that,  by  having  command  of  cavalry, 
atrd  generally  being  in  advance  of  the  army,  in  search  of  information  as  to  the  strength,  posi 
tion,  and  intentions  of  the  enemy.  It  was  necessary  to  inquire  of  the  inhabitants  of  the 
country  through  which  we  marched,  and  I  cannot  call  to  mind  an  instance  of  a  negro  mis 
leading  us  or  giving  us  false  information.  It  was  in  fact  very  seldom  that  I  inquired  of  any 
but  negroes,  because  the  whites  could  not  be  relied  upon  ;  being  unfriendly,  they  would  mis 
lead  us,  if  the  opportunity  offered  ;  but  the  negroes  were  always  friendly,  and  gave  us  all  the 
iirformation  in  their  power.  As  far  as  knowledge  of  roads  and  people  was  concerned,  they 
seemed  to  be  more  correct  and  better, informed  than  the  whites.  I  never  found  a  negro  who 
was  not  thoroughly  loyal  and  friendly  to  the  Union  army.  They  were  willing  to  do  any 
thing  to  aid  them.  At  the  battle  of  Trevilian  Station,  I  was  ordered  with  my  command  to 
move  by  a  by-road  and  attack  the  enemy  in  the  rear.  No  man  in  my  command  knew  the 
road,  and  no  white  man  in  that  portion  of  the  country  would  have  been  willing  to  give  me 
the  information.  A  negro  guided  me  to  the  point  I  desired  to  reach.  And  this  occurred  in  a 
large  number  of  cases  within  my  experience.  I  could  not  repeat  the  number  of  cases.  I 
almost  invariably  had  negro  guides,  and  I  never  hesitated  to  place  the  most  implicit  confi 
dence  in  them.  They  would  sometimes  ride  or  walk  miles  to  give  us  information  which  they 
thought  would  be  valuable  to  us,  such  as  of  the  position  of  the  enemy's  forces,  or  of  their  trains, 
which  we  might  desire  to  capture.  They  would  count  the  guns  and  troops  as  they  passed 
a  certain  point,  and  they  would  give  us  the  number  with  remarkable  accuracy. 


78  RECONSTRUCTION. 

Question.  What,  in  your  judgment,  is  the  best  policy  for  the  government  to  pursue  in  ref 
erence  to  those  parts  of  the  south  as  to  which  you  have  testified  ? 

Answer.  I  do  not  regard  the  people  in  that  portion  of  the  southern  country  in  which  I  hav« 
been  as  in  a  proper  condition,  or  as  manifesting  a  proper  state  of  feeling,  to  be  restored  to 
their  former  rights  and  privileges  under  the  general  government.  And  I  do  not  think  they 
have  been  sufficiently  taught  the  enormity  of  the  crime  they  have  committed  by  rebelling 
against  the  government.  I  think  the  government  ought  to  maintain  control  of  those  States 
that  were  in  rebellion  until  it  is  thoroughly  satisfied  that  a  loyal  sentiment  prevails  in  at  least 
a  majority  of  the  inhabitants — that  certainly  does  not  exist  now  ;  and  when  allowed  repre 
sentation,  none  but  loyal  men  should  be  admitted  as  representatives.  Five  years  ago  the 
southern  people  voluntarily  abandoned  their  rights  and  privileges  as  States  in  the  Union, 
and  with  their  rights  and  privileges  they  forfeited  their  share  in  the  general  government. 
Having  waged  a  bloody  and  determined  war  for  four  years  to  carry  out  their  designs  against 
the  government,  and  having  failed  up  to  the  present  time  to  manifest  a  penitent  spirit  for  the 
great  crime  committed  against  the  nation,  or  to  give  a  proper  and  sufficient  guarantee  of  future 
good  conduct,  I  cannot  but  give  it  as  my  opinion,  that  a  just  regard  for  our  national  safety 
in  time  to  come,  our  obligation  to  foster  and  encourage  throughout  the  southern  States  a 
proper  regard  and  affection  for  the  national  authority,  as  well  as  to  give  support  to  those 
who  are  and  have  been  loyal,  imperatively  demand  that  the  government  should  maintain 
its  present  control  of  the  States  lately  in  rebellion  until  satisfied  that  they  may,  without 
detriment,  be  intrusted  with  their  former  rights  and  privileges. 


WASHINGTON,  February  22,  1866. 
Thomas  Conway  sworn  and  examined. 

By  Mr  WILLIAMS: 

Question.  State  how  long  you  have  been  in  the  State  of  Louisiana,  what  position  you  oc 
cupied  there,  and  what  opportunity  you  had  to  ascertain  the  condition  of  things  in  that  State. 

Answer.  I  occupied  the  position  of  assistant  commissioner  of  Bureau  of  Refugees  and 
Freedrneu.  I  went  to  Louisiana  soon  after  General  Banks  was  placed  in  command  there, 
and  devoted  my  attention  and  time  mainly  to  the  organization  of  colored  troops,  or  the  corps 
d'Afrique,  as  we  called  them.  Soon  afterwards  I  was  put  in  charge  of  affairs  connected 
with  the  freed  men  by  order  of  General  Banks,  and  along  the  western  boundary,  or  that  por 
tion  of  Louisiana,  which  we  held  under  our  control  at  that  time ;  and  soon  after  that,  in 
August,  1864,  I  was  placed  in  entire  charge  of  the  freedmen  in  so  much  of  the  State  as  we 
then  occupied ;  and,  as  we  continued  to  drive  the  rebels  back,  not  only  in  Louisiana,  but  in 
Alabama,  my  jurisdiction  increased  in  accordance  with  the  increase  of  territory  acquired  by 
our  army.  Last  spring,  by  order  of  General  Oanby,  I  was  made  general  superintendent  of 
freedmen  for  all  the  State,  comprising  the  military  division  of  the  west  Mississippi,  which  in 
cluded  Texas,  Louisiana,  Alabama,  Mississippi,  and  West  Florida.  I  entered  immediately 
upon  the  discharge  of  the  arduous  duties  imposed  upon  me.  I  went  over  to  Alabama  and 
spent  three  or  four  weeks  there,  riding  from  one  plantation  to  another,  and  entered  a  portion 
of  Mississippi.  The  northwestern  portion  of  Mississippi  was  at  that  time  mainly  under  the 
control  of  General  Thomas.  The  southern  portion  I  had  charge  of,  and  operated  so  far  as 
my  facilities  admitted  at  the  time. 

Question.  When  did  you  leave  that  portion  of  the  country  ? 

Answer.  I  was  relieved  in  October  last,  by  order  of  General  Howard,  and  upon  the  ex  parte 
representations  of  rebels  in  Louisiana,  and  arrived  in  New  York  about  the  middle  of  No 
vember,  after  having  served  in  the  State  nearly  three  years. 

Question.  State,  if  you  please,  what  you  know  as  to  the  views  and  feelings  of  the  white 
people  in  that  region  of  country — those  who  have  heretofore  been  rebels — as  to  the  authority 
of  the  general  government,  and  also  as  to  whether  any  change  in  their  views  and  feelings 
are  manifest  since  hostilities  ceased ;  if  so,  what  that  change  is,  and  what  has  been  the  occa 
sion  of  it,  in  your  opinion. 

Answer.  In  the  neighborhood  of  Now  Orleans,  comprising  about  twenty  parishes  in  Loui 
siana,  which  we  have  mostly  controlled  since  the  time  of  General  Butler's  arrival,  there  has 
been,  to  my  knowledge,  a  considerable  loyal  element— not  an  element  which  became  loyal 
since  the  occupation  of  the  district  by  our  troops,  but  men  who  were  loyal  previously.  With 
those  who  sympathized  with  and  participated  in  the  rebellion,  (and  I  think  I  know  them  all,) 
I  was  brought  in  contact,  and  with  nearly  every  property-holder  in  the  State.  My 
communication  with  them,  and  my  knowledge  of  their  actions,  convinced  me  that  at 
heart  they  were  not  changed,  but  were  opposed  to  us  and  opposed  to  our  government — 
not  willing  to  make  their  opposition  physical,  but  secret  and  quiet.  They  do  now,  and 
always  have  thrown  every  possible  obstacle  in  the  way  of  our  work — men,  too,  ot 
whom  I  had  expected  better  things.  Some  of  the  leading  officers  of  the  State  down 
there — men  who  do  much  to  form  and  control  the  opinions  of  the  masses — instead  or 
doing  as  they  promised,  and  quietly  submitting  to  the  authority  of  the  government, 


FLORIDA— LOUISIANA—  TEXAS.  79 

engaged  in  issuing  slave  codes  and  in  promulgating  them  to  their  subordinates,  ordering  them 
to  carry  them  into  execution,  and  this  to  the  knowledge  of  State  officials  of  a  higher  character, 
the  governor  and  others.  And  the  men  who  issued  them  wrere  not  punished  except  as  the  mili 
tary  authorities  punish  them.  The  governor  inflicted  no  punishment  on  them  while  I  was 
there,  and  I  don't  know  that,  up  to  this  day,  he  has  ever  punished  one  of  them.  These 
codes  were  simply  the  old  black  code  of  the  State,  with  the  word  "slave"  expunged  and 
"negro"  substitiited.  The  most  odious  features  of  slavery  were  preserved  in  them.  They 
were  issued  in  three  or  four  localities  in  the  State,  not  a  hundred  miles  from  New  Orleans, 
months  after  the  surrender  of  the  confederate  forces,  and  years  after  the  issue  of  the  eman 
cipation  proclamation.  I  have  had  delegations  to  frequently  come  and  see  me — delega 
tions  composed  of  men  who,  to  my  face,  denied  that  the  proclamation  issued  by  Presi 
dent  Lincoln  was  a  valid  instrument,  declaring  that  the  Supreme  Court  would  pronounce 
it  invalid.  Consequently  they  have  claimed  that  their  negroes  were  slaves  and  would 
again  be  restored  to  them.  In  the  city  of  New  Orleans  last  summer,  under  the  orders  of 
the  acting  mayor  of  the  city,  Hugh  Kennedy,  the  police  of  that  city  conducted  themselves 
towards  the  freedmen,  in  respect  to  violence  and  ill  usage,  in  every  way  equal  to  the  old  days 
of  slavery ;  arresting  them  on  the  streets  as  vagrants,  without  any  form  of  law  whatever, 
and  simply  because  they  did  not  have  in  their  pockets  certificates  of  employment  from  their 
former  owners  or  other  white  citizens.  I  have  gone  to  the  jails  and  released  large  numbers 
of  them,  men  who  were  industrious  and  who  had  regular  employment ;  yet  because  they  had 
not  the  certificates  of  white  men  in  their  pockets  they  were  locked  up  in  jail  to  be  sent  out  to 
plantations  ;  locked  up,  too,  without  my  knowledge,  and  done  speedily  and  secretly  before  I 
had  information  of  it.  Some  members  of  the  seventy-fourth  United  States  colored  infantry, 
a  regiment  which  was  mustered  out  but  one  day,  were  arrested  the  next  because  they  did  not 
have  these  certificates  of  employment.  This  was  done  to  these  men  after  having  served  in 
the  United  States  army  three  years.  They  were  arrested  by  the  police  under  the  order  of 
the  acting  mayor,  Mr.  Hugh  Kennedy.  The  meetings  of  the  colored  people  during  a  portion 
of  the  summer  were  broken  up  whenever  they  were  continued  after  9  o'clock  at  night. 
There  was  an  order  issued  at  all  the  station-houses  in  the  city,  that  the  police  in  their  various 
beats  should  break  up  any  meetings  of  colored  people  held  after  9  o'clock,  and  in  some  places 
meetings  were  broken  up  and  the  worshippers  all  carried  off  to  jail.  This  was  done  violently, 
and,  on  account  of  it,  the  city  was  almost  reduced  to  a  state  of  riot  and  revolution,  the  col 
ored  people  having  been  unwilling  to  endure  the  persecution. 

Question.  They  were  religious  meetings  ? 

Answer.  They  were  religious  meetings  ;  yes,  sir.  An  order  was  subsequently  issued  by 
General  Canby,  called  forth  by  that  state  of  things.  It  was  to  the  effect  that  religious  meet 
ings  of  colored  people  were  to  be  treated  with  the  same  respect  in  every  particular  that  the 
white  churches  enjoyed  ;  that  they  were  to  be  equally  protected  and  respected  in  the  enjoy 
ment  of  their  proper  privileges.  I  came  down  the  Alabama  river  on  the  same  boat  with 
Captain  Semmes,  of  the  pirate  Alabama,  and  there  were  other  rebel  officers  with  him,  on  their 
way  home  from  the  surrender.  Semmes  and  the  other  ex-officers  with  whom  I  conversed, 
stated  that  they  acquiesced  simply  because  they  must  or  lose  their  lives;  that  they  submitted 
to  force,  but  still  believed  their  purposes  were  right,  and  the  means  used  for  accomplishing 
their  purposes  were  also  right,  and  that  they  should  always  think  so.  They  had  their  amnesty 
oaths  with  them,  and  the  provisions  of  those  oaths  required  different  conduct  of  them.  Most  of 
them  were  on  their  way  from  Montgomery,  Alabama,  to  New  Orleans,  and  they  indulged  in 
language  that  was  insulting  to  the  government,  and  for  which  they  would  have  been  arrested 


smartest  men  on  the  top  of  the  earth,"  language  that  I  noted  down  in  my  memorandum  book 
at  the  time.  In  New  Orleans  I  held  nearly  $100,000,000  worth  of  abandoned  property,  and 
the  holding  of  that  property  brought  all  the  former  owners  of  it  to  my  office  almost  daily,  for 
months,  seeking  for  its  restoration.  In  their  demands  for  it,  and  in  their  treatment  ot  me 
while  they  were  striving  to  have  it  returned,  they  evinced  a  spirit  of  defiance,  of  boldness, 
of  impudence  and  hostility  that  was  exceedingly  mortifying  to  me,  and  led  me  to  believe  that 
they  were  not  in  the  least  subdued  in  spirit  or  in  heart,  but  merely  submitted  to  force,  as  they 
told  me  repeatedly.  When  they  received  their  property  back,  it  was  mainly  by  having  special 
pardons :  they  would  sometimes  come  into  my  office,  and  in  one  or  two  instances  which  I  now  re 
call,  men  who  were  formerly  judges  of  district  courts  shook  their  pardons  over  my  head  to 
defy  me,  at  the  same  time  telling  me  that  they  had  the  order  of  President  Johnson  to  have 
their  property  restored,  and  that  they  did  not  care  for  anybody.  I  had  to  use  force  two  or  three 
•  times  to  get  some  of  these  men  out  of  my  office,  and  they  were  some  of  the  wealthiest  men  in 
the  State  and  the  leaders  of  public  opinion.  The  treatment  received  by  the  agents  I  sent  out 
into  the  country,  particularly  those  sent  to  establish  freedmen's  schools,  especially  in  the  Red 
river  country,  was  obstructive  and  crippling  to  our  efforts,  and  in  some  cases  hostility  and  vio 
lence  was  used.  At  one  time  I  sent  agents  to  the  Red  river  country;  they  were  driven  back 
to  the  boats,  and  told  that  if  they  attempted  to  establish  freedmen's  schools  they  would  not 
only  burn  down  the  school-houses,  but  that  they  would  kill  the  men  employed  to  erect  them, 
and  kill  the  men  who  employed  them.  These  parties  came  back  and  reported  to  me,  decliii- 


80  RECONSTRUCTION. 

ing  to  return  to  that  country  under  any  circumstances  whatever.  The  only  schools  we  suc 
ceeded  in  establishing  in  that  country  were  at  military  posts,  and  I  became  convinced  that  we 
could  not  establish  them  in  any  otuer  place  with  safety. 

Question.  State  what,  in  your  opinion,  was  the  effect  upon  these  people  of  the  system  of 
pardoning  that  was  adopted  by  the  government. 

Answer.  The  effect  was — as  I  know  full  well,  from  seeing  it  every  day  while  I  was 
there — after  pardons  began  to  be  issued,  it  emboldened  them,  and  encouraged  them  to  exhibit 
a  spirit  of  defiance  toward  officers  of  the  government,  and  toward  loyal  men  in  that  region. 
This  went  on  to  such  a  pitch  that  General  Canby  one  day  remarked  to  me  that  he  did  not 
think  loyal  men  could  long  remain  anywhere  outside  the  military  posts  ;  that,  in  his  judg 
ment,  in  ninety  days  there  would  not  be  a  loyal  man  anywhere  in  the  State,  except  in  close 
proximity  to  the  military.  General  Sheridan,  about  the  same  time,  came  one  day  into  my 
office,  and  in  speaking  of  the  hostility  manifested  by  the  rebels  in  the  city  towards  myself, 
said  :  "Mr.  Conway,  these  men  want  to  dri  e  us  away  from  here,  but  by  God  we  won't  go." 
General  T.  W.  Sherman,  who  commands  the  eastern  district  of  Louisiana,  formerly  the  de 
fences  of  New  Orleans,  told  me  before.  I  left  that  he  had  issued  an  order  requiring  all  big 
subordinates  to  report  from  time  to  time  the  temper  and  spirit  of  the  inhabitants,  as  to  whether 
they  appeared  to  evince  any  loyalty  to  the  government,  and  he  said  to  me  that  the  reports  he 
received  justified  him  in  believing  that  there  was  as  much  need  of  military  authority  to  pro 
tect  the  loyal  people  as  there  ever  was ;  that  there  was  as  much  need  of  military  power  to  keep 
the  rebels  in  order  and  subjugation  as  there  was  before  the  surrender.  In  the  streets  of  New 
Orleans,  a  few  days  before  I  was  relieved,  one  of  the  police  officers  of  the  city,  in  front  of  the 
same  block  where  my  headquarters  were,  went  up  and  down  the  street  knocking  in  the  head 
every  negro  man,  woman,  and  child  that  he  met,  tumbling  some  of  them  into  the  gutter,  and 
knocking  others  upon  the  sidewalks.  The  opposite  side  of  the  street  was  filled  with  men, 
most  of  whom  wore  gray  coats,  and  many  of  whom  I  knew  to  have  returned  from  the  rebel 
army.  This  policeman  was  cheered  by  the  crowd,  numbering  probably  some  two  hundred 
persons,  in  front  of  some  coffee-houses  there.  I  pitched  upon  him,  held  him,  and  told  him 
he  was  my  prisoner.  Immediately  some  of  the  guard  I  had  at  my  headquarters  came  round 
the  corner  to  assist  me  in  forcing  this  man  to  the  provost  marshal's  office.  The  crowd  made 
a  movement  to  get  between  the  colored  soldiers  and  myself,  leaving  the  policeman  with  hig 
club  to  make  such  demonstration  as  he  could,  and  to  get  the  better  of  me  if  possible.  A  colonel 
in  command  of  one  of  the  colored  regiments,  seeing  the  affair,  rushed  across  the  street, 
and  seeing  the  crowd  intending  to  keep  the  colored  troops  away,  ordered  them  to  stick  their 
bayonets  into  any  one  that  opposed  them,  and  when  they  came  up,  the  policeman  continuing 
his  obstinacy,  he  ordered  a  colored  soldier  to  stick  his  bayonet  into  him  if  he  did  not  move 
along,  which  the  colored  soldier  did,  and  in  that  way  he  was  taken  off  and  locked  up.  There 
were  in  the  crowd  many  leading  merchants,  who  seemed  to  be  delighted  at  what  the  police 
man  had  done,  and  exceedingly  mortified  and  maddened  because  we  had  succeeded  in  arrest 
ing  him.  The  man,  when  I  left  there,  was  locked  up  in  the  jail  connected  with  the  Freed- 
men's  Bureau,  and  has  since  been  tried,  I  believe. 
Question.  He  was  not  seriously  injured  by  the  stab  ? 

Answer.  No,  sir.  About  that  time,  in  some  regions  of  the  State,  I  received  information 
from  some  of  my  subordinates,  showing  that  the  planters  were  continuing  their  system  of 
flogging ;  that  in  some  places  the  stocks  were  still  in  use  and  persons  put  into  them  ;  in  other 
places  shooting,  whipping,  and  the  use  of  dogs  were  in  vogue.  One  justice  of  the  peace, 
not  far  from  the  city  of  New  Orleans,  sentenced  a  man,  for  the  crime  of  stealing  a  horse,  to 
receive  forty  lashes  on  his  bare  back.  I  received  the  sentence  in  his  own  handwriting  and 
sent  it  to  General  Canby. 

Question.  State  whether,  in  your  opinion,  Union  men,  black  or  white,  would  be  safe  in 
their  property  or  in  their  persons  in  the  State  of  Louisiana,  if  the  military  power  of  the 
United  States  were  withdrawn  ? 

Answer.  I  think  that  Union  men  in  that  State  would  not  be  safe  in  their  property  or  in 
their  persons  without  the  aid  of  the  military.  The  negroes  without  military  aid,  or  without 
the  aid  of  the  government,  would  not  be  able  to  secure  their  wages ;  no  justice  would  be 
shown  them,  and  they  would  be  murdered.  The  plans  and  measures  adopted  by  the  planters  of 
bringing  in  a  system  of  charges,  covering  a  great  portion  of  what  they  should  receive,  and 
sometimes  more  than  was  earned,  almost  invariably  .result  in  their  receiving  no  pay  at  all,  and 
in  the  consequent  dissatisfaction  on  the  part  of  th'e  freedmen.  In  almost  every  instance 
where  the  freedmen  show  any  feeling  or  evince  any  sense  of  wrong,  they  are  punished  se 
verely.  In  my  judgment  the  withdrawal  of  the  protection  of  the  government  from  these 
people  will  be  certainly  followed  by  the  grossest  wrongs,  violence  and  persecution,  and  the 
end  would  be  anarchy  in  the  southern  country  and  extermination  for  the  blacks — a  matter 
anxiously  looked  for  by  the  white  population. 

Question.  State  whether,  in  your  travels  through  that  region  of  country,  you  found  many 
men  who  had  lived  there  before  the  war  who  were  Union  men,  and  what  was  the  propor 
tion  of  men  who  were  true  to  the  government  during  the  war  to  those  who  were  rebels  ? 

Answer.  I  do  not  think  there  were  more  than  three  per  cent,  of  them  Union  men ;  I  am 
quite  sure  that  to-day,  in  Louisiana,  there  are  not  more  than  that  proportion  among  the  old 
residents  who  are  sincerely  loyal  to  the  government.  There  are  northern  men  there  in  large 


FLORIDA — LOUISIANA — TEXAS.  81 

numbers  living  near  military  posts,  such  as  Baton  Kouge,  New  Orleans,  Shreveport,  Port 
Hudson,  &c.,  who  have  stated  over  and  over  again  to  me  that  they  would  retire  from  their 
places  just  so  soon  as  the  military  were  withdrawn,  and  whenever  any  proposition  came, 
signed  by  large  numbers  of  planters,  a  counter  proposition  for  the  retention  of  the  military 
was  in  almost  every  instance  received  from  the  loyal  people. 

Question.  State  what  are  the  feelings  and  views  of  the  men  of  Louisiana  in  whose  hands 
the  State  and  county  authorities  are  at  this  time. 

Answer.  I  was  in  Governor  Wells's  headquarters  frequently  in  New  Orleans,  and  saw  him  give 
commissions  as  judges,  district  attorneys,  mayors  of  towns,  and  other  officers,  to  men  who  yet 
wore  their  confederate  uniforms,  and  many  of  whom  I  knew  had  scarcely  been  back  live 
days  from  the  rebel  army.  I  have  known  him  eject  men  from  their  offices  who  were  elected 
by  the  same  votes  which  elected  him,  simply  because  they  were  not  favorable  to  him  ;  and 
he  continued  in  this  until  every  loyal  man  was  out  of  office  there.  These  offices  were  filled. 
in  some  cases,  in  the  city  of  New  Orleans  especially,  by  men  who  had  not  been  in  the  rebel 
army,  but  who  were  regarded  in  New  Orleans  as  in  favor  of  the  rebellion — quietly  and  se 
cretly,  perhaps,  but  men  who  were  not  actively  and  openly  loyal.  I  had  occasion  once  or 
twice  to  complain  of  the  sending  of  these  officers  into  some  places  in  the  country,  and  that 
their  conduct  was  not  of  a  kind  to  encourage  loyalty,  or  to  protect  the  freedmen.  He  (the 
governor)  acknowledged  that  he  put  these  men  into  office  at  the  recommendation  of  men  in 
their  districts,  and  that  from  these  recommendations  he  felt  sure  they  were  good  men,  and 
said  he  should  retain  them.  I  frequently  attended  the  sittings  of  courts  in  and  out  of  New 
Orleans,  and  in  the  main,  found  that  so  far  as  justice  to  a  freedman  is  concerned,  it  is  a  pre 
tence  and  a  mockery. 

Question.  What  chances  for  an  election,  in  your  judgment,  would  a  man  in  that  State 
have  to  any  office  who  had  been  a  thorough-going  Union  man  during  the  war  ? 

Answer.  He  would  have  no  chance  at  all.  In  the  city  of  New  Orleans  the  man  would  get 
quite  a  number  of  votes,  but  any  attempt  to  elect  such  a  man,  even  in  the  city  of  New  Or 
leans,  would  be  rendered  null  by  the  violence  of  the  people,  without  the  presence  of  the  mili 
tary  authorities  there.  They  would  break  up  their  polls  and  destroy  their  ballots ;  and  I 
think  on  the  day  of  election  they  would  murder  the  parties  engaged  in  promoting  the  cause 
of  loyalty ;  but  I  think  that  with  the  aid  of  the  military  in  the  city  of  New  Orleans,  and  for 
ten  miles  around  the  city,  a  Union  man  might  receive  quite  a  good  vote,  and  with  the  aid  of 
colored  men,  if  allowed  to  vote,  be  sure  of  a  majority.  Outside  of  that  I  do  not  think  a 
loyal  man  would  dare  go  and  vote  for  a  candidate  who  had  been  always  loyal. 

Question.  What,  in  your  judgment,  would  have  been  the  effect,  if  there  had  been  a  rigid 
military  government  preserved  in  Louisiana  up  to  this  time,  upon  the  feelings  of  the  people  ? 
Would  it  have  increased  or  diminished  loyalty  in  the  State? 

Answer.  It  would  have  increased  it,  because  there  are  a  great  many  people  there  who  are 
controlled  principally  by  those  who  hold  office.  There  are  poor  people  who  work  for  the 
city  and  town  authorities,  who  are  the  mere  tools  of  those  who  employ  them.  After  a  loyal 
rule  there  of  two  or  three  years  they  showed  a  good  deal  of  loyal  inclination — as  much  as 
could  be  expected  from  people  of  such  low  character  and  capacity,  but  since  the  offices  have 
been  filled  with  disloyal  persons  they  have  accordingly  become  the  dupes  and  tools  of  these 
officials.  Just  as  soon  as  these  offices  were  filled  by  persons  of  that  stripe  the  conviction  ap 
peared  to  gain  ground,  that  to  have  been  in  the  rebel  army  previously,  or  to  have  done 
something  in  the  rebel  service,  was  a  recommendation  to  a  man.  I  know  that  when  I  left 
Louisiana  loyal  men  were  advised  that  it  was  best  for  them  in  the  street  not  to  make  any 
noisy  demonstrations  of  loyalty  under  any  circumstances.  I  have  seen,  myself,  in  Canal  street. 
such  men  as  Thomas  J.  Durant,  Mr.  Flanders,  and  Governor  Hahn  passing  up  and  down  the 
streets,  who  would  be  the  objects  of  sneers  and  curses  by  men  wearing  gray  coats,  and  these 
men  would  give  other  evidences  of  their  spite  towards  them,  making  life  there,  as  it  is  to-day, 
very  disagreeable  to  a  loyal  man.  There  are  no  physical  or  violent  demonstrations,  but  the 
whole  mass  of  the  people  look  upon  a  man  who  has  made  any  demonstrations  of  unconqiier- 
able  devotion  to  the  government  as  a  fit  sTibject  for  sneers  and  abuse.  It  is  a  system  of  tor 
ment  and  a  life  of  torment  bordering  on  hell  itself.  I  myself,  in  walking  the  streets,  after  the 
news  came  that  I  had  been  relieved,  was  advised  by  my  friends  never  to  be  out  after  sun 
down.  I  was  contemplating  a  trip  to  the  north  by  the  Mississippi  river,  but  I  was  told  by 
hundreds  of  loyal  men  many  times,  that  there  were  men  who  said  that  if  I  ever  went  up  the 
river  they  would  take  my  life,  and  I  was  compelled  to  take  passage  in  one  of  the  ocean  steam 
ers  and  come  home  by  that  route.  Many  of  these  wealthy  men  held  me  responsible  for  tak 
ing  away  their  property  or  for  seizing  it,  and  consequently  their  bitterness  towards  me  was 
hardly  equalled  by  their  bitterness  towards  General  Butler.  Many  loyal  men  in  Louisiana, 
to-day,  even  in  the  presence  of  our  military  forces,  are  living  lives  of  continual  torment  from 
the  viudictiveness  and  bad  temper  of  these  people.  Whenever  they  meet  them  on  the  street  or 
elsewhere,  they  annoy  and  insult  them.  In  riding  in  the  Star  cars,  (to  which  colored  people 
are  admitted,)  when  a  negro  enters,  I  have  frequently  heard  them  call  him  "Freedman's 
Bureau,"  and  sneer  at  him,  and  curse  him.  In  some  cases  they  have  allowed  him  to  get  on 
to  one  of  these  cars  long  enough  to  pay  his  fare,  and  then  kick  him  out.  In  some  instances 
while  I  was  riding  in  these  cars,  in  citizen's  clothes,  and  I  have  attempted  to  interfere,  I 
met  with  insults,  and  once  I  was  kicked  out  of  a  car  myself  for  attempting  to  shield  a  freed- 

6  F  L  T 


82  RECONSTRUCTION. 

man  in  the  enjoyment  of  his  rights.  I  looked  around  for  the  provost  guard  or  police  to  arrest 
the  driver,  but  it  was  storming1  pretty  severely.  I  failed  to  take  the  number  of  the  car,  and 
the  matter  rested  in  that  way.  I  reported  the  affair  to  General  Sherman,  and  to  the  officers  of 
the  railroad  company,  but  nothing  further  came  of  it. 

Question.  What  are  the  views  and  feelings  of  the  people  there  in  reference  to  allowing  the 
1'reedmen  to  own  lands  or  have  schools  ? 

Answer.  The  feeling  there  is  unanimous  that  they  shall  not  own  an  inch  of  land  or  have 
any  schools.  They  are  more  hostile  to  the  establishment  of  schools  than  they  are  to  owning 
lands.  They  had  broken  up  some  of  our  schools  at  the  time  of  my  departure,  and  since  then 
I  have  official  reports  from  those  who  have  charge  of  the  schools  that  upon  the  withdrawal 
of  the  military  from  the  parishes  of  St.  Mary  and  Lafourche  the  freedmen's  school-houses 
in  those  parishes  were,  before  night,  burnt  or  pulled  down,  the  schools  disbanded,  and  the 
teachers  frightened  away.  This  statement  was  made  to  me  by  the  general  superintendent  of 
schools  for  freedmcn  in  that  State.  It  wras  my  determination  that  these  schools  should  be  es 
tablished  and  maintained  that  worked  my  removal  from  office.  It  was  also  my  deter 
mination  that,  under  the  act  of  March  3,  1865,  relative  to  the  public  lauds,  these  freed- 
men,  where  they  were  able  to  purchase  or  lease  lands  and  carry  on  farming  operations, 
should  enjoy  the  benefit  of  that  act,  which  led  these  people  to  conspire  for  my  removal. 
There  was  scarcely  a  newspaper  in  the  State  that  did  not  charge  me  with  inaugurating  a 
system  of  insurrection  and  conspiracy  on  a  gigantic  scale;  establishing  armed  negro  colonies 
in  their  midst,  and  attempting,  with  the  aid-of  the  military  force,  to  keep  up  negro  schools, 
throwing  upon  me  all  the  odium  they  attached  to  the  system,  instead  of  attributing  it 
to  the  law  of  Congress  which  I  was  simply  endeavoring  to  carry  out,  as  directed 
by  General  Howard ;  and  to  so  great  an  extent  was  the  animosity  of  these  people  stirred 
up  by  these  statements  and  appeals,  that  I  felt  I  could  not  live  there ;  that  they  would 
murder  me  in  some  way  or  other.  Under  this  act  of  Congress,  when  ordered  by  General 
Howard  to  carry  it  into  execution  as  far  as  practicable,  I  proceeded  to  make  inquiries  into 
the  means  in  the  possession  of  families  of  freedmen  to  ascertain  how  many  of  them  were 
able  to  purchase  or  work  the  forty  acres  allowed  in  the  law.  It  was  my  purpose  to  appor 
tion  these  lands  to  them,  as  directed  by  General  Howard,  and  it  appeared  that  my  conduct 
was  condemned  by  the  President  and  General  Howard  together.  But  that  purpose,  as  I 
have  said,  resulted  in  every  possible  persecution  and  misrepresentation;  and  the  governor 
of  the  State,  instead  of  sustaining  me,  sent  extracts  from  the  rebel  papers  to  the  President, 
charging  me  with  doing  what  in  reality  was  done  by  act  of  Congress,  or  what  was  ordered 
by  my  superiors  in  office.  General  Howard  did  not  sustain  strict  compliance  with  his  own 
directions,  but  left  me  to  bear  the  odium  growing,  in  the  first  place,  from  his  conduct. 

Question.  At  whose  instance  and  by  whose  authority  were  you  relieved  ? 

Answer.  The  planters  of  Louisiana,  excepting  those  who  are  loyal,  and  the  governor  of 
the  State,  acting  as  their  agent,  secured  my  removal  by  ex  partc  representations  made  to  the 
President,  who  sent  them  to  General  Howard,  and  I  was  relieved  by  his  order.  The  chief 
commissioner  wrote  me  about  the  time  I  was  relieved,  approving  my  conduct.  He  told  me 
on  my  arrival  here  that  the  planters  of  Louisiana  made  such  demands,  and  that  such  demon 
strations  were  made  by  Governor  Wells,  that  the  President  two  or  three  times  sent  the 
papers  over  to  him,  and  he  found  he  must  remove  me  or  break  with  the  President.  The 
President  received  these  papers  without  calling  for  any  information  from  me,  and  to  this  day 
has  not  called  upon  me  for  any  statement  as  to  the  truthfulness  of  the  charges  made  against 
me.  I  know,  from  one  of  the  governor's  secretaries,  that  a  number  of  planters  had  stated 
that  if  it  cost  millions  of  dollars  I  must  be  gotten  out  of  my  office,  and  the  next  morning 
the  governor  wrote  a  violent  letter  to  the  President,  which  was  the  mainspring  in  my  removal. 
Just  about  that  time  I  received  a  communication  from  General  Howard,  in  which,  referring 
to  my  reports  of  the  outrages  committed  by  these  rebel  planters,  he  said  to  me,  "Do  not 
allow  slavery  to  get  the  upper  hand  of  you  in  any  particular."  I  was  under  the  impression 
from  this  order  that  the  determination  of  the  government  was  to  maintain,  at  all  hazards, 
the  freedom  of  the  negro,  and  to  do  so  in  such  manner  as  to  let  the  rebels  know  that  his 
freedom  was  on  the  same  scale  as  that  of  the  white  man;  and  I  was  laboring  in  accordance 
with  these  orders.  I  knew  that  I  was  a  friend  of  freedom,  but  this  order  caused  me  to  think 
I  was  not  radical  enough  to  suit  the  President  or  General  Howard.  But,  suddenly,  the 
very  power  which  gave  my  instructions  censured  me,  and  removed  me  for  acting  in  strict 
obedience  to  them.  This  was  the  first  experience  of  this  kind  that  I  had.  Prior  to  this  I 
had  found  that  obedience  to  orders  and  faithful  discharge  of  duty  would  secure  the  pleasure 
and  not  the  censure  of  my  superiors. 

Question.  What,  in  your  judgment,  would  be  the  effect  of  the  withdrawal  of  the  Freed 
men's  Bureau  or  some  organization  or  system  like  that  from  Louisiana  ? 

Answer.  I  should  expect  in  Louisiana,  as  in  the  whole  southern  country,  that  the  withdrawal 
of  the  Freedmen's  Bureau  would  be  followed  by  a  condition  of  anarchy  and  bloodshed,  and  I 
say  that  much  in  the  light  of  as  large  an  experience  upon  the  subject  as  any  man  in  tlie 
country.  I  have  been  in  the  army  since  the  19th  of  April,  1801 ;  I  have  been  over  the 
whole  country,  almost  from  Baltimore  to  the  Gulf.  I  was  one  of  the  first  who  held  any 
official  position  in  regard  to  the  frcedmeu,  and  I  am  pained  at  the  conviction  I  have  in  my 
own  mind  that  if  the  Freedmen's  Bureau  is  withdrawn  the  result  will  be  fearful  in  the  ex- 


FLORIDA — LOUISIANA — TEXAS.  83 

i  v 

treme.  What  it  has  already  clone  and  is  now  doing  in  shielding  these  people,  only  incites  the 
bitterness  of  their  foes.  They  will  be  murdered  by  wholesale,  and  they  in  their  turn  will 
defend  themselves.  It  will  not  be  persecution  merely ;  it  will  be  slaughter ;  and  I  doubt 
whether  the  world  has  ever  known  the  like.  These  southern  rebels,  when  the  power  is 
once  in  their  hands,  will  stop  with  nothing  short  of  extermination.  Governor  Wells  himself 
told  me  that  he  expected  in  ten  years  to  see  the  whole  colored  race  exterminated,  and  that 
conviction  is  shared  very  largely  among  the  Avhite  people  of  the  south.  It  has  been  threatened 
by  leading  men  there  that  they  would  exterminate  the  freedmen.  They  have  said  so  in 
my  hearing.  In  reply  I  said  that  they  could  not  drive  the  freedmen  out  of  the  nation,  be 
cause,  in  the  first  place,  they  would  not  go  ;  and  for  another  reason,  that  they  had  no  authority 
to  drive  them  out;  and  for  a  third  reason,  that  they  were  wanted  in  the  south  as  laborers.  To 
that  they  replied,  that,  if  necessary,  they  would  get  their  laborers  from  Europe ;  that  white 
laborers  would  be  more  agreeable  to  them  ;  that  the  negro  must  be  gotten  rid  of  in  some 
way,  and  that,  too,  as  speedily  as  possible.  I  have  heard  it  so  many  times,  and  from  so  many 
different  quarters,  that  I  believe  it  is  a  fixed  determination,  and  that  they  are  looking  anxiously 
to  the  extermination  of  the  whole  negro  race  from  the  country.  There  is  an  agent  here  now, 
with  letters  from  the  governor  of  Louisiana  to  parties  in  New  York,  with  a  view  of  entering 
at  once  upon  negotiations  to  secure  laborers  from  various  parts  of  Europe.  There  are  other 
parties  endeavoring  to  get  coolies  into  the  south,  and  in  various  places  there  are  immense 
efforts  made  to  obtain  white  labor  to  supplant  that  of  the  negro.  It  is  a  part  of  the  immense 
and  desperate  programme  which  they  have  adopted  and  expect  to  carry  out  within  ten  years. 
It  is  the  same  determination  to  which  I  referred  in  my  report.  I  said  the  negro  race  would 
be  exterminated  unless  protected  by  the  strong  arm  of  the  government ;  no  weak  arm  will  do. 
The  very  strongest  arm  of  the  government  is  needed  to  shield  them.  The  wicked  work  has 
already  commenced,  and  it  could  be  shown  that  the  policy  pursued  by  the  government  is 
construed  by  the  rebels  as  not  being  opposed  to  it. 

Question.  What  action  do  you  think  these  people  would  take  in  case  of  a  foreign  war? 
Do  you  think  they  would  be  true  to  the  flag  of  our  government,  or  not? 

Answer.  I  do  not  think  they  would  aid  the  flag.  I  think  that  instead  of  aiding  the  gov 
ernment,  the  leaders  of  opinion  in  the  south,  so  far  as  I  know  them,  would  welcome  a  foreign 
war  and  assist  our  enemies.  I  am  convinced  that  they  believe  the  ultimate  separation  of  the 
south  is  to  be  accomplished ;  that  it  is  destined  in  the  nature  of  things  ;  first,  by  the  forma 
tion  of  the  country,  and  by  the  superior  character  claimed  for  the  southern  people;  and,  second, 
they  think  something  must  occur  by  which  it  will  be  accomplished.  I  think  that  this  feeling 
would  control  them,  and  that  if  they  believe  it  could  be  accomplished  by  means  of  a  foreign  war 
they  would  welcome  that ;  if  by  pestilence,  they  would  welcome  that ;  if  by  wicked  devices, 
by  which  to  bring  about  internal  convulsions  among  our  own  people,  they  would  welcome 
that ;  anything  to  gain  the  desired  end. 

Question.  What  is  their  opinion  as  to  the  willingness  of  the  negro  to  work,  or  his  capacity 
to  take  care  of  himself  without  physical  compulsion? 

Answer.  I  think  they  have  an  almost  universal  conviction  that  he  is  not  able  to  take  care 
of  himself;  that  he  must  have  a  master  in  some  shape  or  other.  My  own  opinion  and 
knowledge  is  that  he  is  able  to  take  care  of  himself,  and  that  there  are  fewer  paupers  among  the 
negroes  in  Louisiana  than  among  the  whites ;  and  this  has  been  the  case  during  all  my  ex 
perience  there.  When  we  issued  ten  thousand  rations  to  white  people,  we  were  issuing  five 
hundred  to  the  freedmen  in  charge  of  the  bureau. 

Question.  Are  the  people  there  disposed  to  resort  to  personal  violence  or  chastisement  to 
compel  the  negroes  to  work  now  ? 

Answer.  They  are  so  disposed  in  nearly  every  instance.  A  resort  to  violence  is  the  first 
thought  that  I  have  seen  exhibited  when  freedmen  did  not  act  exactly  to  suit  the  employer. 
The  planters  frequently  came  to  me  with  requests  (in  fact,  it  was  almost  daily)  to  be  allowed 
to  correct  the  laborers  on  their  own  plantations.  It  is  the  universal  conviction,  and  the  uni 
versal  purpose  with  them,  too,  to  do  that  so  far  as  they  are  allowed  to  do  it;  and,  so  far  as 
they  can,  they  will  do  it.  The  only  constraint  put  upon  them  in  regard  to  it  is  through  the 
agency  of  the  Freednien's  Bureau.  Without  that,  I  am  satisfied,  they  would  very  rapidly 
return  to  the  old  system  of  slavery.  In  some  portions  of  the  State  of  Louisiana,  now,  they 
have  organized  patrols  of  mililiamen,  who  go  up  and  down  the  roads  the  same  as  if  they 
were  scouting  in  time  of  war,  to  prevent  the  negroes  from  going  from  one  place  to  another. 
I  am  satisfied,  from  the  most  reliable  reports,  that  under  the  most  strict  rules  of  evidence  it  could 
be  proved  that  in  portions  of  the  State  these  acts  are  being  done  the  same  as  under  the  old  sys 
tem  ;  that,  except  as  regards  buying  and  selling,  the  old  system  of  slavery  is  being  carried 
on  in  all  its  essentialjfeatures,  and  that  there  is  a  deep-rooted  determination,  arising  from  the 
old  habits  of  treating  the  negro,  to  continue  the  same  treatment  and  the  same  restrictions  that 
existed  prior  to  the  war.  The  Freedmen's  Bureau  was  regarded  by  the  planters  in  Louisiana, 
in  the  language  of  one  of  their  leaders,  as  a  "conservative  machine."  This  arose  from  the 
conduct  of  General  Fullerton,  whom  the  President  sent  to  relieve  me. 

Question.  What  is  your  opinion  as  to  the  extent  of  general  knowledge  among  the  freed 
men  ;  and  what  is  their  capacity  for  understanding  their  rights  and  the  questions  that  are 
being  agitated  in  the  country  ? 

Answer.  I  have  taken  a  great  deal  of  pains  to  secure,  for  my  own  satisfaction,  accurate 


84  RECONSTRUCTION. 

information  on  tlmt  subject,  and  I  have  questioned  the  lowest  and  meanest  of  them  as  to  their 
ideas  of  liberty  and  their  duty  as  citizens ;  and  I  have  never  yet  found  any  view  cxpv. 
byjlhem,  or  any  evidence  through  their  answers  or  conduct,  which  led  me  to  think  they  were 
any  lower  or  more  ignorant  than  the  lower  order  of  the  white  people  who  live  down  there,  or 
that  they  had  any  less  accurate  knowledge  of  government  ana  duty  toward  it  than  the  lower 
class  of  white  people.  I  have  seen  very  ignorant  white  people  there  who  had  all  the  privi 
leges  of  citizenship.  I  have  seen  them  go  to  the  polls  and  vote,  when  they  had  no  better 
idea  of  the  questions  at  issue  in  the  election,  or  the  importance  of  the  act  they  were  perform 
ing,  than  the  lowest  negro  I  ever  saw.  The  great  majority  of  colored  people  understand  very 
well,  and  have  a  very  accurate  idea  of  what  their  personal  liberty  is,  and  how  far  it  is  to  be 
regulated  in  order  to  be  a  blessing  to  them,  and  a  very  good  idea  of  their  duty  as  citizens. 
Triey  have  one  idea  which  underlies  every  other,  and  that  is,  that  notwithstanding  the  treat 
ment  they  receive  at  the  hands  of  the  government,  and  the  want  of  complete  protection  and 
complete  liberty  the  government  has  so  far  caused  them  to  suffer,  they  believe  that  it  will 
yet  secure  them  full  protection,  full  liberty,  and  a  full  enjoyment  of  all  their  rights  as  citizens 
and  as  men  ;  and  they  are  working  very  energetically  in  Louisiana  for  the  attainment  of 
that  purpose.  They  have  their  societies  and  clubs,  in  which  they  canvass  very  carefully 
every  act  of  the  government  in  regard  to  them,  and  in  regard  to  the  rebels  who  live  all  around 
them.  They  read  the  newspapers  pretty  generally.  I  believe  two-thirds  of  the  negroes  in 
Louisiana  can  read.  They  publish  a  newspaper  there,  read  it,  and  sustain  it.  With  the 
use  of  schools,  and  the  diligence  they  manifest  in  learning,  it  will  not  be  many  years  before 
as  large,  if  not  a  larger,  proportion  of  them  will  be  able  to  read  than  of  the  whites.  There- 
is  great  eagerness  and  diligence  in  learning  among  them,  which  arises  partly  from  the  sud 
denness  of  the  opportunity  presented,  and  in  part  from  a  desire  to  ascertain  precisely  what 
the  government  is  doing  for  them,  and  how  they  can  best  live  as  men  and  citizens  ought  to 
live.  These  reasons,  I  think,  mainly  explain  the  causes  of  the  desire  they  manifest  in  this 
regard,  and  the  result  will,  I  think,  be  their  nearly  all  becoming  quite  intelligent  in  a 
short  time. 

Question.  What,  in  your  opinion,  would  be  tho  effect  upon  whites,  blacks,  and  all  con 
cerned,  of  giving  the  negro  the  right  Jo  vote  ? 

Answer.  I  do  not  think  the  effect  would  be  to  inaugurate  a  war  of  races  there,  for  this 
reason:  Tho  negroes  are  so  numerous,  and  they  would  be  so  intensely  determined  to  enjoy 
what  rights  they  have  in  that  respect,  that  the  whites  would  submit,  seeing  the  impossibility 
of  preventing  it,  and  for  the  purpose  of  avoiding  collisions  and  bloodshed  in  the  country. 
The  lives  and  safety  of  loyal  white  men  require  the  protection  and  assistance  that  would 
grow  from  the  negro's  vote.  I  think  the  troops  should  be  retained,  and  that  small  squada  uf 
them  should  be  stationed  all  through  the  country,  so  as  to  shield  the  freedmen  in  the  enjoy 
ment  of  this  right  till  the  whites  have  become  familiar  with  it.  The  militia  forces  should  not 
be  organized  in  the  south  during  this  generation.  These  things  being  done,  my  judgment  is 
that  there  would  be  no  trouble  at  all.  On  the  contrary,  it  would,  in  a  more  speedy  and 
thorough  manner  than  any  other,  secure  permanent  peace  and  prosperity  to  the  country,  h: 
the  present  condition  of  things  there  they  cannot  hope  for  peace  or  prosperity,  because  loyal 
men  cannot  remain  without  the  protection  of  the  government,  and  the  negroes  have  no  saii-tv 
in  the  protection  of  their  white  foes.  When  the  negroes  come  to  see  that  their  own  Jit'c  and 
liberty  are  to  be  sacrificed,  they  will  struggle  manfully  against  such  a  result,  and  they  will 
importune  the  government,  and  call  upon  mankind  to  be  their  witness,  until  liberty  and 
.safety  are  insured  them ;  they  will  persevere  devotedly  until  their  rights  are  accomplished. 
There  are  so  many  of  them,  and  so  many  white  people  to  help  them,  I  don't  see  how  the 
government  can  resist  giving  them  every  protection  warranted  by  the  Constitution.  Cer 
tainly,  so  long  as  it  is  not  accomplished  a  very  large  military  force  will  have  vo  be  kept  up : 
a  large  standing  army  will  have  to  be  maintained  for  years  and  years  to  protect  the  country 
against  anarchy,  violence,  and  bloodshed.  I  think,  to-day,  if  there  were  a  suitable  military 
force,  and  an  extension  of  suffrage  so  that  the  black  man  could  vote  in  accordance  with  the 
same  rules  that  control  the  votes  of  white  men,  it  would  be  an  end  to  the  whole  conflict. 
The  negroes  in  Louisiana,  and  many  loyal  white  men  who  are  friendly  to  their  claims  f.-r 
justice,  will  not  rest  till  the  ballot  is  in  their  hands ;  and  a  denial  of  this  right  will  positively 
bring  more  trouble  than  if  it  were  enjoyed  by  them.  The  best  loyal  men  in  New  Orleans 
are  the  colored  men,  and  they  are  most  capable  of  being  intrusted  with  the  interests  ot  the 
government  there.  There  are  among  them  men  who  are  the  graduates  of  colleges ;  the  owners 
of  property ;  men  who  are  fine  scholars,  and  capable  of  taking  a  stand  alongside  of  the  MM 
white  men  in  the  country.  There  arc  traitors  there  to-day,  white  men  holding  offices  of  trust  under 
the  State  government  and  under  the  government  of  the  United  States,  who  were  disloyal, 
and  who  now  hate  the  freedom  of  the  negroes.  The  mayor  of  the  city  of  New  Orleans  is  one 
of  these— a  rebel,  I  know.  He  is  an  officer  appointed  by  the  military  power  of  the  govern 
ment.  He  w  as  not  elected  by  the  people,  but  is  maintained  there  by  virtue  of  the  authority 
of  the  President.  I  do  not  think  it  would  be  at  all  a  dangerous  thing  to  expedite  the  exten 
sion  of  suffrage  to  the  blacks.  I  do  not  see  how  the  relations  of  the  southern  States  to  tt 
loyal  States  of  the  Union  will  ever  be  permanently  or  satisfactorily  settled  until  the  loya. 
men  there  are  able,  by  the  exercise  of  the  elective  franchise,  to  be  in  the  majority.  In  this 
manner  I  expect  that  pleasant  relations  can  be  brought  about  between  the  southern  States 


FLORIDA LOUISIANA — TEXAS.  85 

and  the  loyal  States  of  the  Union,  but  I  see  of  no  other  way  in  which  this  result  can  be 
done  consistent  with  justice  or  good  policy. 

Question.  State  fully  what  you  know  as  to  abandoned  property  in  the  State  tf  Louisiana. 

Answer.  I  held  about  eighty  plantations,  and  about  the  finest  plantations  in  the  State,  in 
my  hands,  either  as  confiscable  or  abandoned — most  of  them  abandoned — and  also  two  or 
three  hundred  houses  and  lots.  I  received  these  by  transfer  from  the  Treasury  Department, 
and,  when  received,  they  were  leased  out,  some  for  one  month  and  others  for  one  year.  I 
used  some  of  these  plantations — four  or  five  of  them — as  colonies  for  aged  and  infirm  freedmen, 
and  worked  them  with  a  view  of  their  bringing  us  in  considerable  profit,  by  means  of  which 
we  could  render  the  bureau  self-supporting.  I  had  very  good  crops,  and  every  negro  con 
sidered  unfit  for  ordinary  plantation  work,  as  well  as  those  who  were  able-bodied,  Averc  com 
pelled,  while  under  niy  care,  to  do  something  on  these  farms,  so  that  their  day's  work  always 
more  than  compensated  for  their  rations,  medical  attendance,  school  and  other  expenses ; 
and  that  in  this  way,  as  well  as  by  the  rents  we  received  for  tenements  and  dwellings  in  the 
vicinity  of  New  Orleans  and  other  cities,  instead  of  being  a  charge  upon  the  government,  we 
were  entirely  able  to  maintain  ourselves.  The  surrender  of  this  property,  almost  by  whole- 
sala,  in  pursuance  of  orders  from  here,  crippled  the  bureau  in  its  operations,  and,  for  a  time, 
threw  everything  into  confusion.  The  schools  were  ordered  to  be  discontinued  on  the  first 
day  of  February  of  this  year,  and  the  whole  policy  seemed  to  change  from  punishment  of 
treason  to  universal  pardon  and  surrender  of  property.  About  the  time  this  property  was 
given  up  the  schools  for  the  freedmen  had  to  be  given  up  for  want  of  means.  The  owners  of 
that  property  were  mostly  persons  who  have  been  engaged  in  the  rebel  army,  and  many 
of  them  were  men  who  had  fitted  out  small  armies  themselves — men  of  great  wealth ; 
and  the  men  who  owned  the  largest  amounts  of  property,  and  the  men  of  greatest  influ 
ence,  were  those  men  who  first  came  to  me  with  pardons ;  while  the  men  who  owned  the 
least  property,  who  were  the  poorest  ot  all,  were  those  whose  pardons  I  neither  saw  nor 
heard  of  while  I  was  there  ;  and  the  property  of  the  poorest  remained  in  my  hands  and  was 
not  given  up.  The  first  piece  of  property  I  gave  up  belonged  to  the  wealthiest  family  in  the 
State.  The  property  given  up  in  the  course  of  about  a  week  covered  about  half  a  million  dollars  ; 
in  fact  each  property -holder  seemed  to  have  priority  almost  in  proportion  to  his  wealth,  so 
that  it  seemed  almost  as  if  that  had  been  observed  as  the  gauge  of  pardons  ;  not  that  I 
think  it  was  so,  but  it  seemed  to  be  so  in  appearance.  It  was  a  source  of  vexation  to  us, 
that  poor  people  who  were  really  driven  into  the  rebel  army,  and  consequently  had  their  little 
property  taken,  were  those  who  had  to  wait  until  the  last  to  get  their  property  returned. 
Many  applied  for  pardons,  but  were  not  possessed  of  means  enough  to  defray  the  expense  of 
coming  on  here  to  secure  them,  and  their  property  is  still,  in  many  instances,  held  by  the 
government.  But  the  wealthy  class  who  came  back  with  pardons  came  Avith  more  hostility 
to  the  government  than  any  others,  so  far  as  my  observation  Avent.  The  amount  of  property 
Ave  held  there  at  one  time  Avas  nearly  a  hundred  million  dollars'  AA'orth — more,  by  far,  than  Avas 
held  in  any  other  State. 

Question.  HOAV  much  of  that  has  been  restored  to  the  rebels  ? 

AusAver.  I  think  about  ninety  per  cent. ;  I  do  not  think  that  more  than  five  per  cent,  is 
still  retained  by  the  bureau.  General  Fullerton,  AA'ho  succeeded  me,  told  me  he  had  priArate 
instructions  from  President  Johnson  concerning  this  and  other  matters.  He  gave  up  pro 
perty  with  scarcely  any  examination,  and  the  rebels  all  over  the  State  seemed  to  think  he 
Avas  sent  to  them  as  a  special  friend. 

Question.  HOAV  much  of  that  belonged  to  persons  coming  under  Avhat  is  knoAvu  as  the 
$20,000  class  in  the  President's  proclamation? 

AnsAver.  I  think  nearly  one-half  of  it  belonged  to  persons  Avho  came  under  that  excep 
tion  and  Avho  had  received  special  pardons.  The  possession  of  a  special  pardon  ahvays 
seemed  to  bo  taken  to  justify  these  people  in  the  use  of  the  most  bitter  language  tOAA'ards  the 
government,  and  the  most  offensive  conduct  toAvards  its  officers. 

Question.  Can  you  suggest  any  remedy,  or  AA-hat,  in  your  opinion,  is  the  best  remedy  or 
course  to  be  adopted  by  the  gOA'ernment  at  this  time  for  the  state  of  things  you  haAre  de 
scribed  in  that  State  ? 

AnsAver.  I  think  a  strong  military  establishment  is  the  first  great  necessity  ;  but  a  perma 
nent  settlement  of  the  Avhole  difficulty  lies  in  an  extension  of  the  right  of  suffrage  to  the  col 
ored  man.  Then  loyal  men  Avould  undoubtedly  be  elected  to  office  in  sufficient  numbers  to 
secure  the  rights  of  loyal  men  and  the  interests  of  the  government  of  the  United  States,  and 
it  Avould  inaugurate,  in  the  most  speedy  and  effective  manner,  harmonious  relations  betAvcen 
the  southern  States  and  those  States  which  Avere  always  loyal  to  the  Union.  I  have  given 
that  subject  the  most  careful  and  extensiATe  consideration,  and  I  have  not  been  able  to  deri\re 


any  other  conclusion  as  to  the  safety  of  the  loyal  Avhites  and  blacks,  and  the  establishment 
of  satisfactory  relations  betAveeu  the  States  of  the  Union.  The  extension  of  equal  rights  to 
all  our  citizens  Avill  save  us ;  I  cannot  see  IIOAV  anything  else  Avill  do  it  effectiA'ely.  Military 
pOAver  will  not  do  it ;  it  will  do  some  good,  but  it  Avill  be  very  costly,  very  disagreeable,  and 
uncertain  as  to  its  effects  upon  the  condition  and  relations  of  the  people;  Avhereas,  the  other 
Avoujd  be  a  permanent  settlement  of  the  Avhole  question.  I  think  you  Avill  find  the  same  tes 
timony  and  the  same  opinion  expressed  tyy  every  unconditional  friend  of  freedom  in  Louisi 
ana,  many  of  whom  Avere  once  opposed  to  suffrage  for  the  negroes,  but  AA'ho  cannot  noAv  see, 


86  RECONSTRUCTION. 

any  other  \vsiy  of  giving1  permanent  protection  to  their  lives  and  property  than  in  its  enjoy 
ment  by  the  blacks.  Without  the  settlement  of  that  question,  the  loyal  men  will  eventually 
have  to  remove  away  from  there.  Some  of  the  old  residents  of  New  Orleans  have  already 
written  to  me,  requesting  me  to  aid  them  in  the  purchase  of  homes  in  New  York  or  Philadel 
phia,  where  they  can  reside  in  peace,  with  permanent  safety  and  protection  for  themselves 
and  their  families.  Nearly  every  office  in  the  State  is  held  by  men  who  aided  the  rebellion, 
and  those  who  loved  the  government  of  the  United  States  all  through  the  darkest  and  most 
dangerous  of  its  hours  are  to-day  the  least  protected  or  respected,  so  that  they  think  of 
moving  aAvay  from  the  State  as  their  only  hope  of  happiness  or  peace. 


WASHINGTON,  February  28,  1856. 

John  T.  Allen  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  Have  you  resided  in  the  State  of  Texas  ;  and  if  so,  how  long,  and  what  have  been 
your  opportunities  for  ascertaining  the  spirit  and  temper  of  the  people  there  towards  the  gen 
eral  government? 

Answer.  I  went  to  Austin,  Texai,  in  1850;  lived  there  until  June,  1863;  I  then  left  and 
went  to  Louisiana ;  returned  to  Texas  in  August,  1865,  and  remained  there  until  the  26th  Jan 
uary,  1866. 

Question.  What  was  the  occasion  of  your  leaving  Texas  in  1863? 

Answer.  I  was  ordered  to  report  as  a  conscript  to  the  conscript  officer  of  the  confederacy 
there.  Not  being  willing  to  do  so,  I  got  on  my  horse  and  started  for  New  Orleans. 

Question.  State  as  succinctly  as  you  can  what  you  know  of  the  feelings  and  disposition  of 
the  people  in  Texas  at  this  time  towards  the  government. 

Answer.  It  is  a  very  difficult  matter  to  state  distinctly  my  ideas  upon  that  subject.  I  be 
lieve  the  county  in  which  I  live  was  as  loyal  as  any  county  in  the  State  at  the  beginning  of 
the  rebellion — perhaps  more  so  than  any  other.  A  large  portion  of  the  loyal  element  there 
embraced  men  of  ability,  wealth  and  influence,  which  made  itself  felt  in  the  surrounding 
counties.  A  majority  of  votes  of  that  and  the  surrounding  counties  were  cast  against  the 
adoption  of  the  secession  ordinance. 

Question.  What  course  did  these  men  take  during  the  rebellion  ?  What  side  of  the 
question  did  they  advocate  ? 

Answer.  With  great  earnestness  and  ability  they  advocated  the  Union  side  until  the  ordi 
nance  of  secession  was  adopted,  when  all  was  hushed,  and  no  voice  was  ever  raised  for  the 
Union  until  the  destruction  of  the  rebellion.  During  the  rebellion  a  few  of  the  Union  men 
remained  at  home,  some  of  whom  were  forced  into  the  rebel  army ;  some,  like  myself,  left 
there  after  a  time.  Governor  Hamilton  and  quite  a  number  left  before  I  did. 

Question.  Did  any  considerable  number  of  those  who  voted  against  secession  change  their 
views  after  the  war  commenced,  and  take  part  in  the  rebellion  ? 

Answer.  Yes,  sir ;  a  great  number  did. 

Question.  What  is  the  feeling  of  the  people  there  at  this  time — are  they  as  loyal  as  they 
were  before  the  rebellion,  or  less  so  ? 

Answer.  It  is  a  matter  of  necessity  with  them  not  to  be  demonstrative  in  their  disloyalty. 
if  that  be  their  feeling.  It  is  therefore  difficult  to  tell  what  men  are,  as  they  are  quite  reti 
cent  in  regard  to  their  opinions  and  feelings;  but  we  can  judge  somewhat  from  their  acts, 
and  the  tones  in  which  they  give  expression  to  their  views. 

Question.  What  is  your  opinion  of  their  loyalty  or  disloyalty,  judging  from  the  cxpiessiui: 
of  their  views  and  feelings  ? 

Answer.  There  are  few  loyal  men  there  ;  that  is,  according  to  my  opinion  of  what  consti 
tutes  loyalty — what  was  considered  loyalty  at  the  beginning  of  the  war.  Those  who  com 
plain  of  military  despotism,  and  desire  a  removal  of  the  troops  from  the  country,  are  set  down 
by  us  as  not  loyal  Union  men.  The  real  Union  men  believe  that  their  safety  depends  upon  the 
presence  of  the  troops. 

Question.  What  do  3-011  suppose  to  be  their  object  in  desiring  to  have  the  troops  with 
drawn  1 

Answer.  I  believe  it  is  principally  the  work  of  politicians,  in  order  that  they  may  not  only 
acquire  their  former  power  as  politicians,  but  that  they  may  at  the  same  time  control  to  sonic 
extent  the  labor  of  the  country. 

Question.  What,  in  your  opinion,  would  be  the  condition  of  things  there  should  the  troops  of 
the  government  be  entirely  withdrawn  ? 

Answer.  According  to  the  present  feeling  of  the  Union  people,  almost  all  would  leave  the 
country  who  could  do  so.  But  those  distant  in  the  interior,  and  where  their  leaving  might 
be  attended  with  many  difficulties,  might  remain;  but  the  greatest  mischief  Avould  arise  from 
the  attempts  of  white  men  to  control  the  freedmen  and  their  labor,  the  consequences  of 
which  are  fearful  to  contemplate. 


FLORIDA — LOUISIANA — TEXAS.  87 

Question.  What  sort  of  men  are  they  who  take  the  lead  there  in  political  matters  and  eon- 
trolling  public  opinion  ? 

Answer.  They  are  mostly  of  the  old  class  of  politicians ;  a  few  of  them  may  have  been 
Union  men,  (that  is,  the  Union  as  it  was,  with  slavery.)  I  hardly  consider  them  such  now. 
Some  of  them  hold  that  they  can  recover  from  the  government  the  value  of  the  slaves  set 
free,  and  advise  the  former  slaveholders  to  keep  their  negroes  in  hand,  so  as  to  some  extent. 
I  suppose,  control  their  persons  and  labor. 

Question.  Were  you  there  at  the  time  the  members  of  the  State  convention  were  elected  ? 

Answer.  Yes,  sir. 

Question.  What  class  of  men  were  elected  to  that  convention — those  who  had  been 
rebels,  or  those  who  had  .been  Union  men  ? 

Answer.  The  returns  were  not  all  in  when  I  left.  We  had  an  excellent  Union  man  run 
ning  in  our  county,  a  man  of  very  high  character,  great  moral  worth,  ability,  and  popularity: 
his  opponent  expressed  the  views  I  have  stated  about  keeping-  the  nog-roes  in  hand  and  suing 
the  government  for  their  value ;  the  latter  was  elected. 

Question.  It  will  be  sufficient  for  my  purpose  if  you  will  state  what  was  the  political  com 
plexion  of  that  convention. 

Answer.  It  is  composed  principally  of  those  who  have  been  rebels.  I  do  not  think  there 
are  over  ten  Union  men  in  the  body — perhaps  not  five  who  ardently  desire  to  see  the  national 
government  prosperous  and  respected.  There  were  five  candidates  as  floater  for  the  conven 
tion. 

Question.  What  do  you  mean  by  the  term  "  floater?" 

Answer.  By  a  "  floater  "  I  mean  a  member  elected  by  the  votes  of  two  counties.  Each  of 
these  five  candidates  published  addresses  to  the  people.  The  last  who  came  out  said  in  his 
address  "  that  he  should  vote  to  repudiate  the  State  bonds  issued  on  confederate  account,  but 
he  would  prefer  doing  it  voluntarily,  rather  than  from  an  order  from  the  President  of  the 
United  States  or  anybody  else."  In  speaking  of  his  opponents,  he  said  "  they  had  all  conceded 
something  to  the  negro,  but  that  he  would  concede  to  them  nothing."  He  casts  odium  upon 
his  opponents  by  charging  one  with  being  "a  renegade  from  the  south  and  assisting  our  then 
oppressors,  and  another  by  being  connected  with  the  Hamilton  administration."  He  was 
elected  (because  I  believe  he  expressed  the  feelings  and  sentiments  of  those  who  elected 
him)  in  spite  of  men  having  higher  and  better  claims  in  every  other  respect  for  the  position, 
and  this,  too,  in  two  counties  which  cast  a  majority  of  votes  against  secession  in  1861 ;  and  I 
will  say  further,  that  I  believe  these  sentiments  and  feelings  are  held  and  entertained  by 
nine-tenths  of  all  the  people  of  the  State. 

Question.  What  course  do  you  think  the  people  of  Texas  would  take  in  regard  to  national 
questions  if  left  entirely  to  themselves  ? 

Answer.  It  would  be  rather  difficult  to  say  what  they  would  do.     I  suppose  they  would 
take  the  course  that  necessity  would  prompt  them  to  take.     If  they  were  left  entirely  to 
themselves  they  would  return  to  the  old  order  of  things  as  nearly  as  possible.     That  is  only  ' 
my  opinion,  biit  I  do  not  think  there  can  be  any  dcubt  about  that. 

Question.  I  understand  you  to  mean  that  they  submit  to  the  general  government  now 
from  compulsion,  and  not  from  choice  ? 

Answer.  From  necessity  entirely — yes,  sir ;  there  is  no  mistake  about  that.  Not  one  in 
ten,  I  believe,  submits  from  choice,  or  considers  it  anything  but  a  matter  of  dire  necessity. 

Question.  Do  you  think  if  they  were  left  to  act  for  themselves  they  would  seek  to  consoli 
date  the  nation  and  strengthen  the  government,  or  would  they  seek  to  weaken  and  embar 
rass  the  government  in  its  operations  ? 

Answer.  If  they  were  left  to  themselves  they  would  seek  to  return  to  the  old  order  of 
things,  because  they  consider  the  present  condition  of  things  the  greatest  misfortune  that  has 
ever  befallen  them.  They  would  go  back  to  the  old  order  of  things  if  they  could.  The  peo 
ple  there  really  never  desired  secession,  but  the  pressure  of  politicians  and  the  press  brought 
them  to  it.  They  had  been  taught  by  the  press  and  politicians,  for  a  great  number  of  years, 
to  despise  everything  that  came  from  the  Yankees,  as  was  the  expression,  and  four  years  of 
war  has  ingrained  that  feeling  deeper  into  their  natures.  They  may  throw  it  aside  and  get 
rid  of  it  in  time,  but  they  cannot  do  it  in  one  year.  It  will  take  time  and  favorable  circum 
stances  to  eradicate  those  feelings  and  supplant  them  with  others.  But  in  a  few  years  I  be 
lieve  the  people  will  return  to  their  allegiance  to  the  United  States,  provided  the  influence  of 
the  politicians  and  the  all-pervading  influence  of  the  press  be  kept  in  check  by  the  power  of 
the  United  States. 

Question.  Can  you  state  whether  the  unlimited  exercise  of  the  pardoning  power  there  has 
had  any  effect  upon  those  politicians  ?  Has  it  made  them  more  or  less  friendly  to  the  gov 
ernment  of  the  United  States  ? 

Answer.  It  has  made  them  more  friendly  to  President  Johnson.  I  do  not  know  that  it 
has  had  any  favorable  effect  upon  their  feelings  towards  the  government. 

Question.  What  is  the  condition  of  the  freedmen  in  the  State  of  Texas,  so  far  as  you  know  ? 

Answer.  The  condition  is  very  varying;  it  depends  upon  the  different  portions  of  the  State 
you  consider.  Texas,  as  you  know,  is  a  very  large  State  ;  some  parts  of  it  are  densely  popu 
lated  ;  other  parts  are  very  thinly  populated.  In  some  portions  there  is  a  large  black  popu 
lation  :  in  other  portions  the  black  population  is  comparatively  small.  It  makes  a  very 


88  RECONSTRUCTION. 

great  difference  what  part  of  the  State  you  are  considering.  As  to  the  meaus  of  information, 
two  or  three  hundred  miles  in  the  State  of  Texas  is  as  much  as  a  thousand  miles  in  a  coun 
try  where  communication  is  easy.  In  Texas  communication  is  mostly  on  horseback,  and  it 
is  no  easy  matter  to  travel  two  or  three  hundred  miles  on  horseback ;  therefore,  what  is  going 
on  in  one  portion  of  the  State  is  not  easily  made  known  to  those  in  another.  I  may  say  that 
when  I  was  in  New  Orleans  I  knew  as  much,  if  not  more  of  Texas,  than  when  I  was  m  the 
interior  of  that  State.  I  cannot  say  what  the  general  condition  of  the  freedmen  is  in  the  State 
of  Texas.  Reports  continually  reach  us  of  the  killing  of  negroes  in  various  parts  of  the  State, 
particularly  in  those  districts  remote  from  points  where  the  military  is  located.  I  have  pa 
pers  in  my  room  containing  some  accounts  of  those  transactions.  But  those  murders  and 
barbarities  are  not  usually  published  in  the  newspapers  ;  we  receive  the  information  from 
travellers.  It  reaches  the  governor  by  couriers  and  through  affidavits  filed  in  his  office.  In 
a  conversation  with  the  governor  in  regard  to  that  subject,  he  stated  to  me  that  he  had  inform 
ation  of  the  dead  bodies  of  freedmen  being  found  here  and  there  throughout  the  State — some 
found  in  waters  of  the  creeks,  others  floating  down  streams,  others  by  the  roadside  and  else 
where — amounting  in  all  to  about  two  hundred  and  sixty  up  to  that  time,  which  was  the 
middle  of  the  month  of  January  last. 

But  in  and  around  Austin,  the  Freedmen's  Bureau,  through  an  agency,  is  in  operation,  and 
some  people  there  have  gone  into  the  matter  with  a  great  deal  of  sound  sense,  having  hired 
their  former  slaves,  giving  them  a  third  of  the  crop,  and  both  parties  believe  they  have 
done  well.  Others  again  are  not  doing  so  well ;  they  cannot  get  freedmen  to  work  for  them. 
Those  who  have  been  unkind  to  their  former  slaves  are  known  to  the  negroes  all  over  the 
country.  The  negroes  know  more  about  the  character  of  their  former  masters  than  do  their 
white  neighbors  themselves.  On  Sundays  and  other  occasions  when  negroes  meet  together, 
their  conversation  naturally  turns  to  what  mostly  concerns  themselves,  their  families,  their 
homes,  the  character  of  the  members  of  the  family  who  owned  them,  so  far  as  it  affected  their 
condition,  and  particularly  the  conduct  of  their  masters  and  overseers,  because  their  lives,  their 
happiness,  their  sufferings,  and  their  whole  condition,  depended  there.  The  consequence  is 
that  every  man  who  owned  slaves  has  a  well-defined  general  reputation  among  them,  founded 
upon  years  of  experience  of  those  who  had  opportunities  of  knowing  what  others  outside 
of  the  plantation  could  not  know.  I  believe  that  a  master  who  has  been  harsh  and  cruel 
to  his  former  slaves  can  never  obtain  the  voluntary  services  of  freedmen  within  the  sphere 
of  his  reputation.  But,  as  a  general  rule,  men  who  have  been  good  masters  can  obtain  hands 
to  labor  for  them — at  least,  that  is  the  case  about  Austin. 

Question.  So  far  as  you  know,  are  the  negroes  disposed  to  work  Avhere  they  receive  fair 
wages  and  kind  treatment  ? 

Answer.  Yes,  sir ;  they  are  all  willing  to  work,  so  far  as  I  have  seen,  and  I  have  seen  a 
great  deal  of  them.  But  there  are  some  men  who  have  employed  them,  who  up  to  Christmas 
have  not  paid  them — have  driven  them  off  without  payment  or  with  a  mere  pittance.  Of 
course  the  negroes  have  lost  confidence  in  those  men,  and  begin  to  lose  confidence  in  others. 
But  they  are  all  willing  to  work  for  men  in  whom  they  have  confidence,  so  far  as  my  knowl 
edge  goes,  and  I  have  seen  them  daily,  and  had  frequent  conversations  both  with  employers 
and  employed. 

Question.  What  is  the  extent  of  their  knowledge  at  this  time,  and  what  is  their  capacity 
for  exercising  the  rights  of  free  men  ? 

Answer.  That  depends  much  upon  where  they  have  been,  under  what  circumstances  they 
have  been  placed,  and  what  opportunities  they  have  had  of  acquiring  knowledge.  In  west 
ern  Texas,  and  all  through  that  region  where  the  country  is  thinly  populated,  a  great  deal  of 
stock  is  kept.  The  negroes  there  are  very  frequently  employed  in  hunting  stock,  riding  a 
great  deal  in  the  open  prairies ;  consequently  they  are  very  different  from  negroes  kept  closely 
confined  to  plantations.  Again,  some  of  those  in  towns  can  read,  and  a  few  of  them  write ; 
some  of  them  are  quite  intelligent,  especially  those  who  have  been  mechanics  and  have 
worked  alongside  of  white  men  for  a  great  many  years ;  they  have  acquired  the  same  knowl 
edge,  as  far  as  intelligence  in  the  ordinary  affairs  of  life  is  concerned,  as  the  white  men,  and 
it  is  an  every-day  occurrence  to  hear  intelligent  negroes  consulted  by  white  men — on  the 
plantation,  in  the  workshop,  and  on  the  stock  farm — in  regard  to  tbe  work  and  management 
of  their  respective  affairs.  Upon  asking  one  of  these  intelligent  negroes,  who  is  a  mechanic, 
what  he  thought  of  his  freedom,  he  replied,  "Well,  I  must  try  and  make  a  good  crop  this  year.'' 
I  asked  him  what  he  thought  when  we  went  away ;  referring  to  our  leaving  the  State  during 
the  rebellion.  "Oh,"  said  he,  while  his  face  lit  up  and  his  eyes  sparkled,  "I  knew  you 
would  come  back."  "  What  made  you  think  so?  "  He  replied,  "I  have  been  watching  this 

thing  from  the  beginning ;  I  told one  day,  when  I  met  him  on  the  road,  that  if 

they  had  not  brought  on  this  war  just  now,  they  might  have  kept  us  as  slaves  for  thirty  yrnrs 
longer."  From  that  and  other  conversations,  I  concluded  that  there  had  been  much  talking, 
some  reading,  and  a  great  deal  of  thinking,  upon  the  subject  among  the  negroes. 

Question.  What  is  the  feeling  in  Texas,  particularly  among  those  who  have  been  rebels, 
in  regard  to  allowing  the  negro  to  own  land,  to  acquire  an  education,  and  to  become  a  citizen? 

Answer.  I  do  not  think  there  is  much  opposition  cither  to  their  acquiring  an  education  or 
owning  land ;  I  have  not  heard  much  said  about  it.  That  is  principally  due  to  the  fact  that 
the  negroes  have  no  means  with  which  to  buy  lands.  For  the  first  few  years  they  must  work 


FLORIDA — LOUISIANA — TEXAS.  89 

in  the  fields  and  elsewhere  for  wages.  Schools  have  not  yet  been  established  in  the  country ; 
therefore  those  questions  have  not  been  agitated.  We  had  no  free  negroes  at  all  in  Texas  ; 
there  was  an  act  passed  by  the  legislature  before  the  war  requiring  every  free  negro  to  leave 
the  State  or  to  choose  a  master.  Those  left  who  could  leave ;  those  who  could  not  leave, 
chose  masters. 

Question.  Do  those  who  were  formerly  slaveholders  in  your  vicinity  recognize  the  freedom 
of  the  blacks  altogether? 
Answer.  Yes,  sir ;  as  a  general  rule  they  do. 

Question.  What  is  your  opinion  as  to  the  necessity  of  the  Freedmen's  Bureau  or  some  such 
agency  in  Texas? 

Answer.  I  have  thought  much  upon  that  subject.  The  Freedmen's  Bureau,  properly  ad 
ministered,  would  be  the  very  greatest  blessing  we  could  have.  The  interests  of  the  black 
man  are  so  completely  identified  with  the  interests  of  the  white  man,  that  they  must  always 
be  blended  together.  There  will  be  the  employer  and  the  employed?  contracts  will  be  vio 
lated  and  crimes  perpetrated  by  both  parties,  and  it  is  necessary  that  some  tribunal  should  be 
established  to  see  that  justice  is  done.  If  it  be  left  entirely  to  the  verdict  of  a  jury,  as  in  cases 
between  white  man  and  white  man,  if  will  be  found  that  jurors,  however  honest  they  may  be 
cannot  entirely  rid  themselves  of  their  old  prejudices.  I  have  seen  that  illustrated  in  the 
State  of  Louisiana,  where  I  was  district  attorney  in  1864  and  1865.  I  have  seen  men  who 
were  just  as  good  jurymen  as  I  would  wish  to  have  in  a  jury  box  in  ordinary  cases  pay  no 
attention  to,  but  utterly  disregard,  the  evidence  in  a  case  where  a  white  man  and  a  black  man 
were  concerned,  and  yet  in  charity  I  must  presume  that  the  jury  thought  they  were  doing 
their  duty. 

Question.  What  rights  are  the  white  people  of  Texas  disposed  to  give  to  the  freedmen  there  ? 
Answer.  They  are  disposed  to  treat  them  kindly,  but  they  do  not  propose  to  grant  them 
any  political  rights. 

Question.  What  civil  rights  are  they  disposed  to  grant  to  them?  What  are  they  disposed 
to  do  in  regard  to  allowing  them  to  sue,  and  enforce  contracts,  and  to  testify  as  witnesses  in 
courts  ? 

Answer.  There  has  been  nothing  of  that  kind  brought  under  my  observation :  whatever  has 
been  done  there  in  that  regard  has  been  done  through  the  agency  of  the  Freedmen's  Bureau. 
About  Austin  I  speak  ;  I  know  nothing  of  it  in  other  parts  of  the  State. 

Question.  Do  you  think  negroes,  as  freedmen,  would  be  safe  in  Texas,  without  the  enjoy 
ment  of  civil  or  political  rights,  in  the  absence  of  the  Freedmen's  Bureau? 

Answer.  I  think  some  such  agency  as  the  Freedmeu's  Bureau  is  indispensably  necessary, 
both  for  the  white  and  the  black ;  the  party  that  is  wronged  and  the  wrong-doer  will  both 
be  benefited  by  it.  It  will  compel  persons  to  do  that  which  is  right,  as  well  as  secure  per 
sons  in  their  rights. 

Question.  Suppose  the  negroes  about  Austin,  for  instance,  were  allowed  to  vote ;  would 
they  vote  for  those  men  who  have  been  rebels,  or  for  those  who  have  been  Union  men? 

Answer.  There  is  a  great  difference  of  opinion  upon  that  subject.  Men  of  much  thought  and 
of  sound  minds  have  supposed  that  if  negroes  were  allowed  to  vote,  they  would  go  with  their 
masters  or  those  who  employed  them.  I  am  inclined  to  think  that  the  employer  would  have 
his  influence  over  them  to  a  certain  extent,  as  all  employers  have  everywhere ;  yet,  notwith 
standing  that,  I  do  not  believe  that  one  out  of  twenty  would  vote  for  a  man  who  had  been  a 
rebel  or  secessionist ;  they  know  every  one  of  them  better  than  the  white  men  know  them. 

Question.  Do  the  negroes  there  indicate  any  appreciation  of  the  difference  between  Union 
men  and  disloyal  men  in  that  couutiy  ? 

Answer.  Yes,  sir ;  they  know  that  better  than  the  white  men  do ;  they  can  tell  every  Union 
man  in  the  country ;  they  know  them  well. 
Question.  They  know  their  friends  ? 
Answer.  Yes,  sir. 
Question.  And  depend  upon  them? 

Answer.  Yes,  sir ;  they  know  all  those  who  have  departed  from  their  former  professions, 
and  express  their  opinions  upon  them,  and  very  sensibly  too.  Many  men  who  were  recog 
nized  as  Union  men  before  secession  became  secessionists  after  that  ordinance  was  passed, 
some  of  them  the  most  bitter  and  unrelenting  persecutors  of  Union  men ;  others  struggled  on, 
doing  and  saying  but  little,  but  they  were  looked  upon  with  suspicion  by  the  rebels,  who 
marked  them  as  Union  men.  Since  the  termination  of  the  war,  some  few  of  those  who  dur 
ing  the  rebellion  were  regarded  as  Union  men  have  commenced  to  curry  favor  with  the  politi 
cians.  The  pardoning  of  so  many  has  had  a  great  influence  in  favor  of  the  rebels ;  and  those 
Union  men  who  wish  to  obtain  power,  seek  that  influence  by  courting  the  favor  of  the  rebels. 
Question.  What  is  the  feeling  in  Texas  in  regard  to  northern  people  coming  there  and  go 
ing  into  business  there? 

Answer.'  That  feeling  has  not  had  time  to  develop  itself  fully.  Texas  is  a  very  large  State, 
and  there  are  a  great  many  Germans  there,  who  it  is  well  known  have  been  the  most  loyal 
men  in  that  State;  they  have  been  the  most  determined  and  unswerving  Union  men.  There 
is  so  much  room  in  that  State,  it  is  expected  that  there  will  be  a  large  immigration  there;  and 


90  RECONSTRUCTION. 

three  or  four  hundred  thousand  people  coming  there  would  greatly  change  the  general  char 
acter  of  the  people  there,  and  I  do  not  think  that  immigrants  would  be  badly  received  there. 
There  lias  always  been  a  goodly  sprinkling  of  northern  men  in  the  towns,  but  they  were 
strongly  suspected  of  being  Union  men.  A  great  many  left.  Most  of  those  who  were  obliged 
to  remain  took  sides  with  the  rebels.  Some,  in  order  to  save  their  property  from  confiscation 
and  their  persons  from  violence,  were  very  extreme  and  open  in  the  expression  of  their  views, 
while  others  were  real  rebels,  many  doing  a  thriving  business,  making  money,  and  at  the  same 
time  doing  much  mischief  to  the  United  States  government  and  her  citizens. 

Question.  In  your  opinion  what  is  the  better  course  to  pursue  in  regard  to  the  recognition 
of  that  State  by  Congress  ?  Is  it  better  at  once  to  receive  her  representatives  in  uongrcss  and 
recognize  her  as  a  State,  entitled  to  all  the  rights  and  privileges  of  a  State  in  the  Union : 
or  is  it  better,  in  view  of  the  condition  of  the  loyal  white  people  there,  and  the  condition  of 
the  blacks,  to  wait  awhile  and  keep  a  military  force  there,  and  in  that  way  maintain  the  au 
thority  of  the  federal  government .' 

Answer.  The  truly  loyal  people  are  mostly  ignored  both  by  the  federal  government  and  by 
the  State  government.  If  these  men  who  come  here  claiming  seats  in  Congress  represent 
truly  the  feelings  of  the  State,  represent  the  disloyal  element  I  speak  of,  I  see  no  difference 
in  receiving  them  now  and  receiving  them  the  day  they  laid  down  their  arms,  because  their  opin 
ions  have  not  had  time  to  change.  The  changing  of  one's  opinions  is  not  within  a  man's 
powers.  It  takes  time  and  circumstances  to  alter  and  modify  them.  They  cannot  change 
and  throw  off  their  opinions  as  they  would  a  garment. 

Question.  What  do  you  mean  by  saying  that  the  government  ignores  loyal  men  ?  Do  you 
mean  that  appointments  are  given  to  men  who  are  not  loyal? 

Answer.  The  loyal  men  feel  that  they  are  ignored.  Yet  it  is  difficult  to  answer  the  ques 
tion  so  as  to  be  understood  by  one  not  acquainted  with  all  the  circumstances  of  their  situation. 
Vv'hich  I  will  endeavor  to  explain. 

A  minority  of  the  people  of  Texas  voted  against  secession.  Shortly  after  this  fact  was  made 
known  by  the  rebel  convention,  one-half  or  perhaps  two-thirds  of  that  minority  went  over  to 
the  majority,  leaving  comparatively  very  few  loyal  men,  whose  numbers  by  subsequent  causes 
became  still  further  reduced.  The  few  that  are  left  alive  are  called  the  loyal  men  of  Texas. 

When  Governor  Hamilton  arrived  in  Texas  he  proceeded  at  once  to  organize  the  State  by 
appointing  State,  district,  and  county  officers  out  of  the  best  material  he  had,  some  of  it  not 
of  the  choicest  quality.  Yet  all  acknowledged  that  it  was  as  well  as  could  be  done  under  the 
circumstances,  and  were  satisfied.  But  soon  a  feeling  of  uneasiness  began  to  pervade  the 
minds  of  loyal  men  ;  they  perceived  that  Mr.  Johnson  was  the  real  governor  of  Texas,  Mr. 
Hamilton  the  nominal  governor,  but  in  reality  only  the  agent  of  President  Johnson,  who 
caused  voters  to  be  registered,  whereby  eveiy  rebel  soldier  and  secessionist,  not  exempted  by 
the  amnesty  proclamation,  had  but  to  take  the  oath,  have  his  name  registered,  wait  until  the 
election,  then  immediately  proceed  to  govern  and  control  the  State.  They  perceived  that  the 
power  of  the  rebels  was  being  daily  strengthened  by  the  granting  of  pardons  to  great  num 
bers  of  the  wealthy  and  influential  rebels,  who  were  returning  with  all  their  former  influence 
uudiminished,  and  a  kind  of  political  importance  added  to  it.  A  proclamation  was  issued 
for  a  convention,  and  an  election  ordered  to  be  held,  whereby  those  who  had  been  registered 
could  vote  for  its  members.  The  loyal  people  were  ignored  by  these  proceedings,  their  feel 
ings  or  wishes  never  consulted  on  those  all-important  matters,  whereby  they  were  completely 
divested  of  all  political  power  in  the  State.  In  the  convention  they  can  have  no  influence : 
any  State  government  established  under  it  will  speedily  remove  every  loyal  man  from  office. 
The  few  loyal  men  feel  that  had  they  been  traitors  or  rebels,  their  condition  would  have  been 
much  more  desirable  than  it  now  is  in  some  respects.  Yet  they  know  and  feel  and  say  that 
loyalty  is  the  highest  public  virtue,  and  that  treason  is  the  greatest  political  crime;  that  it  is 
the  duty  of  the  President  to  protect,  honor,  and  render  virtue  powerful,  to  make  crime  odious, 
despicable,  and  powerless.  Therefore  the  loyal  men  say  that  Mr.  Johnson  has  not  kept  hi* 
faith  with  his  country  ;  that  he  has  violated  the  pledges  he  made  to  them,  and  betraj-ed  the 
trust  they  reposed  in  him  ;  that  by  his  conduct  and  management  of  affairs  in  Texas  he  has 
made  treason  not  odious,  but  reputable,  influential,  and  powerful,  and  by  the  same  means  he 
has  rendered  loyalty  odious,  despicable,  and  powerless ;  consequently  loyalty  in  that  State- 
now  lies  prostrate  and  bleeding  under  the  heel  of  subjugated  rebels. 

The  untold  sufferings  that  these  time  men  have  endured,  the  sleepless  nights  they  have 
spent  in  brooding  over  their  wrongs  and  contemplating  their  dismal  future,  the  uncertainty, 
the  wretchedness,  cannot  be  explained.  Most  of  them  desire  to  leave  the  State,  and  many  are 
making  preparations  for  that  purpose.  Many  believe  that  they  will  not  be  allowed  to  live  in 
the  State,  or,  if  they  are  permitted  to  stay,  it  will  be  in  ignominy  and  bondage. 

This  explanation  of  the  circumstances  in  which  the  loyal  men  are  placed  may  account  for  Un 
feeling  that  they  are  ignored  ;  they  also  feel  that  they  are  the  victims  of  the  federal  and  St;it. 
governments.  I  have  ever  had  an  entire  reliance  in  the  worth  and  ability  of  Uie  present 
Congress  to  help  the  loyal  men  in  the  State  of  Texas,  but,  generally  speaking,  they  are  vi : ;. 
hopeless — almost  despairing. 

In  regard  to  appointments  by  the  President,  much  interest  was  manifested  in  this  matter 
at  first,  and  names  of  good  men  were  selected  for  some  of  them  ;  but  delays  occurred,  and  ap 
pointments  were  few.  In  the  mean  time  incidents  and  events  which  I  have  just  related  were 


FLORIDA LOUISIANA — TEXAS.  9  1 

transpiring,  and  overshadowed  all  interests  of  that  kind.  Men  who  are  about  to  be  driven 
out  of  the  State  think  nothing  of  these  things  ;  nay,  some  of  the  best  officers  themselves  think 
of  leaving. 

Question.  It  has  been  pretended  here,  by  those  who  control  the  appointments,  that  there 
arc  not  loyal  men  in  the  south  for  all  the  offices.  I  desire  to  have  your  opinion  upon  that 
point  in  regard  to  Texas.  Are  there  loyal  men  enough  in  Texas  to  fill  the  offices  ? 

Answer.  Your  question  would  require  some  thought  and  reflection.  It  is  said  that  there 
are  not  loyal  men  enough  to  fill  the  post  offices. 

Question.  You  can  state,  as  far  as  you  know,  whether  or  not  the  offices  of  the  general 
government  can  be  filled  with  loyal  men,  should  the  government  be  disposed  to  select  them 
for  that  purpose. 

Answer.  There  are  loyal  men  to  fill  all  the  offices,  and  fill  them  well,  too,  if  they  were  se 
lected  for  that  purpose  ;  but  in  some  districts  there  are  no  loyal  men — in  others  they  are  com 
paratively  numerous  ;  they  are  not  equally  distributed  all  over  the  State.  So  far  as  numbers 
go,  there  are  loyal  men  enough  who  are  capable  of  filling  twice  the  number  of  offices.  It  is 
impossible  to  find  loyal  men  in  every  county  to  fill  county  offices.  I  believe  that  one-half 
of  the  counties  of  Texas  are  in  this  situation.  The  old  officers  of  these  counties  were 
mostly  rebels,  many  of  them  forming  vigilance  committees  for  the  destruction  and  murder  of 
Union  men,  and  were  the  means  of  driving  off  from  the  country  those  Union  men  who  could  es 
cape  their  vigilance,  many  of  whom  will  never  return.  I  will  state  that  there  are  officers  of 
the  general  government  who  employ  clerks  who  have  been  deeply  identified  with  the  rebellion, 
who  say  they  cannot  get  Union  clerks.  My  impression  is  that  they  cannot  obtain  them  un 
less  they  use  the  proper  means.  Let  them  advertise  for  such,  and  they  would  have  crowds  of 
applicants  to  choose  from.  I  have  said  this,  as  I  repeatedly  said  and  insisted  upon  in  Lou 
isiana,  that  the  first  and  indispensable  requisite  for  office  was  loyalty,  and  that  they  ought 
to  send  off  for  loyal  men  if  they  could  not  get  enough  there  who  were  loyal. 

Question.  Have  you  been  in  the  State  of  Louisiana  ?  If  so,  state  what  position,  if  any,  you 
held  there,  and  what  opportunities  you  have  had  for  ascertaining  the  condition  of  affairs  in 
that  State. 

Answer.  I  was  in  the  Teche  campaign,  on  Major  General  Ord's  staff.  I  returned  to  New 
Orleans  in  January,  1864,  and  then  studied  the  laws  of  Louisiana.  In  August,  1864,  I  was 
appointed  district  attorney  for  the  fourth  judicial  district  of  that  State. 

Question.  Will  you  state  whether  the  offices  of  the  different  parishes  in  that  State  are  in 
the  hands  of  loyal  or  disloyal  men  ;  and  what  you  know  about  any  change,  if  any,  that  has 
taken  place  in  those  offices  ? 

Answer.  My  district  was  composed  of  five  parishes,  though  I  attended  courts  in  seven 
parishes,  and  was  familiar  with  that  number.  I  knew  nearly  every  officer  in  each  of 
those  seven  parishes ;  that  is,  the  sheriffs,  clerks,  recorders,  justices  of  the  peace,  and  most 
of  the  police  jurors.  The  police  jury  is  a  very  important  matter  there — an  influential  body, 
and  a  kind  of  local  legislature  there,  controlling  the  parish.  During  the  administration  of 
Governor  Halm  great  care  was  taken  to  fill  those  offices  with  loyal  men,  and  he  succeeded 
almost  entirely  in  doing  so.  Shortly  after  Mr.  Wells  became  governor,  one  after  another  of 
the  officers  appointed  by  Governor  Hahn  was  removed,  until  very  few  loyal  officers  were  left 
in  those  seven  parishes  with  which  I  was  acquainted.  Sheriff's,  clerks,  recorders,  justices  of 
the  peace,  and  police  jurors,  were  all  successively  removed,  and  in  their  places  were  appointed 
disloyal  men,  all  of  them  identified  with  secession  and  rebellion,  having  been  engaged  in 
various  ways  for  years  inflicting  injuries  and  wrongs  upon  the  government  and  her  citizens — 
returned  rebels  and  paroled  prisoners  from  Johnston's  army;  but  not  one  Union  loyal  citizen 
was  appointed  by  Governor  Wells  in  either  of  those  parishes.  I  will  add,  that  "those  few 
officers  that  have  not  been  removed  by  Governor  Wells  were  always  reputed  to  be  of  equivo 
cal  loyalty.  I  can  think  of  but  two  or  three  original  Union  men  that  held  office  in  August 
last ;  perhaps  they  are  now  removed.  The  number  of  officers  in  those  parishes  must  amount 
to  about  one  hundred  or  more.  It  is  impossible  for  a  stranger,  or  one  who  has  not  mixed 
familiarly  among  those  Union  men  at  their  homes,  to  estimate  the  amount  of  virtue  they  pos 
sess,  the  trials  they  have  endured,  and  the  courage  with  which  they  have  so  sternly  kept  their 
faith  with  their  country  and  their  government.  Nor  is  it  possible  to  convey  in  language  to  be 
understood  by  a  stranger,  the  sufferings,  the  wrongs,  the  despair  of  those  men,  when  they 
saw  what  Governor  Wells  was  preparing  for  them — rebels  in  their  uniforms,  returned  from 
the  army  to  their  old  homes,  the  former  persecutors  and  personal  enemies  of  the  loyal  men. 
whose  yery  names  were  associated  with  "wounds  inflicted  not  to  heal,"  and  recollections  of 
burning  wrongs — these,  and  such  as  these,  were  the  men  appointed  by  Governor  Wells  to 
wield  the  authority  of  office  over  the  loyal  men  of  those  parishes.  I  believe  the  parishes  of 
Terre  Bonne  and  Ascension  were  supplied  with  full  sets  of  officers — say,  from  fifteen  to  twenty 
each — at  one  swoop,  the  loyal  incumbents  having  no  notice  of  their  removal  until  commis 
sions  were  presented  to  them,  and  their  books,  papers,  &c.,  demanded  by  the  new  appointees. 
They  refused  to  comply  with  the  demands  They  considered  the  conduct  of  Governor  Wells 
unjust,  base,  and  atrocious — unjust,  because  he  removed  all  the  officers  at  once  without 
giving  notice  to  either,  and  without  any  reason  assigned ;  base,  because  in  the  place  of  loyal, 
true  men,  he  appointed  those  who  had  l-een  false  to  their  country — traitors  and  rebels ;  atro 
cious,  because  they  were  the  personal  er.emies  and  persecutors  of  the  loyal  men.  All  the  loyal 


92  RECONSTRUCTION. 

men  believed  that  the  incumbents  were  removed  because  they  were  loya1.  These  loyal  men 
still  refusing  to  comply  with  the  demands,  and  being  determined  to  maintain  themselves  at 
the  risk  of  their  lives,  prepared  themselves  accordingly.  But  the  men  who  had  persecuted 
and  driven  them  from  their  homes  before,  by  the  aid  of  armed  confederates,  now  applied  for 
military  aid  from  the  United  States  for  the  purpose  of  again  crushing  the  same  men :  not  with 
out  trouble  was  it  at  last  accomplished.  Some  of  the  loyal  officers  had  to  flee  from  their 
homes  after  the  change  was  complete ;  and  I  saw  the  recorder  of  Terre  Bonne  parish  a  refugee 
in  New  Orleans  a  few  weeks  ago,  when  I  was  informed  that  many  others  were  leaving  the 
parish.  I  could  say  a  great  deal  more  in  giving  details  that  accompanied  these  proceedings. 
I  have  stated  facts,  which,  if  they  be  true,  are  of  the  most  important  character.  It  is  my 
opinion  that  there  is  no  State  in  which  loyalty  has  been  so  deliberately,  thoroughly,  and,  by 
the  government,  systematically  crushed  as  in  Louisiana.  Texas  is  going  the  same  course, 
unless  it  be  arrested.  The  last  arid  only  hope  of  loyal  men  is  in  the  republican  party 
in  Congress. 


A. 

Appendix  to  testimony  of  John  T.  Allen. 

CIRCULAR  OF  JAMES  H.  BELL,  CANDIDATE  FOR  CONGRESS. 

FELLOW-CITIZENS:  I  have  been  absent  from  the  State  for  two  months,  and  have  just  re 
turned,  to  find  that  my  friends  have  thought  proper,  in  my  absence,  to  place  me  in  nomina 
tion  before  you  for  a  seat  in  the  convention  which  has  been  ordered,  by  Governor  Hamilton, 
to  assemble  on  the  7th  day  of  the  next  month.  There  is  brief  time  left  between  this  and 
the  day  of  election  for  me  to  communicate  with  you,  and  to  make  known  to  you  the  views 
upon  which  I  shall  act  if  you  do  me  the  honor  to  elect  me  to  represent  you  in  the  convention. 

I  have  been  much  pained,  fellow-citizens,  to  hear  that  in  many  portions  of  the  State  there 
is  apparently  but  slight  interest  felt  in  the  election  of  delegates  to  the  convention.  Why  this 
is  so  I  am  at  a  loss  to  understand.  In  my  judgment,  much  depends  upon  the  views  upon  which 
you  act  in  this  election,  and  the  action  of  the  convention  itself  will  be  fraught  with  the  most 
important  results,  either  for  good  or  for  evil,  to  the  country.  It  is  not  an  idle  ceremony  in 
which  you  are  invited  to  participate.  You  are  called  upon  to  lay  again  the  foundations  of 
government  within  your  State,  and  this  under  circumstances  delicate  and  momentous  beyond 
anything  in  the  experience  of  this  generation.  The  case  of  the  States  lately  in  rebellion 
against  the  government  of  the  United  States  is  novel  and  without  any  precedent  in  our 
history;  and  the  work  of  reconstruction  involves  questions  which,  in  their  solution,  will  tax 
the  best  powers  of  the  best  and  ablest  men  of  the  country.  It  is  a  work  which  should  be 
approached  with  though  tfulness,  and  with  a  single  and  patriotic  purpose  to  readjust  the  diffi 
cult  fabric  of  government  upon  principles  which  will  endure  all  the  tests  of  human  infirmity. 
It  is  a  work  which  should  elevate  the  minds  of  those  to  whom  it  shall  be  committed  above 
the  prejudices,  the  resentments,  and  the  personal  interests  of  the  hour.  Our  country  has 
been  in  mortal  agony.  The  great  struggle  has  been  attended  by  incidents  and  is  followed 
by  consequences  which  can  be  contemplated  by  the  philanthropist  and  the  patriot  only  with 
sentiments  of  regret  and  humiliation.  But  I  do  not  permit  myself  to  doubt  that  out  of  this 
sore  trial  will  spring  the  enduring  greatness  of  the  republic — power  unexampled,  influence 
that  will  be  felt  in  the  four  quarters  of  the  earth,  and  a  glory  that  will  appear  to  the  eyes  of 
those  who  shall  live  to  behold  it,  "like  another  morn  risen  on  mid-noon." 

The  work  now  to  be  done  is  to  restore  harmony  to  the  country.  In  order  to  be  in  a  proper 
temper  to  bear  our  appropriate  part  in  this  work,  we  of  the  south  must  be  able  to  banish  al! 
feelings  of  resentment  towards  our  northern  brethren  which  have  grown  out  of  the  war. 
\Y'e  must  be  able  to  look  at  events,  and  to  perceive  their  significance,  and  the  duties  which 
they  impose,  without  dwelling  upon  the  displays  of  passion,  and  without  brooding  over  the 
private  griefs  which  attended  these  events  in  their  development.  You  will  say  that  to  be 
able  to  do  these  things  calls  for  the  exercise  of  virtues  beyond  the  endowment  of  mortal  men. 
It  does,  indeed,  call  for  the  exercise  of  high  virtues,  but  I  am  assured,  fellow-citizens,  that 
just  in  proportion  to  the  exercise  of  the  virtues  of  justice,  moderation,  tiuth,  and  charity  by 
the  actors  of  to-day,  will  their  work  redound  to  the  advantage  of  themselves  and  their  pos 
terity. 

Let  me  remind  you,  fellow-citizens,  that  the  people,  both  of  the  north  and  the  south,  have 
been  in  the  habit  of  looking  at  those  questions  which  have  disturbed  the  country  from  dim-rent 
points  of  view.  This  habit  of  the  public  mind  of  the  two  sections  still  remains,  to  a  consid 
erable  extent,  in  force.  It  is  the  duty  of  both  sections  to  enlarge  their  view,  and  to  act  upon 
a  policy  as  comprehensive  as  the  whole  country.  An  opinion  prevails  throughout  the  south 
that  the  people  of  the  north  are  our  enemies,  and  that  their  purpose  is  still  further  to  humiliate 
us,  and,  by  their  legislation,  to  oppress  us.  I  do  not  think  so.  1  have  lately  conversed  with 
many  public  men  in  the  north,  and  with  a  great  many  intelligent  men  of  business,  and  I  am 


FLORIDA — LOUISIANA-— TEXAS.  93 

persuaded  that  the  prevailing  sentiment  among1  the  northern  people  is  one  of  sorrow  over  the 
calamities  which  have  befallen  the  country,  ot  sympathy  and  kindness  for  the  people  of  the 
south.  You  will  be  told,  I  do  not  doubt,  that  I  have  always  been  an  apologist  for  the  people 
of  the  north,  and  that  my  opinions  and  advice  upon  all  sectional  questions  are  to  be  taken 
with  many  grains  of  allowance.  I  think  it  is  nigh  time,  fellow-citizens,  that  you  should 
cease  to  be  misled  by  the  insinuations  and  the  declamation  of  those  who  hope  to  accomplish 
their  own  purposes  by  promoting  sectional  animosity  and  discontent,  and  who  find  it  necessary 
to  denounce  all  who  pursue  a  different  course.  Be  the  consequences  to  myself  what  they  may, 
I  shall  always  express  my  opinions  with  frankness  and  candor,  leaving  it  to  the  people  to 
attach  such  importance  to  them  as  they  may  think  proper.  There  are  undoubtedly,  in  the 
northern  States,  people  and  politicians  of  extreme  views — views  which,  if  carried  into  effect, 
would  be  detrimental  to  the  prosperity  and  the  social .  tranquillity  of  the  southern  people. 
Many  of  these  are  honest  men,  who  consider  questions  in  the  abstract,  and  without  a  just  com 
prehension  of  all  the  conditions  of  the  case  under  consideration.  The  class  of  politicians  to 
which  I  refer  do  not  control  public  affairs,  but  are  restrained  by  those  who  are  more  practical. 
In  my  judgment  it  depends  upon  the  people  of  the  south  themselves  whether,  in  the  matters 
vhicii  now. most  nearly  concern  them,  the  views  of  extreme  men  or  of  moderate  men  shall 
prevail. 

Undoubtedly  the  great  body  of  the  politicians  and  people  of  the  north  feel  that  it  would 
not  have  been  wise,  immediately  after  the  cessation  of  hostilities,  to  have  permitted  the  men 
who  were  so  lately  engaged  in  the  attempt  to  establish  an  independent  government  in  the 
south  to  return  to  the  exercise  of  the  same  power  in  the  Union  as  had  been  enjoyed  by  them 
previous  to  the  rebellion.  They  feel  that  the  war  would  be  without  adequate  results  if  recon 
struction  should  take  place  in  such  manner  as  to  leave  it  within  the  power  of  disaffected  men 
to  disturb  again  the  peace  of  the  country.  They  feel,  too,  that  having  proclaimed  the  free 
dom  of  those  who  were  formerly  in  a  state  of  slavery,  it  would  be  a  reproach  to  the  govern 
ment  of  the  United  States  to  fail  to  protect  such  persons  in  the  enjoyment  of  their  lately  ac 
quired  freedom.  What  measure  of  power  the  government  of  ^he  United  States  will  think 
necessary  to  exercise  in  order  to  secure  to  the  negroes  the  enjoyment  of  their  freedom,  will, 
I  think,  depend  very  much  upon  the  disposition  manifested  toward  the  blacks  by  the  white 
people  of  the  south.  I  do  not  believe  the  people  of  the  north  wish  to  force  the  southern  States 
to  consent  to  negro  suffrage  as  a  condition  of  reconstruction ;  but  I  do  believe  that  if  the 
people  of  the  south  are  so  unwise  as  to  attempt,  by  State  legislation,  to  establish  a  compul 
sory  system  of  labor  within  their  limits,  and  thus  practically  to  put  the  blacks  in  a  state  of 
slavery,  and  if  they  refuse  to  do  what  may  reasonably  be  demanded  as  a  condition  of  restora 
tion  to  their  former  condition  as  States  of  the  Union,  the  people  of  the  north  may  be  easily 
driven  to  act  upon  those  views  which  are  now  considered  radical,  and  the  result  will  be  that 
the  southern  States  will  be  continued  under  military  rule  indefinitely,  or  the  right  of  suffrage 
will  be  conferred  upon  those  who  will  be  prompt  to  organize  State  governments  in  accordance 
with  the  views  of  Congress.  I  think  it  my  duty,  fellow-citizens,  to  be  plain  with  you  on  this 
subject,  and  to  conjure  you  to  proceed  with  thoughtfulness  and  without  any  bitterness  of 
feeling  in  everything  that  pertains  to  the  work  of  reconstruction. 

I  am  informed  that  the  impression  has  been  made  upon  the  minds  of  some  of  you  that  I 
am  in  favor  of  negro  suffrage.  I  have  not  conversed  with  a  man  in  Texas,  or  out  of  it,  who 
does  not  know  that  I  am  entirely  opposed  to  the  right  of  suffrage  being  conferred  upon  ne 
groes.  I  regard  the  whole  future  ot  the  negro  race  in  this  country  as' a  problem  which  time 
only  can  solve.  In  my  judgment,  there  is  much  room  to  doubt  whether  they  will  exist 
among  us  half  a  century  hence.  If  they  do,  it  will  be  because  they  are  useful  laborers  at 
least.  They  may  possibly  develop  aptitude  for  a  higher  degree  of  civilization  than  they  have 
attained  in  a  condition  of  slavery.  They  may  possibly  establish  themselves  in  particular 
localities  and  form  political  communities.  They  may  continue  to  reside  among  the  whites, 
and  in  the  course  of  time  become  intelligent  and  useful  citizens.  I  do  not  think  that  many 
meu  are  wise  enough  to  be  able  to  say  with  much  safety  what  they  will  think  proper  to  do  iu 
jeference  to  questions  that  may  arise  in  the  (perhaps  distant)  future.  I  am  sure  that  I  am 
not.  But  I  have  already  resolved,  so  far  as  my  intelligence  will  enable  me,  to  act  towards 
the  blacks  with  justice  ;  and  I  shall  always,  as  a  private  citizen  or  as  a  public  servant,  be 
ready  \o  accord  to  them  all  the  rights  which  an  enlightened  public  opinion  may  think  it 
proper  for  them  to  enjoy. 

Permit  me  to  say  here,  fellow-citizens,  that  in  reference  to  the  action  which  the  convention 
ought  to  take  with  a  view  to  reconstruction,  I  think  it  is  perhaps  premature  for  any  one  to 
attempt  to  be  very  explicit.  The  Congress  of  the  United  States  has  not  thought  proper  to 
admit  the  senators  and  representatives  from  those  southern  States  which  have  already  had 
conventions  and  held  elections.  A  committee  has  been  appointed  by  Congress,  to  which  the 
whole  case  of  the  States  lately  in  rebellion  has  been  referred.  This  committee  will  probably 
report,  and  Congress  will  adopt,  some  general  plan  of  reconstruction.  No  one  yet  knows 
what  features  that  plan  will  contain.  If  such  action  skall  be  taken  by  Congress,  it  will  be 
come  the  duty  of  the  convention,  if  it  does  anything,  to  consider  whether  or  not  it  will  con 
form  its  action  to  the  views  of  Congress.  In  this  event  I  can  promise  no  more  than  that,  if 
I  am  a  member  of  the  convention,  I  will  act  upon  my  most  deliberate  judgment  of  what  is 
for  the  interest  of  the  people  of  Texas.  I  think  the  people  should  send  their  ablest  men  to 


94  RECONSTRUCTION. 

the  convention,  and  that  every  question  which  shall  come  before  that  body  should  be  care 
fully  discussed  and  considered,  and  the  convention  should  act  upon  all  the  lights  before  it, 
and  its  action  should  be  referred  to  the  people  for  their  approval  or  rejection. 

I  think  the  convention  should  distinctly  recognize,  in  all  its  action,  that  slavery  no  longer 
exists  in  Texas ;  and  I  think  that  the  next  legislature  of  the  State  ought  to  ratify  the  consti 
tutional  amendment  abolishing  slavery.  It  is  true  that  the  amendment  is  already  in  force  as 
a  part  of  the  Constitution,  but  I  think  that  the  people  of  Texas  ought  to  manifest  their 
cheerful  acquiescence  in  what  has  been  done  by  ratifying  the  amendment. 

I  am  of  the  opinion  that  the  debt  contracted  by  the  State  for  military  purposes,  since  the 
act  of  secession,  ought  to  be  repudiated ;  or,  in  other  words,  it  ought  to  be  declared  that  the 
people  shall  never  be  taxed  to  pay  this  debt.  I  am  in  favor  of  paying  whatever  debt  has 
been  contracted  for  the  ordinary  expenses  of  the  civil  government  of  the  State  during  the 
rebellion. 

I  am  of  the  opinion  that  the  ordinance  of  secession  of  1861  ought  to  be  declared  to  be  null 
and  void. 

I  am  of  the  opinion  that  the  constitution  ought  to  secure  to  all  persons,  without  respect  to 
color,  the  right  to  testify  in  the  courts,  under  such  rules  and  regulations  as  are,  or  may  be, 
prescribed  by  law.  And  on  this  subject  I  will  say  that  I  am  of  opinion  that  no  person  ought 
to  be  held  incompetent  to  testify  in  court  because  of  interest  in  the  suit.  I  think  that  par 
ties  to  suits  ought  to  be  permitted  to  testify,  and  that  the  jury  should  decide  upon  the  credi 
bility  of  every  witness. 

I  am  of  opinion,  fellow-cititizens,  that  some  important  changes  ought  to  be  made  in  our  State 
constitution  respecting  the  tenure  of  our  State  offices.  I  think  the  governor  of  the  State 
ought  to  have  more  power  than  is  committed  to  him  by  our  present  constitution.  He  is  the 
head  of  the  executive  government,  and  is  responsible  to  the  people  as  such.  He  ought, 
therefore,  to  have  the  power  to  control,  within  the  limits  prescribed  by  law,  those  officers 
who  are  subordinate  to  him  and  who  are  connected  with  him  in  the  daily  administration  of 
the  government.  I  think  the  governor  should  have  tho  appointment,  with  the  consent  of 
the  senate,  of  the  comptroller  of  public  accounts,  the  treasurer,  the  commissioner  of  the  laud 
office,  and  the  attorney  general.  I  think  the  governor  ought  to  hold  his  office  for  four  years, 
and  that  he  ought  to  be  paid  a  salary  which  will  enable  him  to  live  in  a  style  becoming  the 
head  of  a  great  State.  I  do  not  mean  that  any  republican  magistrate  ought  to  put  on  the 
airs  of  a  prince ;  I  simply  mean  that  he  ought  to  be  able  to  dispense  a  liberal  hospitality  to 
wards  his  fellow-citizens  who  may  visit  the  capital,  and  towards  his  neighbors  and  friends, 
without  impoverishing  himself  by  doing  so. 

I  am  of  the  opinion  that  the  governor  should  appoint,  with  the  consent  of  the  senate,  the 
judges  of  the  supreme  and  district  courts,  and  that  these  officers  should  receive  better  sala 
ries  than  they  have  heretofore  received.     After  all,  fellow-citizens,  the  firm  and  impartial  and 
intelligent  administration  of  the  law  in  the  courts  of  the  country  is  the  soul  of  good  govern 
ment.     Experience,  I  think,  ^has  demonstrated  that  the  election  of  judges  by  the  people  im 
pairs  the  independence  and  firmness  of  the  judiciary.     It  is  not  because  the  people  want  in 
telligence  to  select  capable  men,  because  they  generally  possess  that  intelligence,  but  be 
cause  considerations  will  necessarily  mingle  in  popular  elections  that  ought  to  have  no  influ 
ence  in  the  selection  of  judges.     Where  elections  are  by  the  people,  it  is  impossible  to  ex 
clude  politics  in  times  where  party  spirit  runs  high.     But  the  main  consideration  why 
judges  ought  not  to  be  elected  by  the  people  is,  that  it  operates  injuriously  upon  the  judge 
himself.     It  places  him  under  a  temptation  to  show  favor  to  men  of  influence,  to  which  a 
judge  ought  never  to  be  subjected.     The  ablest   judges  which  this  country  has  produced 
held  their  offices  by  appointment  and  during  good  behavior;  and  I  do  not  know  a  single  in 
stance  of  a  judge  who  has  acquired  high  distinction  since  the  election  of  judges  has  been 
generally  committed  to  the  people.     These  are  facts  worthy  the  considerate  attention  of  » 
people  who  desire  good  government.     In  a  State  so  large  as  Texas,  those  persons  who  are 
qualified  to  sit  upon  the  bench  of  the  supreme  court  of  the  State  can  be  known  to  but  a 
small  portion  of  tho  people,  and  it  results  that  the  people  take  but  little  interest  in  such  elec 
tions      You  will  be  told  that  I  propose  to  take  power  away  from  the  people,  and  I  am  well 
aware  that  this  is  a  subject  upon  which  it  is  easy  to  alarm  your  fears.     The  appeal  is  to  your 
intelligence;  if  you  are  satisfied  that  the  old  system  of  appointing  judges,  with  which  all 
the  old  men  of  the  country  were  once  familiar,  tends  to  the  greater  purity  and  independence 
of  the  judiciary,  then  you  ought  to  be  willing  to  return  to  it.     You  will  elect  the  governor 
and  the  senators,  and  they  will  be  responsible  to  you  for  their  appointments.     You  therefore 
exercise  the  controlling  power,  and  you  remove  the  judiciary  outofjthe  reach  of  improper  in 
fluences.     There  is  one  great  reason,  fellow-citizens,  why  I  think  we  ought  to  give  greater 
respectability  to  State  offices.     The  success  of  our  sj-stem  of  government  depends  upon  the 
preservation  of  the  balance  between  the  general  government  and  the  State  governments. 
The  men  who  made  the  Constitution  of  the  United  States  intended  to  give  to  the  general 
government  certain  powers,  and  they  expressly  declared  that  all  the  powers  not  granted  to 
the  government  of  the  United  States  were  reserved  to  the  States  or  to  the  people.     The  ten 
dency  of  the  late  war  is  to  the  centralization  of  power  in  the  general  government  at  the  ex 
pense  of  the  States ;  and  the  only  practicable  way  to  counteract  this  tendency  is  to  attach 
men  of  talent  to  the  service  of  the  States  rather  than  to  the  service  of  the  federal  govern- 


FLORIDA — LOUISIANA — TEXAS.  95 

ment.  It'  the  State  governments  are  in  the  hands  of  men  of  ability,  their  influence  will  be 
felt  at  the  national  capital,  and  that  influence  will  induce  caution  and  deliberation  in  the  na 
tional  administration.  The  only  way  to  attach  men  of  talent  to  the  State  service,  rather  than 
to  the  federal  service,  is  to  make  the  State  offices  desirable.  I  should  be  well  pleased  my 
self  to  see  the  day  when  any  citizen  of  Texas  would  rather  be  the  governor  of  the  State  or 
occupy  a  seat  orTthe  bench  of  the  supreme  court  than  to  be  a  senator  in  Congress. 

I  arn  extending  this  address,  fellow-citizens,  beyond  my  original  intention,  and  I  am 
obliged  to  write  so  hurriedly  as  not  to  be  able  to  do  justice  either  to  myself  or  to  the  subjects 
upon  which  I  have  touched.  I  should  have  been  pleased  to  have  had  time  to  visit  the  differ 
ent  neighborhoods  of  the  district,  and  to  discuss  the  issues  of  the  day,  and  the  duties  that  lie 
before  us,  more  satisfactorily  that  I  am  able  to  do  in  a  brief  address.  I  am  informed  that 
efforts  are  being  made  to  damage  me  in  your  estimation  because  I  thought  proper  to  accept 
office  under  Governor  Hamilton.  It  seems  there  are  gentlemen  who  think  to  gain  your  favor 
by  assailing  the  provisional  government,  and  to  damage  me  by  reason  of  my  connexion  with 
it.  I  shall  not  suffer  myself  to  be  betrayed  into  the  impropriety  and  vanity  of  making  my 
self  responsible  for  the  acts  of  Governor  Hamilton.  He  is  tolerably  well  able  to  defend  him 
self.  This  much  I  have  to  say :  I  had  no  expectation  of  being  connected  with  Governor 
Hamilton's  administration  until  he  tendered  me  the  position  which  I  now  hold.  I  could  easi 
ly  have  stood  aloof  from  Governor  Hamilton,  and  might,  perhaps,  have  distinguished  myself 
as  a  critic  of  his  administration.  But  I  felt  that  the  times  were  such  as  required  from  every 
man  who  loved  Texas  something  besides  criticism.  I  thought  that  I  might  be  able  to  contri 
bute  something,  however  little,  towards  the  restoration  of  order  in  the  country;  something 
towards  the  tranquillity  of  the  public  mind ;  and  I  resolved,  without  hesitation,  that  no  man 
should  have  it  to  say  that  I  stood  aloof  from  the  public  service  for  fear  of  a  little  criticism. 
Whenever  you  can  be  persuaded,  fellow-citizens,  that  I  desire  anything  else  than  your  wel 
fare — whenever  you  can  be  made  to  believe  that  I  am  false  to  the  State  that  gave  me  birth,  it 
is  my  wish  that  you  withhold  your  confidence  from  me,  and  bestow  it  upon  some  one  whom 
you  may  deem  more  worthy.  I  have  always  been  frank  to  declare  that  I  desired  to  connect 
rny  name  honorably  with  the  public  service  of  Texas.  I  do  not  affect  to  be  indifferent  to  the 
honors  which  you  have  it  in  your  power  to  bestow.  The  ambition  of  others  may  demand  a 
wider  theatre  for  its  gratification.  The  approbation  of  the  people  of  Texas  is  enough  for  me. 
The  service  of  my  native  State  is  the  only  service  to  which  I  aspire.  I  have  loved  the  Union, 
because  I  thought  it  conferred  blessings  on  mankind,  but  more  especially  because  it  conferred 
blessings  upon  Texas.  I  still  look  to  the  Union  with  undiminished  affection  and  with  undi- 
minished  hope.  I  believe  it  will  confer  yet  greater  blessings  upon  mankind,  and  yet  greater 
blessings  upon  Texas.  I  give,  then,  to  the  Union  my  hopes  and  my  fervent  prayers.  I  give 
to  Texas  the  teudercst  place  in  my  heart.  I  loved  her  in  the  day  of  her  prosperity ;  I  love 
her  more  tenderly  in  this,  the  day  of  her  great  adversity.  I  desire  to  serve  her,  I  hope  from 
as  pure  motives  as  ever  have  their  origin  in  the  fallible  heart  of  man.  If  you  think  proper, 
fellow-citizens,  to  honor  me  with  a  seat  in  the  convention  as  your  representative,  I  shall 
serve  you  and  my  State  to  the  best  of  my  poor  ability;  but  if,  from  any  cause,  you  prefer  to 
bestow  your  suffrages  upon  another,  I  shall  accept  your  decision  Avithout  a  murmur. 
I  am,  with  respect,  your  obedient  servant, 

JAMES  H.  BELL. 


B. 
Circular  of  W.  C.  Dalrymple,  opponent  of  Mr.  Bell. 

FELLOW-CITIZENS  OP  WILLIAMSON  AND  TRAVIS  COUNTIES  :  I  am  a  candidate  to  repre 
sent  you  in  the  approaching  convention,  and  take  this  the  usual  mode  of  acquainting  you 
with  my  views  on  some  of  the  more  important  subjects  now  engrossing  attention. 

The  great  question  prominent  before  the  convention  will  be  the  future  of  the  negro.  No 
question  of  such  magnitude  has  or  will  come  before  the  people  of  Texas  during  the  present 
generation  ;  and  on  this  I  differ  from  my  opponents  now  in  the  canvass.  They  each  and  all 
concede  something  to  the  negro ;  some  more,  some  less,  approximating  to  equality  with  the 
white  race.  I  concede  to  them  nothing  but  the  station  of  "hewers  of  wood  and  drawers  of 
water."  God  Almighty  has  placed  a  sufficiently  broad  line  of  demarcation  between  the  races, 
and  it  does  not  seem  the  part  of  wisdom  to  attempt  to  obliterate  it.  If  a  republican  form  of 
government  is  to  be  sustained,  the  white  race  must  do  it  without  any  negro  alloy.  A  mon 
grel  Mexico  affords  no  fit  example  for  imitation.  I  desire  the  perpetuation  of  a  white  man's 
government.  The  patriot  must  strike  now  for  our  cherished  institutions  and  the  ascendency 
of  the  white  race.  The  negro  is  and  must  remain  free.  This  is  one  of  the  results  of  the 
late  conflict,  and  he  must  be  protected  in  person  and  property ;  this  is  due  to  justice  and  hu 
manity,  but  I  hope  and  believe  that  legislative  wisdom  can  devise  some  mode  of  securing 
fully  those  rights  without  an  equality  in  the  courts  of  the  country.  Of  course  I  am  opposed 
to  negro  suffrage  in  whatever  form  or  with  whatever  limitations  it  may  be  proposed. 

I  shall,  if  honored  with  a  seat  in  the  convention,  vote  to  repudiate  the  State  bonds  issued 


96  RECONSTRUCTION. 

on  confederate  account,  but  I  would  prefer  to  have  the  credit  of  doing  it  voluntarily,  rather 
than  from  an  order  from  the  President  of  the  United  States  or  anybody  else. 

I  am  in  favor  of  the  qualified  voters  at  the  ballot-box  electing  all  officers,  from  constable 
to  chief  justice  of  the  supreme  court,  as  heretofore.  I  see  no  cause  to  distrust  the  people  : 
they  have  shown  their  wisdom  by  generally  putting  the  right  man  in  the  right  place. 

Texas  voters  heretofore  have  been  able  to  select  supreme  and  district  judges  who  compare 
favorably  with  those  of  any  appointing  power  that  I  know  of,  not  excepting  those  of  our 
own  distinguished  provisional  governor.  I  think  voters  hereafter  can  exercise  the  same  sa 
gacity,  and  I  am  unwilling  to  take  the  selection  of  any  officer  from  them. 

I  am  of  opinion  that  the  convention  should  meddle  but  little  with  the  State  constitution  : 
in  fact,  would  prefer  letting  it  stand  as  it  is,  with  such  changes  as  arise  from  our  situation, 
and  will  start  us  on  the  high  road  to  our  proper  place  in  the  Union.  When  reason  shall  have 
completely  resumed  her  sway ;'  when  high  sectional  feeling  shall  have  subsided ;  and  when 
the  federal  sword  shall  have  been  returned  to  its  scabbard ;  then,  if  the  constitution  needs 
remodelling  in  other  respects,  that  is  the  proper  time  to  do  it. 

I  have  but  little  to  say  about  myself.  I  loved  the  Union  with  a  devotion  amounting  to 
idolatry ;  but  I  supposed  the  States  had  a  right  to  sever  their  allegiance  to  the  general  gov 
ernment  if  they  chose  to  do  so ;  and  when  the  effort  was  made,  my  duty  was  plain ;  when 
the  unfortunate  war  commenced,  I  did  not  hesitate  to  follow  the  example  of  the  illustrious 
statesman  Sam  Houston,  on  whose  staff  I  then  was.  I,  too,  gave  my  labors  for  what,  for 
the  time,  was  my  country,  exacting  my  allegiance,  and  protecting  my  fireside. 

I  have  been  known  by  many  of  you  for  over  twenty-live  years ;  have  been  honored  by 
the  voters  of  part  of  the  district  perhaps  above  my  deserts.  If  my  past  life  is  not  a  guar 
antee  of  integrity  and  patriotism,  no  argument  of  mine  could  supply  such  evidence,  no 
schedule  of  antecedents  or  promises  of  fidelity  would  claim  respect. 

lam  a  candidate  without  reserve,  and  will  cheerfully  abide  your  decision;  and  whether) 
elected  or  defeated,  will  remain  your  fellow-citizen, 

W.  C.  DALRYMPLE. 


c. 

Letter  of  Mr.  Dulrymple. 

AUSTIN,  TEXAS,  January  2,  1866. 

Editor  of  the  Gazette  : 

I  came  to  town  last  Saturday,  but  had  not  the  pleasure  of  hearing  Judge  Allen's  address 
to  the  citizens,  though  I  learn  from  friends  that  he  treated  myself  and  other  opponents  with 
cold  indifference,  paying  his  respects  only  to  Judge  Bell.  The  remark  of  a  friend  was,  that 
I  was  not  "considered  in  the  race."  Well,  I  am  in  the  race;  but  will  take  occasion  to 
say  that  I  would  not  have  been  a  candidate,  if  the  principles  and  antecedents  of  other  can 
didates  had  been  such  as  I  could  approve.  Who,  then,  have  the  people  before  them  to  mak<- 
choice  from  ? 

Judge  Bell,  a  quasi  negro  suffrage  advocate,  and  secretary  of  state  to  the  Hamilton  .id- 
ministration. 

General  Talbot,  a  renegade  from  the  south,  assisting  pur  then  oppressors. 

Colonel  Sansom,  who  left  Texas  during  the  hottest  of  the  strife,  made  his  way  through  the 
lines,  went  a  thousand  miles  or  so,  took  the  oath  of  allegiance  to  the  United  States,  and 
returned;  and  finally,  my  good  old  friend,  Judge  Allen,  who  has  been  charged  with  being  a 
Kentucky  emancipationist  of  the  olden  time,  and  which  he  has  never  denied,  to  my  knowledge, 
and  is  now  in  favor  of  introducing  the  negro  into  the  court-house,  cheek  by-jowl-with  the 
white  man. 

I  gave  in  a  circular,  a  few  days  ago,  my  views  on  some  of  the  most  important  subjects 
now  engrossing  attention.  By  comparing  my  own  to  the  position  that  I  have  briefly  assigned 
to  each  of  my  opponents,  I  hope  I  have  done  them  no  injustice.  The  truth  is  manifest.  Let 
the  people  decide. 

W.  C.  DALRYMPLE. 


D. 

INAUGURAL  ADDRESS  OF  GOVERNOR  P.  MURRAH. 
Gentlemen  of  the  Senate  and  House  of  Representatives,  ladies,  and  you,  ny  fcllow-citi-cns  : 

I  have  been  chosen  by  the  people  of  Texas  chief  executive  of  the  State  for  the  next  two 
years.  The  office  of  the  chief  magistracy  of  a  great  sovereign  State  like  Texas  is  at  all  times 
one  of  great  importance  and  responsibility;  but  now,  when  war  is  waged  upon  our  common 
country,  and  danger  threatens  the  State  upon  every  hand,  and  when  so  many  grave  questions 
of  policy  are  to  be  met,  its  importance  and  responsibilities  are  greatly  magnified. 


FLORIDA — LOUISIANA — TEXAS.  97 

I  fully  appreciate  the  fact  that  a  majority  of  the  suffrages  of  the  people  have  been  cast  for 
me  at  a  time  when  all  that  is  sacred  to  us  is  involved  in  the  issues  of  a  war  of  such  magni 
tude,  and  of  such  virulence  in  character,  and  when  the  perilous  condition  of  the  country 
requires  of  the  executive  so  much  discretion,  watchfulness,  soundness  of  judgment,  and  firm 
ness  in  the  discharge  of  the  duties  of  his  office. 

I  most  sincerely  thank  the  people  for  the  distinguished  honor  conferred  upon  me,  and  for 
their  manifestation  of  confidence  under  circumstances  so  marked  and  significant.  And  while 
I  distrust  my  ability  and  my  experience  in  public  affairs,  I  can  promise,  without  reservation, 
a  will  and  a  determination  to  discharge  the  duties  of  this  high  trust  with  a  firm  hand,  and  as 
nearly  as  I  can  in  accordance  with  the  wants  of  the  State. 

I  indulge  the  hope  that  a  zealous  devotion  to  the  great  interests  of  the  State  in  these  times 
of  peril  will  plead  not  unsuccessfully,  and  excuse,  for  my  shortcomings  and  want  of  wisdom 
in  this  high  position,  and  that  a  generous  constituency  will  be  slow  to  desert  or  abandon  a 
public  servant  faithfully  laboring  for  the  public  good. 

If  statesmanship  and  ability,  the  power  to  distinguish,  and  the  disposition  to  observe  the 
true  character  of  our  political  system,  be  essential  qualifications  in  the  officials  of  the  con 
federate,  they  can  be  no  less  so  in  the  officials  of  the  State  government.  Texas,  in  allying 
herself  to  the  other  States  of  the  south  for  general  purposes,  and  for  the  common  weal,  sur 
rendered  not  her  sovereignty,  or  her  complete  control  over  all  matters  of. a  local  concern;  and 
it  follows,  as  a  matter  of  course,  that  a  wise  and  judicious  administration  of  the  affairs  per 
taining  to  the  local,  can  be  of  no  less  importance  to  the  welfare  of  the  people,  than  the  proper 
administration  of  the  affairs  pertaining  to  the  general  authority.  A  full  appreciation  of  this 
simple  fact,  and  a  rigid  observance  of  it  in  practice,  will  have  no  little  influence  in  producing 
sober  and  correct  views  as  to  the  scope  and  objects  of  the  confederate  authority,  and  in  mod 
ifying  tendencies  to  partisan  organization  and  partisan  strife,  founded  alone  upon  differences 
of  opinion  as  to  the  extent  and  objects  of  that  authority. 

But  the  responsibilities  of  position,  in  a  government  like  ours,  and  especially  at  a  time  like 
this,  when  the  services  of  all  are  needed,  should  not  deter  the  citizen,  through  timid  appre 
hensions  of  evil  conseqiiences  to  himself,  when  called  by  the  voice  of  his  country,  from  yield 
ing  his  services  to  it.  The  life  of  the  State  is  threatened,  its  welfare  being  at  all  times  an 
object  near  the  heart  of  the  patriot ;  and  all  selfishness  and  merely  personal  considerations 
should  be  banished,  and  the  citizen  in  private  life,  and  in  public  station,  should  be  guided 
alone  by  the  most  exalted  patriotism,  discarding  from  every  act  and  utterance  bearing  reference 
to  public  affairs  all  baser  motives. 

We  are  struggling  through  the  perils  of  bloody  fields  for  the  preservation  of  the  institutions 
inherited  fr<  m  a  glorious  ancestry,  and  it  surely  behooves  us  to  heed  their  voice,  to  be  in 
structed  by  their  experience,  and  to  study  well  the  conditions  and  means  by  which  they  are 
not  only  to  be  maintained  by  the  sword,  but  perpetuated  and  wisely  administered.  For  the 
machinery  of  government,  of  all  machinery,  is  the  most  intricate  and  the  most  difficult  of 
adjustment  and  management ;  and  the  science  of  government,  of  all  sciences,  has  claimed 
from  mankind  the  greatest  share  of  their  attention,  and  yet  has  secured  from  them  the  least 
uniformity  of  opinion  as  to  its  true  mission,  and  as  to  the  principles  which  should  be  em 
braced  in  a  perfect  system. 

Though  the  builders  Avere  master  builders,  yet  the  complicated  and  refined  character  of  our 
political  system,  together  with  the  absence  of  experience  and  precedents  as  guides,  gave  rise, 
from  its  very  origin,  to  the  most  serious  and  delicate  questions  in  the  adjustment  of  State  and 
federal  authority— questions  often  involving  the  most  bitter  party  strifes,  and  the  most  alarm 
ing  excitements  in  the  public  mind,  bringing  at  an  early  day  to  the  minds  of  the  original 
framers  grave  apprehensions  of  the  long  duration  of  the  workmanship  of  their  own  hands. 

Our  bleeding  and  struggling  country  warns  the  people  of  the  dangers  of  holding  to  differ 
ences  of  opinion  vital  in  their  character,  as  to  the  tine  nature  of  the  government  of  their  own 
formation,  and  of  yielding  themselves  up  blindly  to  partisan  organizations  and  partisan 
strifes,  for  the  purpose  of  building  up  theories  at  variance  with  the  government  as  written 
and  ordained.  Instructed  by  experience,  and  guided  by  the  lights  of  the  past,  it  is  hoped  and 
believed  that  if  we  are  true  to  ourselves  we  may  escape  such  dangers  for  the  future,  and 
from  the  beginning  of  our  new  political  career,  not  only  understand,  but  put  in  practice  the 
government  according  to  its  true  theory. 

The  objects  and  the  ends  of  the  State  and  confederate  governments  are  so  distinct,  the 
powers  to  be  employed  by  them  so  well  distinguished  and  defined,  that  it  becomes  a  matter 
of  wonder  how  they  can  be  involved  in  confusion  and  uncertainty. 

The  strength  and  beauty  of  a  federal  system  of  government,  its  value  and  completeness 
as  a  government,  its  harmonious  and  energetic  action,  absolutely  require,  in  both  the  general 
and  local  authorities,  a  rigid  observance  of  the  boundaries  of  power  lying  between  them  and 
marking  out  their  appropriate  spheres  of  action. 

This  simple  rule  forbids  alike  the  usurpation  of  authority  upon  the  part  of  the  general  gov 
ernment,  the  infringment  upon  local  authority,  and  the  denial  on  the  part  of  the  State  to  the 
general  government,  the  exercise  of  authority  clearly  granted  in  the  Constitution.  These 
observations  are  not  deemed  out  of  place  here,  for  the  reason  that  the  extraordinary  events 
daily  transpiring  in  our  country,  together  with  the  universal  demands  of  this  war  upon  its 
energies  and  resources,  are  trying  both  the  strength  and  character  of  the  State  and  confede^ 

7  F  L  T 


98  RECONSTRUCTION. 

rate  organizations,  the  extent  of  their  authority  respectively,  and  bringing  iuto  action  a 
large  class  of  powers,  which  in  ordinary  times,  and  especially  in  times  of  peace,  lie  dormant 
and  unobserved  in  the  organism  of  a  complicated  political  system. 

A  distinction  will  of  course  be  observed  by  every  intelligent  and  just-minded  man,  at  a 
time  when  necessity  forces  upon  the  government  the  employment  of  so  many  agents  for  so 
many  varied  purposes,  between  deliberate  acts  on  the  part  of  the  government  at  variance 
with  the  constitution,  and  mere  irregularities  in  the  exercise  or  execution  of  authority  on 
the  part  of  officials,  which  may  be  promptly  arrested  and  corrected  by  appeals  to  the  proper 
tribunals. 

To  make  such  irregularities  the  foundation  for  factions  and  organized  opposition  to  the 
government  would  be  at  all  times  unjust  and  unwise;  but  in  times  like  these,  madness  and 

It 'is  not  apprehended  by  me  that  the  confederate  government  will  either  inaugurate  or 
persevere  in  a  line  of  policy  that  will  touch  the  sovereignty  of  the  States — infringe  upon  the 
rights  and  privileges  of  the  citizen,  violate  the  compact  between  these  States,  or  fail  to  re 
buke  and  punish  usurpations  of  authority  upon  the  part  of  officials  when  properly  brought  to 
its  attention.  Its  disposition  is  conceived  to  be  the  reverse  of  this,  and  it  is  believed  that  the 
State  and  confederate  authorities  not  only  may,  but  should,  in  their  own  appropriate  spheres, 
and  moved  by  the  agencies  appropriate  to  their  own  organism,  work  harmoniously  together 
in  uniting  and  directing  the  energies  of  the  country  in  this  deadly  conflict  for  freedom  and 
humanity;  for  while  this  contest  shall  continue  for  national  existence,  our  main  business  must  be 
war.  To  its  demands  all  other  considerations  must  yield,  just  as  a  man  yields  all  else  for 
the  preservation  of  his  life.  The  destiny  of  Texas  for  weal  or  for  woe,  and  by  her  own  voli 
tion,  is  connected  with  that  of  the  southern  confederacy,  and  she  has  pledged  herself  to  her 
sister  States  of  the  south  that  their  triumphs  shall  be  her  triumphs,  and  their  fall  her  fall- 
their  f lory  her  glory,  and  their  sorrows  her  sorrows. 

She  has  pledged  life  and  sacred  honor  that  the  lone-star  banner,  around  which  cluster  so 
many  glorious  memories,  sacred  to  the  cause  of  civilization  and  well-ordered  government, 
shall  never  be  a  banner  of  treason  to  the  southern  confederacy  or  to  her  own  plighted  faith. 

Texas  can,  of  course,  as  other  States,  act  but  a  subordinate  part  in  the  conduct  ot  this 
war.  And  yet  the  line  of  policy  to  be  pursued  by  her  as  a  sovereign  State,  under  existing 
circumstances,  may  not  only  be  essential  to  her  own  liberties,  but  to  the  liberties  of  the 
southern  confederacy. 

Up  to  this  period  in  this  bloody  drama,  Texas  has  discharged  her  duties  fully  and  nobly- 
even  beyond  the  legal  demands  made  upon  her  energies  and  resources. 

Wherever  danger  has  been  incurred,  or  glory  won  upon  the  Held  of  strife,  her  sons  have- 
poured  out  their  generous  blood  freely,  and  won  for  themselves,  their  State,  and  their  com 
mon  country,  imperishable  renown. 

But  dangers  thicken  around  us,  and  make  still  greater  demands  upon  her  patriotism  and 
power.  The  fall  of  Vicksburg  and  Port  Hudson,  the  consequent  imperfect  correspondence 
with  the  States  east  of  the  Mississippi  river,  and  with  the  government  at  Richmond,  has  ren 
dered  the  trans-Mississippi  department,  to  a  very  considerable  extent,  self-dependent,  ii< 
only  for  counsels,  but  for  the  means  of  prosecuting  the  war  and  defending  itself.  The  peo 
ple  of  Arkansas  and  Louisiana  are  flying  by  thousands  with  their  property  to  our  borders  to 
escape  the  presence  of  an  insolent  and  insulting  foe ;  and  large  portions  ot  the  territory  of 
those  States  are  already  within  federal  lines. 

Under  these  circumstances,  it  will  be  admitted  that  Texas  occupies  a  large  place  in  ti: 
trans-Mississippi  department.      Her  territory  is  vast,  her  geographical  position  favorable, 
her  resources  great ;  her  credit  has  been  used  but  to  a  limited  extent ;   her  people  have   net 
been  driven  from  her  borders,  murdered  upon  her  soil,  or  her  property  destroyed,  as 
been  the  case  with  her  sister  States. 

She  will  own  these  advantages,  appreciate  her  grave  responsibilities,  and   rising  witl 
occasion  that  demands  still  greater  effort,  make  full  preparation  to  put  forth  her  strength  to 
the  best  advantage,  when  the  occasion  shall  present  itself.     The  glories  of  San  Jacinto.  Itt 
horrors  of  the  Alamo,  and  the  tyranny  of  Mexico,  are  too  fresh  to  her  memory  ;  her  sacni 
in  this  war  are  too  great,  and  her  experience  too  bitter,  for  her  to  fail  or  falterin  this,  perhaps, 
the  darkest  hour  of  this  dark  contest.     The  spirit  of  her  departed  heroes— of  dough,   ol 
Dickson,  ot  Barnes,  of  Carter,  of  Terry,  of  Lubbock,  and  of  thousands  ot  others,  who  offer* 
up  themselves  freely  upon  the  altar  of  their  country— cry  aloud  for  vengeance,  and  tor  s 
greater  sacrifices  on  the  part  of  the  living  in  the  cause  for  which  they  tell.     A  young  giant— 
as  she  is,  almost,  of  the  forest,  with  limb  unfettered  and  spirit  erect  and  free,  that  never 
stooped  to  disgrace  or  tyranny,  Texas  has  not  forgotten  or  forsaken  the  taith  involved  m  t 
issues  of  secession  ;  she  owns  the  presence  of  a  divinity  in  the  wild  storm  ot  human  passioi 
that  racks  this  continent,  and  rinds  the  true  interpretation  of  this,  as  of  all  great  revoli 
in  human  affairs,  in  the  mysterious  ways  of  an  all-wise  and  overruling  Providence. 

As  a  matter  of  course,  the  conduct  of  the  affairs  of  the  State,  and  its  legislation,  shou 
have  reference   in  the  main,  to  our  condition  in  a  state  of  war.     But  we  know  not  how  ki 
these  clouds  shall  hang  over  the  land.     In  the  midst  of  the  embarrassments  and  dangc 
war,  we  should  not  forget  that  the  essential  end  of  government,  and  of  all  struggles 


FLORIDA LOUISIANA — TEXAS.  99 

eminent,  is  the  protection  of  society  and  the  securing  its  welfare  physically,  morally,  and 
mentally.  The  laws,  therefore,  should  be  upheld  and  honored,  and,  iw  far  as  consists  with  the 
circumstances  surrounding  the  State,  rigidly  enforced,  so  as  to  visit  speedy  punishment  upon 

ndencies  to  anarchy  and  violence, 


the  offender  against  its  mandates,  and  check  the  wild  tendencies 

resulting  from  the  demoralizing  agencies  at  work  in  these  times  of  evil.  We  shall  strive  in. 
vain  upon  the  field  of  blood,  if  in  the  mean  time  the  bands  of  society  are  to  be  broken 
asunder — the  habit  of  obedience  to  law  and  the  authority  of  government  forgotten  and  aban 
doned — human  life  and  individual  rights  lefc  unguarded  or  exposed  to  the  caprices  of  the 
mob,  and  the  matured  and  youthful  mind  accustomed  and  familiarized  to  the  fearful  and 
dreadful  scenes  which  always  occur  when  lawless  passions  hold  their  sway.  We  claim  to 
read  in  the  northern  mind  a  downward  course  to  the  dark  abyss  of  confusion,  anarchy  and 
hopeless  tyranny  which  but  too  often  marks  the  destiny  of  nations  involved  in  protracted 
wars  and  bloody  revolutions.  Warned  by  the  ruin  and  misery  that  seems  to  overhang  their 
society,  and  by  the  instructive  voice  of  history,  we  should  not  in  these  times  of  excited  pas 
sions,  of  jealous  apprehensions,  and  of  real  dangers,  overlook  the  importance  of  a  frequent 
recurrence  to  the  fundamental  principles  of  security  lying  at  the  foundation  of  society  and  of 
government,  of  trusting  to  the  regularly  and  legally  constituted  authorities  and  tribunals,  and 
of  laboring  zealously,  watchfully,  systematically,  and  with  proper  foresight,  to  make  them 
fully  adequate  to  the  punishment  and  suppression  of  crime,  and  to  the  protection  of  society 
from  the  wicked  offender  against  its  peace,  its  welfare,  and  its  life.  WTe  should  accord  our 
conduct  with  the  spirit  of  the  constitution  and  the  theories  of  our  government,  and  make  the 
law  a  shield  to  every  man,  and  cause  every  offender  to  be  punished  according  to  the  law. 

In  the  midst  of  this  revolution,  the  education  and  the  training  of  the  rising  generation  ap 
peals  with  peculiar  force  to  the  whole  society  and  to  the  authorities  of  government,  so  far  as 
they  have  control  over  the  subject.  W^e  are  losing  many  men  by  the  casualties  of  the  war, 
and  many  others  are  absent  from  home  beneath  the  banner  of  their  country  contending  with 
the  foe,  some  of  whose  sons  cannot  be  educated  unless  they  receive  aid  from  the  State 
through  that  system  which  finds  its  foundation  in  the  constitution.  The  lapse  of  but  a  few 
years  will~1ntroduce  the  youth  of  the  land  upon  the  stage  of  active  life,  to  act  their  part  in 
society  for  good  or  for  evil.  Every  consideration  as  to  the  welfare  of  society,  and  of  gov 
ernment,  under  our  institutions,  requires  that  they  should  be  trained,  educated,  and  prepared 
for  the  stern  and  varied  duties  that  lie  before  them  as  citizens. 

The  establishment  of  manufactories  for  the  leading  articles  of  husbandry  and  of  daily  con 
sumption,  so  as  to  relieve  the  people  from  a  dependence  upon  a  foreign,  irregular,  uncertain 
and  corrupting  trade,  is  a  consideration  that  will  be  owned  by  all  to  be  of  the  highest  moment. 

The  consummation  of  this  desirable  end  rests  mainly  with  the  people,   limited  and  pre 
scribed,  as  the  government  is,  in  its  powers  over  the  subject.     They  own  the  capital,  the  la 
bor — the  raw  material — the  most  useful  metals  lie  imbedded  beneath  our  soil,  our  geograph 
ical  position  is  favorable  to  the  introduction  of  the  necessary  machinery.     What  can  be  ac 
complished  in  this  line,  by  associations  of  individuals  and  of  capital,  by  enterprise  and  reso 
lution,  can  only  be  determined  by  persevering,  systematic  effort.     The  necessity  and  the  in 
ducements  for  effort  cannot  be  overrated.     It  is  far  better  and  far  more  economical,  as  I  cor. 
ceive,  to  make  capital  yield  its  profits,  not  only  during  the  war,  but  after  its  close,  to  make 
an  enduring  monument  of  a  lofty,  self-reliant  spirit  in  the  people,  by  investing  it  in  perma 
nent  and  useful  manufacturing  establishments,  than  to  squander  it  away  forever  in  purcha 
sing  goods  from  nations  perhaps  indifferent  to  our  fate,  or  from  a  foe  who  are  striving  by 
the  appliances  of  war  to  subjugate  and  enslave  us. 

Besides,  the  uncertain  duration  of  this  trade  should  be  impressed  upon  the  public  mind 
We  know  not  how  soon  the  direction  of  the  war  may  close  the  trade  across  the  Rio  Grande 
and  leave  us  not  only  without  a  market  for  clothing,  but  without  the  machinery  necessary 
to  the  manufacture  of  material  for  them. 

It  is  gratifying  to  learn  that  the  public  mind,  to  some  extent,  is  being  awakened  to  the 
importance  of  this  subject,  and  that  combinations  are  here  and  there  being  made  for  devel 
oping  the  mineral  resources  of  the  State,  and  for  the  introduction  of  machinery  for  manufac 
turing  purposes.  Let  the  spirit  of  enterprise  be  diffused,  and  let  the  good  work  go  on  until 
every  man,  woman  and  child  in  Texas,  if  need  be,  shall  be  clad  in  homespun  or  in  domestic 
manufactures,  and  until  every  field  shall  be  ploughed  with  iron  from  our  native  ores. 

The  first  act  of  my  induction  into  this  high  and  responsible  office  is  the  taking  of  a  sol 
emn  oath  to  discharge  its  duties  according  to  the  constitution  and  the  laws  established  in  ac 
cordance  with  its  provisions.  This  oath  forbids  me  to  tamper  with  the  provisions  of  the 
constitution  ;  it  binds  me  to  make  it  the  law  to  my  official  acts,  as  it  is  the  law  not  only  to 
the  governed,  but  to  all  of  its  officials.  Where  its  provisions  are  plain,  difficulty  is  at  an  end  ; 
and  wherever  doubtful,  resort  should  be  had  to  the  rules  of  interpretation  sanctioned  by  time 
and  experience. 

I  should  with  the  more  apprehension  take  upon  myself  the  administration  of  the  affairs  of 
the  State  were  I  not  to  be  aided  through  the  co-ordinate  branches  of  the  government.  I  indulge 
the  hope  that  the  officials  of  the  various  departments  of  the  government  may  labor  harmo 
niously  and  energetically  together,  with  the  single  purpose  of  securing  the  welfare  and  the 
highest  interests  of  the  State,  trusting  that  the  God  who  has  thus  far  sustained  our  cause 
and  given  victory  to  our  army  upon  an  hundred  bloody  fields  will  vouchsafe  his  guidance 
to  all  those  engaged  in  the  admiuistraton  of  the  public  affairs  of  the  country. 


100  RECONSTRUCTION. 


Message  of  Governor  P.  Murrah  to  the  extra  session  of  the  tenth  legislature. 

EXECUTIVE  DEPARTMENT,  AUSTIN,  May  li,  1804. 
Senators  and  Rcprcscntatites  : 

I  greet  you  again  iii  the  capitol  of  the  State,  a  co-ordinate  branch  of  the  government,  and 
call  for  your  counsels  in  these  times  of  trouble  and  of  danger.  I  return  you  my  thanks  for 
the  kindness  and  courtesy  extended  to  me  during  your  last  session,  and  for  the  zeal  and  de 
votion  exhibited  by  your  legislation  to  the  cause  of  justice  and  of  liberty.  I  have  convened 
you  in  extraordinary  session  with  reference  alone  to  the  public  interests,  and  rely  with  con 
fidence  upon  your  advice  and  aid.  I  called  you  together  in  no  gloomy  mood.  I  am  to-day 
more  sanguine  of  our  ultimate  and  complete  success  than  I  have  been  since  the  war  began. 
The  prospects,  to  me,  are  more  bright  and  cheering,  and  betoken  an  early  dawn  to  our  hopes. 
Our  arms  are  triumphant,  east  and  west  of  the  Mississippi  river;  and  the  recent  victories  in 
Louisiana  arid  Arkansas  cannot  be  overrated  in  value  ;  and  our  gratitude  cannot  be  too  deep 
to  the  officers  and  soldiers  who  periled  their  lives  and  achieved  these  triumphs.  Many  were 
gathered  to  their  fathers  from  these  victorious  fields,  and  we  are  still  left  to  mourn  their  loss, 
to  honor  their  names,  and  to  counsel  and  legislate  for  the  cause  in  which  they  perished.  But 
one  sentiment  can  animate  our  bosoms — patriotism  and  devotion  to  the  altars  upon  which 
they  sacrificed  their  lives. 

If  the  respite  and  safety  secured  to  us,  for  a  time,  by  these  successes  are  properly  im 
proved  by  the  people  and  authorities,  State  and  confederate,  the  trans-Mississippi  depart 
ment  may,  in  a  few  months,  be  placed  in  a  stronger  and  better  condition  than  it  has  been 
siKce  the  contest  began. 

I  shall  detail  to  you,  plainly,  the  condition  of  the  State,  and  call  your  attention  to  such 
matters  of  public  interest  as  I  consider  require  your  serious  and  patient  consideration. 

THE  CURRENCY. 

Congress  owned  the  fact  that  the  confederate  currency  was  almost  worthless,  and  pro 
vided  for  its  withdrawal  from  circulation.  The  act  was  bold,  if  not  approved  by  wisdom 
and  good  faith.  It  was  an  act  of  financial  destruction,  if  not  of  financial  skill.  They  cre 
ated,  they  destroyed.  I  have  no  comments  to  make.  I  shall  deal  with  the  legislation  of 
Congress  as  it  affects  the  finances  of  the  State. 

In  regular  session,  last  winter,  in  a  spirit  of  patriotism,  and  for  the  purpose  of  sustaining 
the  confederate  currency,  you  made  all  the  appropriations  in  it.  You  authorized  the  taxes 
to  be  collected  in  it,  and  the  obligations  of  the  State  to  be  paid  from  it.  You  believed  that 
Congress  would  provide,  in  some  way,  to  sustain  the  currency.  After  the  first  of  July,  it 
the  currency  is  paid  out  at  all  from  the  treasury,  it  must  be  at  a  discount  of  33fc  per  cent, 
on  the  dollar,  and  on  the  one-hundred-dollar  notes  at  a  still  greater  sacrifice.  One-tenth  of 
the  annual  taxes  making  the  common-school  fund,  shares  the  same  destiny.  This  heavy 
discount  is  upon  a  currency  rating  from  twenty  to  thirty  to  one  in  value  in  comparison  with 
specie.  What  proportion  of  the  taxes  has  already  been  collected,  what  proportion  is  yet  to 
be  collected,  I  am  not  informed ;  but  it  is  beyond  controversy  that  this  accumulation  iu^  the 
treasury  is  almost  worthless,  and  that  measures  must  be  speedily  adopted  to  relieve  the  State 
from  this  embarrassing  position.  Whether  the  collection  of  taxes  in  the  present  currency 
should  not  be  at  once  arrested,  and  the  disposition  of  what  is  already  collected,  and  what 
may  yet  be  collected,  is  for  your  consideration.  I  brlieve  that  it  should  be  exchanged  tor 
the  new  issue.  The  State  cannot  afford  to  hold  it  and  fund  in  bonds.  This  would^at  once 
deprive  her  of  the  means  provided  by  law  to  meet  her  pecuniary  obligations.  Wiien  this 
exchange  can  be  effected,  I  am  not  informed ;  but  that  it  should  be  speedily  done,  is  evident. 
The  State,  so  soon  as  the  necessary  measures  can  be  put  in  operation,  should  cease  to  pay 
out  this  currency.  After  the  first  "of  July,  if  it  can  be  avoided,  no  payments  should  be  mMC 
with  it.  Whether  the  old  can  be  exchanged  for  the  new  issue,  and  taxes  gathered  in  the  ii.-w. 
with  sufficient  expedition  to  meet  the  wants  of  the  government,  is  a  matter  tor  your  imme 
diate  inquiry. 

It  is  necessary  to  look  beyond  a  few  months,  or  mere  temporary  arrangements,  m  ivier- 
ence  to  the  financial  policy  of  this  State. 

The  issue  of  treasury  warrants  was  very  properly  arrested,  to  prevent  them  from  being 
paid  out  in  connexion  with  confederate  notes,  and  at  the  same  depreciated  rates. 

The  question  is  now  distinctly  propounded  to  you,  and  must  be  answered  by  your  legisi 
tion,  whether  you  will  continue  the  same  financial  system,  depend  entirely  upon  confedera 
notes  in  all  their  fluctuations  and  rapid  changes  as  to  value  and  form,  or  adopt  a  diftere 
system.     This  system  has  been  fully  tried,  and  the  results  to  the  State  are  fully  before  you. 
The  new  currency  will  doubtless  be' better  than  the  present,  and  may  continue  so  lor  soi 
time;  but  how  long,  none  can  tell.     What  value  will  be  placed  upon  the  new  issue  is 
the  future  to  determine ;  but  the  habit  is  established  by  the  people,  in  the  use  of  cot 
money,  of  receiving  and  paying  it  out  at  its  market  value.    The  confederate  governim-ii 
not  only  proclaimed  the  present  currency  depreciated,  but  it  long  since  taxed  go! 
tion  to  its  superior  value  over  confederate  notes. 


FLORIDA LOUISIANA TEXAS.  101 

It  is  certain  that  a  revolution  has  taken  place  in  the  minds  of  the  people  and  the  general 
government  on  the  subject  of  currency.  A  more  firm  basis  is  being  looked  for,  and  specie 
is  being  recognized  as  the  standard  by  which  to  determine  the  value  of  the  paper  currency. 
It  is  useless  to  deny  the  fact  or  attempt  to  conceal  it.  Every-day  transactions,  from  Rich 
mond  to  San  Antonio,  prove  it.  The  currency  is  treated  as  depreciated,  and  is  so  estimated 
in  buying  and  selling,  and  the  habit  being  so  generally  established,  will  certainly  continue 
until  the  currency  ceases  to  be  depreciated,  and  is  regarded  as  sound.  I  do  not  believe,  how 
ever,  that  the  State  and  the  people  should  forget  the  obligation  to  sustain  it  as  far  as  possible, 
by  making  all  the  sacrifices  that  can  be  expected.  The  question,  however,  is  presented, 
whether  or  not  the  State  alone  shall  continue  to  receive  this  currency  at  par ;  and  if  so, 
whether  she  can  continue  to  conduct  her  operations,  and  discharge  her  pecuniary  obligations. 
If,  however,  the  policy  is  to  be  continued,  of  relying  alone  upon  the  confederate  currency, 
the  issue  of  treasury  warrants  should  be  avoided,  if  possible,  for  the  reasons  heretofore 
given.  If  a  different  financial  system  is  to  be  adopted,  what  shall  it  be  ? 

I  confess  that  the  pressure  of  engagements  has  prevented  me,  thus  far,  from  giving  that 
full  attention  to  the  subject  which  its  great  importance  demands,  and  which  is  necessary  to 
the  formation  of  views  which  could  be  recommended  as  decided  convictions. 

But  the  interest  of  the  State  requires  that  the  subject  should  be  thoroughly  canvassed  ;  and 
it  might  be  considered  whether  the  assessments  of  1860  or  J861  might  not  be  taken  as  a  basis 
of  values,  taxes  collected  in  State  treasury  warrants,  coupons  of  State  bonds  at  par,  specie, 
and  the  confederate  currency  at  its  value  in  the  market.  Treasury  warrants  could  be  substi 
tuted  for  the  coupons  as  they  were  paid  into  the  treasury,  and  a  provision  made  for  funding 
the  warrants  in  six  per  cent,  bonds  whenever  too  many  of  them  were  found  in  circulation. 
The  fact  that  the  coupons  were  received  in  payment  of  taxes  would  increase,  in  all  proba 
bility,  the  value  of  the  bonds,  and  at  the  same  time  diminish  the  amount  of  specie  necessary 
to  redeem  the  coupons.  It  might  not  be  necessary  to  fund  any  of  the  treasury  Avarrants  for 
some  time  to  come,  perhaps  not  until  the  war  shall  end,  as  they  would  become  a  circulating 
medium,  and  be  sought  for  by  the  tax-payer.  Under  such  a  system  the  taxes  might  be 
greatly  diminished  and  yet  be  of  greater  value.  It  is  not  my  purpose  to  elaborate,  but 
merely  to  call  your  attention  to  this  subject. 

I  am  aware  that  it  would  require  time  to  depart  from  the  present  system,  arid  to  put  into 
operation  such  a  one  as  is  indicated  above.  There  would  be  difficulties  to  overcome.  It 
would,  practically,  be  found  difficult  to  determine  the  value  of  confederate  notes  in  a  manner 
satisfactory  and  just  to  all  portions  of  the  State.  The  government  would  have  to  be  provided 
for  until  taxes  could  be  collected  under  such  a  system;  and  how  far  the  present  currency  and 
the  new  issue  will  meet  the  want,  and  in  what  manner  it  should  be  employed  for  the  purpose, 
would  be  for  your  consideration.  The  taxes  that  may  be  remaining  in  the  treasury  on  the 
first  of  July  will  be  diminished  in  amount  one-third  by  the  operation  of  the  law  of  Congress, 
unless  funded  in  the  six  per  cent,  confederate  bonds. 

It  is  at  all  times  important  to  sustain  the  credit  of  the  State ;  and'no  w  that  we  are  so  isolated 
from  the  government  at  Richmond,  it  is  even  more  so.  Her  credit  in  the  progress  of  this 
struggle  may  not  only  be  essential  to  the  safety  of  the  State,  but  important  to  the  whole 
trans-Mississippi  department.  It  should,  therefore,  be  guarded  and  cherished  with  great 
care.  The  resources  and  position  of  the  State  will  enable  her  to  cany  a  very  large  debt, 
should  it  become  necessary,  and  it  is  for  you  to  determine  whether  the  interest  on  the  bonds 
outstanding  shall  be  regularly  paid  or  not.  It  is  important  that  it  should  be  done ;  and  it 
can  be,  provided  the  State  is  unembarrassed,  in  a  judicious  plan  of  piirchasing  and  disposing 
of  cotton. 

STATE   TROOPS. 

At  your  regular  session  last  winter  you  provided  for  an  organization  of  a  State  military 
force,  to  continue  during  the  present  war,  embracing  all  capable  of  bearing  arms  between 
the  ages  of  eighteen  and  forty-five  years,  not  liable  to  confederate  service,  and  those  be 
tween  the  ages  of  forty-five  and  fifty.  This  organization  was  intended  to  be  a  reserve  corps, 
to  be  employed  in  the  defence  of  the  State,  and  in  co-operation  with  confederate  troops,  and 
under  confederate  authority,  whenever  the  necessity  should  exist.  The  organization  was 
calculated  to  do  much  good,  and,  completed  and  employed  as  designed  by  the  law,  was  well 
suited  riot  only  to  the  wants  of  the  State,  but  also  to  its  defence.  The  organization  was 
never  thoroughly  completed  as  provided  for.  It  was  defeated  by  the  operation  of  various 
unexpected  and  unforeseen  causes  and  difficulties.  It  is  for  the  present  as  a  State  force  gone ; 
and,  as  you  left  this  force  to  some  extent  under  my  control  and  in  my  charge,  the  explanation 
is  due  to  you  and  to  the  country  from  me  why  the  organization  was  never  completed,  and  why 
it  is  gone,  and  it  shall  be  frankly  and  concisely  given.  When  the  legislature  adjourned  in 
December  last  the  enemy  were  in  considerable  numbers  threatening  the  State  from  the  coast, 
and  also  from  Louisiana,  and  you  had  by  law  empowered  me  to  continue  the  State  troops  in 
the  field,  if  deemed  necessary,  and  the  law  contemplated  that  a  reorganization  of  them  might 
take  place  in  the  field.  I  determined  that  it  was  not  only  necessary  that  the  troops  should 
continue  in  service,  but  that  the  reorganization  should  take  place*  on  the  coast,  where  the 
troops  then  were,  under  the  command  of  Major  General  Magruder,  and,  on  the  6th  of  Janu 
ary,  I  not  only  caused  the  necessary  orders  to  be  issued  to  the  officers  to  hasten  to  the  coast 


102  RECONSTRUCTION. 

the  State  troops  uot  theu  iu  service  to  participate  in  the  reorganization,  but  I  issued  also  an 
address  urging  upon  them  the  necessity  of  a  prompt  and  cheerful  obedience  to  the  law.  I  was 
soon  gratified  with  the  intelligence,  coming  up  from  different  portions  of  the  State,  of  a  gen 
eral  disposition  to  obey  the  law,  and  soon  many  began  to  move  to  the  post  of  duty  to  which 
they  had  been  called. 

The  troops  in  service  were  still  under  the  command  of  the  major  general  commanding  the 
district  of  Texas,  New  Mexico,  and  Arizona,  for  the  period  of  time  for  which  they  were 
drafted  and  had  volunteered  had  not  then  expired,  and  as  they  had  been  received  into  con 
federate  service  at  different  dates,  their  time  of  service  expired,  some  early  in  February,  some 
later  in  that  month,  and  some  even  late  in  the  month  of  March.  It  became  necessary,  there 
fore,  to  fix  a  day  intermediate  between  the  period  of  the  expiration  of  the  service  of  the  first 
companies,  battalions,  and  regiments  who  had  entered  the  field  and  the  last,  and  the  2Uth  of 
February  was  mutually  agreed  upon  between  Major  General  Magruder  and  myself  as  the 
proper  time. 

On  the  twenty-third  day  of  January  I  issued  a  formal  order  continuing  the  troops  in  ser 
vice,  and  at  the  same  time  announced  to  them  the  twentieth  day  of  February  as  the  day 
agreed  upon  for  the  reorganization,  and  notified  them  that,  after  the  reorganization,  they* 
would  be  continued  under  the  command  of  Major  General  Magruder. 

Late  in  January  I  learned  that  great  discontent  prevailed  among  this  body  of  troops,  and 
that  many  of  them  were  leaving  their  posts  and  going  home,  and  that  a  different  day  than 
that  agreed  upon  had  been  fixed  by  the  major  general  for  the  reorganization  ;  and  I  also 
learned  that  various  orders  had  been  issued  from  his  headquarters  affecting  the  reorganiza 
tion,  and  certainly  calculated,  though  not  designed,  to  delay  and  to  defeat  for  a  time  any 
thing  like  a  complete  State  organization.  Among  others,  General  Orders  Nos.  7  and  14  were 
issued  on  the  12th  and  20th  of  January,  respectively,  which  show  that  an.  effort  was  made 
to  enrol  and  conscript  those  between  the  ages  of  eighteen  and  forty-five  years  before  the 
term  of  service  of  the  State  troops,  of  which  they  were  a  part,  expired,  and  that,  too,  after 
an  order  issued  by  me  prolonging  the  service  of  these  troops.  I  found,  when  I  came  into 
office,  that  a  large  number  of  those  embraced  by  the  State  troops  were  under  forty-five  years 
of  ago.  You  so  left  the  organization  when  you  adjourned  last  winter.  I  had  no  other  im 
pression,  from  my  correspondence  with  General  Magruder  during  the  session  of  the  legisla 
ture,  and  for  some  time  after  its  adjournment,  but  that  it  was  his  desire  and  expectation  that 
this  element  should  be  continued  with  the  State  force;  that  while  fronting  the  enemy  upon 
the  coast  it  was  no  time  for  separating  them  from  those  between  the  ages  of  forty-five  and 
fifty  years;  and  that  you,  judging  from  the  law  enacted,  expected  these  two  classes  to  remain 
in  conjunction,  forming  one  organization  for  six  months,  to  meet  the  crisis  then  threatening 
the  State  from  the  coast.  I  acted  upon  these  impressions  in  arranging  the  plan  for  the  reor 
ganization  of  the  troops  in  the  field.  I  was  not  apprised  of  any  other  impression  or  inten 
tion,  on  the  part  of  the  major  general  commanding  tin;  district,  until  some  time  after  the 
issuance  of  General  Orders  No.  14,  already  referred  to,  and  until  I  heard  of  the  dissatisfaction 
prevailing  among  the  troops. 

It  is  due,  however,  to  General  Magruder  to  state  that  ho  claimed  to  have  a  different  im 
pression  as  to  the  organization  and  disposition  of  those  between  the  ages  of  eighteen  and  forty- 
rive  ;  and  that  in  endeavoring  to  enroll  and  place  them  into  regiments  separate  from  the  State 
troops,  he  was  acting  under  the  orders  of  General  Smith.  It  is  also  proper  here  to  state,  that 
General  Smith,  in  the  conference  hereafter  alluded  to,  said  that  it  was  understood,  between  him 
and  ex-Governor  Lubbock,  when  this  class  of  men  were  organized  with  the  State  troops,  that 
they  were,  at  the  end  of  six  months,  to  be  liable  to  conscription  and  be  continued  in  confed 
erate  service.  The  statement  of  General  Smith  was  fully  corroborated  by  Governor  Lubbock. 
Still,  this  understanding  was  not  made  known  to  the  men,  and  they  were,  under  the  orders 
referred  to,  deprived  of  a  privilege,  granted  under  the  law  conscripting  them,  of  selecting 
their  commands,  and.  virtually,  arbitrarily  assigned  to  service. 

With  as  little  loss  of  time  as  possible,  after  receiving  this  intelligence,  I  met  Generals 
Smith  and  Magruder,  by  invitation,  in  Houston  about  the  third  of  February,  in  consultation 
upon  this  subject :  and,  after  a  full  and  free  conference,  the  following  order  was  announced  : 

["Special  Order  No.  35.] 

"HEADQUARTERS  DlST.  OF  TEXAS,  NEW  MEXICO,  AND  ARIZONA, 

"  Jfouston,  Ftbruary  4,  1864. 

"  After  a  conference  between  his  excellency  the  governor  of  Texas  and  the  commanding 
generals  of  the  department  and  district,  the  following  is  announced  to  the  State  troops  a>  tin- 
decision  ultimately  arrived  at,  and  by  which  all  concerned  will  be  governed : 

"All  members  of  the  State  troops  under  forty-five  years  of  age  are  permitted,  at  their  op 
tion,  to  form  new  organizations  of  companies  in  the  Confederate  States'  service  to  serve  for 
the  war,  and  to  elect  their  officers,  or  may  join  existing  organizations  in  the  confederate 
service,  and  all  who  do  not  join  either  will  be  reorganised  on  the  tiOth  instant  with  the  State 
troops  under  the  late  State  law. 


FLORIDA LOUISIANA TEXAS  103 

*'  On  the  reorganization  of  the  State  troops,  all  men  now  liable  to  conscription  will  be  en 
rolled,  and  will  be  allowed  to  remain  in  the  State  troops  for  the  period  of  six  mouths,  at  the 
expiration  of  which  time  they  will  be  transferred,  in  accordance  with  the  conscript  law,  to  the 
confederate  service. 

"By  command  of  Major  General  J.  Bankhead  Magruder. 

"\V.  A.  ALSTON, 
"  Assistant  Adjutant  General." 

On  the  fifth  of  February,  after  still  further  considering  the  condition  of  the  troops — the 
fact  that  so  many  of  them 'had  left  the  field,  and  the  smallness  of  the  number  left — General 
Orders  No.  13  was  issued,  with  niy  full  consent,  as  follows: 

["General  Orders  No.  13.] 

"HEADQUARTERS  STATE  TROOPS,  DlST.  OF  TEXAS,  N.  MEXICO,  AND  ARIZONA, 

"  Houston,  February  5,  1864.  , 

"In  order  to  enable  the  State  troops  now  in  the  field  to  reorganize  within  their  brigade 
limits,  so  as  to  permit  those  about  to  enter  the  service  under  the  recent  act  of  the  legislature 
to  participate  in  the  reorganization,  as  well  as  to  afford  the  men  entitled  to  furloughs  the 
means  of  reaching  their  homes,  the  major  general  commanding  directs  : 

"I.  That  on  the  15th  day  of  February  the  regiments  and  battalions  of  State  troops,  (except 
ing  those  persons  who  have  volunteered  under  General  Orders  No.  1C,)  under  the  comma'hd 
of  their  officers,  shall  be  marched  to  their  original  battalion  encampments,  where  they  shall 
be  furloughed  until  the  15th  of  March  next.  Commanders  of  the  companies  of  State  troops, 
on  arriving  within  their  brigade  districts,  will  immediately  report  by  letter  to  the  acting  brig 
adier  general  of  the  district,  with  the  muster  rolls  of  their  companies  as  they  stand,  stating 
the  names  and  residences  of  their  officers  and  men. 

"II.  Quartermasters  of  each  regiment  and  battalion  of  State  troops  will  furnish  such  trans 
portation  and  subsistence  as  is  absolutely  necessary  (not  exceeding  one  wagon  to  every  one 
hundred  and  fifty  men,  including  field,  staff,  and  company  officers)  to  enable  them  to  reach 
their  battalion  camps.  All  other  public  property  will  be  turned  over  by  the  quartermaster 
for  the  use  of  the  companies  organized  under  General  Orders  No.  16. 

"A  commissioned  officer  will  be  assigned  to  act  as  quartermaster  for  detached  companies 
of  the  State  troops,  to  procure  supplies  on  the  march. 

"Leaves  of  absence  may  be  granted  to  the  officers,  and  furloughs  to  the  men  from  the  15th 
of  February  to  the  15th  of  March  next ;  but  those  receiving  furloughs  will  not  be  furnished 
with  transportation  or  subsistence. 

"  III.  Upon  the  15th  day  of  March  next  the  companies  of  State  troops,  including  those 
enrolled  under  the  last  act  of  the  legislature,  will  assemble  at  the  original  battalion  camps. 
All  those  residing  in  the  brigade  district,  as  originally  formed,  rendezvousing  at  the  battalion 
camp  of  that  district,  Avhen  they  will  be,  within  five  days  thereafter,  reorganized  into  compa 
nies  in  conformity  with  the  State  law. 

"The  senior  commissioned  officer  now  serving  with  the  State  troops,  and  present  at  the 
reorganization,  will  act  as  mustering  officer,  and  will  make  returns  of  the  muster-rolls,  one 
copy  of  which  shall  be  sent  to  the  adjutant  and  inspector  general  of  the  State  at  Austin,  to 
the  brigadier  general  commanding  the  district,  and  to  these  headquarters. 

"  Those  companies  forming  the  regiments  and  battalions  will  be  brought  together  under  the 
orders  of  the  State  brigadier  generals,  when  the  regiments  and  battalions  will  be  reorganized. 

"IV.  Upon  the  reorganization  of  the  regiments  and  battalions  in  conformity  with  the  State 
law,  as  provided  for  in  the  preceding  paragraph,  the  non-commissioned  officers  and  privates 
shall  each  be  divided  into  three  classes,  to  be  called  the  first,  second,  and  third  class.  The 
third  class  shall  be  composed  of  those  not  now  in  the  field.  Those  now  in  the  field  shall  be 
divided  by  lot  into  two  classes,  in  accordance  with  the  provisions  of  the  law,  and  those  of 
the  first  class  shall  be  furloughed  for  three  mouths. 

"The  classification  as  above  made  shall  be  noted  on  the  muster-roll. 

"  V.  All  commissioned,  regimental,  and  company  officers  will  retain  their  respective  positions 
until  the  reorganization  is  completed,  in  accordance  with  these  orders.  The  assistant  quar 
termasters  of  each  regiment  and  battalion  will  provide  forage  and  subsistence  for  the  men 
while  on  the  march  and  in  camps,  and  will  remain  on  duty  witli  the  same  after  the  reorgani 
zation  until  further  orders.  In  the  mean  time  they  will  settle  up  their  outstanding  accounts. 

"VI.  The  commanding  officer  of  each  regiment  or  battalion  will  hold  himself  subject  to 
the  orders  of  the  brigadiers  of  the  militia,  appointed  by  the  governor,  in  order  to  aid  in  the 
execution  of  the  militia  law  of  the  State. 

''He  will  also  take  the  necessary  steps  for  the  anest  of  deserters  from  the  present  commands. 

"VII.  The  major  general  commanding  announces  that  a  paymaster  will  be  sent  to  each 
camp  to  pay  off  the  State  troops  before  they  leave  their  present  encampments. 

"  VIII.  All  persons  who  have  volunteered  from  the  State  troops  into  new  companies  or  old 
organizations  on  or  before  the  15th  instant,  in  compliance  with  General  Orders  No.  10,  or  who 
shall  do  so  before  the  15th  instant,  shall  be  immediately  granted  a  furlough  by  their  company 
commanders  for  thirty  days.  Those  residing  in  the  northern  sub-district  shall  receive  n  fur 
lough  for  fortv  days/ 


104  RECONSTRUCTION. 

"  The  troops  arc  reminded  that  those  who  present  themselves  properly  armed,  mounted, 
and  equipped  will  be  received  as  cavalry. 
"  By  command  of — 

"Maj.  Gen.  J.  BANKHEAD  MAGRUDER. 
"JOHN  SAYLES,  A.  A.  General.'" 

In  conformity  with  these  orders  the  companies  reported  themselves  at  the  time  and  at  the 
places  designated  therein,  and  were  reorganized  ;  but  as  to  the  numbers  who  reported,  I  am 
not  informed.  In  obedience  to  orders  which  I  caused  to  be  issued  from  the  office  of  the  ad 
jutant  and  inspector  general,  four  of  the  brigadier  generals  who  had  been  appointed  by  me, 
under  the  authority  of  the  law  passed  by  the  last  legislature,  designated  places  in  their  re 
spective  brigade  districts  for  the  assembling  of  the  companies  to  be  organized  into  battalions 
and  regiments,  in  conformity  with  Orders  No.  13  and  the  laws  of  the  State,  soon  after  the 
reorganization  of  the  companies.  Brigadier  Generals  McAdoo,  Barnes,  Throckmorton,  and 
Griffith  acted  with  great  promptness,  energy,  and  zeal  in  laboring  to  assemble  the  companies 
and  organize  the  battalions  and  regiments,  and  their  conduct  entitles  them  to  my  thanks  and 
commends  them  to  the  country.  Brigadier  General  John  S.  Ford  was  in  active  service  in  the 
field,  and  was  therefore  unable  to  give  his  personal  attention  to  the  orders  issued  on  this  sub 
ject.  The  companies,  however,  in  his  district  were  reorganized  ;  and  it  is  but  just  to  say,  in 
reference  to  the  people  of  that  brigade  district,  that  so  many  of  them  were  already  in  service 
tha.t  but  comparatively  few  remained  to  be  organized  as  contemplated. 

In  brigade  district  No.  4,  embracing  many  of  the  eastern  counties,  and  for  duty  in  which 
Colonel  H.  H.  Cuinby  was  appointed  a  brigadier  general  by  me,  no  place  was  designated  for 
organizing  the  battalions  and  regiments,  in  consequence  of  his  failure  to  act  and  obey  instruc 
tions  issued  after  accepting  the  appointment  tendered  to  him. 

From  these  facts  it  will  be  seen  that  I  lost  no  time  and  spared  no  labor  to  have  the  troops 
reorganized  in  conformity  with  the  laws  of  the  State  and  Order  No.  13.  I  was  watching  the 
movements  of  the  enemy,  and  was  anxious  to  have  the  troops  ready  to  be  transferred  to  the 
field. 

In  the  mean  time  another  difficulty  arose  of  much  greater  magnitude,  and  which  finally 
resulted  in  defeating  and  destroying  the  State  organization. 

Major  General  Magruder,  so  soon  as  the  recent  act  of  conscription  passed  by  Congress  was 
published  in  the  trans-Mississippi  department,  declined  receiving  the  State  troops  as  State 
troops  in  any  form  of  organization,  although  tendered  to  him,  and  expressed  his  determination 
to  rely  alone  upon  the  law  of  Congress  for  troops.  This  law  was  published  in  Houston, 
according  to  my  recollection,  about  the  20th  of  March,  and  the  troops  in  the  four  districts 
already  named  were  then  assembling  in  their  brigade  encampments  to  be  organized  as  the 
law  of  the  State  required,  and  in  conformity  with  General  Orders  No.  13.  issued  by  himself, 
with  my  consent,  after  they  had  been  continued  in  service  as  State  troops  by  my  orders, 
already  referred  to.  The  position  assumed  by  General  Magruder  virtually  involved  the  as 
sumption  that  the  law  of  Congress  annulled  the  laws  the  legislature  enacted,  and  that  the 
confederate  military  officers  were  thereby  authorized  to  break  up  a  military  organization 
formed  under  the  authority  of  the  State  as  a  reserve  auxiliary  corps,  embracing  men  never 
before  embraced  by  any  legislation  of  the  confederate  government,  and  designed  to  per 
form  nearly  the  same  service  and  to  accomplish  the  same  ends  as  those  proposed  by  the 
law  of  Congress.  Of  course,  I  need  not  state  that  my  opinions  did  not  at  all  accord  with 
his  on  this  subject,  and  that  I  so  represented  to  him.  1  preferred  that  the  State  organixaliou 
should  be  completed,  and  that  the  troops  should  go  to  the  field  as  State  troops,  at  least  until 
the  legislature  should  meet  and  dispose  of  the  embarrassing  question  by  transferring  them 
regularly  to  the  confederate  service  in  a  body,  or  to  be  organized  in  conformity  with,  and  for 
the  purposes  indicated  by,  the  conscript  act,  and  by  adjusting  the  legislation  of  the  State  to 
that  of  Congress,  if  that  body  should  deem  it  proper  so  to  do.  I  insisted  upon  this  as  the 
only  proper  and  legitimate  course  to  be  pursued;  but  General  Magruder  did  not  accede  to  my 
views.  I  believed  that,  in  this  way,  a  larger  number  of  these  troops  could  be  more  readily 
thrown  into  the  field  than  in  any  other  way,  to  meet  the  emergency  then  threatening  the 
State.  The  position  of  the  major  general  involved  the  necessity  of  disbanding  or  furlonghing 
the  State  troops,  for  the  State  was  not  prepared  to  arm,  equip,  and  subsist  them  in  the  field. 
The  enemy,  in  large  numbers,  were  moving  up  Red  river,  through  Louisiana.  Steele  was 
moving  with  a  large  force  from  Arkadelphia  towards  northeastern  Texas.  The  enemy,  in 
force,  were  threatening  northern  Texas  from  Fort  Smith.  Our  forces  were  called  from  the 
coast  to  meet  the  foe  in  Louisiana,  and  that  portion  of  the  State  left  with  few  defenders. 
The  enemy  were  in  sufficient  force  on  the  Rio  Grande  to  require  all  of  our  force  in  the  west 
to  hold  them  in  check.  The  least  appearance  of  differences  and  of  conflict  between  the  State 
and  confederate  authorities  was  to  be  avoided  when  the  enemy  were  approaching  iY»»m  so 
many  directions,  and  the  State  and  trans-Mississippi  department  so  seriously  threatened. 
Time  was  important,  action  was  necessary,  and  a  mere  negative  course  neither  accorded  with 
my  duties  nor  met  the  emergency.  I  pursued  the  course  which  I  deemed  best,  under  all  the 
circumstances.  I  called  upon  the  State  troops,  and  upon  those  liable  to  conscription  under 
the  recent  act  of  Congress,  by  proclamation  issued  on  the  14th  of  April,  to  volunteer  and  or- 


FLORIDA — LOUISIANA       TEXAS.  105 

ganize,  in  conformity  with  the  confederate  law.     I  could  not  order  them  so  to  do  ;  I  had  no 
authority  for  this. 

In  view  of  all  the  questions  and  interests  involved  in  the  subject,  and  affecting,  personally, 
those  who  were  embraced  in  the  State  organization,  General  Orders  No.  1  and  General  Orders 
No.  15,  issued  from  Houston  and  Austin  on  the  llth  day  of  April,  were  mutually  agreed  on 
between  General  Magruder  and  myself;  and  to  these  orders  and  the  proclamation  mentioned 
above  you  are  respectfully  referred  for  the  details  involved  in  the  final  disposition  of  this  em 
barrassing  question  on  my  part.  The  importance  of  this  subject  causes  me  to  place  the  facts 
connected  with  it  so  fully  before  you.  The  State  and  the  confederate  laws  both  stand  unre- 
pealed.  They  embrace,  in  the  main,  the  same  class  of  men,  and  are  designed  to  accomplish 
nearly  the  same  objects. 

The  act  of  Congress,  if  executed  as  it  was  intended  to  be  by  its  frarners,  and  the  organiza 
tion  embraced  under  it  held  as  a  reserve  corps  strictly,  and  employed  as  such,  and  kept  in 
service  only  when  actually  needed  in  the  defence  of  the  State,  will  accomplish  nearly  the 
same  ends  intended  by  your  legislation  as  an  auxiliary  force  ;  but,  in  other  respects.  I  seriously 
apprehend  is  not  so  well  adapted  to  the  varied  wants  of  the  country.  Such  a  corps,  thor 
oughly  organized  under  the  authority  of  the  State,  would  not  only  have  been  an  auxiliary 
force  to  co-operate  with  the  confederate  army  whenever  an  emergency  should  have  presented 
itself,  but  a  reserve  of  laborers,  sowing,  planting,  and  reaping  for  the  support  of  those  in 
regular  service,  and  interrupted  in  their  domestic  vocations  as  little  as  the  exigencies  of  the 
country  would  have  permitted.  I  may  be  mistaken  in  my  calculations,  but  I  am  of  the 
opinion  that  the  men  between  the  ages  of  eighteen  and  forty-five  years,  if  well  equipped,  sus 
tained,  and  armed,  would  furnish  a  sufficient  force  in  the  Trans-Mississippi  department  to  be 
continually  in  the  field,  and  would  be  much  more  formidable  than  greater  numbers  not  so 
well  armed  and  provided  for.  The  whole  subject  is  before  you.  and  is  worthy  of  a  full  con 
sideration  in  all  of  its  bearings. 

The  State  is  now  without  any  military  force  whatever.  She  has  not  even  a  sufficient  police 
under  her  control  in  any  county.  My  views  have  not  changed  since  my  last  message  to  the 
legislature  as  to  the  necessity  of  providing  for  this  want,  jliose  between  the  ages  of  fifty 
and  sixty  years,  and  those  exempt  from  military  service  under  the  laws  of  Congress,  should 
be  organized  into  minute  companies  in  their  respective  counties,  under  the  authority  of  the 
State,  and  their  muster-rolls  forwarded  to  the  office  of  the  adjutant  and  inspector  general. 
Thus  organized,  they  would  aid  in  the  execution  of  the  laws,  civil  and  military;  they  would 
form  an  efficient  police  force  to  watch  over  and  control  the  slave  population ,  and  prevent  them 
from  being  tampered  with;  they  would  arrest  deserters  and  break  up  their  haunts,  and  root 
out  disaffection,  disloyalty,  and  treason  to  our  cause ;  they  would  aid  in  protecting  the  com 
munity  from  violence,  and  from  the  horrid  murders,  robberies,  and  other  outrages,  which  are 
daily  being  committed  in  many  sections  of  the  State ;  they  would  uphold  and  sustain  the  laws 
and  assist  in  their  execution,  and  make  the  wicked  offender  everywhere  feel  that  the  way  of 
the  transgressor  is  hard,  and  thus  strengthen  the  local  or7anization  for  the  protection  and 
defence  of  the  State.  These  duties  are  all  consistent  with  giving  their  time  and  attention 
mainly  to  domestic  interests. 

FRONTIER  ORGANIZATION. 

The  military  organization  in  the  frontier  counties,  provided  for  by  an  act  of  the  10th  legis 
lature,  was  completed  so  soon  as  practicable  after  the  passage  of  the  law,  and  the  frontier 
regiment  transferred  to  confederate  service  on  the  first  day  of  March  last.  I  appointed  AVilliam 
Quayle,  commanding  officer  of  the  1st  district,  George  Erath,  of  the2d,  and  James  M  Hunter, 
of  the  3d,  each  with  the  rank  of  major  of  cavalry,  as  provided  by  law ;  and  it  affords  me 
great  pleasure  to  bear  evidence  to  the  zeal,  energy,  and  intelligence  with  which  the}'  have,  thus 
far,  discharged  the  arduous  duties  imposed  upon  them.  The  indications  so  far  are,  that  the 
organization  is  based  upon  proper  conceptions  of  the  wants  of  that  exposed  section  of  the 
State,  and  that,  when  thoroughly  completed  and  placed  in  working  condition,  it  will  afford 
the  protection  and  accomplish  the  good  anticipated  from  it  by  the  framers  of  the  law.  If 
thoroughly  systematized  and  faithfully  executed,  it  promises  better  protection  against  the 
peculiar  warfare  waged  upon  the  frontier  by  the  Indian  than  any  plan  heretofore  adopted. 
It  seems  to  harmonize  well  with  the  habits,  the  peculiar  interests  and  pursuits  of  the  people  of 
those  counties.  Bona  fide  residents  are  employed  in  this  service,  who  have  families  and 
property  to  protect  from  roving  bands  of  savages  prowling  about  to  murder  and  pillage,  and 
thus  the  protection  of  home  is  blended  with  that  of  the  public. 

So  far  as  reports  have  reached  me,  the  disposition  of  the  organization  to  discharge  its 
duties  according  to  the  requirements  of  the  law,  as  a  general  thing,  is  gratifying,  and 
good  service  has  already  been  rendered  by  it  to  the  State  and  to  the  confederacy,  which  time 
will  fully  develop.  Deserters  from  the  army  have  been  promptly  arrested  and  returned  to 
the  post  of  duty ;  and  orders  issued  from  the  office  of  the  adjutant  and  inspector  general  of 
the  State  to  sustain,  encourage,  and  aid  the  civil  authorities  in  the  discharge  of  their  duties 
in  investigating  violations  of  the  law,  and  in  bringing  to  punishment  offenders ;  to  arrest 
and  transfer  to  confederate  service  those  who  failed  to  do  their  duty  as  soldiers  in  this  ser 
vice  ;  to  inquire  into  all  combinations  against  the  State  and  the  confederacy,  and  to  arrest 


106  RECONSTRUCTION. 

for  punishment,  and  hold  in  custody,  all  connected  with  such  combinations,  have  been 
promptly  obeyed  by  the  commanding  officers  of  the  districts.  The  services  rendered  by  Ma 
jor  Quayle  in  his  district,  in  detecting  and  arresting  and  investigating  the  facts  connected 
with  a  band  of  conspirators  against  the  government,  are  very  important.  Major  Hunter, 
though  laboring  in  the  midst  of  great  difficulties,  deserves  great  credit  for  the  energy  and 
address  exhibited  by  him  in  prosecuting  an  inquiry  into  the  facts  connected  with  the  horrid 
murders  and  robberies  committed  in  Gillespie  county.  I  respectfully  refer  you  to  the  office 
of  the  adjutant  and  inspector  general  for  full  information  upon  all  these  subjects. 

The  number  of  men  embraced  in  this  organization  is  greater  than  was  anticipated  by  you 
when  in  session  last  winter,  and  the  appropriation  made  for  its  pay  and  support  is  far  short 
of  what  will  be  required.  With  the  number  of  men  now  reported  on  the  muster  rolls — if  one- 
fourth  only  of  them  is  kept  in  service  at  a  time — the  expenses  will  amount  to  about  eight 
hundred  thousand  (-$800,000)  dollars,  from  the  best  estimates  that  I  can  make. 

If  the  frontier  regiment  is  to  be  permanently  withdrawn  from  service  on  that  border,  and 
its  defence  left  to  this  organization  alone,  there  may  be  a  necessity  for  putting  a  larger  pro 
portion  of  the  force  in  active  service,  and  then  the  expense  will  be  increased  in  proportion  to 
the  additional  numbers  employed.  This  regiment  was,  about  the  9th  of  April,  ordered  from 
the  frontier,  and  the  condition  of  affairs  in  the  district  commanded  by  Major  Quayle  caused 
him  to  call  to  his  assistance  a  large  proportion  of  the  force  at  his  disposal. 

How  it  is  that  the  numbers  in  this  organization  have  swelled  up  so  much  beyond  the  cal 
culations  made  by  the  10th  legislature  is  a  matter  for  your  inquiry.  I  am  not  informed  of 
the  rule  adopted  to  determine  the  "bonafide  citizen  under  the  law!"  Instructions  have  been 
issued  from  the  office  of  the  adjutant  and  inspector  general  that  the  term  excluded  deserters 
and  those  who  had  left  other  sections  to  avoid  military  service,  and  that  it  only  embraced 
those  who  were  there,  in  good  faith,  before  the  passage  'of  the  law,  with  their  families  and 
property,  and  who  did  not  come  there  to  shirk  duty  elsewhere.  No  man  should  be  permitted 
to  remain  in  that  service  who  does  not  fully  discharge  his  duties  as  a  soldier  and  a  citizen. 
Every  man  who  is  not  true  to  the  country  should  be  expelled  from  the  organization  and 
placed  in  service  under  confederate  authority,  and,  when  found  guilty  of  conspiracy  and  trea 
son,  punished  as  the  law  demands.  The  citizens  of  the  border  counties  were  placed  in  that 
service  to  protect  their  homes  ;  to  protect  the  frontier ;  to  uphold  the  laws,  and  to  do  their 
duty  to  the  State  and  the  confederacy.  The  organization,  thus  purged,  and  composed  only 
of  lonafide  citizens  and  good  and  true  men,  as  already  stated,  will  do  much  good.  Such 
an  organization,  freed  from  demoralizing  elements,  in  conjunction  with  a  reliable  battalion  or 
regiment  to  co-operate  on  the  outside  of  the  border  counties,  will,  it  is  conceived,  give  better 
protection  to  that  exposed  portion  of  the  State  than  has  been  afforded  for  years,  and  seems 
really  necessary  to  break  up  and  guard  against  the  dangerous  combinations  and  elements 
collecting  far  beyond  and  threatening  it  so  seriously. 

If  the  same  views  are  entertained  by  the  confederate  authorities  as  to  this  mode  of  defence 
to  the  frontier,  why  may  not  arrangements  be  made  by  which  the  means  for  sustaining  this 
organization  may  be  furnished  to  the  State  from  the  confederate  treasury  ? 


THE   PENITENTIARY. 


You  adjourned  your  regular  session  last  winter  without  providing  by  law  for  the  distribu 
tion  of  the  products  of  the  penitentiary.  You  left  this  important  matter  to  the  discretion  of 
the  financial  agent  and  the  directors  of  that  institution,  and  imposed  the  responsibility  upon 
them.  I  respectfully  submit  that  the  disposition  of  these  products,  their  price,  and  to  whom 
they  should  go,  are  peculiarly  in  your  province,  and  should  be  fixed  by  law.  The  people 
expect  this  of  their  senators  and  representatives  ;  and  coming,  as  they  do,  from  all  portions 
of  the  State,  they  are  best  calculated  to  judge  of  and  regulate  this  matter,  and  the  interest 
of  the  State  requires  it.  Whether  the  price  should  be  fixed  at  the  market  value,  or  some 
other,  is  for  you  to  determine,  and  also  in  what  proportions  they  are  to  be  distributed  to  the 
army,  the  families  of  soldiers,  and  the  community.  The  subject  left  without  regulation  by 
law,  it  becomes  a  question  whether,  in  a  legal  point  of  view,  the  financial  agent  is  not  bound 
to  sell  these  products  at  their  market  value.  He  is  but  an  agent,  intrusted  with  the  sale  of 
the  property  of  his  principal,  and  the  principal  has  failed  to  fix  the  price,  or  regulate  the  dis 
position  of  the  property,  and  left  the  agent,  under  heavy  bonds,  to  hunt  out  his  legal  obliga 
tions  through  precedent  and  authority.  In  ordinary  times  the  position  would  not  be  so 
embarrassing,  for  the  products  would  not  be  in  such  demand,  and  sales  at  the  market  value 
would  dispose  of  the  difficulty.  But  now,  when  the  families  of  soldiers  require  a  portion  of 
these  fabrics — the  army  needs  them,  and  the  community  clamor  for  them — your  legislation 
should  fix  the  rules  for  the  guidance  of  the  agent.  His  difficulties  are  increased  by  the  con 
stant  and  rapid  depreciation  of  the  confederate  currency,  which  he  is  bound  to  receive  in  pay 
ment  for  the  products.  This  depreciation  devolves  upon  the  financial  agent  and  the  directory 
the  necessity  of  increasing  the  price  of  the  goods  from  time  to  time,  otherwise  the  institution 
would  either  stop  or  become  an  expense  to  the  State ;  and  yet  the  increased  prices  intended 
to  meet,  and  that  only  to  a  very  limited  extent,  the  depreciation  of  the  currency,  causes  dis 
satisfaction  and  complaints  in  the  community,  which  would  not  be  the  case  if  the  whol 
m  atter  was  regulated  by  law. 


FLORIDA LOUISIANA TEXAS.  107 

The  institutions  for  the  blind,  the  deaf,  and  dumb,  and  the  lunatic  asylum,  should  be  fur 
nished  with  such  products  as  they  may  need  from  the  penitentiary,  at  the  prices  that  may  be 
fixed.  It  is  certainly  very  poor  economy  and  very  lame  financiering  for  the  State  to  appro 
priate  money  from  her  treasury  to  support  these  charitable  institutions  and  have  a  large 
portion  of  it  expended  in  the  purchase  of  fabrics  at  fifteen  and  twenty  dollars  per  yard,  not 
worth,  intrinsically,  so  much  as  the  products  of  the  penitentiary,  sold  from  three  to  five  dol 
lars  per  yard  in  the  same  currency. 

The  financial  agent  and  directory  represent  the  necessity  of  purchasing  many  articles  in 
Mexico  which  cannot  be  procured  in  th«  country,  and  yet  are  absolutely  necessary  to  the 
machinery  and  to  the  institution.  These  articles  can,  of  course,  be  purchased  only  with  cot 
ton  or  specie,  and  they  should  be  authorized  to  purchase  and  export,  under  such  regulations 
as  you  may  deem  proper,  such  amounts  of  cotton  as  will  be  necessary  for  these  purposes.  I 
have  to  some  extent  responded  to  the  necessity,  as  represented  to  me,  by  authorizing  the 
purchase  and  export  of  some  cotton  ;  but  authority  for  this  should  be  directly  given  by  law. 

COTTON   FOR   SOLDIERS'   FAMILIES— MEDICINES. 

I  am  advised,  through  frequent  communications  addressed  to  me,  that  many  of  the  fami 
lies  of  soldiers,  in  some  portions  of  the  State,  cannot  procure  cotton  to  make  clothing  when 
they  have  the  spinning  wheels  and  looms,  and  are  willing  to  perform  the  labor.  The  atten 
tion  of  the  county  courts  should  be  called  to  this,  and  this  want  in  some  way  supplied. 

I  am  also  informed  that  there  is  great  scarcity  of  medicines  throughout  the  State,  and  great 
suffering  prevailing  in  consequence  of  this.  Applications  are  numerous  from  physicians, 
sustained  by  the  people,  for  the  privilege  of  exporting  small  amounts  of  cotton  to  supply  this 
want.  I  call  .the  facts  to  your  attention,  that  you  may  provide  a  remedy  for  this  evil,  if 
practicable. 

DEMORALIZATION. 

Imperative  duty  requires  of  me  to  call  your  attention  to  the  fearful  demoralization  and 
crimes  prevailing  throughout  the  State.  In  some  sections  society  is  almost  disorganized,  the 
voice  of  the  law  is  hushed,  and  its  authority  seldom  asserted.  It  is  a  dead  letter,  an 
unhonored  thing  upon  the  unread  pages  of  the  statutes.  Murder,  robbery,  theft,  outrages  of 
every  kind  against  property,  against  human  life,  against  everything  sacred  to  a  civilized 
people,  are  frequent  and  general.  Whole  communities  are  under  a  reign  of  terror,  and  they 
utter  their  dreadful  apprehensions  and  their  agonizing  cries  of  distress  in  vain.  The  rule  of 
the  mob,  the  bandit,  of  unbridled  passions,  rides  over  the  solemn  ordinances  of  the  govern 
ment.  Foul  crime  is  committed,  and  the  criminal,  steeped  in  guilt,  and  branded  by  his  own 
dark  deeds  with  eternal  infamy,  goes  unwhipped  of  justice.  Not  even  a  warrant  is  issued 
for  him,  no  effort  made  by  the  sworn  officers  of  the  law  or  by  the  community  to  bring  him  to 
punishment.  Too  often  the  deed  is  excused,  the  community  is  divided  in  opinion  as  to  the 
guilt,  and  the  criminal  is  screened  from  justice,  unless  Ins  offending  chances  to  touch  some 
particular  influence  or  prevailing  notions,  and  then,  without  trial,  and  without  the  forms  of 
law,  he  is  hung  by  a  mob.  The  law  is  not  at  fault.  It  has  denounced  its  fearful  penalties 
against  transgressors  of  ail  kinds.  It  has  provided  all  the  necessary  officers  to  expound  and 
enforce  its  provisions.  They  are  solemnly  sworn  to  faithfully  discharge  their  duties.  They 
are  armed  with  authority  to  employ  the  power  of  the  country,  when  necessary,  to  execute  the 
law.  They  are  paid  from  the  treasury  of  the  State,  and  from  the  taxes  of  the  people.  They 
are  set  apart  for  the  time  being,  through  the  organism  of  government,  to  this  solemn 
work.  Every  county  and  every  judicial  district  has  the  legal  and  moral  power,  were  the 
officers  and  the  people  earnestly  and  cordially  to  co-operate,  to  root  out  these  evils,  arrest 
these  crimes,  punish  the  offenders,  and  to  restore  the  la\v  to  vigor  and  to  regular  operation. 
Thus  the  law  would  again  become  the  harmony  of  society,  and  secure  it  against  this  fearful 
confusion  and  these  fearful  dangers. 

In  view  of  these  facts,  the  judiciary  and  all  other  officers  should  be  at  their  posts,  and  fear 
lessly  and  faithfully  discharge  their  duties.  The  people  should  encourage  and  sustain  them, 
and  hold  them  to  a  strict  accountability  for  their  short-comings  in  office.  Sacrifices  must  be 
inade  and  moral  courage  displayed  by  the  civil  as  well  as  the  military  officers.  These  quali 
ties  are  as  essential  in  the  one  as  in  the  other,  and  as  important  to  society.  The  severest 
penalties  should  be  provided  for  the  civil  officer  who  now  fails  to  discharge'  the  obligations 
pertaining  to  his  position.  He  should  not  be  permitted  to  eat  bread  in  idleness  and  in  neglect 
of  his  sworn  duties.  The  law  must  triumph,  or  tyranny  and  unbridled  passions  will  reign, 
Order  must  prevail,  or  anarchy  and  the  reign  of  terror  ensue.  Let  the  solemn  warning  from 
the  pages  of  history  instruct  us,  and  let  us  be  wise  in  time. 

PUKCHAsE  OF  COTTON  WITH  STATE  BONDS. 

Diligent  and  as  full  inquiry  as  I  was  enabled  to  make  satisfied  me  that  the  bonds  of  the 
State,  pledging  payment  in  cotton,  could  not  be  sold  except  at  most  ruinous  rates.  I  fully 
believe  that  to  have  pursued,  literally,  the  acts  of  the  legislature  on  the  subject  of  the  disposi 
tion  of  these  bonds  would  have  cost  the  State,  perhaps,  from  three  to  five  millions  of  dollars 


108  RECONSTRUCTION. 

to  have  realized  one  million.  This  could  only  have  sunk  the  credit  of  the  State  still 
lower,  and  was  therefore,  if  possible,  to  be  avoided.  And  besides,  it  was  very  necessary  to 
adopt  some  plan  upon  which  the  State  could  speedily  realize  upon  these  pledges  of  her  credit, 
and,  as  a  matter  of  course,  it  was  necessary  to  conform  the  plan,  to  some  extent,  to  the  most 
singular  condition  of  affairs  existing  in  the  State,  in  order  to  make  it  effective. 

I  found  the  condition  of  things,  with  reference  to  cotton,  about  this  :  Congress  had  then 
laid  no  restriction  whatever  upon  its  free  exportation  ;  and  the  only  restrictions  imposed  upon 
it  were  by  military  authority,  claimed  to  be  exercised  under  the  impressment  law.  The  man 
ner  in  which  this  authority  had  been  exercised — the  toufusion  and  dissatisfaction  that  reigned 
upon  the  subject — the  poor  returns  to  the  public  benefit  from  the  thousands  of  bales  that 
had  been  exported — are  well  known  to  you  and  to  the  country.  Contracts  of  the  most  extrav 
agant  character  were  in  existence  for  the  introduction  of  goods  and  other  army  supplies — 
absorbing  vast  amounts  of  cotton  of  the  best  grades — some  of  which,  it  is  gratifying  to  learn, 
have  been  since  annulled. 

A  cotton  bureau  was  about  being  organized  at  Houston,  by  the  authority  and  under  the 
direction  of  General  Smith,  intended  to  control  cotton  for  purchase  of  supplies  for  the  army. 
This  bureau  was  organized,  and  commenced  its  operations,  and  gave  something  like  system 
to  the  military  control  over  cotton.  The  plan  of  the  bureau  was  about  this  :  They  gave  to 
the  vendor  what  are  popularly  called  specie  certificates  for  one-half  of  his  cotton,  at  prices 
varying,  as  I  am  informed,  according  to  the  quality,  from  ten  to  fifteen  cents  per  pound, 
and  exempted  from  impressment  the  other  half,  or  furnished  him  with  a  permit  to  export  the 
same  amount.  This  system  proceeded  upon  the  calculation  that  the  vendor  could  not  afford 
to  spare  to  the  government  mure  than  half  of  his  cotton,  and  that  his  own  necessities  required 
him  to  retain  the  other  half. 

Transportation  was  scarce,  and  difficult  to  procure.  The  men,  generally,  of  the  State,- up 
to  fifty  years  of  age,  were  then  in  the  army,  find  the  transportation  controlled  by  the  mili 
tary  authorities.  It  was  generally  conceded  that  the  cost  of  transportation  of  cotton,  from 
any  distance  in  the  interior  to  the  Rio  Grande,  was  equal  to  one-half  of  its  value — risks, 
losses,  wastage  considered. 

The  producer  could  not  afford  to  sell  all  his  cotton  for  State  bonds,  however  willing  he 
might  be  to  divide  with  the  State  for  the  public  necessities.  If  he  took  the  bonds  of  the 
State  for  one-half,  he  must  retain  the  other  for  his  own  use,  and  be  protected  in  its  control, 
so  that  he  could  realize  from  it — the  protection  thus  extended  being  the  main  inducement  to 
sell.  A  system  of  permits,  authorizing  the  vendor  to  export  the  same  amount  of  cotton  for 
himself  which  he  had  sold  to  the  State,  was  susceptible  of  great  abuses  ;  and,  besides,  did  not 
secure  other  objects  necessary  and  constantly  kept  in  view.  It  was  necessary  that  the  cot 
ton  should  be  taken  care  of — that  some  one  should  be  responsible  for  it,  from  the  purchase  to 
the  sale  ;  and  that  expedition  and  energy  should  hasten  it  to  the  market.  The  teams  and 
slaves  of  the  planter  were  necessary,  for  the  interests  of  the  military  service  would  only 
admit  of  details,  as  I  believed,  and,  as  the  military  authorities  stated,  to  a  limited  extent ;  and 
the  planter  and  the  vendor  must,  therefore,  be  interested.  Had  it  been  practicable,  without 
extending  any  privileges  to  the  producer,  to  purchase  cotton  for  State  bonds,  as  it  was  not, 
for  the  reasons  already  given,  save  at  enormous  and  ruinous  prices,  it  could  not  have  been 
transported  to  the  Rio  Grande  by  persons  and  agents  hired  for  that  purpose,  having  no 
interest  in  it,  for  less  than  half  of  its  value,  when  the  wastage,  carelessness,  charges,  and 
losses  in  various  ways,  usually  attending  public  property,  were  considered.  It  would  then 
have  required  as  much  cotton  to  have  realized  to  the  State  a  given  sum  of  money,  by  buying 
the  cotton  entire — even  if  it  could  have  been  purchased  at  the  same  prices — as  it  will  to  realize 
to  her  treasury  the  same  amount  upon  the  plan  adopted.  And  besides,  the  confederate  cur 
rency  had  sunk  so  low  in  value  that  had  the  State  undertaken,  through  agents  and  em 
ployes,  to  export  cotton  entirely  upon  her  own  account,  it  would  have  been  necessary  to 
provide,  in  advance,  specie  for  paying  freights  and  charges,  or  to  have  interested  parties, 
able  to  control  the  necessary  transportation,  in  the  cotton  itself.  And  again:  Permi 
they  are  termed,  claimed  to  have  been  extended  by  confederate  authority  to  export  cotton, 
were,  as  I  am  informed,  afloat,  and  are  still,  in  numbers;  and  could  be  bought  at  from  four 
to  six  cents  per  pound  of  the  cotton  authorized  to  be  exported  by  virtue  of  them,  and  be- 
specie  to  some  extent  had  to  be  competed  with  in  purchasing. 

Again:  the  two  acts  passed  by  the  legislature — the  one  contemplating  the  sale  of  the  six 
per  cent,  bonds  for  specie,  or  arms,  munitions  of  war  and  machinery,  cotton  being  pledged 
on  their  face  for  their  redemption  ;  the  other  contemplating  the  issuance  of  seven  per  cent, 
bonds,  redeemable  two  years  after  the  war  should  end,  and  to  be  used  in  the  purchase  of  the 
cotton — were  passed  at  the  same  session,  embraced  the  same  subject-matter,  and  were  designed 
to  accomplish  one  result,  and  might,  therefore,  justly  and  legitimately  be  construed  together 
as  one  act  of  legislation.  Such  a  construction  would  not  only  be  sustained  by  legal  rules  <»t 
interpretation,  but  would  secure  practical  and  beneficial  results  to  the  State,  and  prevent  the 
sacrifice  of  thousands  of  dollars,  perhaps  millions,  to  mere  technicalities.  Why  should  both 
classes  of  bonds  be  used  when  one  only  answered  a  better  purpose  ? 

In  view  of  these  facts  and  considerations,  I  adopted  a  piau  lor  the  purchase  of  cotton  with 
the  seven  per  cent,  bonds,  which  I  believe  just  to  the  planter  and  to  the  vendor — true  to  the 


FLORIDA — LOUISIANA TEXAS.  1 09 

public  interests,  to  the  State,  and  to  the  confederacy — and  which,  I  believe,  will  realize  to 
the  State  her  bonds  at  par,  so  far  as  they  may  be  sold,  as  I  anticipated  when  it  was  adopted. 
The  main  features  of  the  plan  are  these :  the  vendor  transfers  his  cotton  to  the  State,  and, 
under  the  authority  of  the  State,  transports  it  to  the  Rio  Grande  at  his  own  expense  and  risk. 
He  then  retains  one  half  of  the  cotton  for  his  own  use — he  receives  State  bonds  for  the  other 
half  at  its  specie  value  at  that  point,  less  the  actual  cost  of  transportation— the  tran^sporta- 
tion  west  of  the  Trinity  not  to  cost  over  one-fourth  of  the  value  of  the  cotton  in  that  market. 
Where  the  vendor  cannot  export  the  cotton,  the  State  pays  him  for  it  in  State  bonds,  at  its 
value  where  purchased — generally,  from  nine  to  eleven  cents  per  pound,  according  to 
quality — he  exporting  a  like  amount,  under  the  protection  of  the  State,  for  himself.  One 
contract,  according  to  its  terms,  pays  the  State  fifty  dollars  in  specie  for  each,  bale  exported. 
The  departures  from  this  plan,  so  far  as  my  information  goes,  are  to  a  limited  extent,  and 
admitted  only  for  the  purpose  of  securing  necessary  energy  and  transportation,  and  proper 
compensation  to  those  who  were  laboring  and  expending  their  money  in  the  purchase^  and 
exportation  of  cotton,  the  purchase  of  rope  and  bagging,  &c.,  for  the  benefit  of  the  State. 
The  departures  have  been  indulged  only  for  these  reasons,  and  then  limited  in  extent,  so  as 
not  to  defeat  the  realization  to  the  State  of  her  bonds  at  par,  in  specie  or  its  equivalent,  and 
all  that  was  promised  for  the  cotton  when  purchased. 

There  is  no  illegal  force,  no  illegal  and  oppressive  exactions  made  of  the  producer ;  there 
is  but  little  risk  incurred  by  the  State,  no  chance  for  fraud,  as  the  State  only  pays  for  what 
she  actually  receives.  It  is  a  direct  appeal  to  his  patriotism,  his  liberality,  and  to  his  interest, 
private  and  public,  and  his  energies  and  capital — united  in  the  promotion  of  the  two  interests. 
The  tithe— the  only  tax  imposed  upon  cotton  by  Congress,  except  the  export  duty— is  paid ; 
and  if  the  owner  and- producer  realizes  something  out  of  the  remainder,  it  is  but  his  due,  for 
the  property  is  his  own  hard  earnings.  The  producer,  of  all  classes  of  men,  should  be  en 
couraged  ;  "and  one  design  of  this  system  was  to  give  him  encouragement,  to  arouse  his  ener 
gies,  and  cause  him  to  feel  that  he  "had  some  interest  in  his  own  productions. 

To  prevent  cotton  from  being  exported  in  the  name  of  the  State,  not  embraced  under  the  plan 
proposed,  and  to  secure  to  her  treasury  all  that  is  promised  from  it,  this  plan  was  thus  sys 
tematized.  The  cotton  is  reported  at,  and  recorded  in,  the  offices  at  Houston,  San  Antonio,  . 
and  Eagle  Pass,  and  from  those  offices  to  me,  at  this  place  ;  and  by  me,  the  reports  are  re 
ferred  to  the  military  board,  to  be  preserved  and  recorded,  and,  on  the  arrival  of  the  cotton 
on  the  Rio  Grande,  it  is  to  be  disposed  of  in  accordance  with  the  agreements  under  the  plan. 
Colonel  E.  B.  Nichols,  of  Galveston,  a  merchant  of  long  standing,  and  well  known  for  his 
success  and  ability  as  a  business  man,  was  selected  as  the  agent  or  commissioner  of  the 
State,  to  dispose  of  the  bonds  and  purchase  and  dispose  of  the  cotton.  The  appeal  was 
made  to  the  citizens  and  they  cheerfully  responded  to  the  call,  and  in  a  few  weeks  a  large 
amount  of  cotton  was  conveyed  to  the  State  under  this  plan,  and  much  of  it  is  now  being 
transported  to  the  Rio  Grande  and  a  part  has  been  sold,  and  more  is  directed  to  be  forwarded 
to  Houston  to  pay  for  arms  already  imported  from  abroad,  and  to  be  purchased  at  that  point. 
It  is  my  intention  to  forward  to  that  point  as  much  of  the  cotton  as  can  be  used  to  advan 
tage  in"  the  purchase  of  arms  and  munitions  of  war.  If  the  State  is  freed  from  embarrass 
ment  in  the  execution  of  this  plan,  she  will,  in  a  short  time,  be  enabled  to  pay  for  several 
thousand  stand  of  arms,  all  the  munitions  of  war  necessary  to  frontier  protection,  and  per 
haps  much  more,  and  have  quite  a  surplus  left  to  sustain  her  or  to  be  expended  in  the  pur 
chase  and  introduction  of  machinery,  and  she  can  procure  these>supplies  in  no  other  way. 
All  the  arms  of  the  State,  including  the  eight  hundred  and  sixty  Eurield  rifles  recently  pur 
chased,  have  been  placed  at  the  disposal  of  the  confederate  authorities,  and  are  in  their  pos 
session. 

The  State,  in  the  execution  of  this  policy,  is  exerting  the  means  and  the  energy  not  yet 
placed  under  the  absolute  control  of  the  confederacy,  together  with  her  credit,  to  strengthen 
herself,  to  strengthen  the  confederacy  and  to  give  additional  aid  to  the  cause  in  ^yhich  we  are 
eno-ao-eil.  Notwithstanding  all  this,  it  is  my  duty  to  inform  the  senators  and  representatives 
ot'lhe  people  that  the  most  serious  obstacles  and  embarrassments  have  been  thrown  in  the 
way  of  the  State,  and  that  she  is  not  yet  freed  from  them. 

Subordinate  officers  on  the  Rio  Grande,  claiming  to  act  under  instructions  from  officers 
higher  in  rank  in  the  Confederate  States  service,  have  interfered  with  cotton  transported 
under  the  authority  of  the  State,  and  have  delayed  and  prevented  its  exportation.  I  am  in 
formed  by  Colonel"  E.  B.  Nichols,  agent  of  the  State,  that  they  have  prevented  cotton,  be 
longing  to  the  military  board,  from  being  exported,  and  have  claimed  half  of  it  for  the  con 
federacy.  I  am,  as  yet,  not  informed  what  particular  cotton  this  is ;  but  it  is  either  cotton 
purchased  by  the  board,  with  means  placed  at  its  disposal  by  the  legislature,  or  cotton  ex 
ported  under  contract  for  the  purchase  and  introduction  of  machinery.  They  have  thus  in 
terposed  themselves  between  the  State  and  the  execution  of  her  laws,  the  providing  of  means 
for  her  defence  and  to  clothe  her  people. 

I  have  borne  these  embarrassments  with  patience,  and  have  labored  faithfully,  and  I  arn 
still  laboring,  to  secure  an  understanding,  to  have  harmony  and  concert  of  action  between 
the  State  and  confederate  authorities.  I  am  now  in  correspondence  with  General  Smith  on 
this  subject,  and  I  do  not  despair  of  complete  success.  The  liberal  views  manifested  by 
him  in  reference  to  the  civil  authorities  of  the  State  and  her  rights,  the  disposition,  and  even 


RECONSTRUCTION. 

deep  interest  manifested  by  him  in  reference  to  the  introduction  of  machinery,  afford  me 
strong  assurance  that,  when  this  subject  is  fully  understood,  all  embarrassments  will  be  re 
moved  and  complete  harmony  and  concert  of  action  secured.  The  same  liberal  sentiments 
have  been  expressed  by  Major  General  Mag-ruder  and  by  Lieutenant  Colonel  W.  J.  Hatch 
ing  chief  of  the  cotton  bureau  at  Houston,  in  their  correspondence  with  me,  and  I  am 
therefore,  led  to  the  belief  that  the  difficulties  referred  to  have  grown  out  of  the  want  of  a 
mutual  understanding1. 

This  whole  cotton  business,  once  systematized  and  controlled  in  a  manner  consistent  with 
the  rights  of  the  citizen  and  what  is  due  to  the  public  necessities,  the  State  and  confederate 
authorities  exerting  themselves  in  concerted  effort,  the  most  gratifying  results  may  be  an 
ticipated. 

uch  of  the  cotton  in  the  StMate  is  in  the  seed,  wasting  in  pens  and  houses :  bagging  and 
rope  must  be  introduced  from  abroad,  and  it  requires  a  system,  combining  energy  and  lib 
erality,  to  place  the  cotton  in  a  condition  for  market.  About  the  —  day  of  April  I  directed  the 
agent  of  the  State  to  arrest  the  purchase  of  cotton,  for  the  reason  that  it  was  represented  to 
mejthat  the  operations  of  the  State  were  embarrassing  the  procurement  of  cotton  by  the  con 
federate  authorities,  to  be  used  in  the  purchase  of  supplies  for  the  army. 

The  correspondence  with  the  military  authorities  on  the  subject  of  cotton,  so  far  as  it  has 
progressed,  you  will  find  in  the  office  of  the  military  board,  together  with  the  reports  of  the 
amounts  purchased  under  the  plan  alluded  to.  I  hope  to  be  enabled,  in  a  few  days,  to  place 
before  you  the  final  conclusion  of  the  military  authorities  as  to  the  purchase  and  exportation 
of  cotton  by  the  State  under  the  system  proposed.  It  is,  in  my  opinion,  absolutely  essen 
tial  to  the  public  interests  of  the  State  that  she  should  be  fully  sustained  in  the  policy  pro 
pounded  for  the  purchase  and  transportation  of  cotton,  for  the  accomplishment  of  the  ends 
proposed  by  your  legislation. 

From  the  facts  and  considerations  already  stated,  it  is  believed  that  this  is  the  only  plan 
that  will  speedily,  and  at  a  reasonable  cost  to  the  State,  secure  the  results  desired  and  <?o  es 
sential  to  the  public  welfare. 

NECESSITY  OF  CORRESPONDENCE    WITH  THE   HEADQUARTERS   OF  THE  TRANS-MISSISSIPPI 

DEPARTMENT. 

As  we  are  almost  cut  off  from  the  government  at  Richmond  and  as  General  E.  Kirby 
Smith  is  vested  with  so  much  power,  it  is  very  necessary  that  a  correspondence  should  be 
constantly  keps  up  with  his  headquarters,  and  that  the  executive  should  have  a  ruore  relia 
ble  mecans  of  correspondence  than  the  slow  and  uncertain  correspondence  by  letter  through 
the  mail.  The  necessity  for  this  has  been  several  times  felt  by  me  since  my  induction  into 
office,  and  is  likely  to  continue  so  long  as  the  enemy  control  the  Mississippi  river  and  its 
valley  to  the  extent  they  now  do  ;  and  a  full  and  complete  understanding  as  to  matters  af 
fecting  the  interest  of  the  State,  her  condition  and  wants,  should  at  all  times  be  had  between 
the  executive  and  the  general  commanding  the  department.  His  mind  should  not  be  left  to 
impressions  obtained  through  any  indirect  ways,  as  to  the  interest,  the  policy,  and  the  con 
dition  of  the  State.  I  record,  with  pleasure,  my  confidence  in  the  integrity  and  uprightness 
of  General  Smith,  and  in  his  disposition  to  accord  to  the  State  what  is  due  when  he  has  full 
information. 

My  experience  in  office,  and  the  condition  of  affairs  in  ttherans -Mississippi  department, 
only  add  strength  to  my  convictions  that  the  State  government  should  be  preserved  intact, 
and  in  as  full  vigor  as  is  compatible  with  our  surroundings.  Texas  is  the  only  civil  power 
left  intact  west  of  the  Mississippi  river,  and  she  should  profit  by  her  good  fortune,  and  give 
the  benefit  of  it,  by  her  vigor,  her  energy,  and  her  achievements,  to  her  less  fortunate  sister 
States.  Missouri  is  overrun  by  the  enemy  ;  Arkansas  and  Louisiana  have,  for  a  time,  lost 
the  possession  of  large  portions  of  their  territory,  and  they  are,  therefore,  shorn  of  their  com 
pleteness  as  sovereign  States,  and  deprived  of  the  ability  to  have  anything  like  a  regular 
and  systematic  civil  policy.  She  should,  as  she  has  heretofore  done,  yield  cheerfully  and 
readily  whatever  may  be  legitimately  required  for  the  common  cause  and  the  common  de 
fence  ;  and  her  remaining  energies  and  powers  should  'be  wisely  and  systematically  em 
ployed  in  preparing  for  a  still  more  evil  day,  and  in  gathering  still  greater  strength  for  a  still 
more  desperate  struggle  in  the  contest  for  justice  and  independence.  If  it  should  become 
necessary,  in  the  progress  of  this  fearful  struggle,  for  her  even  to  sacrifice  principle,  which 
in  times  less  pregnant  with  danger  she  would  not  sacrifice,  let  her  make  the  sacrifice  in 
that  noble  spirit  of  patriotism  so  characteristic  of  her  people,  but  let  her,  at  the  same  time, 
mark  well  the  latitudes  and  longitudes  of  the  departures,  and  return  to  them  with  firm  de 
termination  when  the  storm  and  the  hour  of  gloom  have  passed  with  the  conflict  of  arms. 
May  she  be  the  last  State  to  give  up  the  cause  of  her  bleeding  and  suffering  sisters ;  and  mav 
she  be  the  last  to  bow  her  discrowned  head,  and  own  that  she  is  no  longer  a  sovereign  pov.-<-r. 
erect  and  free. 

SPIRIT  OF  PUBLIC  ENTERPRISE. 

The  spirit  of  enterprise  now  manifested  by  individuals,  associations  of  men,  and  by  char 
tered  companies,  in  employing  capital  and  labor  for  the  manufacture  of  iron,  and  various 
other  articles  necessary  to  the  people  and  the  army,  the  purchase  and  introduction  of  niachi- 


FLORIDA LOUISIANA TEXAS.  Ill 

nery  for  the  manufacture  of  cotton  and  woollen  goods,  is  not  only  gratifying,  but  a  source 
of  hope  and  congratulation  to  the  whole  State.  With  proper  protection  and  encouragement 
extended  to  those  who  are  engaged  in  prosecuting  these  enterprises,  in  a  few  months,  large 
amounts  of  iron,  and  other  necessary  articles,  will  be  daily  manufactured,  and  very  consider 
able  amounts  of  machinery,  of  a  varied  character,  introduced  and  put  in  operation,  not 
withstanding  the  great  risks  and  expenditures  incurred,  in  prosecuting  such  undertakings,  in 
these  times  of  peril  and  confusion.  The  capital  of  every  kind,  the  laborers,  the  agents, 
mechanics,  superintendents,  directors,  &c.,  employed,  should  be  protected,  by  law,  against 
interference  or  interruption  from  any  and  every  source.  You  will  be  enabled  to  see  some 
thing  of  the  amount  of -capital  already  devoted  to  these  objects,  the  spirit  and  energy  exhibited 
by  those  engaged  in  their  prosecution,  by  the  report  of  the  military  board,  and  from  the 
papers  in  that  office. 

I  have  missed  no  opportunity  of  encouraging,  sustaining,  and  of  protecting,  in  every  way 
within  my  power,  and  within  the  sphere  of  my  influence,  those  devoting  their  capital,  labor, 
and  time,  to  the  prosecution  of  these  and  all  other  enterprises,  calculated  to  benefit  the  people 
and  the  army;  and,  as  I  think,  essential  to  our  success  in  a  long-continued  struggle. 

"I  have  considered  it  the  best  policy,  as  well  as  the  only  one  calculated  to  insure  speedy 
and  certain  success,  to  encourage  individual  enterprise,  rather  than  attempt  the  accomplish 
ment  of  these  varied,  necessary,  and  numerous  objects,  alone  through  the  capital,  agents, 
employes,  and  management  of  the  State.  This  policy  not  only  insures  better  success, 
but  it  more  readily  adapts  itself  to  the  wants  of  the  country,  and  diffuses  its  beneficial  results 
more  generally. 

In  my  efforts  to  execute  and  make  this  policy  efficient,  I  have  endeavored  to  place  under 
the  protection  of  the.  State  and  the  military  board  those  engaged  in,  and  proposing  to  engage 
in,  such  enterprises,  together  with  the  capital  and  laborers  thus  employed,  making  such  regu 
lations  as  I  thought  best  calculated  to  insure  good  faith  and  success.  While  the  State  troops 
were  under  my  command,  I  made  such  details  as  I  thought  reasonable  and  necessary  for  the 
accomplishment  of  these  ends.  In  order  to  insure  the  introduction  of  machinery  from  abroad, 
and  the  appliances  essential  to  its  operation,  when  so  introduced,  the  exportation  of  cotton 
is  necessary;  and,  for  these  purposes,  the  exportation  of  it,  in  such  quantities  as  are  deemed 
proper,  has  been  authorized  under  the  authority  of  the  State,  and  under  such  regulations  as 
were  considered  sufficient  to  insure  good  faith  in  the  parties  exporting  the  cotton,  without 
crippling  their  energies,  or  embarrassing  them  in  the  accomplishment  of  the  objects  proposed. 
You  are  respectfully  referred  to  the  office  of  the  military  board,  the  agreements  there  on  rile, 
and  to  their  report,  for  full  information  on  this  subject. 

In  view  of  the  great  interests  involved  in  this  whole  subject,  I  earnestly  recommend  that 
you  authorize  the  military  board  and  the  executive  to  make  such  arrangements  and  contracts 
with  individuals,  associations,  and  chartered  companies,  who  are  possessed  of  the  capital  and 
the  powers  necessary  to  introduce  and  operate  machinery,  or  to  manufacture  any  necessary 
articles  for  the  people  and  the  army,  as»will  insure  to  them  the  protection  of  the  laws  of  the 
State,  in  the  devotion  of  their  capital,  labor,  and  energies,  to  the  accomplishment  of  their 
objects.  This  done  by  you,  and  one  other  end  secured — the  cordial  co-operation  of  the  con 
federate  authorities  with  those  of  the  State,  in  systematically  sustaining  and  encouraging 
this  policy,  protecting  those  engaged  in  such  enterprises,  granting  the  necessary  details, 
mechanics,  laborers,  agents,  &c. — the  most  gratifying  results  may  be  anticipated  by  the 
public  in  a  few  months.  So  many  of  our  population  are  now  drawn  into  confederate  service, 
and  are  under  military  authority,  that  the  co  operation  mentioned  is  essential  to  relieve  those 
thus  employing  their  capital  and  their  time,  and  incurring  the  incidental  risks,  from  appre 
hensions  of  being  interrupted  in  the  midst  of  their  labors  and  plans,  to  enable  them  to  make 
reliable  calculations,  and  to  insure  to  them  the  necessary  laborers  and  mechanics.  Such  a 
co-operation  as  this  will  result  equally  to  the  benefit  of  the  State  and  the  confederacy,  to 
the  people  and  the  army,  and  to  the  families  of  soldiers,  and  would  seem  natural  and  easily 
to  be  obtained,  and  I  most  sincerely  hope  is.  I  invite  your  attention  to  its  importance,  and 
ask  of  you  to  lay  the  foundation  for  insuring  it. 

The  State  is  also,  under  her  own  authority,  and  by  means  of  her  own  capital,  prosecuting 
public  works,  in  some  of  which  she  has  large  amounts  of  capital  involved,  and  they  result 
equally  to  the  benefit  of  the  confederacy  and  to  the  State.  She  is,  through  contracts,  manu 
facturing,  on  a  limited  scale,  small-arms,  powder,  and  laying  the  foundation  for  an  increased 
manufacture  of  powder,  necessary  to  the  frontier  and  to  the  various  counties.  She  is  also 
manufacturing  ordnance,  and  beginning  the  manufacture  of  spinning  jennies,  to  facilitate 
the  manufacture  of  cotton  cloth,  and  the  same  remarks,  as  to  enterprises  prosecuted  under 
her  authority,  as  to  the  co-operation  of  the  confederate  authorities,  the  detail  of  the  neces 
sary  mechanics  and  laborers,  apply  with  equal  force  to  the  works  directly  prosecuted  by  the 
State.  I  take  pleasure  in  stating  to  you,  that  in  my  conversations  and  correspondence  with 
Generals  Smith  and  Magruder,  on  these  subjects,  they  have  manifested  a  full  appreciation  of 
their  importance,  and  a  most  liberal  dispositon  to  foster  and  protect  such  enterprises,  and  to 
give  all  the  facilities  consistent  with  the  military  service.  I  am  encouraged  by  the  belief, 
that  a  systematic  and  thorough  co-operation  between  the  State  and  confederate  authorities 
'can  be  secured  in  the  prosecution  of  these  enterprises,  when  the  objects  had  in  view  by  all 
are  fully  understood. 


112  RECONSTRUCTION. 


CERTIFICATES  AS  TO  OM  K  !.];>. 

The  recent  act  of  conscription,  passed  by  Congress,  exempts  from  military  service  "the 
vice-president  of  the  Confederate  States,  the  members  ami  officers  of  Congress,  of  the 
several  legislatures,  and  such  other  confederate  and  State  officers  as  the  president  or  the 
executives  of  the  respective  States  may  certify  to  be  necessary  for  the  proper  administration 
of  the  confederate  and  State  governments,  as  the  case  may  be."  Has  Congress  the  power  to 
invest  by  law  the  president  of  the  Confederate  States  with  authority  to  strip  the  gi 
government  of  these  States  of  the  officers  provided  for  its  administration  by  the  constitution 
and  laws?  Has  the  confederate  government  the  power  to  vest  the  executive  of  a  sovereign 
State,  or  any  other  officer,  with  authority  to  displace  the  officers,  provided  for  its  administra 
tion  by  the  constitution  and  laws  of  that  State  ? 

I  will  not  argue  these  questions,  and  thereby  leave  the  implication  of  doubt  on  my  mind 
as  to  them.  There  can  be  but  one  answer  given  to  them — that  answer  must  be  in  the  negative. 

The  constitution  and  laws  of  Texas  have  not  only  provided,  but  have  determined,  the 
officers  necessary  to  the  administration  of  the  government,  and  they  are,  in  their  respective 
offices,  discharging  the  duties  imposed  upon  them  by  the  authority  referred  to. 

It  is  the  duty  of  the  executive  of  the  State  to  respect  and  execute  its  laws,  and  to  see  that 
its  constitution  is  not  violated.  These  obligations  are  imposed  on  him  by  a  solemn  oath. 
He  is  nowhere  empowered  to  veto  or  nullify  laws  already  in  force,  nor  to  set  aside  provisions 
of  the  constitution. 

The  confederate  government  did  not  create  the  State  government,  nor  did  it  establish  its 
various  offices,  and  provide  for  officials  to  fill  them.  It  certainly,  then,  cannot  judge  of  the 
officers  necessary  to  its  proper  administration,  or  take  them  from  their  places  of  trust.  If  that 
government  cannot  do  so  directly,  it  certainly  cannot  do  so  indirectly,  by  vesting  the  power 
in  any  officer  or  person.  So  far  as  placing  officers  of  the  government  into  military  service 
is  concerned,  it  is  a  matter  addressee!  to  legislative  and  not  to  executive  discretion,  and  that 
discretion  is  then  restrained  and  restricted  by  the  constitution.  The  legislature,  so  far  as  it 
is  not  controlled  by  the  constitution,  may  dispense  with  such  offices  and  officers  as,  in  their 
wisdom,  may  be  deemed  proper,  in  view  of  the  difficulties  and  dangers  threatening  the  coun 
try.  The  executive  can  dispense  with  none,  civil  or  military.  Were  I,  as  the  executive  of 
the  State,  to  certify  that  any  or  all  of  the  State  officers  were  not  necessary  for  its  proper  ad 
ministration,  the  certificate  would  be  without  legal  effect  or  power,  and  co"uld  be  regarded  in 
no  other  light  than  that  of  an  authorized  license  given  to  the  military  authorities  to  deprive 
the  State  of  the  officers  provided  for  its  administration,  and  thereby  utterly  to  prostrate  and 
bring  into  contempt  the  State  government. 

\Y  here  should  I  begin  with  the  exercise  of  the  power  ?  Where  should  I  end  with  it  ?  How 
am  I  to  determine  the  officers  necessary  ?  They  all  have  their  duties  assigned  them  by  the  law. 
Shall  I  commence  with  the  judiciary  ?  Shall  1  deprive  the  courts  of  their  magistrates,  judges, 
clerks,  sheriffs,  and  other  officers?  Shall  I  deprive  the  State  of  a  comptroller  and  treasurer, 
of  an  adjutant  general  and  secretary  of  state?  Shall  I  break  up  the  county  courts  .'  The 
attempt,  therefore,  to  exercise  such  a  power  would  not  only  be  dangerous,  but  utterly  unau 
thorized  ;  and  my  respect  for  the  whole  frame-work  of  our  government,  and  for  my  oath,  as 
executive,  forbids  me  to  attempt  its  exercise.  Its  exercise  can  do  no  good ;  it  can  give  i\<>  ap 
preciable  strength  to  the  army  or  to  our  cause,  and  no  such  excuse,  in  my  opinion,  can  be 
offered  for  it.  It  may  be  that  the  law  of  Congress  was  not  intended  to  apply  to  the  officers 
already  provided  for  in  the  constitution  and  laws,  and  who  are  actually  employed  in  the  ad 
ministration  of  the  government,  but  to  such  only  as  might  be  thereafter  found,  from  time  to 
time,  to  be  necessary  to  assist  in  the  administration  of  and  in  conducting  the  business  of  the 
State  government.  ]Jut  it  is  not  so  construed  by  the  conscript  bureau  in  the  trans-Missis 
sippi  department. 

It  is  for  you  to  determine'  whether  the  exigencies  of  the  country  require  the  abolishment  of 
any  of  the  offices  established  by  the  laws  of  the  State,  and  of  the  functions  of  their  officers  ;  and 
if  so,  to  make  such  regulations  as  you  may  deem  proper  and  necessary.  I  cannot,  however, 
be  true  to  my  convictions  and  forbear  the  expression  of  the  opinion  that  the  officers  of  the 
State,  in  view  of  the  existing  laws,  the  duties  imposed  by  them,  and  the  general  condition  of 
the  community,  should  be  kept  in  their  positions,  and  held  to  a  rigid  and  strict  discli;; 
their  duties.  Those,  however,  who  fail  to  discharge  their  duties  faithfully  should  be  placed 
in  military  service.  JS'o  office,  civil  or  military,  should  be  a  mere  sinecure  in  this  hour  of  trial 
and  of  peril  to  the  country. 

WRIT    OF    HA11KAS    CORPUS. 

There  can  be  no  doubt  that  Congress  is  vested  with  power,  under  the  confederate  constitu 
tion,  to  suspend  "  the  privilege  of  the  writ  of /< /////•// *  corpus,  when,  in  cases  of  rebellion  or  in 
vasion,  the  public  safety  may  require  it;"  Congress  must,  of  course,  judge,  at  their  peril,  of 
the  existing  necessity,  and  define  the  class  of  offenders  from  whom  the  privilege  shall,  for  the 
time  specified,  be  withheld.  They  were  in  a  position  to  know  the  condition  of  many  portions 
of  the  confederacy,  about  which  we  know  but  little  as  to  current  events  ;  and  they,  perhaps, 
judged  wisely  as  to  the  necessity.  The  objects,  however,  to  be  attained  by  the  suspension 
of  the  privilege  of  this  writ  must  be  clear  to  every  thinking  and  well-informed  man  who  has 


FLORIDA — LOUISIANA — TEXAS.  113 

* 

close  attention  to  the  subject,  and  is  well  illustrated  from  the  legislation  and  jurispru 
dence  of  England.  It  is  to  deprive  of  a  speedy,  public  trial,  to  prevent  the  release  from  legal 
custody,  of  those  who  may  be  found  plotting  treason,  and  conspiring  against  the  government 
and  the  life  of  the  community,  until  such  time  as  they  may  be  released  or  tried  consistently 
with  the  public  safety.  This  object  should  be  the  guide  to  all  the  regulations  attending  the 
suspension  of  the  privilege  of  the  writ ;  and  no  departure  from  principle,  or  the  safeguards 
thrown  around  the  liberty  of  the  citizen,  in  the  constitution  of  the  State  or  confederacy,  is 
necessary  to  the  accomplishment  of  this  end.  The  departure  from  principle,  the  danger,  does 
not  lie  in  the  mere  suspension  of  the  writ,  for  this  is  provided  for,  where  the  public  safety 
requires  it,  but  in  the  manner  in  which  the  suspension  may  be  regulated  and  carried  out.  It 
seems  consistent  with  the  objects  to  be  attained  by  the  suspension  of  this  writ,  that  an  informa 
tion  or  affidavit  of  the  facts  against  the  accused  should  be  filed,  and  that  the  warrant  of  arrest 
should  be  issued  by  some  officer,  legally  authorized  to  issue  such  warrants.  If  a  party  is 
guilty  of  any  of  the  offences  named  in  the  act  of  Congress,  some  person  or  persons  must 
know  the  facts,  and  the  information  can  be  given,  and  the  affidavit  tiled.  It  is  not  deemed 
necessary  to  discuss  the  question  whether  Congress  possessed  the  power,  under  the  constitu 
tion,  to  authorize  the  President,  the  Secretary  of  War,  and  the  general  officer  commanding 
the  trans-Mississippi  military  department  under  his  authority  and  control,  to  order  the  arrest 
and  to  hold  in  custody  citizens  not  in  the  military  service,  charged  with  any  of  the  offences 
specified.  It  would  be  difficult  to  demonstrate  the  existence  of  such  power ;  and  the  exercise  of 
such  power  is  not  essential  to  the  accomplishment  of  the  ends  proposed  by  the  law.  Unless  this 
power  is  construed  into  an  unlimited  license,  given  to  the  President,  to  employ  the  military, 
through  the  officers  named,  under  his  orders  as  commander-in-chief  of  the  army,  to  judge  of  the 
offences,  and  to  make  arrests,  it  can  have  but  a  very  limited  operation.  If  this  is  to  be  the  con 
struction  and  operation  of  the  law,  the  military  authorities  are  made  judges  of  offences  and 
crimes,  properly  cognizable  by  the  judicial  tribunals,  and  the  liberty  of  the  citizen  is  in  their 
hands,  at  least  so  far  as  arrest  and  detention,  for  a  time,  is  concerned.  Why  the  courts  of  the 
country,  which  have  been  so  ready  to  sustain  the  legislation  of  Congress  in  this  struggle,  should 
be  ignored,  and  officers  appointed  by  the  president  to  investigate  the  cases  of  those  arrested  by  the 
military  authorities,  I  am  unable  to  perceive.  There  are  courts  in  almost  every  county  and  dis 
trict,  in  every  State  of  the  confederacy,  and  they  could  not  only  issue  wan-ants  and  cause  ar 
rests  to  be  made  in  the  instances  defined  by  the  act  of  Congress,  but  they  could  investigate  all 
the  facts,  and  report  them  to  the  president,  under  proper  regulations.  Such  a  course  as  this, 
it  is  believed,  is  much  more  consistent  with  the  whole  framework  of  our  government  than 
the  one  adopted  by  Congress.  If  the  law  was  intended  to  prevent  any  citizen  from  an  ap 
peal  to  the  established  judicial  tribunals,  to  determine  whether  or  not  it  was  in  accordance 
with  the  constitution  of  the  Confederate  States,  it  is  a  precedent  most  dangerous,  in  practice 
most  alarming,  and  utterly  without  constitutional  warrant. 

Practically,  I  fear  that  this  act  of  Congress  adds  no  strength  to  our  cause.  It  divides 
public  opinion  as  to  its  propriety.  It  produces  alarm  and  dissatisfaction.  Every  offence 
defined  in  the  law  is  prorided  for  in  the  laws  of  Texas,  and,  I  believe,  in  the  laws  of  the 
Confederate  States,  and  are  properly  cognizable  by  judicial  tribunals  ;  and  were  these  judi 
cial  tribunals  faithfully  to  discharge  their  duties  they  would  much  more  effectually  punish 
the  offenders  classified  under  this  law  than  can  be  done  under  the  regulations  made  by  it. 

I  do  not  believe  that  the  president  will  abuse  the  powers  conferred  upon  him.  I  have  too 
much  confidence  in  his  wisdom  and  patriotism ;  but  whether  he  can  prevent  abuses  or  not, 
is  more  than  doubtful.  It  is  a  question,  however,  above  the  mere  disposition  and  character 
of  the  president,  and  the  patriotic  intentions  of  Congress.  It  is  a  question  of  safe  precedent 
in  law,  and  of  wise  and  judicious  legislation.  It  is  the  precedent  of  the  confederate  Con 
gress  in  the  suspension  of  the  writ  of  habeas  corpus,  and,  in  all  of  its  bearings,  merits  full 
consideration  and  an  unequivocal  expression  of  your  views  in  regard  to  it.  My  convictions 
are,  that  the  law  should  be  repealed  or  entirely  changed  in  its  regulations. 

The  laws  of  Congress  in  relation  to  currency,  the  writ  of  habeas  corpus,  conscription,  the 
attempt  to  vest  the  president  of  the  confederacy  and  the  executives  of  the  States  with  the 
authority  to  deprive  the  governments  over  which  they  respectively  preside  of  the  officers 
constituted  by  the  constitution  and  the  laws,  are  certainly  extraordinary  and  unprecedented 
acts  of  legislation,  and,  when  taken  together,  most  significant.  It  required  unusual  nerve 
to  adopt  them;  and  if  they  are  justified  at  all,  they  must  be  justified  by  the  unusual  crisis, 
and  as  a  means  to  save  the  life  of  the  nation. 

Let  us  all  stand  firm  in  our  allotted  places,  and  discharge  fearlessly  and  faithfully  the  du 
ties  devolved  upon  us,  and  the  God  of  Hosts,  who  has  crowned  with  success  our  armies, 
elate  with  victoiy  over  so  many  fields  of  blood,  will  vouchsafe  to  our  country  independence, 
and  a  proud  place  in  the  family  of  nations. 

P.  HURRAH. 


8  F  LT* 


114  RECONSTRUCTION. 

WASHINGTON,  March  3,  1866. 
Hon.  John  Covode  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  Have  you  been  in  the  State  of  Louisiana  at  any  time  since  the  surrender  of  the 
rebel  armies;  if  so,  at  what  time  were  you  there,  in  what  capacity  did  you  go,  and  under 
what  authority?" 

Answer.  I  was  there  in  June  and  July  last.  I  wen,t  there  commissioned  by  the  Secretary 
of  War,  who  authorized  me,  in  general  terms,  to  look  into  matters  connected  with  the  in 
terests  of  the  government  in  the  Mississippi  valley.  It  being  impracticable  to  give  me  spe 
cific  instructions,  everything  was  left  to  my  discretion.  I  was  requested  by  the  Secretary 
of  War  to  report  to  him,  from  time  to  time,  by  letter,  and  also  by  telegraph  whenever  I 
deemed  it  expedient  to  do  so  ;  and  I  used  both  means  of  communication. 

Question.  Confining  your  answer  mainly  to  Louisiana,  state  fully  and  in  detail  what  you 
learned  in  regard  to  the  temper,  spirit,  and  disposition  of  the  people. 

Answer.  I  found  a  very  great  difference  of  feeling  among  the  people  of  the  south  who  had 
remained  at  home  during  the  rebellion,  and  those  who  had  been  in  the  rebel  armies,  which 
had  then  just  surrendered.  Among  the  politicians  and  others  who  hud  remained  at  home, 
more  especially  among  the  female  portion  of  the  population,  I  found  a  very  bitter  feeling 
towards  the  government  of  the  United  States.  Many  of  the  wealthier  planters  had  deter 
mined  to  leave  the  country;  some  were  preparing  then  to  leave;  some  few  had  even  then  left, 
believing  that  they  would  have  no  power  or  part  in  the  affairs  of  government,  and  also  be 
lieving  that  the  government  would  lay  a  heavy  hand  on  those  who  had  precipitated  and  cur- 
Tied  on  the  rebellion.  On  the  other  hand,  I  mingled  considerably  with  the  army  of  Kirby 
•Smith,  that  had  just  previously  surrendered,  Price's  command,  arid  other  portions  of  Kirby 
Smith's  army,  to  the  number  of  several  thousands,  that  I  found  at  the  mouth  of  Red  river.  I 
•was  careful  to  ascertain  the  temper  of  the  army  by  conversing  not  only  with  the  officers,  but 
with  the  private  soldiers.  I  was  surprised  to  find  how  docile  and  submissive  they  were.  In 
no. single  instance,  either  there  or  on  the  steamboat  where  I  travelled  with  them,  did  I  hear 
.any  bitter  or  unkind  feeling  expressed  towards  the  government.  The  general  expression 
among  them  was  that  they  were  whipped  and  well  whipped  ;  that  they  were  glad  the  war 
wras  over,  and  were  ready  to  come  back  under  the  old  flag  and  submit  to  what  was  required 
of  them.  Many  of  the  more  intelligent  men  of  the  army  said  their  leaders  had  made  a  great 
mistake  in  going  into  rebellion  against  the  government ;  that  they  should  have  remained  in 
the  Union,  and  endeavored  to  accomplish  their  purposes  by  political  measures,  in  which 
they  said  they  could  have  been  sure  of  the  aid  of  the  northern  democrats ;  that  by  precipi 
tating  the  rebellion  they  had  tied  the  hands  of  their  northern  friends.  To  all  appearance  the 
anen  of  the  army  had  not  the  remotest  expectation  of  being  again  intrusted  with  political 
power  and  privileges,  at  least  for  some  time.  This  1  found  to  be  the  case  until  after  I 
reached  New  Orleans,  to  which  place  a  great  many  of  the  army  also  went. 

Question.  How  long  was  it  after  you  left  Washington  that  you  reached  New  Orleans? 

Answer.  About  three  weeks,  I  should  think.  I  attended  to  business  at  different  points  on 
my  way  out  there. 

I  will  add,  that  understanding  what  I  may  call  the  home  sentiment,  the  sentiment  of  those 
who  had  remained  at  home  during  the  war,  and  especially  the  sentiment  of  the  female  por 
tion  of  the  population,  to  be  so  different  from  the  sentiment  of  the  army,  I  felt  anxious  to 
learn  what  sentiment  w-ould  obtain  the  control  when  the  two  classes  came  togvther.  My 
impression,  however,  then  was  that  the  army  sentiment  would  control  the  home  sentiment, 
and  neutralize  to  a  great  extent  the  bitter  feeling  towards  the  government. 

But,  just  previous  to  my  arrival  at  New  Orleans,  Governor  Wells,  of  Louisiana,  returned 
there  from  Washington.  After  his  return  a  public  meeting  was  called  at  Lafayette  square,  which 
it  was  understood  he  would  address.  The  meeting  was  consequently  very  largely  attended. 
The  Union  men  having  elected  Governor  Wells,  felt  an  interest  in  hearing  what  he  would 
say ;  and  the  disunion  element  also  i'elt  an  interest  in  ascertaining,  if  they  could,  what  they 
might  expect  from  the  government.  A  Dr.  Cottinan,  a  man  of  some  influence,  who  had  been 
very  conspicuous  in  the  secession  movement,  and  Mayor  Kennedy  of  New  Orleans,  had  been 
with  Governor  Wells,  at  Washington.  The  rebel  element  seemed  to  receive  a  great  deal  of 
encouragement  from  the  reports  of  the  intentions'  of  the  government  which  these  men  brought 
back. 

At  that  meeting  Governor  Wells  made  a  speech,  which  was  published  in  the  papers  of  New 
Orleans  at  the  time.  I  hud  a  copy  of  the  paper  containing  bis  speech,  which  I  liled  w'.;h 
other  papers  on  my  return  to  Washington.  Not  having  a  copy  of  the  paper  now,  I  can  speak 
only  from  recollection.  Governor  Wells  stated  that  he  had  seen  the  President,  who  was  a 
southern  man  and  a  democrat,  and  that  Mr.  Johnson  would  be  a  bulwark  between  the  south  and 
northern  abolitionism  and  fanaticism.  He  made  open  issue  against  the  former  administration 
of  Mr.  Lincoln,  charging  it  with  the  contraction  of  an  enormous  debt,  &c.,  and  claiming 
that  the  administration  of  Mr.  .Johnson  would  be  of  a  very  different  character.  He  urged 
upon  the  people  to  organize  and  elect  members  of  Congress,  &c.  His  speech  was  generally 
of  the  character  I  have  indicated. 


FLORIDA — LOUISIANA. TEXAS.  115 

While  this  encouraged  the  rebel  element,  it  equally  discouraged  the  loyal  element  of  that 
State.  It  was  the  first  clear  demonstration  the  Union  men  had  received  that  the  governor  had 
betrayed  them,  and  it  completely  discouraged  them.  They  came  to  me  very  despondent  and 
asked  me  if  it  was  possible  they  had  come  to  this.  I  told  them  that  it  was  not  so ;  that  I  had 
just  come  from  Washington  myself,  and  I  felt  certain  that  Governor  Wells  had  misrepresented 
the  administration. 

They  asked  me  to  make  them  a  public  speech,  and  I  consented  to  do  so.  I  attended  a  meet 
ing  of  the  people  a  few  evenings  afterwards,  and  addressed  them.  I  said  to»them  that  I  did 
not  believe  it  could  be  possible  that  Governor  Wells  had  received  any  authority  from  President 
Johnson  to  make  any  such  representations  as  he  had  made  in  his  speech.  I  encouraged  the 
Union  men  there  to  go  on  and  organize,  to  have  their  men  registered,  and  to  register  the  names 
of  such  colored  persons  as  were  authorized  to  vote  under  the  then  existing  constitution  of  the 
State.  That  included  three  classes  of  colored  persons:  those  who  had  served  in  the  Union 
army,  those  who  paid  taxes,  and  those  who  were  educated.  I  said  to  the  people  there  that 
of  course  the  votes  of  the  colored  people  would  not  be  received,  but  would  be  rejected.  But 
I  urged  them  to  have  them  registered,  and  their  votes  offered  at  the  polls,  and  then  if  mem 
bers  of  Congress  elected  by  the  rebel  element,  without  permitting  all  the  loyal  element  to  vote 
who  were  entitled  to  vote,  should  present  themselves  for  admission  into  Congress  in  Wash 
inglon,  I  knew  Congress  well  enough  to  be  able  to  assure  them  that  not  one  of  them  would 
ever  get  their  seats.  I  was  much  cheered  and  applauded  for  my  speech,  which  seemed  to 
encourage  the  Union  people  very  much. 

But  Governor  Wells  went  to  work  immediately  upon  his  return  from  Washington  to 
remove  from  office  the  loyal  people  who  had  been  appointed  by  Governor  Hahn,  and  to  fill 
their  places  with  returned  rebel  officers,  men  of  the  worst  class  generally.  Every  day  Union 
men  would  be  turned  out  of  office,  and  rebels  appointed  in  their  places.  Seeing  how  matters 
were  going  on,  I  made  arrangements  with  a  man  in  position  there  to  furnish  me  an  account 
every  evening  of  the  changes  that  had  been  made  during  the  day,  and  at  my  request  a  table 
was  prepared,  covering  several  large  sheets  of  paper,  giviug  the  names  of  the  officers  ap 
pointed  by  Governor  Hahn,  who  had  been  removed,  the  positions  they  had  occupied,  and 
also  the  names  of  those  appointed  by  Governor  Wells,  with  a  margin  for  remarks,  in  which 
was  set  forth  the  position  the  appointees  of  Governor  Wells  had  held  in  the  rebel  army,  or 
what  they  had  done  during  the  rebellion,  &c.  A  large  majority  of  them  had  been  officers  in 
the  rebel  army ;  others  were  among  the  worst  class  of  men  who  had  remained  at  home.  I 
recollect  distinctly  that  one  man  was  appointed  to  a  high  position  who  had  kept  blood 
hounds  during  the  rebellion  with  which  Union  men  had  been  hunted  to  death. 

The  most  barbarous  and  cruel  treatment  had  been  practiced  on  the  Union  men  during  the 
rebellion.  At  the  time  I  was  there,  many  Union  men  who  had  been  compelled  to  leave 
their  homes  in  different  parts  of  Louisiana  felt  it  necessary  to  remain  within  reach  of  the 
military  for  protection,  and  were  unable  to  return  to  their  homes  in  safety. 

Question.  Have  you  this  table  of  which  you  have  spoken,  or  a  copy  of  it  ? 

Answer.  I  have  not.  I  filed  those  tables  with  the  other  papers  after  my  return  to  Wash 
ington.  But  I  recollect  distinctly  that  I  stated  in  my  report  that  the  tables  would  show  over 
one  hundred  rebel  officers  who  had  been  appointed  to  positions  under  Governor  Wells. 
Some  of  the  papers  that  I  filed  contained  accounts  of  the  cruelties  practiced  there. 

Question.  Was  there  any  change  in  public  sentiment  while  you  were  in  Louisiana  ?  If 
so,  what  was  the  change,  and  to  what  cause  do  you  attribute  it '/ 

Answer.  There  was  a  very  marked  and  rapid  change  even  among  those  who  had  returned 
from  the  rebel  armies.  After  they  came  home  and  found  Governor  Wells  on  their  side,  as  I 
may  say,  and  their  friends  daily  receiving  appointments  from  him,  there  seemed  to  be  a  great 
change  in  their  feelings,  at  least  in  those  they  expressed.  I  had  opportunities  of  learning  a 
great  deal  of  this  while  I  was  there.  I  boarded  at  the  St.  Charles  Hotel,  where  a  large 
number  of  the  officers  of  Kirby  Smith's  army  were  also  boarding.  The  heat  was  very  great, 
and  it  was  the  custom  after  dark  for  the  boarders  there  to  sit  out  upon  the  large  verandah  or 
porch  in  front  of  the  hotel.  They  had  no  lights  there,  on  account  of  the  mosquitoes  that 
would  have  been  attracted  by  them. 

There  I  heard — for  I  could  not  help  hearing  it — much  of  the  conversation  of  those  rebel 
officers  and  the  rebel  citizens  who  were  there  poisoning  their  minds.  Their  plan  seemed  to 
be  to  hurry  and  register  themselves  and  be  ready  to  vote ;  consequently  they  were  flocking 
to  the  office  every  day  and  being  registered.  Many  of  them  had  no  money  to  pay  the  neces 
sary  taxes,  but  it  was  furnished  them  by  others.  Among  the  papers  which  I  filed  on  my 
return  to  Washington  was  a  list  of  names  of  persons  who  were  registered  to  be  ready  to 
vote  who  had  refused  to  take  the  oath  of  allegiance  to  the  United  Spates.  They  said  they 
were  willing  to  take  the  oath  of  allegiance  to  the  State  of  Louisiana,  but  not  to  the  United 
States  ;  and  since  my  return  I  have  obtained  reliable  information  that  of  tho  whole  number 
that  were  registered  there,  some  0,1)00  or  7,000,  only  about  2,300  took  the  oath  of  allegiance 
to  the  government  of  the  United  States. 

One  reason  why  I  devoted  so  much  attention  to  affairs  in  Louisiana  was  that  I  became 
satisfied  that  at  least  half  a  dozen  other  States  would  be  affected  for  good  or  evil  by  the  course 
which  Louisiana  might  pursue.  I  conversed  with  loyal  nieii  from  other  States,  Mississippi, 
Alabama  &c.  who  were  then  in  New  Orleans.  They  expressed  a  deep  interest  in  having 


116  RECONSTRUCTION. 

a  correct  policy  inaugurated  in  Louisiana  on  account  of  the  effect  it  would  have  on  their  own 
States.  They  said  that  it'  Louisiana  was  directed  in  the  right  course  at  the  start,  from  .her 
position  and  relations  to  other  States,  it  would  go  far  to  produce  the  best  results  in  several 
other  States. 

I  will  here  state  that  many  of  the  truly  loyal  men  whom  I  met  in  New  Orleans  seemed  to 
lack  confidence  in  their  being  ultimately  protected  and  supported  by  the  government ;  and 
I  was  frequently  asked,  if  I  became  satisfied  or  convinced  they  were  to  be  abandoned  to  the 
rule  of  the  rebeWelement,  to  notify  them  in  time  to  enable  them  to  get  away,  more  especially 
if  the  troops  of  the  United  States  were  to  be  withdrawn.  They  said  that  if  the  troops  were 
withdrawn  they  could  not  liv.e  there.  I  know  many  citizens  of  Louisiana  who  remained 
within  reach  of  the  military,  because  they  did  not  dare  to  venture  to  return  to  their  former 
homes;  and  after  my  return  north,  I  received  a  letter  from  a  very  intelligent  man,  informing 
me  that  he  had  returned  to  his  old  home,  but  had  been  compelled  to  go  buck  to  New  Orleans, 
as  the  condition  of  things  at  his  old  home  was  about  as  bad  as  during  the  rebellion,  and  get 
ting  worse  every  day. 

Question.  How  long  did  you  remain  in  Louisiana? 

Answer.  I  was  there  about  three  weeks.  When  I  first  arrived  there  I  called  upon  Governor 
Wells,  and  had  considerable  conversation  with  him.  He  began  to  make  demands  with 
regard  to  what  the  government  should  do.  He  said  the  government  must  pay  for  the  slaves 
that  had  been  emancipated,  for  it  had  taken  or  destroyed  property  enough  for  that  purpose. 
He  also  said  that  the  government  must  remove  the  colored  population  from  there,  and  when 
I  asked  him  where  it  would  remove  them,  he  replied  to  Mexico  or  somewhere  else.  I  made 
some  remark  about  involving  ourselves  in  foreign  difficulties  to  undertake  to  settle  the  affairs 
of  Louisiana  in  that  way,  and  he  replied  that  it  would  not  necessarily  do  so.  I  then  said  to 
Governor  Wells  that  I  had  been  on  a  great  many  of  the  plantations  in  that  State,  and  I  was 
satisfied  they  could  not  get  along  in  Louisiana  without  the  labor  of  the  blacks  that  were 
there ;  that  if  the  blacks  were  removed  the  country  would  become  a  wilderness ;  that  I  had 
not  seen  a  white  man  touch  a  plough  or  a  hoe  since  I  had  been  in  the  State.  He  replied,  "  We 
can  import  labor  from  abroad  or  from  the  north."  I  thought  to  myself  that  when  northern 
men  went  down  there  it  would  be  to  own  the  laud  themselves,  and  not  to  labor  on  it  for  others 

Question.  What  was  the  condition  of  the  freedmen  in  Louisiana,  so  far  as  it  came  under, 
your  observation  ? 

Answer.  I  visited  many  of  the  larger  plantations  in  the  State  in  company  with  Mr.  Con- 
way,  the  head  of  the  Freedmen' s  Bureau  in  Louisiana.  Having  heard  a  constant  clamor  at 
all  points  from  the  rebel  element  that  the  freedmen  would  not  work  without  compulsion,  but 
would  steal;  that  they  never  could  raise  cotton,  sugar,  &c.,  I  desired  to  ascertain  something 
about  that  matter  for  myself,  and  therefore  visited  the  plantations,  as  I  have  already  stated. 
I  think  I  can  tell,  from  the  business  in  which  I  have  been  engaged  in  my  life,  what  is  the 
proper  amount  of  labor  for  men  to  perform,  and  I  must  say  that  I  found  the  freedmen  working 
well.  I  have  conversed  with  them  on  the  plantations  in  order  to  ascertain  if  they  understood 
their  present  position,  and  found  that  they  did.  I  encouraged  them  to  be  faithful  and  to  >r>  k 
to  become  good  citizens.  I  have  conversed  with  their  employers  wherever  I  went,  and  I 
never  heard  one  of  them  say  that  the  freedmen  did  not  work  as  well  as  when  they  were 
slaves,  particularly  where  they  were  getting  any  wages.  But  I  did  not  find  a  planter  who 
said  that  he  paid  regular  wages  to  those  he  employed.  They  all  promised  payment  when 
the  crop  was  made ;  the  highest  wages  being,  so  far  as  I  could  find,  §8  a  month  and  support, 
and  from  that  down  to  much  less.  I  found,  however,  that  many  of  the  freedmen  had  a  want 
of  confidence  in  their  former  masters.  The  old  master  was  not  inclined  to  treat  them  differ 
ently  from  what  he  did  when  they  were  slaves  ;  and  they,  knowing  they  were  free,  were  not 
willing  to  submit  to  any  such  treatment.  The  old  planters  were  very  unwilling  to  come 
down  and  make  bargains  in  good  faith  with  those  who  had  been  slaves.  Some  of  the  frci  d- 
inen  I  found  working  for  a  portion  of  the  crop,  say  from  one-sixth  to  one- tenth  and  their 
support  while  the  crop  was  being  made.  I  examined  the  different  modes  of  farming  there. 
One  is  what  is  called  the  colony  system,  the  government  employing  and  paying  them,  and 
taking  the  crop.  Another  is  that  of  the  old  planters  and  lessees  employing  them  and  paying 
them  after  the  crop  is  made,  as  few  had  the  means  to  pay  them  before.  A  third  is  for  the 
colored  man  to  rent  a  piece  of  land,  or  have  it  allotted  to  him  by  the  government  from  the 
abandoned  lands,  and  cultivate  it  for  himself.  This  last  plan  I  recommended  in  my  report 
to  General  Howard  as  the  best  plan,  for  several  reasons.  It  teaches  the  colored  people  to 
rely  uppn  their  own  exertions  and  management.  It  places  them  in  a  position  to  respect  the 
domestic  relations  of  husband  and  wife,  where  they  live  by  and  for  themselves,  more  than 
where  they  are  congregated  in  large  numbers  on  the  large  plantations.  And  I  will  state  that 
throughout  the  whole  Mississippi  valley  the  best  crops  of  corn  I  saw  growing  there,  the 
cleanest  and  in  the  best  order,  were  those  on  land  farmed  by  the  negroes  for  themselves. 
About  10,000  of  them  have  been  employed  the  last  year  ui  that  way  on  about  that  number  of 
acres  of  land  near  Vicksburg,  including  Davis's  Bend.  I  often  heard  it  said  that  the  negroes 
were  not  willing  to  raise  cotton  and  sugar,  when  they  would  work  to  raise  corn.  I  asked 
many  of  the  negroes  if  that  was  so,  and  why.  They  replied  that  when  they  worked  to  raise 
corn  they  had  a  prospect  of  something  to  live  on ;  but  if  they  raised  cotton  or  sugar  their 
employers  would  take  it  away  and  sell  it,  and  they  had  no  assurance  of  getting  anything. 


FLORIDA — LOUISIANA — TEXAS  117 

Employers  themselves  tokl  me  that  the  negroes  would  work  at  raising  corn,  even  when  they 
were  not  certain  of  being  paid,  while  they  were  unwilling  to  work  at  raising  cotton  or  sugar 
for  the  reasons  I  have  stated.  I  was  informed  of  many  instances  of  negroes,  who  tanned  ibr 
themselves  during  the  year  18(54,  who  had  saved  several  hundred  dollars  each.  And  in  l-i>r> 
they  were  doing  the  same  thing,  farming  for  themselves,  and  with  their  surplus  earnings  of 
the  year  previous  were  hiring  others  to  work  for  them. 

Question.  What  seemed  to  be  the  general  disposition  among  the  freedinen  to  work  where 
they  were  well  treated,  and  were  assured  of  receiving  proper  compensation  for  their  labor  / 

Answer.  I  cannot  recollect  a  single  instance  where  the  employer  himself  did  not  admit  that 
the  freedmen  were  willing  to  work  as  well  as  they  ever  did  if  they  had  reasonable  assurance 
of  being  paid. 

Question.  What  appeared  to  be  the  disposition  among  the  land-holders  in  reference  to 
allowing  the  negroes  to  become  owners  of  land  ? 

Answer.  There  was  great  opposition  to  that,  because  it  was  putting  them  in  a  position  of 
independence,  and  calculated  to  elevate  the  race. 

Question.  WThat  appeared  to  be  the  disposition  of  the  freedmen  in  regard  to  acquiring  edu 
cation,  and  what  measures,  if  any,  have  oeen  taken  to  enable  them  to  do  so  ? 

Answer.  I  gave  considerable  attention  to  that  subject.  Before  I  reached  Louisiana  I  ex 
amined  into  the  schools  at  Memphis.  I  there  found  some  1,900  colored  persons  attending 
school,  mostly  children.  Among  them,  however,  I  found  an  old  woman,  a  grandmother, 
who  was  then  reading  in  the  Second  Reader.  1  met  the  teachers  there  on  one  occasion,  and 
they  assured  me  that  the  freedmen  were  learning  rapidly.  I  also  inquired  in  regard  to  the 
colored  regiments  at  Memphis,  of  which  some  were  about  leaving  for  Arkansas.  I  was  in 
formed  that  from  two  hundred  to  five  hundred  in  each  regiment  were  able  to  read,  very  few, 
if  any,  of  whom  knew  a  letter  when  they  entered  the  service  of  the  United  States.  On  the 
steamboat  I  saw  them  very  attentively  reading  the  books  which  had  been  kindly  furnished 
them  by  the  Christian  Commission.  I  cannot  say  that  there  seemed  to  be  as  much  disposi 
tion  to  acquire  information  among  the  whites  of  the  south  as  among  the  colored  people.  As 
regards  Louisiana,  outside  of  the  military  posts  the  rebels  were  breaking  up  .the  colored 
schools,  intimidating  the  teachers,  and  driving  some  of  them  away.  In  the  city  of  New 
Orleans  the  schools  for  the  freedmen  were  under  the  superintendency  of  Major  Rush  Plumley, 
of  Philadelphia.  There  were  some  15,000  colored  children  attending  school  there.  I  visited 
many  of  these  schools,  and,  in  some  of  them,  I  am  free  to  say  I  found  children  under  fifteen 
years  of  age  who  were  better  scholars  than  I  ever  was.  The  discipline  of  these  schools  was 
excellent.  On  one  Saturday  evening  the  schools  were  congregated  in  the  grounds  attached 
to  the  Medical  Institute,  (I  think  the  place  was  called.)  I  was  requested  to  meet  them  there 
and  to  address  them.  A  large  number  of  the  teachers,  northern  females,  were  there.  And 
at  this  point  I  cannot  forbear  saying  that  to  these  teachers  civilization  will  owe  much,  for 
they  were  patient,  kind,  attentive,  and  devoted  to  the  purpose  ibr  which  they  had  come 
there.  The  sea  of  faces  upturned  towards  me  of  this  enormous  congregation  of  children  was 
a  very  interesting  sight.  They  were  of  all  shades  of  complexion,  and  having  observed  them 
carefully,  I  came  to  the  conclusion  that  not  one-fourth  of  them  were  full-blooded  negroes. 
Some  of  them  appeared  to  be  as  white  as  I  am,  and  I  could  not  detect  a  trace  of  negro  blood 
in  them.  I  asked  the  teachers  if  one-fourth  of  the  scholars  were  full-blooded  negroes,  and 
they  concurred  in  my  opinion  that  they  were  not.  On  the  next  day  I  addressed  a  large  num 
ber  of  adults,  and  of  them  I  think  not  one-fourth  appeared  to  have  any  white  blood  in  them. 
On  the  Saturday  when  I  met  the  congregation  of  children,  after  singing  and  music  I  addressed 
them.  I  suppose  it  is  not  important  for  me  to  state  what  I  said  to  them.  In  addition  to 
these  15,000  children  attending  schools  at  New  Orleans,  there  were  over  4,000  adults  being 
taught  at  night  and  in  Sunday  schools.  The  colored  people  in  New  Orleans  possess  con 
siderable  wealth.  They  pay  taxes  on  about  $14,000,000  worth  of  property,  and  many  of 
them  are  men  of  superior  business  capacity  and  intelligence.  On  one  occasion  I  saw  their 
liberality  tested.  It  was  announced  by  their  minister  on  Sunday  that  there  was  a  great 
deal  of  suffering  and  destitution  among  the  freedmeu  at  Selma  and  at  other  points  in  Ala 
bama,  and  he  made  a  call  on  them  for  two  thousand  suits  of  clothing,  which  he  said  he 
wanted  to  be  delivered  during  the  week  following.  That  was  on  the  Sunday  before  I  ad 
dressed  the  adults.  When  I  had  closed  my  remarks  to  them  on  the  Sunday  following,  the 
minister  announced  to  the  assembly  that  the  two  thousand  suits  of  clothing  had  all  been 
delivered  during  the  week,  and  he  said  that  he  wanted  $100  in  money  to  buy  boxes  in  which  to 
ship  the  clothing,  and  he  directed  one  of  the  congregation  to  set  out  a  table  upon  which 
those  could  put  their  money  who  desired  to  contribute.  I  stood  beside  the  table  for  a  short 
time,  until  1  was  satisfied  that  there  was  more  than  $100  there,  much  of  it  being  in  coin.  I 
instance  this  merely  to  show  their  spirit  of  liberality  and  their  ability  to  be  liberal. 

Question.  What  seems  to  be  the  general  disposition  on  the  part  of  the  white  people  of  the 
south  to  aid  the  freedmeu  in  obtaining  an  education  or  permitting  them  to  do  so  ?  t 

Answer.  They  are  divided  in  sentiment.  The  rebel  element  is  almost  entirely  opposed  to 
doing  anything  to  enable  the  negro  to  obtain  an  education,  while  the  loyal  element  is  almost 
as  unanimously  in  favor  of  allowing  them  to  do  so.  At  a  meeting  of  loyal  whites  which  I 
attended,  with  one  exception  there  was  a  unanimous  expression  of  opinion  in  favor  of  negro 
auffrage  in  some  form.  Oue  man,  who  had  been  a  member  of  the  secession  convention,  out 


118  RECONSTRUCTION. 

who  had  opposed  the  ordinance  of  secession  to  the  very  last — who  was  called  by  the  people 
there  "the  noblest  Roman  of  them  all,"  Judge  Taliaterro,  who  had  his  property  destroyed 
and  his  son  hunted  to  death  by  dogs  for  his  loyalty  to  the  government — remarked  to  me  on 
one  occasion  that  negro  suffrage  might  be  a  two-edged  sword ;  that  the  vote  of  a  negro 
without  education  might  be  controlled  by  the  person  who  owned  the  land  and  employed 
him  ;  that  the  lands  being  in  the  hands  of  the  rebel  element,  the  loyal  freednien  employed  by 
1  .licm  might  not  always  give  loyal  votes.  He  expressed  no  fears,  however,  in  regard  to  those 
who  had  intelligence;  therefore  it  was  important  that  they  should  be  educated. 

Question.  So  far  as  your  own  observation  went,  what  is  your  opinion  as  to  the  capacity  of 
the  freedmen,  even  when  not  educated,  to  judge  between  the  rebel  and  Union  candidates  i'or 
office? 

Answer.  In  answer  to  that  I  would  state  that  I  made  it  a  rule  to  ask  negroes,  at  the  plough 
and  at  the  hoe,  in  the  field  on  every  plantation  where  I  went,  how  they  would  vote  if  they 
were  allowed  the  right  of  suffrage.  Without  an  exception  and  without  any  hesitation,  they 
always  said  that  they  would  vote  for  the  government  and  not  for  the  rebels.  There  are  in 
telligent  men  enough  among  them  to  direct  them  how  to  vote  properly,  and  they  seem,  to  be 
disposed  to  follow  the  direction  of  those  intelligent  men  of  their  number.  I  stated  this  to 
Judge  Taliaferro,  to  which  he  did  not  make.much  reply.  I  may  as  well  soy  at  once  that  I 
never  heard  of  or  saw  a  negro  in  the  south  who  was  tainted  with  disloyalty.  They  are  all 
loyal.  They  appear  to  understand  what  loyalty  to  the  government  is,  however 'ignorant 
they  may  be  in  other  respects.  In  reference  to  this  matter  of  loyalty  I  will  say  that,  accord 
ing  to  my  observation,  a  disposition  to  labor  is,  in  itself,  an  evidence  of  loyalty.  It  is  not 
altogether  a  question  of  color.  A  man  who  labors  in  the  south  is  generally  a  loyal  man, 
while  a  man  who  lives  upon  the  labor  of  others,  no  matter  whether  it  is  white  or  black  la 
bor,  is  pretty  certain  to  be  a  rebel.  There  is  a  class  that  is  an  exception  to  this,  or  was  at 
tlje  beginning  of  the  rebellion.  Many  of  the  large  property-holders  then  were  opposed  to 
secession  because  of  tire  effect  they  saw  it  would  have  on  their  property  and  their  pecuniary 
interests.  Many  of  them  stated  to  me  that  they  did  not  favor  secession  in  the  first  place, 
but  submitted  to  it,  acquiesced  in  it,  in  order  to  save  their  property  from  pillage  and  destruc 
tion. 

Question.  From  some  of  your  answers  it  would  appear  that  you  made  a  report  to  the 
President  or  to  the  Secretary  of  War  after  your  return :  how  is  that  ? 

Answer.  I  made  different  reports  in  writing,  accompanied  in  each  case  with  papers  and 
documents.  One  report,  exclusively  connected  with  freedmen's  affairs,  the  Secretary  of 
War  directed  me  to  take  to  General  Howard,  which  I  did.  I  also  attended  to  matters  con 
nected  with  the  Treasury  Department  while  in  th.e  south,  in  relation  to  cotton,  &c.,  concern 
ing  which  I  communicated  to  the  Secretary  of  the  Treasury.  But  the  principal  report  which 
I  made  was  entitled  "Louisiana,  politically  considered."  It  began  with  setting  forth  the 
condition  of  things  at  the  breaking  out  of  the  rebellion.  It  then  gave  a  short  history  of  the 
administrations  of  General  Butler  and  General  Banks,  and  continued  the  history  down  to 
the  time  when  I  was  there.  This  report  I  considered  properly  belonged  to  the  President.  I 
think  the  Secretary  of  War  so  considered  it,  to  whom  I  had  shown  it  before  I  took  it  to  the 
President.  At  any  rate  I  took  it  to  the  President,  together  with  all  the  documents  and  pa 
pers,  including  the  tables  to  which  I  have  already  referred.  After  I  reached  the  President 
I  opened  the  report.  There  was  too  much  of  it  for  me  to  read  the  whole,  but  I  read  to  the 
President  the  latter  paft  of  it,  and  especially  my  conclusions.  The  President  seemed  to  be 
a  great  deal  fatigued  at  the  time,  and  I  did  not  desire  to  detain  him  long.  He  made  some 
remarks  with  regard  to  not  being  able  to  consider  it  at  that  time,  and  suggested  that,  as  my 
authority  originated  with  the  Secretary  of  War,  I  had  better  file  my  report,  with  the  accom 
panying  papers,  in  the  War  Office,  which  I  did.  General  Swift,  formerly  on  General 
Banks' fl  staff,  accompanied  me  to  the  President,  and  was  present  when  this  conversation 
took  place,  and  when  I  read  the  conclusion  of  my  report  to  him.  General  Swift,  I  under 
stand,  is  now  in  this  city. 

Question.  Have  you  a  copy  of  your  report  to  the  President  ? 

Answer.  I  have  not  a  copy  of  that  report.  I  have  at  home  the  rough  draught  from  which 
the  report  was  made,  but  not  the  accompauj'ing  papers,  as  I  had  no  copies  made  of  thorn. 
Not  being  aware  that  I  would  be  called  before  this  committee  to  testify,  I  did  not  bring  that 
rough  draught  with  me  to  the  city. 

Question.  Can  you  state,  from  recollection,  the  substance  of  the  conclusions  in  your  report 
to  the  President,  which  you  state  you  made  to  him  ? 

Answer.  I  might  be  able  to  state  the  substance  of  the  conclusions.  One  of  them,  I  recol 
lect  distinctly,  was  to  this  effect:  That,  if  the  rebel  element  was  allowed  to  vote  in  the  smith 
at  that  time,  every  member  who  would  be  returned  to  Congress  would  be  hostile  to  the  policy 
of  the  federal  government,  not  only  as  regards  the  payment  of  the  national  debt,  but  in  refer 
ence  to  the  emancipation  of  the  negroes ;  that  while  they  expressed  a  willingness  to  submit 
to  the  principles  of  the  emancipation  proclamation,  they  always  coupled  with  it  a  determina 
tion  to  regulate  their  own  affairs  in  that  respect,  stating  that  they  would  have  an  org;i 
system  of  negro  labor  which  they  would  control  for  themselves.  Over  and  over  again,  in  con 
versation  in  New  Orleans,  I  heard  them  saying  that  they  would  make  the  condition  of  affairs 
better  for  themselves  than  it  was  before.  They  said  that  the  government,  had  freed  the  negroes, 


FLORIDA — LOUISIANA — TEXAS.  119 

and  should  be  made  to  take  care  of  the  cripples  and  those  who  were  not  able  to  work,  while 
they  could  regulate  and  control  the  labor  of  the  able-bodied.  I  will  here  state  that  while 
many  in  the  south  would  say  that  the  government  must  pay  the  rebel  debt  as  well  as  the 
federal  debt,  the  better  and  more  intelligent  class  of  them  did  not  speak  in  this  way,  but  they 
told  me  distinctly  that  I  could  not  expect  that  they  would  help  pay  our  debt  or  pension  our 
soldiers  for  whipping  them ;  that  they  would  have  the  power  in  the  government  some  day 
with  their  increased  representation,  and  would  be  able  to  defeat  the  payment  of  interest  on 
the  debt,  or  in  some  other  way  destroy  the  public  credit.  I  asked  them  where  they  expected 
to  get  help  for  that  purpose,  and  they  would  generally  say  that  there  were  portions  of  the 
north  where  they  had  no  interest  in  the  government  securities,  the  west  for  instance.  I 
found  that  to  be  the  feeling  among  the  best  men,  who  had  been  in  the  rebellion,  that  I  met  in 
the  south.  They  seemed  to  take  it  for  granted  that  we  could  not  expect  them,  when  they 
should  again  obtain  power,  to  help  pay  our  debt.  Since  I  made  the  written  report  to  the 
President,  after  my  return  from  New  Orleans,  I  have  had  other  conversations  with  him.  At 
one  time,  a  few  weeks  after  my  return,  hearing  that  there  was  some  probability  that  he  would 
order  the  withdrawal  of  the  military  or  the  Freedmen's  Bureau,  or  both,  from  the  south,  I 
called  upon  him  and  said  that  I  thought  I  understood  the  feelings  of  the  people  south,  and 
that  it  was  my  clear  conviction  that  if  such  a  course  was  carried  out,  the  first  thing  that  would 
happen  in  the  south  would  be  that  the  rebel  element  would  begin  to  kill  off  the  negroes, 
especially  those  who  had  taken  up  arms  on  our  side;  that  there  would 'be  killing  on  both 
sides,  for  the  negroes  had  now  learned  to  use  arms,  and  were  determined  to  maintain  their 
rights.  I  said  to  the  President,  "You  will  then  be  compelled  to  send  troops  down  there  to 
restore  order,  and  it  will  require  more  to  do  that  than  it  will  to  preserve  order  with  the  troops 
now  there.  The  result  will  be  that  our  troops  will  be  called  upon  to  shoot  down  the  black 
men  who  have  taken  up  arms  in  our  cause,  for  these  black  men  will  not  submit  to  the  op 
pression  that  will  be  forced  upon  them  by  the  rebel  legislatures.  The  State  governments 
being  in  the  hands  of  the  rebels,  they  will  commence  their  oppressive  enactments  in  regard 
to  these  people,  and  the  inevitable  result  will  be  a  call  upon  the  government  of  the  United 
States  for  troops  to  shoot  down  the  men' who  have  fought  for  our  cause." 

Question.  Have  you  any  further  statements  to  make  in  regard  more  particularly  to  Lou 
isiana  than  those  you  have  already  made  ? 

Answer.  I  think  my  statements  with  regard  to  Louisiana  will  cover  the  ground  of  my  ob 
servations,  together  with  the  evidence  upon  which  I  have  made  up  my  conclusions.  There 
is  one  matter  which  I  urged  upon  the  President  in  my  report,  or  on  my  return  from  New  Or 
leans,  and  that  was  the  immediate  removal  of  Governor  Wells  from  office  and  the  appoint 
ment  of  a  military  governor,  inasmiu  h  as  Governor  Wells  had  betrayed  the  loyal  party  there 
and  had  put  rebels  into  office.  I  insisted  that  the  people  of  Louisiana  were  not  in  a  proper 
condition  to  be  intrusted  entirely  with  the  affairs  of  that  State ;  and  I  also  expressed  myself 
in  favor  of  military  governors  for  the  other  States  of  the  south  for  the  same  reason,  and  gen 
erally  in  favor  of  holding  a  tirin  military  control  over  them. 


.    4  WASHINGTON,  April  23,  1866. 

Colonel  Israel  Vogdes  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  State  whether,  since  the  surrender  of  General  Lee,  you  have  been  in  Florida. 
If  so,  when,  and  in  what  capacity  ? 

Answer.  I  was  in  Florida  at  the  time  of  the  surrender  of  Johnston.  I  was  then  command 
ing  that  part  of  Florida  which  was  in  the  department  of  the  south — that  portion  embraced  in 
the  eastern  part  of  the  State,  extending  as  far  west  as  Tallahassee,  excepting  Key  West  and 
the  islands,  which  were  in  another  department.  I  continued  in  command  of  that  district 
until  the  month  of  September. 

Question.  State  briefly  what  steps  you  took  after  the  surrender  of  Lee  and  Johnston  for  the 
reorganization  of  civil  government  there. 

Answer.  A  short  time  after  the  surrender  of  General  Johnston  an  order  was  issued  from 
headquarters  department  of  the  south,  then  commanded  by  General  Gillmore,  of  which  the 
district  commanded  by  me  was  a  part,  prohibiting  any  civil  functionaries,  either  of  the 
State  of  Florida  or  of  any  other  State  embraced  within  that  department,  from  performing  any 
of  the  duties  of  their  offices.  I  issued  an  order  interpreting  that,  in  which  I  stated,  in  brief 
terms,  that  the  only  law  recognized  there  was  martial  law,  and  that  any  persons  attempting 
to  perform  any  civil  acts,  or  to  exercise  any  authority  as  being  derived  from  the  so  called 
Confederate  States,  or  the  State  of  Florida,  as  one  of  the  constituent  States  of  that  confed 
eracy,  would  render  himself  liable  to  punishment.  Military  commissions  were  organized  to 
try  breaches  of  the  peace.  Before  these  tribunals  the  testimony  of  all  men,  black  as  wrll 
as  white,  was  taken.  When  matters  in  the  case  of  property  were  involved,  after  examining 
the  testimony  submitted  I  ordered  possession,  leaving  the  question  of  right  to  be  determined 


120  RECONSTRUCTION. 

subsequently  by  the  courts,  when  the  cases  were  such  as  made  it  necessary  to  issue  such  an 
order.  A  short  time  after  that  I  issued  an  order  to  regulate  the  relations  between  the  planters 
and  freedmen.  The  substance  of  that  order  was,  that  contracts  must  in  all  cases  be  made 
arid  reduced  to  writing ;  that  in  cases  of  disagreement  three  referees  were  to  be  chosen,  one 
by  the  employer,  one  by  the  employ6,  and  the  third  by  the  two  so  chosen,  to  settle  all  mat 
ters  of  dispute  between  them.  The  freedmen  were  distinctly  informed  that  they  were  at 
liberty  to  hire  themselves  wherever  they  pleased,  and  if  they  came  upon  the  government  for 
support  I  should  put  them,  as  in  the  case  of  white  people,  to  work.  They  were  recommended, 
however,  for  the  time  being,  as  far  as  possible  to  make  arrangements  with  their  former  own 
ers  for  portions  of  the  crop  which  was  then  in  the  ground.  There  being  no  circulating  me 
dium  in  the  country,  it  was  impossible  to  make  many  contracts  in  order  to  secure  support  for 
them  for  the  coming  season.  Most  of  the  planters,  or  a  very  large  number,  made  arrange 
ments  under  that  order  with  their  former  slaves,  some  promising  to  give  as  high  as  half  the 
crop,  and  others  a  third ;  and  from  the  reports  I  received  I  think  the  vast  majority  of  the 
freedmen  so  engaged  were  satisfied  with  the  conditions  made,  as  were  the  planters. 

Question.  Did  that  state  of  things  continue  while  you  remained  there  ? 

Answer.  That  state  of  things  continued,  with  slight  modifications  made  by  General  Fos 
ter  and  General  Newton.  They  adopted,  as  a  basis,  my  order.  General  Newton,  in  his 
order,  included  a  provision  by  which  the  planters  were  obliged  to  support  the  aged,  and 
small  children.  I  left  that  question  to  be  determined  afterwards,  as  I  saw  it  was  one  which 
would  give  rise  to  great  difficulty. 

Question.  What  view  did  people  generally  take,  after  the  surrender  of  Leo  and  Johnston, 
of  the  late  rebellion,  and  of  the  questions  involved  by  it  ? 

Answer.  As  far  as  my  observation  extended,  they  were  all,  satisfied  that  further  resistance 
was  impossible,  and  that  they  were  willing  to  acquiesce  in  the  results ;  or,  as  they  expressed 
it  generally,  that  they  were  a  conquered  people.  As  to  what  would  be  the  effect  of  that  con 
quest  there  were  a  great  variety  of  opinions.  Quite  a  number,  formerly  prominent  men  in 
the  State,  came  to  see  me,  and  conversed  freely  on  State  affairs.  Mr.  Yulee  had  been  ap 
pointed  by  the  acting  governor  of  the  State  to  come  to  Washington,  but  he  was  prevented 
from  coming  by  an  order  given  for  his  arrest.  He  told  me  the  policy  he  intended  to  recom 
mend  was,  first,  to  call  a  convention  by  the  governor  of  the  State,  at  which  it  was  proposed 
to  annul  the  ordinance  of  secession  and  to  organize  the  State,  accepting  the  President's 
proclamations,  the  condition  of  which  was  freeing  the  negroes ;  that  he  had  no  doubt  but 
what  that  would  be  carried  by  the  convention.  Others  were  opposed,  again,  to  the  condi 
tion  of  freeing  the  negroes.  In  their  conversation  with  me  they  urged  that,  if  freed,  they 
thought  compensation  should  be  made  to  their  owners.  Some  few  were  willing  to  give  the 
negroes  all  their  rights  and  privileges,  but  the  number  was  very  small. 

Question.  What,  if  anything,  did  they  say  as  to  their  preference  for  the  confederate  or 
United  States  governments  ? 

Answer.  Some  said  they  were  always  opposed  to  secession,  and  that  a  very  large  number 
of  them  went  into  it  to  keep  the  war  away  from  their  own  country,  as  much  as  anything 
else.  Others,  again,  expressed  their  views  in  this  way :  they  thought  the  southern  con 
federacy  was  the  best  thing  in  the  world,  but  that  the  next  best  thing  to  that  was  the  United 
States  government,  and  that  they  now  want  to  be  good  citizens  of  the  United  States.  They 
fought  it  out  as  long  as  they  could,  but  they  gave  it  up. 

Question.  What  portion  of  the  people  did  you  find  there  who  had  been  loyal  to  the  gov 
ernment  during  the  war? 

Answer.  I  do  not  think  I  could  answer  the  question  as  to  any  numerical  proportion,  but 
the  ratio  was  very  small,  and  they  were  generally  of  not  much  political  influence  in  the 
community. 

Question.  What  feeling  did  those  who  had  been  active  rebels  exhibit  towards  those  who 
had  been  loyal  people  to  the  federal  government  ? 

Answer.  In  some  instances  the  feeling  was  pretty  bitter.  In  other  instances  they  mani 
fested  a  disposition  to  make  use  of  the  influence — imaginary  or  otherwise — of  these  loyal 
people  to  get  protection.  It  depended  very  much  upon  what  the  person  might  think  as  to 
the  influence  of  these  people.  1  might  say,  in  this  connexion,  that  some  loyal  men  (and  a 
pretty  large  number  of  them)  told  me  that  if  those  who  had  been  prominent  and  active  in 
the  rebellion  were  to  be  allowed  to  vote,  they  did  not  think  it  would  be  a  safe  place  for 
them  ;  that  they  would  have  to  leave  the  State. 

•  Question.  What,  in  your  opinion,  would  be  the  condition  of  things  there,  if  the  federal 
troops  were  withdrawn  and  the  control  of  matters  left  in  the  hands  of  the  people? 

Answer.  From  what  I  saw  there  I  do  not  think  it  would  be  a  very  safe  piaco  for  loyal 
men.  I  think  it  is  necessary  to  have  a  protecting  force  on  the  part  of  the  government  there. 
I  had  troops  disposed  about  different  parts  of  the  State ;  and  I  think  the  mixing  of  colored 
troops  with  white  troops  there  is  beneficial  to  preserving  order — some  proportion  of  them  at 
least.  My  reason  is,  that  while  the  white  men  are  very  much  opposed  to  having  colored 
troops  to  execute  the  laws  over  them,  it  would  be  better  to  have  the  present  duty  done  by 
white  troops ;  but  by  holding  a  portion  of  colored  troops  there,  a  good  feeling  is  kept  up 
between  the  colored  population  and  the  general  government,  and  any  disturbance  that  any 
a'ebel  organization  might  be  disposed  to  make  would,  with  almost  a  certainty,  be  revealed  to 


FLORIDA — LOUISIANA — TEXAS.  121 

the  authorities  of  the  United  States  ;  while  the  total  withdrawing  of  the  colored  troops  from 
there  would  create  mistrust  upon  the  part  of  the  negroes,  and  they  would  be  reluctant  to 
give  the  information.  I  got  a  great  deal  of  information  from  them,  from  time  to  time,  as  to 
where  arms  were  stored  away,  and  in  many  respects,  which  I  do  not  think  would  have 
been  given  me  if  there  had  been  none  but  white  troops  there. 

Question.  What  rights  and  privileges  are  the  people  there  willing  to  extend  by  law  to 
the  blacks  ? 

Answer.  There  are  a  very  great  variety  of  opinions  there  on  that  subject.  Their  rights 
do  not  extend  much  beyond  freedom  from  the  simple  condition  of  absolute  bondage.  I  think 
the  people  are  generally  opposed  to  giving  them  any  part  in  tbe  administration  of  affairs,  and 
in  favor  of  granting  them  as  few  civil  rights  as  possible.  What  civil  rights  were  granted  to 
them,  I  think,  was  done  more  for  the  purpose  of  obtaining  restoration  to  the  Union  than  from 
any  desire  to  benefit  the  black  man. 

Question.  How  do  the  blacks  stand  affected  towards  the  federal  government  ? 

Answer.  They  are  all  loyal,  and  they  are  the  only  loyal  element  of  decided  strength  there 
is  there.  The  other  loyal  men  are  scattered  here  and  there,  and  are  liable  to  be  intimidated 
by  the  other  party.  I  think  the  blacks  generally  have  confidence  in  the  persons  who  admin 
ister  the  affairs  of  the  government,  and  will  cheerfully  accede  to  their  views.  I  had  no  diffi 
culty  in  getting  them  to  do  it.  But  they  are  very  suspicious,  and  if  they  think  a  man  is 
their  enemy,  are  very  apt  to  fall  into  idleness  and  neglect.  I  sent  out  quite  a  number  of 
officers  and  persons  connected  with  the  government  to  address  them  on  the  plantations, 
where  the  planters  were  also  present.  In  some  instances  they  did  not  like  the  addresses, 
and  they  reported  to  me  that  they  thought  their  masters  had  dressed  some  fellow  up  in 
Yankee  clothes  to  talk  to  them.  That  expresses  their  idea,  and  shows  their  feeling. 

Question.  Did»the  blacks,  as  far  as  your  observation  extended,  have  any  adequate  con 
ception  of  the  questions  involved  in  the  war,  or  of  the  condition  of  things  growing  out  of  the 
war? 

Answrer.  Some  few,  I  think,  did.  The  interviews  I  had  were,  for  the  most  part,  with  the 
more  intelligent  part  of  them.  I  thought  they  seemed  to  have  a  pretty  clear  conception  of 
the  state  of  affairs,  but  how  far  the  mass  of  blacks  understood  these  questions,  my  position 
did  not  afford  me  an  opportunity  of  knowing.  I  would  have  to  speak  from  what  I  have 
heard  other  people  say. 

Question.  Did  you  hear  anything  said,  while  you  were  there,  or  have  you  any  opinion  as 
to  what  the  people  desire  or  intend,  about  the  rebel  debt,  or  about  compensation  for  their 
slaves  ? 

Answer.  I  think,  from  what  observation  I  had  there — in  fact,  I  can  answer,  knowing  that 
a  very  large  portion  of  them  still  hope  for  compensation  for  their  slaves,  and  that  they  will 
abandon  that  hope  with  great  reluctance.  Some  of  them  think  the  rebel  debt  ought  to  be 
paid.  Others  think  it  is  useless  to  expect  it. 

Question.  Had  the  policy  of  general  amnesty  or  pardon  become  pretty  well  known  or  un 
derstood  there  before  you  left  ? 

Answer.  Pretty  well,  I  think  The  leading  men,  however,  were  very  fearful  that  their 
property  would  be  confiscated,  and  were  very  anxious  to  obtain  pardons  so  as  to  prevent  it 
from  being  seized.  The  United  States  marshal  was  seizing  a  good  deal  of  property  there  at 
that  time,  which  created  a  good  deal  of  alarm  with  the  people,  and,  I  think,  had  a  bad  effect. 

Question.  What  did  the  people  generally  expect,  as  to  the  course  of  the  federal  govern 
ment,  after  the  surrender  of  Lee  and  Johnston,  and  the  failure  of  the  confederacy  ? 

Answer.  I  think,  at  first,  they  were  very  much  alarmed,  especially  when  they  learned  the 
news  of  Mr.  Lincoln's  death.  They  were  very  much  afraid  the  new  President  would  take 
strong  measures  against  them,  and  that  there  would  be  an  effort  to  oppress  them,  growing 
out  of  the  altered  state  of  feeling  in  the  north,  consequent  on  the  assassination  of  the  Presi 
dent. 

Question,  Suppose  one  of  the  terms  of  restoration  prescribed  by  the  President  had  been 
the  extension  of  civil  rights  and  a  qualified  suffrage  to  the  blacks  ;  do  you  suppose  the  peo 
ple  of  Florida  would  have  been  willing  to  accept  it  at  that  time? 

Answer.  I  think,  had  that  question  been  put  immediately  after  the  surrender,  they  would 
have  accepted  qualified  suffrage  as  a  condition  of  restoration  ;  at  least,  I  know  some  of  the 
most  important  personages  in  the  State  would  have  yielded  to  it.  But  afterwards  I  am 
satisfied  they  would  have  opposed  it.  After  the  organization  of  provisional  governors  for  the 
States  they  would  not  have  accepted  it. 

Question.  What  do  you  think  the  people  there  would  do  with  a  proposition  to  amend  the 
Constitution  so  as  to  give  suffrage  to  the  blacks  at  some  future  day — say  in  two  years  from 
this  time  ? 

Answer.  I  think  a  very  large  majority  would  vote  against  it.  My  observation  and  inter 
course  with  these  people  led  me  to  believe  that  it  may  be  laid  down  as  a  general  rule,  that 
the  white  men  still  act  under  the  impression  that  they  haVe  some  sort  of  right  to  the  labor  of 
the  black  man,  even  without  compensation.  It  is  an  involuntary  principle  with  them  that 
they  cunnot  relieve  themselves  of. 

Question.  What  class  of  people  there  are  most  hostile  to  the  blacks,  and  the  most  inimical 
to  the  government  of  the  United  States  ? 


122  RECONSTRUCTION. 

Answer.  I  should  say  the  planters,  as  a  class,  were  most  disposed  to  sustain  the  govern 
ment,  and  most  disposed  to  give  privileges  to  the  blacks.  They  feel  satisfied  that  their  iu- 
ture  prosperity  depends  entirely  on  keeping  on  good  terms,  both  with  the  United  States  au 
thorities  and  with  the  black  population  who  are  there ;  and  they  also  fear  very  much  the 
class  of  poor  whites  who  are,  as  a  general  thing,  hostile  to  the  planters.  The  class  between 
the  poor  whites  and  planters  I  consider  the  most  dangerous  element  to  society  down  there. 
It  consists  mainly  of  minor  officers,  both  civil  and  military,  of  the  confederate  government 
who  have  been  discharged,  persons  who  are  out  of  employ,  and  who  think  they  are  defeated, 
but  not  absolutely  conquered  yet. 

Question.  What  is  your  opinion  as  to  the  absolute  necessity  or  utility  of  the  Freedmen's 
Bureau,  or  some  agency  of  that  kind  ? 

Answer.  I  think  something  of  that  kind  is  indispensable  until  the  civil  government  can 
organize  a  system  of  education  and  of  labor  that  shall  be  satisfactory  to  all  parties. 

Question.  Suppose  the  people  there  were  left  free  to  do  as  they  pleased ;  what  kind  of  men 
would  they  choose  to  fill  the  State  offices,  and  to  represent  them  in  the  Congress  of  the 
United  States  ? 

Answer.  I  think  the  men  chosen  would  generally  be  those  who  had  participated  in  the  re 
bellion.  They  might,  with  a  view  of  or  expecting  to  gain  some  end,  withhold  their  opposi 
tion  to  and  elect  some  more  liberal  men ;  but,  if  the  elections  were  left  to  take  their  natural 
course,  they  would  choose,  without  a  doubt,  men  who  had  taken  an  active  part  in  the  re 
bellion.  They  would  be  the  most  popular  candidates  with  the  people. 

Question.  What,  in  your  opinion,  was  the  effect  of  substituting  civil  for  military  govern 
ment  before  the  State  was  reorganized  ? 

Answer.  I  think  the  effect  would  have  been  better  if  it  had  been  military  entirely.  I  think 
that  until  the  whole  question  was  settled  the  real  loyal  men  would  prefer  the  authority  to  re 
main  in  the  hands  of  the  military,  especially  if  the  men  who  had  been  active  in  the  rebellion 
are  allowed  to  vote  or  take  part  in  the  government.  In  such  a  government  the  military  au 
thorities  should  be  strictly  just  in  their  conduct,  and  attend  only  to  carrying  out  their  orders 
and  enforcing  the  laws,  not  meddling  with  trade  or  with  any  matters  not  strictly  necessary 
for  the  preservation  of  order.  My  own  system  was  to  limiting  myself  to  preserving  order, 
encouraging  trade  and  industry  as  much  as  possible,  and  of  allowing  the  people  the  greatest 
amount  of  liberty  of  trade  consistent  with  my  orders,  not  allowing  them  to  be  interfered  with 
more  than  was  absolutely  required  in  cai'rying  out  the  orders  of  the  government. 

Question.  How  long  have  you  been  an  officer  in  the  regular  army  of  the  United  States  ? 

Answer.  I  went  as  cadet  to  West  Point  in  1833.  I  graduated  in  1637,  and  since  that  time 
I  have  been  continuously  in  the  military  service. 


WASHINGTON,  April  13,  1866. 
The  following  communication  from  Major  General  Sheridan  was  presented  by  Mr.  Williams : 

.  HEADQUARTERS  MILITARY  DIVISION  OF  THE  GULF, 

New  Orleans,  Louisiana,  March  31,  1866. 

DEAR  SIR:  Your  communication  of  the  25th  ultimo,  requesting  certain  information  as  to 
affairs  in  Louisiana,  Texas,  and  Florida,  came  duly  to  hand,  but  owing  to  my  absence  in 
Florida  I  have  been  prevented  from  responding  at  an  earlier  day.  In  compliance  with  your 
request  I  have  the  honor  to  submit  herewith  my  opinions  on  the  subjects  therein  particularized : 

Question  I.  "What  are  now  the  feelings  of  those  who  took  part  in  the  rebellion  and 
sympathized  with  it  towards  the  general  government?" 

Answer.  I  believe  they  accept  the  situation,  and  have  an  earnest  desire  for  the  restoration 
of  a  perfect  union,  but  exhibit,  at  the  same  time,  an  unmistakable  desire  to  glorify  rebellion. 

Question  2.  "What  has  been  the  effect  of  the  unstinted  exercise  of  the  pardoning  power 
upon  such  persons  ?  Has  it  made  them  more  friendly  or  otherwise  towards  the  federal  gov 
ernment?" 

Answer.  I  have  noticed  no  particular  change  in  sentiment  on  account  of  the  clemency  of 
the  Executive. 

Question  3.  "What  would  be  the  effect,  in  your  opinion,  upon  the  State  organization,  if 
the  people  were  left,  without  control,  to  act  for  themselves?" 

Answer.  I  believe  they  would  quarrel  among  themselves,  and  that  the  sensible  and  sub 
stantial  people  would  regret  the  nbsence  of  the  military  force. 

Question  4.  "Are  the  offices  of  the  State  now  in  the'  hands  of  loyal  or  disloyal  men  ?" 

Answer.  A  very  large  number  of  the  offices  of  the  State  are  in  the  hands  of  "returned  con 
federate  soldiers  and  other  active  participants  in  the  rebellion.  I  nm unable  to  say  what  their 
actual  sentiments  are  in  reference  to  the  general  government,  but  think  their  outspoken  senti- 


FLORIDA — LOUISIANA — TEXAS.  123 

ments  depend  to  some  extent  on  what  is  their  best  policy  in  order  to  hold  the  office.     I  have 
seen  those  high  in  authority  in  a  transition  state  for  the  same  reason. 

Question  5.  "What  are  regarded  as  the  chief  recommendations  for  office,  and  what  sort  of 
persons  would  be  elected  without  any  outside  influence?" 

Answer.  The  inclination  to  glorify  rebellion  gives  those  who  were  active  participants  in  it 
the  preference  for  election  by  the  people,  or  appointment  by  those  in  power. 

Question  6.  "  What  would  be  the  condition  of  the  loyal  men  if  they  were  left  without  any 
protection  from  the  federal  government  ?" 

Answer.  My  impression  is  that  for  the  present  they  would  feel  unsafe,  and  many  of  them 
leave  the  country. 

Question  7.  "  State  your  opinion  as  to  the  necessity  for  the  continuance  of  a  military  force 
in  your  department,  and  your  reasons  for  the  opinion." 

Answer.  I  consider  it  necessary  to  maintain  a  military  force  in  my  division  for  the  follow 
ing  reasons :  To  give  security  to  northern  capital  and  Union  people,  and  to  give  an  actual 
and  moral  support  to  the  freedman  until  he  has  time  to  work  out  his  social  status.  I  also 
believe  its  presence  necessary  to  prevent,  quarrelling  among  the  southern  people  themselves. 

Question  8.  "  What  is  your  opinion  as  to  the  necessity  and  expediency  of  the  Freedmen's 
Bureau?" 

Answer.  The  Freedmen's  Bureau  gives  that  security  to  the  freedman  which  arises  from 
having  some  one  to  look  after  and  advocate  his  interests.  A  change  might  be  made  by  ap 
pointing. an  inspector  general  of  freedrnen,  with  the  necessary  number  of  assistant  inspectors, 
under  charge  of  the  department  commander,  which  would  be  much  more  economical,  but  it 
would  be  imposing  duties  on  the  military  which  I  do  not  recommend,  as  I  think  it  should 
have  as  little  as  possible  to  do  with  civil  affairs. 

Question  9.  "What  would  be  the  condition  and  fate  of  the  freedmen  if  left  without  pro 
jection,  under  the  exclusive  control  of  the  white  people  there  ?" 

Answer.  I  fear  there  would  be  a  great  deal  of  trouble.  A  large  number  of  the  people  would 
act  in  good  faith  towards  them,  but  there  would  be  many  who  would  not,  and  a  war  of  races, 
to  some  extent,  would  probably  be  a  consequence. 

Question  10.  "State  fully  your  opinion  as  to  the  capacity  of  the  colored  people ;  what  do 
they  know,  and  to  what  extent  can  they  exercise  the  sightr  of  freemen  ?  Are  they  willing  or 
unwilling  to  work,  without  physical  compulsion,  with  kind  treatment  and  fair  wages  ?  And 
state  what,  in  your  judgment,  is  the  best  course  for  Congress  to  pursue  in  reference  to  these 
people." 

Answer.  The  colored  race,  like  all  other  races,  have  different  degrees  of  intelligence  and 
capacity.  In  New  Orleans,  where  colored  people  are  better  treated  than  in  any  other  city  in 
the  United  States,  there  is  an  excellent  colored  society,  and  a  very  high  degree  of  refinement 
exists  in  it.  Starting  from  this,  you  can  go  into  the  State  of  Louisiana  and  find  the  colored 
man  about  as  ignorant  as  it  is  possible  for  any  human  being  to  be.  The  freedmen,  so  far  as 
I  am  informed,  have  a  great  desire  to  learn.  I  cannot  say  whether  they  learn  rapidly  or  not. 
I  believe  they  are  willing  to  work,  because  their  necessities  compel  them  to  do  so.  In  this 
they  are  like  all  other  races.  I  never  have  known  a  white  or  a  black  man  who  was  per 
forming  manual  labor  for  the  love  of  it.  I  believe  the  best  thing  that  Congress  or  State  can 
do  is  to  legislate  as  little  as  possible  in  reference  to  the  colored  man  beyond  giving  him  se 
curity  in  his  person  and  property.  His  social  status  will  be  worked  out  by  the  logic  of  the 
necessity  for  his  labor.  It  is  the  only  labor  that  can  be  obtained  in  the  southern  States  for 
some  time  to  come. 

Question  11.  "Please  to  make  such  suggestions  as  occur  to  your  mind  as  to  the  most 
iudicious  and  efficient  remedies  for  the  evils  that  exist  in  your  department  growing  out  of  the 
late  rebellion." 

Answer.  The  feeling  and  sentiment  of  those  within  the  limits  of  my  command  is  as  good, 
perhaps,  as  could  be  expected ;  still,  not  satisfactory. 

The  people  of  Louisiana  are  poor,  and,  to  the  best  of  my  knowledge,  heavy  mortgages 
exist  upon,  perhaps,  the  majority  of  plantations  in  the  State  for  debts  contracted  before  the 
war.  In  many  instances  those  plantations  will  fall  into  the  hands  of  northern  people,  who, 
from  present  appearances,  will,  at  no  very  distant  period,  control  Louisiana,  even  in  senti 
ment.  Having  this  prospect  before  them,  it  is  not  surprising  that  a  spirit  of  bitterness  and 
discontent  should  exist. 

I  believe  that  the  majority  of  the  people  are  not  opposed  to  the  general  government,  and  in 
fact  earnestly  desire  to  be  restored  to  a  perfect  union  with  the  other  States.  Still,  sufficient 
time  has  not  yet  elapsed  to  efface  the  recollection  of  their  having  been  reduced  from  affluence 
to  limited  means,  the  chagrin  of  being  conquered,  and  to  submerge  the  idea  of  glorifying 
rebellion  and  its  representatives.  This  latter  idea  and  its  consequences  prevail  to  so  great 
an  extent  that  I  consider  the  retention  of  the  military  in  Louisiana,  for  some  time,  as  neces 
sary  for  the  security  of  emigrants,  freedmeu,  and  capital. 

FJorida  is  not  poor  from  old  debts  and  havoc  of  war,  nke  Louisiana,  and  the  tone  and  senti 
ment  of  the  people  is  very  fair,  and  a  great  desire  manifested  to  restore  a  perfect  Union. 

Texas  has  increased  in  wealth  by  the  rebellion.  Among  the  best  people  there  is  a  very 
good  feeling  towards  the  government.  There  is  a  class  of  lawless  people  there,  however, 
which  this  sentiment  does  not  control,  and  which  cannot  be  controlled  but  by  the  military. 


124  RECONSTRUCTION. 

The  sentiment  in  this  State  will  not  change  from  the  influence  of  northern  emigration  and 
northern  capital,  as  in  Louisiana.     It  is  essential  that  the  military  in  considerable  force  be 
maintained  in  the  department  of  Texas. 
I  have  the  honor  to  be,  sir,  very  respectfully,  your  obedient  servant, 

P.  H.  SHERIDAN, 

Major  General,  Commanding. 
Hon.  GEORGE  H.  WILLIAMS, 

Chairman  of  the  Committee  for  the  Investigation  of  Affairs  in 

Louisiana,  Texas,  and  Florida,  Senate  Chamber,  Washington,  D.  C. 


WASHINGTON,  March  14,  1866. 
Brevet  Major  General  Christopher  C.  Andrews  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  Have  you,  at  any  time  since  the  cessation  of  hostilities,  been  in  Texas  ?  If  so, 
please  state  how  long  you  were  there,  and  what  opportunities  you  had  to  ascertain  the  views 
and  feelings  of  the  people  there  in  regard  to  the  government  and  authority  of  the  United 
States. 

Answer.  I  was  in  command  of  the  district  of  Houston,  Texas,  from  July  8,  1865,  until 
about  the  middle  of  the  following  August.  During  that  time  I  visited  several  of  the  posts 
in  the  district,  among  them  Beaumont,  Liberty,  Brenham,  and  Columbus.  And,  in  obedience 
to  orders,  I  also  accompanied  Governor  Hamilton  to  Austin,  and  was  present  when  he  was 
inaugurated  in  the  capitol  of  the  State.  From  there  I  went  to  San  Antonio  and  returned  by 
the  way  of  Columbus  to  Houston ;  while  on  duty  at  Houston  I  saw,  daily,  planters  and 
others  from  various  parts  of  the  ^tate. 

Question.  State  what  you  found,  in  your  intercourse  with  the  people  of  Texas,  to  be  their 
temper  and  disposition  towards  the  government  and  authority  of  the  United  States. 

Answer.  I  thought  there  was  a  fine  Union  element  in  Texas ;  some  of  the  best  men  ap 
peared  to  be  very  well  disposed  to  a  restoration  of  the  federal  authority  and  the  return  of  the 
State  into  the  Union.  Some  of  the  influential  men  there  realize  the  true  state  of  affairs — I  in 
clude  some  of  those  who  participated  actively  in  the  rebellion — and  they  are  disposed  to  be  lib 
eral  in  regard  to  the  freedmen,  and  to  accept  heartily  and  readily  the  condition.  But  a  large 
majority  ot  the  white  people  of  Texas  were  still  disloyal,  and  still  entertained  a  hope  of  re 
establishing  slavery.  It  was  common  for  them  to  tell  their  former  slaves,  now  free,  that  the 
proclamation  of  emancipation  would  be  set  aside.  There  was  also  a  sort  of  disdain  exhib 
ited  towards  the  northern  people,  and  a  disposition  to  spurn  the  federal  authority.  My  means 
of  forming  an  opinion  of  the  state  of  feeling  were,  conversation  with  all  classes  of  people, 
including  Union  refugees  who  had  returned,  freedmen,  and  planters.  I  thought  the  Union 
sentiment  at  Austin  was  very  good ;  at  New  Braunsfels,  a  German  settlement,  I  thought 
the  loyal  sentiment  was  specially  good. 

Question.  Where  did  you  find  the  Union  feeling  the  strongest — in  those  neighborhoods 
where  the  troops  were  located  and  the  people  were  protected  by  military  force,  or  in  those 
neighborhoods  whew  there  was  no  military  force,  and  where  the  people  had  little  or  no  mil 
itary,  protection  ? 

Answer.  There  was  certainly  more  expression  of  loyalty  in  the  neighborhood  of  military 
posts  than  elsewhere.  The  presence  of  the  military  authority  seemed  to  develop  and  en 
courage  loyal  sentiments.  So  far  as  I  have  observed,  wholesome  government  ami  restraint 
have  tended  to  increase^  the  respect  for  the  federal  flag.  It  was  common  to  see  the  people 
conversing  with  the  common  soldiers,  and  I  think  the  impression  produced  by  the  behavior 
of  the  soldiers  was  favorable  to  the  cause  of  loyalty. 

Question.  In  your  judgment,  what  would  be  the  effect  upon  the  growth  of  loyal  sentiment 
and  the  interests  of  the  loyal  people  of  Texas  to  withdraw  altogether  the  military  forces  of 
the  United  States  from.that  country? 

Answer.  I  think  it  would  be  extremely  injurious  to  the  cause  of  loyalty,  assuming  that 
the  troops  are  well  disciplined. 

Question.  Would  the  Union  people  of  Texas  venture  to  express  their  sentiments  arid  or 
ganize  as  a  Union  party  at  this  time,  in  the  absence  of  military  protection  ? 

Answer.  I  have  no  reason  to  think  they  would ;  the  weight  of  public  opinion  was  strongly 
agaiusj  the  unconditional  Union  element. 

Question.  What  is  your  opinion  as  to  the  necessity  and  value  of  the  Freedmen's  Bureau, 
or  some  agency  of  that  kind  in  Texas  at  this  time  ? 

Answer.  I  think  it  very  essential  ^  there  were  shown  to  me  copies  of  blank  forms  of  con 
tracts  which  appeared  to  have  been  agreed  upon  by  planters  and  others  who  wished  to  hire 
fireedineii,  which,  if  enforced  strictly,  would  barely  give  the  freedman  his  board  and  clothed ; 
there  were  so  many  deductions  for  loss  of  time,  and  charges  for  medical  attendance,  and 
care  of  children,  &c.  My  opinion  was  asked  in  regard  to  the  matter,  and  I  said  that  I  con- 


FLORIDA — LOUISIANA TEXAS.  125 

sidered  such  a  form  of  contract  very  unfair  to  the  freedman.  Unless  the  freedmen  are  pro 
tected  by  the  government  they  will  be  much  worse  off  than  when  they  were  slaves,  because 
they  will  not  have  the  protection  they  formerly  had  from  their  owners  and  masters.  There 
was  a  disposition  among  the  majority  of  the  white  people  to  get  the  labor  of  the  freedmeu  at 
as  cheap  rates  as  possible,  and  to  coerce  them  to  accept  such  rates. 

Question.  In  case  the  people  of  Texas  were  left  entirely  to  themselves,  without  any  con 
trol  by  the  government  of  the  United  States,  into  whose  hands  would  the  affairs  of  the  State 
pass — the  hands  of  the  Union  portion  of  the  people,  or  the  hands  of  the  disloyal  portion  ? 

Answer.  1  suppose  there  is  no  doubt  they  would  pass  into  the  hands  of  the  disloyal  por 
tion  of  the  people. 

Question.  Would  you  consider  it  safe  and  judicious  to  withdraw,  at  this  time,  the  control 
of  the  federal  government  over  the  people  of  Texas  ? 

Answer.  I  would  not. 

Question.  Without  questioning  you  as  to  details,  I  wish  you  wrould  state  all  the  informa 
tion  you  have  which  you  may  deem  necessary  to  show  fully  the  sentiments  of  the  people  of 
Texas  in  regard  to  the  restoration  of  federal  authority  there,  their  treatment  of  the  freedmen, 
their  feelings  in  relation  to  the  confederacy,  and,  generally,  all  opinions  you  may  have  upon 
that  subject. 

Answer.  Unfortunately,  it  has  been  a  common  sentiment  in  the  south  that  northern  people 
were  their  inferiors ;  and  during  the  war  this  sentiment  was  increased — their  songs,  their 
speeches,  their  literature,  all  tending  to  belittle  the  "  Yankees."  The  conduct  of  our  armies 
has  changed  this  feeling  somewhat ;  but  it  still  exists  to  a  considerable  extent.  Where  there 
has  been  a  lack  of  any  penitence,  but  instead  of  it  a  lofty  spirit  of  disdain,  magnanimity 
towards  such  on  the  part  of  the  government  appears  to  have  been  wasted.  Three  or  four 
thousand  oaths  of  allegiance  were  voluntarily  taken  in  my  district  in  the  course  of  a  month; 
but  learning  it  was  common  for  those  who  took  the  oath  to  treat  it  in  a  frivolous  and  sneering 
manner,  the  provost  marshal  was  instructed  to  administer  it  to  those  only  whom  he  had  good 
reason  to  believe  would  honestly  observe  it.  The  object  of  taking  the  oath  seemed  to  be  to 
get  restored  to  the  privileges  of  citizenship,  and  not  as  any  token  of  devotion  to  the  govern 
ment.  My  opinion  then  was,  and  is  now,  that  the  disloyal  people  should  have  been  made  to 
understand  that  the  privilege  of  franchise  which  they  had  forfeited  was  a  high  trust,  to  be 
extended  to  those  only  who  should  become  heartily  and  unconditionally  loyal.  To  be  en 
dowed  in  a  wholesale  manner  with  the  sacred  right  of  franchise,  was  much  greater  indul 
gence  than  they  ever  expected.  In  regard  to  the  freedmen,  the  prevailing  opinion  among 
the  whites  was  that  free  labor  would  be  a  failure.  Not  having  any  hope  of  success,  they 
were  reluctant  to  attempt  giving  it  a  trial.  They  insisted  that  the  whip  was  the  only  means 
of  making  the  blacks  work.  In  some  instances  planters,  who  had  dealt  honorably  and 
humanely  towards  their  slaves,  had  no  difficulty  in  retaining  them  the  same  as  ever  on  their 
plantations — the  blacks  confiding  in  their  honor  in  regard  to  pay.  There  was,  however,  so 
much  said  by  the  whites  about  slavery  being  re-established  in  the  future  that  the  freed  people 
acquired  a  distrust  as  to  their  freedom,  and  were  uneasy  and  apprehensive  about  their  future 
condition.  This  made  them,  as  a  general  thing,  reluctant  to  hire  out  to  their  former  masters. 
Serving  others  under  contracts  of  their  own  making  seemed  to  assure  them  of  their  freedom. 
Beyond  the  influence  of  military  posts  the  blacks  were  still  held  as  slaves.  There  was  a 
general  disposition  among  the  whites  to  depreciate  the  capacity  and  merits  of  the  freedmen, 
and  to  sneer  at  the  idea  of  their  going  to  school.  I  had  reason  to  believe  a  number  of  freed 
men  had  been  murdered  without  the  slightest  provocation.  There  were  instances  where  a 
freedman  was  attempting  to  leave  his  former  master,  and  was  followed  and  shot.  In  case  a 
colored  man  was  killed,  a  story  was  immediately  started  of  his  having  been  guilty  of  some 
aggravated  crime.  And  it  is  an  important  fact,  that  where  blacks  were  killed,  no  white  resi 
dent  interposed  to  bring  the  offender  to  justice.  The  freedmen  are  unfriendly  towards  the 
whites  because  the  latter  treat  them  as  an  abject  and  inferior  race,  and  are  unwilling  to  con 
cede  to  them  the  merits  they  possess.  The  whites,  in  my  opinion,  can  only  gain  their  confi 
dence  and  friendship  by  a  frank  and  sincere  acknowledgment  of  their  liberty  and  a  just  ac 
quiescence  in  reasonable  measures  for  the  protection  of  their  liberty.  This,  I  think,  will 
secure  harmony  between  the  two  races.  And  it  is  vastly  essential  to  the  cause  of  the  Union, 
in  my  opinion,  that  if  any  are  to  have  the  right  of  suffrage,  they  should  have  it  who  are  and 
have  been  the  true  friends  of  the  Union,  and  without  regard  to  color. 


WASHINGTON,  March  14,  18G6. 
Dr.  James  M.  Turner  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  Have  you  been  in  Louisiana  at  any  time  since  Lee's  surrender;  and  if  so,  at 
what  time  and  how  long  ? 

Answer.  I  was  in  Louisiana  about  the  1st  of  January,  1866.  I  was  in  "ATe>T  Orleans  from 
six  weeks  to  two  months ;  and  I  was  also  a  few  days  in  Mobile. 


126  '  RECONSTRUCTION. 

Question.  Have  you  lived  in  the  southern  States  prior  to  the  rebellion ;  if  so,  how  long, 
and  where  ? 

Answer.  I  was  in  Nashville  in  1849 ;  my  eldest  son  was  born  there ;  I  was  then  editing  the 
Nashville  Gazette.  Two  years  afterwards  I  was  in  Murfreesboro',  Tennessee,  living  upon 
the  plantation  of  my  uncle.  My  second  son  was  horn  there  in  March,  1851.  I  was  in  New 
Orleans  in  1857;  my  daughter  was  born  there.  In  the  intervening  time  I  was  in  the  south 
irom  time  to  time.  I  was  for  a  time  a  New  York  correspondent  of  the  Washington  Union, 
while  A.  O.  P.  Nicholson  was  the  proprietor  of  it.  And  I  was  some  time  a  correspondent  of 
the  Nashville  Union. 

Question.  What  did  you  learn  while  in  Louisiana,  since  the  cessation  of  hostilities,  as  to 
the  temper  and  disposition  of  the  people  there  towards  the  government  and  authority  of  the 
United  States  ? 

Answer.  I  had  an  excellent  opportunity  of  associating  with  persons  there  who  had  known 
me,  and  who  had  affiliated  with  me  in  years  gone  by.  I  could  very  readily  understand  their 
feeling.  They  divided  the  people  from  the  north  into  two  classes:  The  first  class,  those 
who  had  not  been  in  the  army,  are  what  they  call  in  the  streets,  bar-rooms,  and  stores, 
" damned  Yankee  sons  ojf  bitches;"  the  other  class,  those  who  have  been  in  the  army,  are 
called  "damned  blue-bellied  Yankee  sons  of  bitches."  Those  two  classes  are  the  only 
classes  into  which  they  divide  the  people  of  the  north.  The  chief  of  the  detective  police 
force  in  the  city  of  New  Orleans  served  three  years  and  a  half  in  the  rebel  army.  The  mayor, 
recently  elected  in  New  Orleans,  was  confined  in  Fort  Jackson  for  some  time.  The  chief  of 
the  police  of  the  city  of  New  Orleans  was  a  sutler  in  some  regiment  from  some  western  State ; 
at  any  rate  he  is  a  worse  rebel  at  heart  thau  any  bom  at  the  south.  There  is  an  understand 
ing  with  the  chief  of  the  detectives  that  all  that  is  necessary  to  have  a  man  arrested  is  to  say, 
"  There's  a  blue-belly."  As  an  illustration  of  that,  I  will  state  that  about  half  past  11  o'clock 
one  night,  perhaps  a  little  earlier,  I  was  standing  on  the  street  talking  to  a  soldier.  This 
soldier  had  first  served  in  the  Ellsworth's  zouaves ;  he  had  then  gone  out  in  the  tenth  cavalry, 
and  had  been  discharged  at  San  Antonio,  Texas.  While  I  was  talking  with  him,  a  man 
came  up  to  me  and  said  :  "Can  I  see  you  a  moment?"  I  said,  "Certainly."  I  walked  as 
far  as  the  corner  of  the  street  with  him,  and  then  said  :  "What  do  you  want  of  me '/"  He 
said:  "I  want  you  to  walk  as  far  as  the  office  of  the  chief  of  police."  In  the  mean  time 
one  of  his  associates  in  the  detective  force  had  arrested  the  soldier  to  whom  I  had  been  speak 
ing,  and  whom  I  had  known  in  the  fire  department  of  the  city  of  New  York.  1  was  taken 
to  the  office  of  the  chief  of  the  police,  and  told  to  take  my  hat  off.  It  was  the  first  time  in 
my  life  that  I  was  under  arrest.  After  that  the  man  who  arrested  me  went  off,  and  was  gone 
for  about  a  half  an  hour,  so  that  all  the  detectives  could  come  in  and  see  the  "two  blue- 
bellies,"  as  one  of  the  detectives  said  the  next  day.  Mr.  Burke  came  in  and  asked  me  a 
number  of  questions.  I  had  no  commission  with  me;  but  I  had  understood  that  this  Burke 
was  a  Mason,  and  that  if  I  showed  him  this  paper,  (my  certificate  as  a  Mason, )  it  would  be 
a  sufficient  indorsement  of  me  to  him.  I  showed  it  to  him,  when  he  turned  to  Dalton,  the 
chief  detective,  said  something  to  him,  and  then  they  went  out.  Presently  Dalton  came 
back  into  the  room  again.  They  had  there,  in  a  frame  half  the  size  of  this  committee-room 
door,  the  likenesses  of  all  the  thieves  they  could  get.  The  detectives  were  all  standing 
around  me,  when  this  Dalton  took  a  light,  held  it  up  to  the  frame  of  pictures,  and  then  looked 
•at  me,  taking  two  or  three  minutes  at  a  time  just  to  annoy  me,  while  he  compared  my  lace 
with  each  of  the  pictures.  . I  said  to  him:  "You  will  find  no  picture  thereof  me."  He  kept 
me  there  over  an  hour,  I  should  think.  He  then  led  me  to  the  door,  and  said :  "  I  am  satis 
fied  about  you ;  but  I  thiuk  you  better  go  north ;  this  is  no  place  for  you."  The  soldier  Avho 
had  been  arrested  at  the  same  time  I  was,  was  detained.  The  next  morning  I  called  at  Gen 
eral  Sheridan's  headquarters,  having  with  me  my  commission  as  having  been  an  officer  in  the 
Union  army,  and  other  papers  to  establish  who  I  was.  ^  I  saw  Brevet  Brigadier  General 
Moore  there,  and  related  to  him  the  circumstances  I  have  just  stated  here.  In  the  course  of 
my  conversation  with  him,  I  said:  "There  is  an  effort  being  made  to  withdraw  our  soldiers 
from  the  southern  States.  I  am  satisfied  that  if  that  is  done,  the  life  of  no  Union  man, 
woman,  or  child  will  be  safe;"  and  that  is  my  opinion.  Those  fellows  will  stand  up  in  the 
bar-rooms  and  say  publicly:  "These  damned  Yankees  are  not  satisfied  with  murdering  our 
people  and  robbing  us  'of  almost  all  we  had;  now  they  are  coming  here  to  rob  us  of  what 
little  we  have  left.  Wait  till  the  soldiers  are  taken  away,  and  then  we  will  show  them  what 
we  will  do."  Let  me  illustrate  how  they  act  now,  in  comparison  with  what  they  did  before 
the  war  was  ended.  Captain  Montgomery,  who  was  on  General  Davidson's  staff,  was 
stationed  for  some  time  at  Vicksburg.  While  the  war  was  going  on  the  people  would  invite 
him  to  their  houses,  and  come  to  his  headquarters  and  ask  for  favors.  Since  the  war  is  over 
they  will  not  notice  him ;  and  things  are  generally  in  that  condition.  Colonel  Parkhurst, 
quite  a  distinguished  lawyer,  and  a  friend  of  General  Burnside,  was  taken  from  his  bed  about 
1  o'clock  at  night  by  this  man  Dalton,  in  New  Orleans,  and  carried  to  the  police  headquarters. 
He  had  employed  a  secesh  firm  to  attend  to  some  business  for  a  client  of  his  who  lived  iu 
Illinois,  knowing  that  he  would  not  succeed  if  he  presented  the  case  in  court  himself.  He 
was  arrested  upon  no  other  ground  than  that  he  had  charged  an  exorbitant  fee  to  this  client 
of  his  in  Illinois,  who  was  a  copperhead,  I  believe.  He  was  detained  in  custody  until  they 
had  telegraphed  to  the  man  in  Illinois  and  got  his  reply  that  he  was  perfectly  satisfied  with 


FLORIDA — LOUISIANA — TEXAS.  127 

what  Colonel  Parkhurst  had  done.  Instead  of  withdrawing  our  soldiers  from  New  Orleans, 
their  number  should  be  doubled  there  now.  It  has  got  to  be  so  that  if  a  man  does  not  wear 
pray  clothes  he  is  not  regarded  as  being  anybody.  It  is  taken  for  granted  that  a  man  is  a 
Yankee  if  he  does  not  wear  gray  clothes.  In  Texas,  as  far  out  as  San  Antonio,  the  lives  of 
officers  are  not  safe  at  night  if  they  go  about  without  protection.  It  is  all  very  well  for  dele 
gations  from  Louisiana  aiid  other  parts  of  the  rebel  States  to  wait  upon  the  President  and 
assure  him  of  the  loyalty  of  the  people  of  the  south.  It  is  no  such  thing.  I  know  there  is 
very  little  loyalty  there.  I  do  not  say  this  because  I  have  been  prejudiced  against  the  south. 
Every  association  of  my  life  has  been  in  the  south ;  I  have  lived  there  ;  my  father  and  all 
my  family  are  connected  with  the  south  ;  my  grandfather  migrated  from  Raleigh,  North  Caro 
lina,  in  company  with  Andrew  Jackson,  and  settled  at  Mill  Creek,  six  miles  from  Nashville, 
Tennessee.  All  my  prejudices  have  been  in  favor  of  the  south.  But  I  was  never  so  dis 
gusted  with  anything  as  I  was  with  the  southern  people  when  I  went  out  there  in  January 
last. 

Question.  Then  it  is  your  opinion  that  there  would  be  no  safety  for  Union  people  in 
Louisiana  if  the  United  States  troops  should  be  withdrawn  ? 

Answer.  That  is  my  opinion ;  and  I  was  talking  a  short  time  ago  with  a  gentleman  from 
Florida,  and  that  is  his  opinion  about  that  State. 

Question.  What  is  the  condition  of  the  colored  people  in  Louisiana,  so  far  as  you  know  ? 
Answer.  I  can  tell  you  what  sort  of  a  system  they  have  in  New  Orleans  :  They  have  a 
sort  of  men  there  called  agents,  who  get  from  the  planters  four  dollars  for  each  freedman 
they  get  to  work  for  him.  These  agents  have  a  set  of  people  like  what  we  call  emigrant- 
raniiers  in  the  north.  They  get  hold  of  a  negro  and  make  him  believe  that  they  will  get  him 
a  place  where  he  will  get  a  large  sum  of  money.  These  negroes  they  take  to  the  offices 
of  these  agents,  who  pay  them  two  dollars  a  head.  These  agents  tell  the  negro  he  will  get 
so  much  a  week,  and  get  him  to  sign  papers,  which  they  have  already  prepared,  and  then  he 
is  turned  over  to  these  planters.  After  the  planters  get  hold  of  him,  they  will  turn  around  and 
tell  those  in  the  office  what  they  will  do  with  him  when  they  get  him  out  on  their  plantation. 
So  far  as  the  negroes  themselves  are  concerned,  I  think  they  are  disposed  to  work,  if  they 
can  only  get  paid  for  the  work  they  do,  the  same  as  other  men.  But  in  New  Orleans  they 
will  not  hire  negroes  if  they  can  avoid  it. 

You  will  find  that  those  men  in  New  Orleans,  who  a  few  months  ago  had  made  up  their 
minds  to  seek  for  pardons,  do  not  think  it  worth  while  now  to  make  the  application. 
''There  is  a  doctor  on  Tchapitoulas  street  who  goes  away  beyond  the  twenty  thousand  dollar 
clause  ;  he  has  never  made  any  application  for  pardon,  and  does  not  ask  for  it ;  and  yet  he 
is  going  on  improving  his  property.  He  takes  it  for  granted  that  it  is  all  a  farce  to  get  a 
pardon,  and  will  not  make  any  application  for  it.  I  was  told  by  a  gentleman  who  was  his 
tenant  that  that  was  what  his  landlord  said. 

Question.  What  effect  dofyou  think  has  been  produced  upon  the  people  by  the  leniency  of 
the  general  government  towards  them? 

Answer.  It  has  had  a  tendency  to  make  them  ten  times  worse  secessionists  than  before — 
more  bitter.  It  has  had  a  tendency  to  lead  them  to  believe  that  everything  will  go  on  right 
for  them  ;  and  the  result  is  that  they  are  far  more  bitterly  opposed  to  the  north  than  they 
ever  were  before.  Take  up  any  of  the  New  Orleans  papers  and  you  will  see  as  a  recommen 
dation  by  those  who  advertise  the  statement  that  they  have  ' '  served  in  the  confederate 
army."  They  object  to  going  into  a  store  \yhere  there  is  a  Yankee.  Secesh  flags  are  ped 
dled  publicly  on  the  streets. 

The  leniency  that  has  been  shown  to  them  has  h,ad  a  tendency  to  imbitter  them  against 
any  effort  made  in  the  north  to  reconstruct  this  government.  I  should  like  very  much  to 
see  them  represented  in  this  Congress  ;  but  I  want  to  see  them  represented  by  Union  men. 

Question.  Suppose  the  people  there  were  left  entirely  free  to  choose  to  office  whom  they 
pleased,  would  they  elect  Union  men  to  office,  or  would  they  elect  men  who  were  rebels  in 
sympathies  and  feelings  ? 

Answer.  I  think  the  poorer  classes  of  the  people  are  Union  at  heart,  but  they  do  not  dare 
say  so,  because  they  fear  the  time  when  the  United  States  troops  will  be  withdrawn,  and 
they  be  left  without  protection.  You  know  how  little  a  poor  man  has  had  to  say  in  politi 
cal  affairs  in  the  south  heretofore  ;  it  is  all  very  well  for  an  officer  of  high  rank,  or  some  well- 
known  gentleman,  some  senator,  to  go  down  there  and  examine  whether  these  prominent  men 
there  are  loyal;  they  will  wait  upon  him  and  represent  themselves  all  to  be  thoroughly  loyal. 
But  if  the  government  wants  to  find  out  the  real  condition  of  affairs,  let  them  send  some  one 
down  there  who  has  the  nerve  and  the  address  to  go  directly  among  the  people  of  Texas, 
Louisiana,  Mississippi,  and  Alabama,  and  take  the  testimony  of  the  people ;  the  actual  people 
of  the  southern  country,  if  they  dared  speak,  could  tell  far  more  than  this  committee  is  likely 
to  reach. 

Question.  What  do  you  think  the  people  there  would  do  in  the  event  of  a  war  between  the 
United  States  and  a  foreign  power?  Would  they  stand  by  this  country  or  not  ? 

Answer.  I  think  the  poorer  people  would  fight  for  the  United  States  ;  they  would  ask  no 
better  foe  to  fight  against  than  France  or  England.  There  are  thousands  of  really  idle  peo 
ple  there  who  would  fight  for  the  government  as  soon  as  the  flag  was  raised,  and  are  still  as 


128  RECONSTRUCTION. 

bitter  as  gall  against  the  north.     They  say  they  were  overpowered  ;  not  subdued,  not  con 
quered,  but  overpowered  by  superior  numbers;  that  is  the  idea  of  the  rebel  officers. 

Question.  Do  these  people  seem  to  have  any  idea  that  at  any  future  time  the  work  of  se 
cession  can  be  accomplished  ? 

Answer.  They  do  not  look  for  that ;  they  look  to  again  gain  the  control  of  the  affairs  of 
the  national  government.  If  they  can  gain  the  representation  they  desire  in  Congress,  they 
think  that  with  the  aid  they  can  get  from  the  north,  they  can  pass  such  laws  as  they  please. 
They  seem  to  cherish  the  idea  that  one  day  the  west  will  unite  with  the  south.  I  was  talk 
ing  one  day  with  a  very  intelligent  man,  originally  from  Iowa  I  think,  and  who  owns  a 
large  plantation  in  Louisiana;  he  said  that  a  large  number  of  people  in  his  section  of  country 
entertained  the  idea  that  the  west  would  eventually  separate  from  the  east  and  join  the  south, 
and  then  they  would  manage  the  government  as  they  pleased. 

Question.  Did  you  hear  anything  said  as  to  what  sort  of  legislation  they  desired  ;  for  in 
stance,  in  regard  to  the  national  debt,  or  the  rebel  debt,  or  payment  for  their  slaves,  or  any 
thing  of  that  kind  ? 

Answer.  The  most  of  those  with  whom  I  conversed  seemed  to  desire  the  repudiation  of  the 
rebel  debt,  and  to  think  that  eventually  they  would  be  paid  for  their  slaves,  if  they  can  ar- 
lange  matters  in  Congress  as  they  hope  to  do.  So  far  as  I  have  had  an  opportunity  of  judg 
ing,  there  is  a  very  general  feeling  in  favor  of  the  repudiation  of  the  rebel  debt ;  but  with 
almost  the  same  breath  they  would  speak  about  being  compelled  to  pay. the  expenses  of  this 
war  without  being  represented  in  Congress ;  of  representation  being  denied  to  them  while  they 
were  subject  to  taxation. 

Question.  What  is  your  opinion  of  the  value  and  necessity  of  the  Freedmen's  Bureau,  or 
some  agency  of  that  kind,  in  the  southern  States,  to  regulate  matters  between  the  blacks  and 
whites? 

Answer.  I  think  if  the  Freedmen's  Bureau  was  localized  more  it  would  be  a  great  thing. 
It  is  an  immense  establishment  in  the  city  of  New  Orleans ;  but  there  are  places  on  the  Mis 
sissippi  where  branch  establishments  could  be  had,  and  where  I  think  they  are  necessary  and 
would  be  efficient.  The  Freedmen's  Bureau  is  like  a  great  many  other  things  connected 
with  this  government ;  the  law  itself  is  good,  but  those  who  have  the  management  and  direc 
tion  of  it  sometimes  make  it  inoperative,  so  that  it  does  not  carry  out  what  it  was  designed 
to  accomplish. 

Question.  What,  in  your  judgment,  is  necessary  to  be  done  by  the  general  government  in 
order  to  strengthen  and  develop  the  Union  sentiment  of  the  south,  and  to  build  up  a  Union 
party  there  ? 

Answer.  The  first  point  would  be  for  the  government  to  cleanse  itself  of  the  rebels  who  are 
holding  public  positions  there — to  remove  them.  I  have  it  from  good  authority,  that  in  the 
post  office  arid  custom-house  in  New  Orleans  rebels  flock  there — men  who  were  in  the,  rebel 
army ;  that  the  best  recommendation  to  those  who  control  those  offices  is  to  show  that  the 
applicant  for  a  place  under  them  has  been  a  rebel.  While  I  was  there  a  dentist,  Dr.  Eustis, 
known  as  a  thorough  Union  man,  was  nominated  for  the  place  of  surveyor  of  the  port  of 
New  Orleans.  The  very  next  day  after  it  was  known  that  he  was  nominated  and  would  be 
likely  to  be  appointed,  the  Chamber  of  Commerce,  composed  almost  entirely  of  men  of  seces 
sion  proclivities,  called  a  meeting  and  appointed  a  committee  of  seven  to  proceed  at  once  to 
Washington,  and  object  to  the  appointment  of  Dr.  Eustis.  The  committee  came  on  to 
Washington  and  succeeded,  for  some  one  else  was  appointed. 

Question.  You  say  the  first  thing  is  to  turn  the  rebels  out  of  office.  What  is  the  next 
thing  to  be  done  ? 

Answer.  To  appoint  Union  men  in  flieir  places,  and  retain  your  army  there ;  have  some 
military  force  in  every  place  where  the  rebel  feeling  shows  itself.     Let  me  illustrate  :  in  a 
theatre  in  Mobile,  between  the  first  and  second  acts,  the  orchestra  played  Yankee  Doodle; 
and  all  but  six  ladies  got  up  and  left  the  theatre.     The  next  day  the  general  in  command  of 
the  place  heard  of  the  affair,  and  that  night  between  the  first  and  second  acts  an  order  was 
read  to  the  effect  that  inasmuch  as  a  portion  of  the  audience  lei't  the  theatre  the  night  before 
because  the  orchestra  had  played  Yankee  Doodle,  thereafter  the  orchestra  should  play  the 
national  airs.     The  Union  officers  had  rallied  during  the  day,  and  had  gone  around  the  city, 
and  wherever  they  found  a  Union  lady,  invited  her  to  go  to  the  theatre.     After  the  order  was 
read  the  orchestra  struck  up  Hail  Columbia,  and  all  the  audience  rose  up.     I  would  have 
such  men  controlling  those  places,  and  let  the  people  understand  that  the  Union  was  to  be 
respected.     I  have  always  been  in  favor  of  my  country.     I  went  out  to  Mexico  with  the  first 
regiment  that  left  New  York,  and  when  this  war  broke  out  I  went  out  as  major  in  one  of  the 
first  regiments  that  left  New  York.     I  would  keep  the  soldiers  out  south  ;  and  not  only  that, 
I  would  strengthen  their  numbers  there,  and  keep  the  people  under  military  subjection  until 
they  can  treat  the  citizens  of  the  United  States  as  they  are  entitled  to  be  treated.     I  think  that 
keeping  colored  troops  out  there  has  a  tendency  to  inflame  the  feeling  of  bitterness  towards 
the  north.     But  I  would  double  the  number  of  white  soldiers  out  there,  in  every  place  where 
I  thought  there  was  a  secesh  element  of  any  strength,  and  I  would  rna"ke  it  an  offence  to 
wear  the  gray,  upon  which  these  rebels  pride  themselves  so  much. 

Question.  What  feeling  did  you  find  there  in  regard  to  extending  to  the  colored  people 
civil  and  political  rights  ? 


FLORIDA LOUISIANA—  TEXAS.  129 

Answer.  They  were  opposed  to  it  to  a  man  ;  I  did  not  bear  one  man  say  anything  in  favor 
of  it.  You  may  rest  assured  that  unless  you  protect  men  at  the  polls,  Union  men  cannot 
votesafrly.  They  dread  the  withdrawal  of  the  United  States  soldiers  from  the  south  too 
much  to  vote  openly  in  accordance  with  their  Union  sentiments. 


YV  \SIIIXCJTON,  March  28, 
Caleb  (1.  Forshey  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  Where  do  you  reside  ? 

Answer.  I  reside  in  the  State  of  Texas. 
.  Question.  How  long  have  you  been  a  resident  of  Texas  ? 

Answer.  I  have  resided  in  Texas  and  been  a  citizen  of  that  State  for  nearly  thirteen  years. 

Question.  What  opportunities  have  you  had  for  ascertaining  the  temper  and  disposition 
of  tne  people  of  Texas  towards  the  government  and  authority  of  the  United  States? 

Answer.  For  ten  years  I  have  been  superintendent  of  the  T-exas  Military  Institute,  as  its 
founder  and  conductor.  I  have  been  in  the  confederate  service  in  various  parts  of  the  con 
federacy;  but  chiefly  in  the  trans-Mississippi  department,  in  Louisiana  and  Texas,  as  an  officer 
of  engineers.  I  have  had  occasion  to  see  and  know  very  extensively  the  condition  of  affairs 
in  Texas,  and  also  to  a  considerable  extent  in  Louisiana.  I  think  I  am  pretty  well-informed, 
as  well  as  anybody,  perhaps,  of  the  present  state  of  affairs  in  Texas. 

Question.  What  are  the  feelings  and  views  of  the  people  of  Texas  as  to  the  late  rebellion, 
and  the  future  condition  and  circumstances  of  the  State,  and  its  relations  to  the  federal  gov 
ernment  ? 

Answer.  After  our  army  had  given  up  its  arms  and  gone  home,  the  surrender  of  all  matters 
in  controversy  was  complete,  and  as  nearly  universal,  perhaps,  as  anything  could  be.  As 
suming  the  matters  in  controversy  to  have  been  the  right  to  secede,  and  the  right  to  hold 
slaves,  I  think  they  were  given  up  teetotally,  to  use  "a  strong  Americanism.  When  you 
speak  of  feeling,  I  should  discriminate  a  little.  The  feeling  was  that  of  any  party  who  had 
been  cast  in  a  suit  he  had  staked  all  upon.  They  did  not  return  from  feeling,  but  from  a 
sense  of  necessity,  and  from  a  judgment  that  it  was  the  only  and  necessary  thing  to  be  done, 
to  give  up  the  contest.  But  when  they  gave  it  up,  it  was  without  reservation  ;  with  a  view 
to  look  forward,  and  not  back.  That  is  my  impression  of  the  manner  in  which  the  thing  was 
done.  There  was  a  public  expectation  that  in  some  veiy  limited  time  there  would  be  a  re 
storation  to  former  relations ;  and  in  such  restoration  they  felt  great  interest,  after  the  con 
test  was  given  up.  The  expectation  was,  and  has  been  up  to  the  present  time,  that  there 
would  be  a  speedy  and  immediate  restoration.  It  was  the  expectation  of  the  people  that,  as 
soon  as  the  State  was  organized  as  proposed  by  the  President,  they  would  be  restored  to 
their  former  relations,  and  things  would  go1  on  as  before,  with  these  two  main  issues  given 
up  wholly ;  that,  with  that  as  the  result,^there  would  be  harmony,  and  that  without  it  there 
would  probably  not  be.  I  think  there  would  be  considerable  revulsion  of  feeling  if  that  is 
not  so,  as  the  expectation  has  been  almost  universal  that  that  would  be  the  result  of  reorgan 
ization.  It  is  perhaps  proper  that  I  should  say,  in  that  connexion,  that  a  considerable  ap 
prehension  has  been  felt  lately.  Texas  being  later  in  her  icorganization  than  the  other 
States,  and  having  had  an  opportunity  to  witness  the  result  in  the  case  of  the  other  States, 
considerable  apprehension  and  some  revulsion  of  feeling  have  already  occurred  ;  that  is,  a 
little  terror  lest  such  should  not  be  the  result  of  reorganization.  My  impression  is,  that  the  feel 
ing,  so  far  as  feeling  is  concerned,  is  not  as  good  as  it  was  three  or  four  months  ago.  I  want 
to  distinguish  between  feeling  and  judgment ;  for  good  feeling  was  returning  as  fast  as  hu 
man  nature  would  admit. 

Question.  What  proportion  of  the  people  of  Texas,  so  far  as  your  judgment  extends,  were 
loyal  to  the  government  during  the  rebellion? 

Answer.  Scarcely  enough  to  be  called  a  portion  ;  so  much  so  that  we  cannot  get  postmas 
ters  anywhere  in  the  State,  except  in  the  regions  where  the  (lerman  population  prevails. 
The  Germans,  not  knowing  the  English  language  very  well,  and  not  knowing  much  of  the 
nature  of  the  contest,  were  opposed  to  the  war;  some  of  them  were  really  opposed  to  our 
movement.  In  other  portions  of  the  State  it  has  been  extremely  difficult  to  fill  the  post  oih'ces, 
and  only  women  and  children  could  be  found  to  perform  the  functions,  and  very  rarely 
the  women. 

Question.  What  proportion  of  the  members  of  the  convention  lately  met  in  Texas  to  form 
a  new  constitution  were  loyal  men  duri  >g  the  war  ? 

Answer.  I  cannot  tell.  There  are  several  who  left  the  State  during  the  war,  who  are 
now  members  of  the  convention.  There  are  Judge  Hancock,  Mr.  Norton,  brother  to  Senator 
Norton,  and  several  other  gentlemen,  who  may  bo  regarded  as  loyal  men  ;  but  hardly  of  the 
extreme  loyalty  that  the  test-oath  embraces.  Men  who  remained  in  the  State  had  to  do 
more  or  less  for  the  rebellion,  although  opposed  to  the  movement.  A  very  small  poition  of 
the  population  anywhere,  very  small,  were  opposed  to  it  after  secession  had  occurred.  That 

9    F    L    T 


130  RECONSTRUCTION. 

was  so  much  the  case,  that  in  my  movements,  which  were  pretty  extensive,  (but  not  on  the 
remote  frontiers,  where  it  was  claimed  there  was  considerable  opposition  to  us, )  I  met  none. 
I  have  not  seen  the  list  of  all  the  members  of  the  convention  so  as  to  study  it.  But  the 
president  of  the  convention,  General  Throckmorton,  was  opposed  to  secession,  and  very 
warmly.  He  opposed  it  and  voted  against  it  in  the  convention  of  .secession.  But  he  after 
wards  entered  the  confederate  service  and  rose  to  the  rank  of  brigadier  general,  lie  was 
always  considered  a  Union  man,  and  is  one. 

Question.  Is  there  or  not,  among  the  people  of  Texas  who  have  been  in  the  rebellion,-  a 
feeling  of  hatred  towards  the  people  of  the  north  who  were  engaged  in  the  suppression  of 
the  rebellion  ? 

Answer.  There  is  some  "antagonism  towards  the  government  movements;  towards  the  men 
engaged  in  the  war  perhaps  less,  for  we  rather  think  those  we  fought  with  clever  fellows. 
There  is  considerable  feeling  yet  existing  which  was  engendered  by  four  or  live  years' 
struggle ;  quieting  itself  perhaps  as  fast  as  human  nature  could  be  expected,  as  I  have  re 
marked  once  before.  But  that  it  existed  and  was  very  bitter  cannot  for  a  moment  be 
doubted.  On  the  contrary,  the  enmity  became  very  strong,  and  was  nearly  universal  with 
all  our  southern  people.  If  your  question  is  asked  with  the  view  of  ascertaining  the  present 
feeling  in  regard  to  persons  coming  into  Texas  to  reside,  I  would  say  that  this  feeling  of 
enmity  has  scarcely  an  existence  towards  persons  who  come  to  pursue  their  own  business. 
There  are  thousands  of  such  persons  all  over  our  State,  persons  who  have  migrated  there  • 
from  the  north.  They  did  so  immediately  after  our  surrender,  without  waiting  for  anything. 
Business  men  were  all  over  the  State  bringing  in  goods  and  buying  up  cotton.  There  has 
been  no  collision  with  them.  It  was  understood  as  one  part  of  the  result  that  everybody 
would  attend  to  his  own  business  in  the  future;  and  the  future  only  was  looked  to.  But 
when  men  have  come  with  a  censorious  disposition,  and  have  undertaken  to  reflect  upon 
the  past,  their  positions  have  been  made  very  uncomfortable,  by  refusal  to  trade  with  them, 
and  sometimes  some  bickerings  and  jawings  ;  though  our  people  have  not  used  any  violence 
even  when  they  felt  like  it,  because  it  was  understood  that  would  be  regarded  as  an  evidence 
of  disloyalty  to  the  pledge  they  had  made.  The  whole  people  understood  they  had  made  a 
pledge  to  lay  down  their  arms  and  give  the  thing  up  ;  and  they  have  been  very  cautious  not 
to  do  anything  which  would  seem  to  compromise  them  iu  that  respect.  Within  my  entire 
knowledge  there  has  not  been  any  resistance  to  federal  authority  in  the  State  of  Texas,  ex 
cept  where  individuals  have  got  drunk  and  committed  violence.  I  have  sometimes  seen 
federal  authority  exercised  when  it  was  thought  to  be  very  harsh;  but  there  has  not  been 
any  resistance. 

Question.  Is  it  within  your  knowledge  that  men,  black  and  white,  who  were  supposed  to 
be  friendly  to  the  government  have  been  maltreated  or  murdered  in  the  State  of  Texas  oil 
account  of  their  views  and  opinions  ? 

Answer.  Not  a  single  case  of  that  kind  has  come  under  my  personal  observation. 

Question.  Is  it  within  your  knowledge  that  men  in  the  State  of  Texas  have  been  abused 
or  mistreated  in  any  way  for  raising  the  United  States  Hag  or  exhibiting  their  attachment  to 
it? 

Answer.  Nothing  of  the  kind.  I  heard  that  at  Fredericksburg,  where  the  Germans  raised 
the  flag  immediately,  and  before  they  had  fairly  heard  of  the  surrender,  some  persons  made 
some  trouble;  but  that  was  in  a  remote  place.  But  I  have  heard  of  no  such  trouble  in  any 
other  place.  I  must  mention  one  circumstance :  A  late  confederate  colonel  was  going  along 
intoxicated,  with  a  companion.  They  rode  along  under  a  flag  at  a  military  post,  and  the 
drunken  man,  who  was  very  drunk,  tore  it.  There  was  an  attempt  made  to  arrest  him,  and 
his  friend  said :  "He  is  drunk;  I  will  answer  for  it  all;  it  was  a  drunken  frolic."  Tho 
friend  was  arrested  and  tried,  though  the  trouble  never  extended  to  the  second  individual. 
The  friend  contended  that  his  object  was  to  screen  the  drunken  man,  and  he  responded  for 
him,  though  he  did  not  mean  that  he  would  take  tin:  responsibility  of  tearing  the  flag.  Ho 
was  tried  for  that,  and  was  in  prison  when  I  came  away;  I  do  not  know  the  result. 

Question.  What  is  your  opinion  of  a  military  force  under  the  authority  of  the  federal  gov 
ernment  to  preserve  order  iu  Texas  and  to  protect  those  who  have  been  loyal,  both  white  and 
black,  from  the  aggressions  of  those  who  have  been  in  the  rebellion  ? 

Answer.  My  judgment  is  well  founded  on  that  subject;  that  wherever  such  military  force 
is  and  has  been,  it  has  excited  the  very  feeling  it  was  intended  to  prevent ;  that  so  far  from 
being  necessary  it  is  very  pernicious  everywhere,  and  without  exception.  The  local  authori 
ties  and  public  sentiment  are  ample  for  protection.  I  think  no  occasion  would  occur,  unless 
some  individual  case  that  our  laws  would  not  reach.  We  liad  an  opportunity  to  test  this  attor 
the  surrender  and  before  any  authority  was  there.  The  military  authorities,  or  the  military 
oflicers,  declared  that  we  were  without  laws,  and  it  was  a  long  time  beiuie  the  governor  ap 
pointed  arrived  there,  and  then  it  was  some  time  before  we  could  effect  anything  in  the  way 
of  organization.  We  were  u  people  without  law,  order,  or  anything;  and  it  was  a  time  lor 
violence  if  it  would  occur.  1  think  it  is  a  great  credit  to  our  civilisation  that,  iu  that  state 
of  affairs,  there  was  nowhere  any  instance  of  violence.  I  am  proud  of  it,  for  1  expected  the 
contrary  ;  I  expected  that  our  soldiers  on  coming  home,  many  of  them,  would  be  dissolute, 
and  that  many  of  them  would  oppress  the  class  of  men  you  speak  of;  but  it  did  not  occur. 


FLORIDA  -  LOUISIANA  —  TEXAS.  131 

Hut  afterwards,  wherever  soldiers  have  been  sent,  there  have  been  little  troubles,  none  ••>: 
them  large;  but  personal  collisions  between  soldiers  and  citi/ens. 

Question.  What  is  your  opinion  as  to  the  necessity  and  advantages  of  the  Freedmeii's 
Bureau,  or  an  agency  of  that  kind,  in  Texas  ! 

Answer  My  opinion  is  that  it  is  not  needed  ;  my  opinion  is  stronger  than  that  —  that  the 
effect  of  it  is  to  irritate,  if  nothing  else.  While  in  New  York  city  recently  I  Imd  a  conversa 
tion  witli  SOUK;  friends  from  Texas,  from  five  distant  points  in  the  State.  We  met  together 
and  compared  opinions;  and  the  opinion  of  each  was  the  same,  that  the  negroes  had  gener 
ally  gone  to  work  since  January;  that  except  where  the  Freedmeu's  Bureau  had  interfered, 
or  rather  encouraged  troubles,  such  as  little  complaints,  especially  between  negro  and  negro, 
the  negro's  disposition  was  very  good,  and  they  had  generally  gone  to  work,  a  vast  majority 
of  them  with  their  former  masters.  I  was  very  gratified  to  learn  that  from  districts  where 
I  feared  the  contrary.  Still  this  difference  was  made,  particularly  by  Mr.  Carpenter,  from 
Jefferson,  the  editor  of  the  JefYerson  Herald.  He  said  that  in  two  or  three  counties  where 
they  had  not  been  able  to  organize  the  Froedmen's  Bureau,  there  had  been  no  trouble  at  all  ; 
nearly  all  the  negroes  had  gone  to  work.  The  impression  in  Texas  at  present  is  that  the 
negroes  under  the  influence  of  the  Freedmen's  Bureau  do  worse  than  without  it. 

I  want  to  state  that  I  believe  all  our  former  owners  of  negroes  are  the  friends  of  the 


and  that  the  antagonism  paraded  in  the  papers  of  the  north  does  not  exist  at  all.  I  know  the 
fact  is  the  very  converse  of  that;  and  good  feeling  always  prevails  between  the  masters  and 
the  slaves.  But  the  negroes  went  off  and  left  them  in  the  lurch  ;  my  own  family  was  an  in 
stance  of  it.  But  they  came  back  after  a  time,  saying  they  had  been  free  enough  and  wanted 
a  home. 

Question.  Do  you  think  those  who  employ  the  negroes  there  are  willing  to  make  contracts 
with  them,  so  that  they  shall  have  fair  wages  for  their  labor? 

Answer.  I  think  so  ;  I  think  they  are  paid  liberally,  more  than  the  white  men  in  this 
country  get  ;  the  average  compensation  to  negroes  there  is  greater  than  the  average  compen 
sation  of  free  laboring  white  men  in  this  country.  It  seems  to  have  regulated  itself  in  a 
great  measure  by  what  each  neighborhood  was  doing  ;  the  negroes  saying,  "I  can  get  thus 
and  so  at  such  a  place."  Men  have  hired  from  eight  to  fifteen  dollars  per  month  during  the 
year,  and  women  at  about  two  dollars  less  a  month  ;  house-servants  at  a  great  deal  more. 

Question.  Do  the  men  who  employ  the  negroes  claim  to  exercise  the  right  to  enforce  their 
contract  by  physical  force? 

Answer  Not  at  all  ;  that  is  totally  abandoned  ;  not  a  single  instance  of  it  has  occurred. 
I  think  they  still  chastise  children,  though.  The  negro  parents  often  neglect  that,  and  the 
children  are  still  switched  as  we  switch  our  own'  children.  I  know  it  is  done  in  my  own 
house;  we  have  little  house-servants  that  we  switch  just  as  I  do  our  own  little  fellows. 

Question.  What  is  your  opinion  as  to  the  respective  advantages  to  the  white  and  black 
races,  of  the  present  tree  system  of  labor  and  the  institution  of  slavery  ? 

Answer.  I  think  freedom  is  very  unfortunate  for  the  negro  ;  I  think  it  is  sad;  his  present 
helpless  condition  touches  my  heart  more  than  anything  else  I  ever  contemplated,  and  I 
think  that  is  the  common  sentiment  of  our  slaveholders.  I  have  seen  it  on  the  largest  plan 
tations,  where  the  negro  men  had  all  left,  and  where  only  women  and  children  remained, 
and  the  owners  had  to  keep  them  and  feed  them.  The  beginning  certainly  presents  a  touch 
ing  and  sad  spectacle.  The  poor  negro  is  dying  at  a  rate  fearful  to  relate. 

I  have  sumo  ethnological  theories  that  may  perhaps  warp  my  judgment;  but  my 
judgment  is  that  the  highest  condition  the  black  race  has  ever  reached  or  can  reach, 
is  one  where  he  is  provided  for  by  a  master  race.  That  is  the  result  of  a  great  deal 
of  scientific  investigation  and  observation  of  the  negro  character  by  me  ever  since  I 
a  man.  The  labor  question  had  become  a  most  momentous  one,  and  I  was  study 
ing  it.  I  undertook  to  investigate  the  condition  of  the  negro  from  statistics  under  various 
circumstances,  to  treat  it  purely  as  a  matter  of  statistics  from  the  census  tables  of  this 
country  of  ours.  I  found  that  the  free  blacks  of  the  north  decreased  8  per  cent.;  the  free 
blacks  of  the  south  increased  7  or  8  per  cent.,  while  the  slaves  by  their  sides  increased  34 
per  cent  1  inferred  from  the  doctrines  of  political  economy  that  the  race  is  in  the  best  con- 
Uirion  when  it  procreates  the  fastest;  that,  other  things  being  equal,  slavery  is  of  vast  advan 
tage  to  the  negro.  1  will  mention  one  or  two  things  in  connexion  with  this  as  explanatory 
of  that  result.  The  negro  will  not  take  care  of  his  offspring  unless  required  to  do  it,  as  com 
pared  with  the  whites.  The  little  children  will  die;  they  do  die,  and  hence  the  necessity  of 
very  rigorous  regulations  on  our  plantations  which  we  have  adopted  in  our  nursery  system. 

Another  cause  is  that  there  is  no  continence  among  the  negroes.  All  the  continence  I  have 
•  •en  among  the  negroes  has  been  enforced  upon  plantations,  where  it  is  generally  as 
sumed  there  is  none.  For  the  sake  of  procreation,  if  nothing  else,  Are  compel  men  to  live 
with  their  wives.  The  discipline  of  the  plantation  was  more  rigorous,  perhaps,  in  regard  to 
men  staying  with  their  wives,  than  in  regard  to  anything  else  ;  and  I  think  the  procreative 
results,  as  shown  by  the  census  tables,  is  due  in  a  great  measure  to  that  discipline. 

I  think  they  are  very  much  better  off  in  having  homes  than  the  free  blacks  are.  The  free 
blacks  in  Louisiana,  where  we  had  34,000,  with  a  great  deal  of  blood  of  the  whites  in  them, 
and  therefore  a  great  deal  of  white  sense,  were  nothing  like  so  happy  and  so  well  off  as  our 
slaves  are.  My  observation  for  many  years  leads  me  to  this  conclusion.. 


132  RECONSTRUCTION. 

Question.  What  is  the  prevailing  inclination  among  the  people  of  Texas  in  regard  to  giving 
the  negroes  civil  or  political  rights  ami  privileges  ? 

\nswer.  I  think  they  arc  all  opposed  to  it.     There  are  sonic  mm— I  am  not  among  thern- 
who  think  that  the  basis  of  intelligence  might  be  a  good  bww for  the elccttve franchise. 
a  much  larger  class,  perhaps  nine-tenths  of  our  people,  believe  that  the  distinctions  beta  en 
the  races  should  not  be  broken  down  by  any  such  community  of  interests  in  the  management 
of  the  affairs  of  the  State.     I  think  there  is  a  very  common  sentiment  that  the  negro,  c-i 
with  education,  has  not  a  mind  capable  of  appreciating  the  political  institutions  of  the  country 
to  such  an  extent  as  would  make  him  a  good  associate  for  the  white  man  m  the  administra 
tion  of  the  Government.     I  think  if  the  vote  was  taken  on  the  question  of  admitting  him  to 
the  right  of  suffrage  there  would  be  a  very  small  vote  in  favor  of  it— scarcely  respectabl 

tbQ«g1So^IlKdTil  rights  are  the  people  of  Texas  disposed  to  give  to  the  negro  such  as 
the  right  to  testify  as  a  witness,  to  hold  and  sell  real  estate  and  property  of  any  *b*\ 

Answer.  Theyhave  no  objection  to  giving  them  all  thpse  rights.  Ihe  elective  franchise  ib 
the  point  of  difference,  and  there  is  im  other.  I  think  they  would  be  disposed  to  allow  him 
to  bear  testimony  in  any  case  ;  not  that  they  believe  he  is  a  good  witness,  for  he  is  not  a  re 
liable  witness  ;  but  they  would  be  willing  to  let  his  testimony  go  for  what  it  was  worth.  It 
has  been  so  in  Louisiana,  where  we  have  seen  its  influence,  and  it  has  not  been  veiy  per m- 
cious.  All  rights  in  respect  to  contracts,  to  giving  full  force  and  efficiency  to  them,  wou.d 
be  granted  to  negroes  as  to  white  persons.  To  that  1  have  seen  no  objection. 

Question.  The  right  to  sue  in  court  ? 

Question .^DkUhe  negroes  generally  sympathize  with  the  Union  cause  during  the  rebellion  ? 

Answer.  None  of  them.     There  has  been  this :  a  disposition  on  their  part  to  try  something 
new—to  be  free  ;  and  when  they  came  within  reach  of  the  federal  army  a  great  many  of  them 
ran  away  to  it.     But  there  was  no  resistance  to  discipline  and  authority  at  home.     1 hai 
so  much  the  case  that  a  single  woman  on  a  plantation  with  a  hundred  slaves 
place  as  before  and  without  trouble. 


WASHINGTON,  March  2.S,  l~t'»t>. 
James  D.  B.  De  Bow  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  State  if  you  have  been,  at  any  time  since  the  cessation  of  hostilities,  in  the  State 
of  Louisiana  and  if  w,  how  long,  and  what  opportunities  you  have  had  to  ascertain  tho 
temper  and  disposition  of  the  people  towards  the  general  government. 

Answer    I  spent  five  or  six  weeks  of  the  present  year  in  Louisiana,  and  was  m  intimat 
assoctS  whPh  I  citizens  there  of  all  clasle,  .1  am  a  resident  of  that  State    and  o   , 
largely  acquainted,  and  having  been  absent  during  the  war,  a  ter  the  suiicnder 
I  met  a  grit  many  of  the  people  on  my  return.     I  have  also  just  returned  from  a  ger 

t0Q\iest!on.Swtt  a^e  the  views  and  feelings  of  the  people  there  as  to  the  late  war  and  it., 
results,  and  as  to  the  future  condition  of  that  State  in  its  relations  to  the  <ederal  gove  ni ne. 

Answer.  There  seems  to  be  a  general-you  may  say  universal-acquiesc enc e  in      e      - 
suits.     There  is  a  great  deal  of  dissatisfaction  as  to  the  course  in* reference  to  th 
pursued  by  the  federal  government.     I  think  the  people  having  fairly  tried  the  expedient 
Sf  secession  are  perfectly  satisfied  with  the  result,  and  that   there  is  no  Disposition  in  any 
quarter,  in  any  shape  or  form,  to  embarrass  the  Un.ted  States  government,  or  to 
from  the  most  complete  performance  of  all  the  duties  of  citizenship      I  saw  nothing  ot  that 
sort.     All  parties,  those  who  were  opposed  to  the  war  and  those  who  were  in  lavoi    of  the 
war   are  now  agreed  that  it  is  for  the  best  interest  of  the  State  to  perform  all  the  dutio 
citizenship,  and  to  accept  whatever  the  government  has  effected  in  reference  to  the  negio,  a* 

"^™^^^^*  of  dissatisfaction  among  the  people  as  to  the  ac- 

""S^.^lK^B^  is  very  largely  complained  of  and  the  delay  in  ad- 
mi.ting  their  representatives.     They  confidently  expected  a  very  early  restor.itum  o t  t 
civil  condition  and  political  nghts  from  the  promises  which  were  made.     I  think 
of  hostility  has  grown  up  .since  the  surrender.     I  think  at  the  period  of  the  ^^Jjj 
feeling  wfis  very  much  more  kindly,  and   the  attitude  and  condition  of  the  com    y ^      o 
favonSble  than  it  is  now.     Thi,  constant  irritation  has  pro-luced  the  leenng.  »ot  Mr i.k 

it  is  very  serious,  but  still  it  exists;  it  would  be  dissipated  immediate  y  on  £»  P"  ?*\£ 
liberal  measures/such  as,  for  instance,  an  order  restoring  the  .States  to  their  status 
Constitution,  restoring  their  political  rights,  tho  removal  of  the  Ireedmcn  s 
such  regulation  which  would  be  fair  to  both  parties. 


FLORIDA LOUISIANA TEXAS.  133 

f 

Question.  What  do  they  say  llit'iv  us  to  the  necessity  or  advantage  of  retaining1  a  military 
force  in  the  State? 

Answer.  There  is  no  one  who  thinks  any  such  force  necessary.  I  believe  the  condition 
of  the  State  is  such  that  the  people  would  preserve  all  the  order  necessary.  There  is  a 
general  indisposition  to  have  any  military  force  there. 

Question.  Is  there  or  not  a  bitter  feeling  between  those  who  supported  the  rebellion  and 
those  who  supported  the  general  government  during  the  war  in  Louisiana  ! 

Answer.  1  think  those  parties  who  have  remained  in  the  State  and  who  were  assuming 
they  were  good  Union  men  during  the  war,  perhaps  making  more  claims  in  that  regard  than 
they  are  entitled  to,  are  received  with  hostility.  I  think  those  who  went  away  honestly  tor 
those  reasons,  and  have  returned,  are  respected,  and  receive  very  much  consideration.  I 
know  of  many  cases  of  this  kind,  of  men  who  went  away,  did  not  take  any  part  in  the  war, 
and  have  since  returned.  But  there  is  a  feeling  in  my  State  against  those  who  remained 
there  during  the  war  and  profess  now  that  they  were  Union  men  all  the  time,  but  that  their 
rights  were  taken  away.  There  is  a  feeling  against  them,  though  not  of  any  such  hostile 
•Character  as  to  endanger  their  personal  safety  or  condition  in  any  way. 

Question.  Are  there  any  considerable  number  of  the  citizens  of  Louisiana  who  went  into 
the  Union  army  and  fought  against  the  rebellion  ? 

Answer.  I  do  not  think  there  are.  There  were  some  few  from  New  Orleans  who  have 
returned  since.  I  do  not  think  there  were  many  outside  New  Orleans  from  the  State.  There 
were  some  few  companies  of  whites  raised  in  New  Orleans  by  the  federal  authorities.  I  do 
not  think  they  got  many  from  the  city,  and  those  wore  generally  not  citizens  of  the  State, 
but  persons  who  were  temporarily  residing  there.  I  do  not  think  many  Creoles  went  in. 
The  population  of  French  descent  were  generally  almost  entirely  on  the  confederate  side. 

Question.  Do  you  think  those  who  have  been,  or  profess  to  have  been,  Union  men  in 
Louisiana  would  be  perfectly  safe  there  with  the  military  protection  of  the  government  with 
drawn  ? 

Answer.  Perfectly  safe.  I  have  no  idea  anybody  would  be  disturbed  at  all.  There  might 
be  some  little  uukindness  of  look  or  expression  towards  them.  They  would  not  be  received, 
of  course,  on  the  same  terms  with  those  who  have  been  in  sympathy  with  the  great  body  of 
the  people  there.  They  would  respect  those  who  were  with  them  much  more  than  they 
would  that  class  of  persons ;  but  there  would  be  no  physical  hostility,  or  any  attempt  to  in 
terfere  with  their  rights — none  whatever. 

Question.  Do  not  those  who  were  in  the  rebel  army,  or  supported  the  rebel  cause,  make 
distinctions  in  social  intercourse  and  business  transactions  between  those  who  co-operated 
with  them  and  those  who  favored  the  cause  of  the  Union,  as  well  as  men  who  came  there 
from  the  north? 

Answer.  The  '"secession  men,  the  men  who  were  in  the  war,  are  generally  ruined,  their 
families  are  destitute,  and  there  is  a  great  disposition  to  sustain  them,  if  they  undertake  any 
business  at  all.  I  think  a  great  deal  grows  out  of  that,  and  a  great  deal  grows,  of  course, 
out  of  actual  sympathy  with  these  men.  Although,  on  the  other  hand,  I  can  point  in  New 
Orleans  to  men  who  were  not  in  sympathy  with  the  south  during  the  war,  but  the  very  oppo 
site,  who  are  doing  a  large  and  successful  business.  I  could  give  you  a  house,  of  my  own 
name,  though  in  no  way  related  to  me,  unless  very  remotely — a  Mr.  Samuel  De  Bow,  who 
came  there  during  the  war  from  Illinois,  or  somewhere  in  the  northwest — who  has,  perhaps, 
the  largest  wholesale  grocery  in  the  city.  I  do  not  think  the  discrimination  made  is  any 
thing  more  than  a  social  discrimination.  I  think  that  is  well  marked  at  present.  There  is  a 
disposition  on  the  part  of  those  who  have  been  with  the  south  during  the  war  not  to  mix  a 
great  deal  with  those  who  have  remained  in  the  south  (as  they  say)  as  Union  men ;  and  the 
i'eeling  extends,  more  or  less,  to  northern  men,  though  very  little  towards  the  great  majority 
of  northern  people.  Some  who  come  there  a  little  disposed  to  talk,  &c.,  receive  the  cold 
shoulder  ;  that  is  about  all.  I  have  known  of  balls  and  parties,  where  there  was  a  mixture 
of  all  classes,  and  where  certain  ladies  would  say  they  would  not  associate  with  federal 
officers  ;  but  the  party  would  go  on  all  the  same,  all  in  the  same  room.  That  feeling  is  now 
stronger  than  it  was.  It  is  the  result  of  political  causes.  I  think  it  will  wear  away. 

Question.  Suppose  a  foreign  war  should  occur,  do  you  think  those  men  who  fought  against 
the  federal  government  would  right  for  the  flag  in  such  a  war,  if  required  to  do  so? 

Answer.  I  think  there  are  a  great  many  young  men  who  might  be  tempted  to  tight  against 
the  iiag,  but  take  the  country  over,  a  vast  majority  of  the  people  are  sick  of  war,  and  1  think 
they  would  sustain  the  United  States  beyond  a  doubt.  I  have  not  heard  any  young  men 
say  they  would  take  a  different  course,  though  I  have  often  heard  the  question  asked ;  but  it 
would  not  be  strange  if  a  very  few  might  be  found  to  tight  against  the  flag;  most  would  be 
restrained,  if  from  no  other  cause,  by  the  conviction  of  the  almost  omnipotence  of  the  United 
States  government.  They  would  think  that  if  under  all  the  favorable  circumstances  attend 
ing  the  south  in  the  late  war,  they  faded,  it  would  be  utterly  hopeless  for  them  to  go  into  a 
war,  even  with  foreign  assistance,  v»ith  the  slightest  possible  chance  of  success.  Besides, 
the  course  pursued  by  foreign  powers  in  reference  to  our  affairs  has  produced  as  intense  hos 
tility  towards  them  as  existed  towards  the  federal  government.  They  are  hatc-d  and  distrusted. 
No  one  could  be  deceived  by  them.  The  southern  people  are  Americans,  republicans;  they 
abhor  monarchy. 


134  RECONSTRUCTION. 

Question.  Do  the  people  there  feel  as  though  they  ought  to  have  any  pay  for  their  I 
who  have  been  emancipated  during  the  war? 

Answer.  I  have  spoken  of  that  at  various  places  whom  I  Lave  been,  as  a  measure  the 
United  States  might  eventually  take  up,  but  I  found  among  the  people  of  the  south  them 
selves  a  very  great  difference  of  opinion  on  the  subject.  They  said  that  would  be  making 
an  unfair  discrimination.  "Why  pay  for  slaves,  and  not  pay  for  the  property  of  the  man 
who  had  no  slaves  destroyed  by  the  war?  Why  will  you  pay  the  planter  and  nobody  else, 
lor  his  losses?"  I  think  feeling  would  neutralize  any  such  idea  of  paying  for  slaves,  even 
if  there  were  such  expectation,  which  I  do  not  think  there  is.  The  tvvo  influences  would 
oppose  each  other — one  looking  for  pay  for  the  slaves  emancipated,  and  the  other  for  property 
destroyed  by  the  war.  Both  combined,  I  think,  would  defeat  such  purpose,  especially  taking 
into  consideration  that  those  who  were  slaveholders  constitute  but  a  small  minority  of  the 
people  of  the  south. 

Question.  Would  the  people  there,  in  political  matters,  in  elections  that  might  take  place, 
probably  choose  men  who  had  been  distinguished  for  their  services  in  the  rebellion,  or  would 
they  be  more  likely  to  prefer  men  who  had  been  attached  to  the  Union  cause  during  the  war  ? 

Answer.  The  choice  is  so  meagre,  there  are  so  few  men  from  whom  the  choice  could  be 
made  on  the  Union  side,  the  proportion  of  men  of  talent  and  worth  who  have  been  on  the 
other  side  is  so  overwhelmingly  large,  that  they  would  of  necessity  take  men  from  that  side. 
And  I  have  no  doubt  that,  other  things  being  equal,  they  would  prefer  men,  perhaps,  who 
have  been  very  decided  on  that  side.  There  are  exceptions  to  the  rule,  however.  I  have 
known  men  who  were  very  decided  in  their  opposition  to  the  war  selected,  &.<•. 

Question.  WThat  is  your  judgment  as  to  the  advantages  of  keeping  up  a  military  force  in 
Louisiana,  on  the  part  of  the  United  States  ? 

Answer.  I  think  it  tends  to  produce  irritation,  and  to  perpetuate  the  disorder  of  the  times. 
I  think  it  leads  to  a  return  of  the  past,  and  that  the  sooner  the  military  arm  is  removed  the 
better.  It  irritates,  annoys,  and  frets,  without  doing  any  good.  And  I  may  add,  I  think 
the  same  remark  is  applicable  pretty  generally  where  I  travelled  all  over  the  south. 

Question.  Do  you  think  the  people  there,  if  left  to  themselves,  would  pretty  generally  set 
tle  down,  fraternize,  and  become  restored  to  good  order  ? 

Answer.  The  country  is  so  devastated,  there  is  so  much  distress,  so  much  want  and  suf 
fering  among  the  people  of  the  south,  that  they  have  no  time  for  politics.  I  think  they  av 
disposed  to  go  to  work  to  restore,  their  broken  fortunes.  If  these  exciting,  irritating,  and 
annoying  causes  were  removed,  it  would  not  be  six  months,  in  my  judgment,  before  this 
feeling  between  northern  and  southern  men  there  would  in  large  part  vanish,  and  an  entire 
restoration  of  harmony  would  begin  to  take  place.  The  very  necessities  of  their  condition 
require  it.  They  would  find  northern  men  bringing  their  capital  and  industry  among  them, 
and  they  would  invite  them.  The  labor  they  must  have.  The  negro  is  defective  as  a  laborer. 
Under  the  old  system,  with  all  the  negroes  employed,  there  has  always  been  a  deficiency  of 
labor  in  the  south. 

Question.  What  is  your  opinion  of  the  necessity  or  utility  of  the  Freedmen's  Bureau,  or  of 
any  agency  of  that  kind  ? 

Answer.  I  think  if  the  whole  regulation  of  the  negroes,  or  freedmen,  were  left  to  th<- 
pie  of  the  communities  in  which  they  live,  it  will  be  administered  for  the  best  interest  of  the 
negroes  as  well  as  of  the  white  men.  I  think  there  is  a  kindly  feeling  on  the  part  of  the 
planters  towards  the  freedmen.  They  are  not  held  at  all  responsible  for  anything  that  has 
happened.  They  are  looked  upon  as  the  innocent  cause.  In  talking  Avith  a  number  of 
planters,  I  remember  some  of  them  telling  me  they  were  succeeding  very  wc-il  with  their 
freedmen,  having  got  a  preacher  to  preach  to  them  and  a  teacher  to  teach  them,  believing 
it  was  for  the  interest  of  the  planter  to  make  the  negro  feel  reconciled  ;  for,  to  lose  his  sen  ices 
as  a  laborer  for  even  a  few  mouths  would  be  very  disastrous.  The  sentiment  prevailing  is, 
that  it  is  for  the  interest  of  the  employer  to  teach  the  negro,  to  educate  his  children,  to  pro 
vide  a  preacher  for  him,  and  to  attend  to  his  physical  wants.  And  I  may  say  I  have  not 
seen  any  exception  to  that  feeling  in  the  south.  "  Leave  the  people  to  themselves,  and  they 
will  manage  very  well.  The  Freedmen's  Bureau,  or  any  agency  to  interfere  between  the 
freedman  and  his  former  master,  is  only  productive  of  mischief.  There  are  constant  appeals 
from  one  to  the  other  and  continual  annoyances.  It  has  a  tendency  to  create  dissatisfaction 
and  disaffection  on  the  part  of  the  laborer,  and  is  in  every  respect  in  its  result  most  unfavor 
able  to  the  system  of  industry  that  is  now  being  organised  under  the  new  order  of  things  in 
the  south.  I  do  not  think  there  is  any  difference  of  opinion  upon  this  subject. 

Question.  Do  you  think  the  white  men  of  the  south  would  do  justice  by  the  n<  gn •«•*  in 
making  contracts  and  in  paying  them  for  their  labor  .' 

Answer.  Before  these  negroes  were  i'reed,  there  were  some  h\  o  or  three  hundred  thousand 
free  negroes  in  the  south,  and  some  four  or  five  hundred  thousand  of  them  in  the  country. 
There  were  a  great  many  in  Louisiana.  There  were  in  New  Orleans  some  free  m  groe> 
among  the  wealthiest  men  we  had.  I  made  a  comparison  when  I  was  superintendent  of  the 
United  States  census  in  J850,  and  found  that  the  condition  of  the  free  negroes  in  the  south, 
their  education,  &.c.,  Avas  better;  that  as  a  class  they  were  immeasurably  better  oil' than  the 
free  people  of  the  north.  ]  never  heard  any  cause  of  complaint  of  our  treatment  of  these 
people  in  the  south  before  the  war,  even  from  northem  sources,  and  I  <!o  nor  jneMime  there 


FLORIDA LOUISIANA TEXAS  135 

would  bo  more  cause  of  complaint  now.  If  we  performed  our  duty  to  this  same  class  of 
population  when  the  great  mass  of  negroes  were  held  by  us  as  slaves,  I  think  it  should  go 
very  far  to  indicate  that  we  should  not  be  lacking  in  our  duties  to  them  now.  There  are 
free  negroes  in  Louisiana  who  owned  fifty  or  a  hundred  slaves,  and  plantations  on  the  coast, 
and  there  were  hundreds  of  them  who  owned  more  or  less  property. 

Question.  What  is  your  opinion  as  to  the  relative  advantages  "to  the  blacks  of  the  present 
system  of  free  labor,  as  compared  with  that  of  slavery  as  it  heretofore  existed  in  this  country? 

Answer.  If  the  negro  would  work,  the  present  system  is  much  cheaper.  If  we  can  get 
the  same  amount  of  labor  from  the  same  persons,  there  is  no  doubt  of  the  result  in  respect  to 
economy.  Whether  the  same  amount  of  labor  can  be  obtained,  it  is  too  soon  yet  to  decide. 
We  must  allow  one  summer  to  puss  first.  They  are  working  now  very  well  on  the  planta 
tions.  That  is  the  general  testimony.  The  negro  women  are  not  disposed  to  field  work  as 
they  formerly  were,  and  I  think  there  will  be  less  work  from  them  in  the  future  than  there 
has  been  in  the  past.  The  men  are  rather  inclined  to  get  their  wives  into  other  employment, 
and  I  think  that  will  be  the  constant  tendency,  just  as  it  is  with  the  whites.  Therefore,  the 
real  number  of  agricultural  laborers  will  be  reduced.  I  have  no  idea  the  efficiency  of  those 
who  work  will  be  increased.  If  we  can  only  keep  up  their  efficiency  to  the  standard  before 
the  war,  it  will  be  better  for  the  south,  without  doubt,  upon  the  mere  money  question,  be 
cause  it  is  cheaper  to  hire  the  negro  than  to  own  him.  Now  a  plantation  can  be  worked 
without  any  outlay  of  capital  by  hiring  the  negro  and  hiring  the  plantation. 

Question.  "What,  in  your  opinion,  is  to  be  the  effect  upon  the  blacks  .' 

Answer.  I  think  it  will  be  disastrous  to  them.  I  judge  that  because  of  the  experience  of 
other  countries,  and  not  from  any  experience  we  have  had  ourselves.  I  judge  by  their 
shiftless  character,  and  their  disposition  to  crowd  into  the  cities.  It  is  what  I  see  all  rver 
the  south.  You  will  find  large  numbers  of  them  in  every  city,  crowded  together  in  miserable 
shanties,  eking  out  a  very  uncertain  subsistence ;  and,  so  far,  the  mortality  has  been  very 
great  among  them.  They  were  not  disposed  to  enter  upon  any  regular  work  before  the  1st 
of  January.  They  were  confident  in  the  expectation  that  the  lands  were  to  be  divided 
among  them  up  to  that  time.  But  after  the  1st  of  January  they  became  satisfied  they  were 
not  to  get  the  lands,  and  they  very  generally  went  to  work. 

Question.  What  arrangements  are  generally  made  among  the  landholders  and  the  black 
laborers  in  the  south? 

Answer.  I  think  they  generally  get  wages.  A  great  many  persons,  however,  think  it 
better  to  give  them  an  interest  in  the  crops.  That  is  getting  to  be  very  common. 

Question.  What  do  you  find  the  disposition  of  the  people  as  to  the  extension  of  civil  rights 
to  the  blacks — the  right  to  sue  and  enforce  their  contracts  and  to  hold  property,  real  and 
personal,  like  white  people? 

Answer.  I  think  there  is  a  willingness  to  give  them  every  right  except  the  right  of  suf 
frage.  It  is  believed  they  are  unfit  to  exercise  that.  The  idea  is  entertained  by  many  that 
they  will  eventually  be  endowed  with  that  right.  It  is  only  a  question  of  time ;  but  the 
universal  conviction  is  that  if  it  ever  be  conceded,  it  will  be  necessary  to  prepare  for  it  by 
slow  and  regular  means,  as  the  white  race  was  prepared.  I  believe  everybody  unites  in  the 
belief  that  it  would  be  disastrous  to  give  the  right  of  suffrage  now.  Time  and  circumstances 
may  alter  the  case.  There  is  no  difference  of  opinion  upon  this  subject  now. 

Question.  Suppose  the  negroes  were  to  vote  now,  Arhat  would  be  the  influences  operating 
upon  them  as  to  the  exercise  of  that  vote? 

Answer.  The  negro  would  be  apt  to  vote  with  his  employer  if  he  was  treated  well.  .That 
is  his  character.  They  generally  go  with  their  employer ;  but  it  is  probable  they  would  be 
tampered  with  a  great  deal.  There  would  be  emissaries  sent  among  them  to  turn  their 
minds ;  so  that,  although  I  understand  some  prominent  men  think  the  negro  would  generally 
vote  with  his  master,  I  doubt  it.  I  think  the  tendency  would  be  in  that  direction;  but  that 
they  would  be  drawn  off  by  emissaries  sent  there  for  malicious  purposes,  though  a  great 
many  would,  no  doubt,  go  with  their  former  masters.  You  cannot  make  any  rule.  I  find 
that  northern  men  who  have  come  to  the  south,  purchased  land,  and  gone  to  cultivating 
cotton  or  anything  else,  talk  now  very  much  as  we  do  on  these  questions.  Their  views 
upon  all  these  questions,  with  the  little  experience  they  have  had,  are  very  much  the  same 
as  those  of  southern  men.  They  say  our  experience,  in  regard  to  these  questions,  is  worth 
more  than  their  theories. 

Question.  What  facilities  are  the  people  disposed  to  give  the  freedmen  in  becoming 
educated  ? 

Answer.  I  think  they  generally  laugh  at  the  idea  of  the  negro  learning.  They  have  been 
accustomed  to  the  idea  that  the  negroea  are  pretty  stupid.  I  do  not  think  there  would  be 
any  opposition  to  their  becoming  educated.  We  have  .schools  ail  about  for  them,  but  the 
people  sometimes  laugh  at  the  idea  of  the  negroes  learning  much.  Under  the  institution  of 
slavery  we  used  to  teach  them  everything  nearly  except  to  read.  On  almost  every  planta 
tion  they  were  taught  the  Bible,  the  catechism,  prayers,  hymns,  &c.  But  in  regard  to  their 
being  educated,  so  far  as  they  are  capable,  I  think  the  people  regard  it  as  for  their  best 
interest  to  afford  them  every  facility — that  is,  the  better  informed  people. 

Question.  Do  the  employers  of  negroes  in  the  south  claim  or  exercise  the  right  of  physical 
compulsion  to  enforce  their  contracts  ? 


136  RECONSTRUCTION. 

Answer.  No,  sir,  I  know  of  no  such  claim — nothing  of  the  kind. 

Question.  What  have  been  your  views  on  the  subject  of  secession  ? 

Answer.  I  was  raised  to  believe  in  the  doctrine  of  the  State-rights  party,  and  therefore 
believed  in  the  right  of  secession.  I  was  anxious  to  perpetuate  the  United  States  govern 
ment,  with  full  respect  to  fhe  rights  of  all  sections,  believing  in  the  doctrines  of  Calhoun  on 
that  subject.  Having  failed  in  securing  that,  I  believed  that  secession  was  right,  proper, 
and  just,  and  did  all  I  could  in  aiding  the  exercise  of  it.  I  am  now  satisfied  with  the  results 
of  the  war,  and  regard  it  as  utterly  hopeless  and  useless  to  assert  any  such  right  again ; 
that  the  event  of  the  war  was  a  distinct  pronunciation  against  the  exercise  of  the  right  and  a 
final  settlement  of  the  whole  question.  I  think  that  is  the  general  sentiment  of  tl7e  people. 
The  people  are  much  better  satisfied  witli  the  result  than  if  they  had  not  made  the  experiment. 
They  think  they  have  nothing  to  regret  upon  that  question,  and  that  although  everything 
else  be  lost,  honor  is  saved.  This  is  the  sentiment  from  the  Potomac  to  the  Rio  Grande. 

Question.  Are  you  satisfied  that  the  people  of  the  south  have  given  up  all  ideas  of  seces 
sion  under  any  circumstances  ? 

Answer.  /  am  perfectly  satisfied  of  that.  The  leaders,  and  the  people  of  all  claws  of 
opinion,  agree  upon  that  subject. 


WASHINGTON,  April  r>,  ! 
Benjamin  C.  Truman  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  State  if  you  have  been  in  cither  Texas,  Louisiana,  or  Florida  since  Lee's  sur 
render;  if  so,  when,  how  long  were  you  there,  and  in  what  capacity? 

Answer.  I  arrived  in  Florida  on  the  7th  of  December,  and  staid  there  just  two  weeks.  I 
went  through  Georgia  and  Tennessee,  on  the  railroad  mostly,  as  I  was  bound  for  Tex.:  .  ; 
arrived  in  Louisiana  the'second  week  in  January,  and  remained  in  the  State  until  the  28th. 
I  did  not  go  through  the  State  much  except  on  the  line  of  the  railroads.  I  went  up  to  Baton 
Rouge  and  was  in  New  Orleans  two  weeks.  I  arrived  in  Texas  on  the  31st  of  January, 
and  staid  there  until  the  14th  of  March. 

Question.  In  what  capacity  were  you  there  ? 

Answer.  As  correspondent  or  the  New  York  Times. 

Question.  Did  you  travel  in  Texas  much  while  you  were  there  ;  and  if  so,  where  did 
you  go? 

Answer.  I  arrived  at  Galvestou  on  the  31st  of  January,  and  staid  there  three  days.  From 
there  I  took  steamer  to  Indiauola,  and  remained  two  days.  I  then  got  a  horse  and  went 
about  fifty  miles  across  the  prairie  to  Victoria— only  one  town  on  the  road.  I  then  Avent  by 
stage,  130  miles,  to  San  Antonio,  stopping  at  Quincy  a  short  time  and  at  Gonzales  over 
night;  the  other  towns  on  the  way  I  passed  through  rapidly.  I  staid  at  San  Antonio  three 
days  and  went  to  Austin,  and  from  Austin  back  to  Galveston,  making  a  short  halt  at  Hemp 
stead  and  of  two  days  at  Houston. 

Question.  What  did  you  find  the  prevailing  sentiment  of  the  people  to  be  as  to  the  late 
rebellion  and  the  present  condition  of  things  in  Texas  ? 

Answer.  I  penetrated  all  the  portions  of  the  State  I  have  mentioned,  and  took  particular 
pains  to  learn  the  condition  of  the  people,  and  especially  of  the  frecdmen,  as  I  have  always 
been-much  interested  in  the  colored  troops — helped  to  get  up  a  regiment  once  in  Nashville, 
&c.  I  found  the  people  of  Texas,  on  the  whole,  I  think  in  a  better  condition  than  the  peo 
ple  of  any  other  State  through  which  I  passed,  except  Florida.  I  would  class  Florida  and 
Texas  together.  There  are  in  Texas  54,000  Germans  who  have  been  loyal  all  the  time,  and 
extreme  in  their  loyalty.  Some  of  these  Germans— I  think  at  least  a  third  of  them— are  in 
favor  of  negro  suffrage.  Then,  in  the  northern  part  of  the  State  are  50,000  or  60,000  loyal 
Americans,  who  have,  during  the  war,  been  persecuted  beyond  all  bounds.  They  are  most 
eminently  loyal,  as  loyal  as  our  most  extreme  northern  men.  Some  of  them — a  Very  few — 
are  in  favor  of  negro  suffrage.  I  was  at  the  convention,  and  there  were  seven  out  of  eighty- 
nine  delegates  in  favor  of  negro  suffrage.  There  are  also  8,000  Norwegians  in  the  State, 
who  are  all  loyal.  Then,  all  the  secession  people  of  the  State — those  who  have  ho<>n  seces 
sionists — seem  to  me  to  be  willing  to  accept  the  situation  as  the  war  has  left  them.  I  saw  no 
case  of  unmitigated  disloyalty  in  Texas.  I  did  not  see  any  exhibitions  of  disloyalty  at  all, 
nor  any  exhibitions  of  patriotism  either.  I  talked  with 'all  the  rebel  generals' nca'rly,  ami 
Avith  many  of  the  leading  men,  and  they  all  seemed  to  desire  peace,  to  obey  the  laws,  and  to 
do  the  right  thing.  Ex-Governor  Runnels  of  the  State  has  always  been  a  vicious  rebel,  and 
seerns  to  be  so  now.  There  were  only  e!,-von  real  malicious  rebels  in  the  State  convention 
out  of  the  eighty-nine  members;  thirty-five  were  extreme  loyal  men,  and  have  been  so  all 
the  time,  seven  in  favor  of  negro  sunVage,  and  the  balance,  some  forty-odd,  were  conserva 
tive  men  on  botl^sides.  Judge  Hancock  I  class  as  a  lova!  man,  although  he  cannot  take 
the  oath.  He  offered  his  services  once  to  our  government,  and  afterwards  went  to  Mexico 
and  staid  until  the  close  of  the  war.  He  was  not  classed  among  the  loyal  men  in  the  State 
for  some  reason,  I  scarcely  know  what.  He  is  a  great  politician.  Mr.  Taylor,  one  of  the 


FLORIDA — LOUISIANA — TEXAS.  137 

extreme  Union  men  from  northern  Texas,  told  me  the  Union  flag  had  been  torn  down  once 
or  twice  since  the  close  of  the  war,  in  his  section  of  the  country,  by  men  of  Shelley's  com 
mand,  I  believe — marauders,  who  persecuted  the  Union  men  during  the  war.  But,  as  a 
general  thing:,  there  is  a  real  good  honest  feeling  in  Texas. 

Question.  To  what  convention  do  you  refer  ? 

Answer.  To  the  Austin  constitutional  convention.     I  have  just  come  from  there. 

Question.  Do  you  know  how  many  of  the  members  of  that  convention  held  office,  civil  or 
military,  under  the  confederate  government  ? 

Answer.  Counting  judges,  officers,  and  private  soldiers,  I  think  half  certainly,  and  I  pre 
sume  two-thirds.  There  were  not  many  private  soldiers — nearly  all  officers.  Including  State 
troops,  there  were  eleven  who  had  been  colonels,  and  seven  who  had  been  generals  in  tin- 
rebel  army. 

Question.  Were  you  there  when  the  convention  was  organized  ? 

Answer.  Yes,  sir. 

Question.  Is  it  true,  as  has  been  reported,  that  the  secretary  of  that  convention  took  his 
<=eat  clothed  in  the  confederate  uniform  ? 

Answer.  The  secretary  pro  tern.  did. 

Question.  What  representations  did  these  loyal  men  make  to  you  as  to  the  necessity  of 
military  protection  in  that  State  for  the  loyal  men  ? 

Answer.  In  the  loyal  American  portion  of  the  State,  some  two  or  three  counties  deep, 
bordering  on  Red  river,  depredations  are  committed  by  bands  of  Shelley's,  Duff's,  and  Quaii- 
trell's  men.  They  dare  not  go  into  Arkansas,  and  are  staying  in  those  counties  annoying 
Union  men.  Mr.  Taylor  and  Mr.  Hart,  I  think,  both  had  the  Union  flag  pulled  down  from 
their  houses.  Mr.  Hart  is  a  Union  man,  whose  brother  was  hung  on  account  of  his  loy 
alty  during  the  first  year  of  the  war.  Mr.  Taylor  and  Mr.  Hart,  both  South  Carolinians, 
made  speeches  in  the  convention  in  favor  of  negro  suffrage,  as  did  Mr.  Shields,  with  the 
educational  qualification.  They  say  the  people,  especially  those  who  have  been  in  the  rebel 
army,  are  all  doing  first-rate.  Some  of  the  politicians  are  not  doing  exactly  right,  and,  as  I 
said,  some  men  of  Shelley's,  Duff's,  and  Quantrell's  bands  are  annoying  Union  men  a  great 
deal.  I  talked  with  men  of  all  classes,  in  order  to  be,  and  I  was,  very  particular  in  forming 
conclusions. 

Question.  Do  you  think  it  will  be  safe,  at  this  time,  for  loyal  men,  black  or  white,  in 
Texas,  to  withdraw  the  protection  of  the  federal  government  ? 

Answer.  I  think  it  is  necessary  to  retain  the  military  in  the  Red  river  counties  and  on  the 
frontier,  but  it  is  the  Indians  there  who  are  committing  the  depredations.  In  the  Red  river 
counties  there  are  at  least  a  thousand  bad  men  ;  they  are  mostly  Missourians,  but  some  ot 
them  are  from  Arkansas.  There  are  very  few  Texans  among  them ;  two-thirds  of  them  be 
long  in  Missouri. 

Question.  Have  you  seen  a  proposition  introduced  into  the  Senate  by  Mr.  Stewart,  of 
Nevada  ? 

Answer.  Yes,  sir. 

Question.  Suppose  that  proposition,  which  is  substantially  universal  suffrage  and  uni 
versal  amnesty,  should  be  submitted  to  the  people  of  Texas  with  the  condition  that  they 
should  have  no  representation  in  Congress  until  it  was  adopted  by  them,  what  do  you  think 
the  people  of  "Texas  would  do  in  reference  to  it ;  reject  it  or  adopt  it  ? 

Answer.  Texas  would  go  further  towards  adopting  it  than  any  other  southern  State — a 
great  deal  further.  There  are  a  good  many  there,  who  have  been  secessionists,  who  are  act 
ing  very  well,  and  who  would  be  willing  to  adopt  it.  I  talked  with  some  in  Texas  who 
were  willing  to  do  almost  anything.  The  people  there  think  they  have  got  the  greatest 
State— the  greatest  piece  of  country  in  the  world  ;  of  the  greatest  value,  acre  by  acre  ;  and 
there  is  a  real  good  feeling  among  all  classes  of  people  there.  They  are  in  favor  of  doing 
what  is  exactly  right  by  the  colored  man.  They  passed  laws  giving  him  all  the  civil  rights. 
I  think  at  least  half,  if  not  two-thirds,  the  people  of  Texas  would  be  in  favor  of  accepting 
Senator  Stewart's  bill.  There  were  four  men  in  the  convention  who  urged  negro  suffrage 
and  voted  for  it ;  and  others  told  me  they  were  in  favor  of  it,  but  they  did  not  like  to  spring 
too  much  upon  the  people  of  the  State  at  this  time  ;  that  the  people  were  not  so  progressive 
as  they  were  themselves.  But  the  loyal  Germans — 54,000  of  them,  I  do  not  know  ex 
actly  how  many  voters — are  all  for  it.  In  four  counties  they  did  not  cast  a  vote  for  the  se 
cession  convention,  and  one  man,  by  the  name  of  Simon,  offered  his  services  to  General 
Houston  to  clean  out  that  convention.  Almost  all  of  them  were  maltreated  by  the  rebels 
during  the  Avar.  The  Norwegians  are  Avilling  to  do  anything.  Mr.  Norton  represents  the 
Norwegian  settlement  in  the  convention.  He  was  a  thorough  Union  man  all  through  tin- 
war.  His  brother  is  United  States  senator  from  Minnesota,  I  think.  He  wrote  me  three  or 
four  pages  on  the  subject.  He  says  the  Norwegians  were  loyal  to  a  man  during  the  war. 
They  were  persecuted  very  little,  being  situated  very  much  as  the  Shakers  are  at  the  north. 
He  said  the  Norwegians,  as  a  body,  would  accept  negro  suffrage. 

Question.  You  say  you  think  Texas  would  be  more  inclined  to  adopt  that  proposition  than 
any  of  the  other  States  you  have  named  / 

Answer.  Yes,  I  think  so,  though  I  doubt  if  a  majority  of  the  people  of  Texas  would  vott 


138  RECONSTRUCTION. 

for  it.  They  do  not  care  anything  about  amnesty  there.  The  loyal  people  are  more  inclined 
to  have  those  who  have  been  guilty  of  exec-si vc  barbarity  punished.  The  Union  men  in 
most  of  the  other  States  are  willing  to  fraternize  witli  those  who  have  been  rebels,  and  to 
forget  and  forgive,  but  the  Union  men  of  Texas  are  very  bitter. 

Question.  What  would  be  the  probability  of  the  adoption  of  this  proposition  in  the  other 
rebel  States  you  have  visited  ? 

Answer.  Next  to  Texas,  there  would  be  more  votes  in  favor  of  it  in  Florida.  In  Louisiana 
I  do  not  think  the  people  would  touch  it  at  all ;  they  would  not  entertain  it,  either  tin-  dis 
loyal  people  or  the  loyal.  The  people  of  Louisiana  are  different  from  either  those  in  Texas 
or  Florida. 

Question.  Suppose  the  people  of  Texas  were  left  to  themselves,  what  sort  of  men  would 
they  elect  to  office — men  who  have  been  rebels  or  men  who  have  been  loyal  to  the  government? 
Answer.  There  are  intensely  loyal  districts  there,  but,  as  a  whole,  I  think  the  people  of 
the  State  would  elect  a  rebel  as  governor.  They  will  probably  elect  a  Mr.  Throckmorton, 
who  voted  against  secession  in  the  convention,  but  afterwards  went  into  the  rebel  army ; 
but  he  told  me  he  had  been  a  Union  man  in  feeling  all  the  time.  He  was  straightforward 
in  this  convention,  in  favor  of  giving  the  negroes  all  their  rights,  and  of  declaring  the  seces 
sion  ordinance  null  arid  void  ab  initio.  But  he  has  been  a  general  in  the  rebel  army.  A 
man  who  has  been  a  loyal  man  all  the  time,  like  Governor  Hamilton,  who  is  the  best  man  in 
the  State,  could  not  be  elected,  though  Governor  Hamilton  told  me  he  believed  if  the  Ger 
mans,  Norwegians,  and  loyal  Americans  would  rally,  they  could  elect  their  men  to  all  the 
offices.  He  thinks  if  they  would  all  rally,  there  are  more  loyal  than  disloyal  men  in  Texas. 

Question.  What  did  these  loyal  people  say  to  you  about  the  immediate  recognition  of  the 
State  by  Congress,  and  their  immediate  representation  in  the  Senate  and  House  of  Repre 
sentatives  here  ? 

Answer.  The  entire  portion  of  the  loyal  people  of  that  State  are  in  favor  of  the  recon 
struction  policy  of  the  President.  They  were  in  favor  of  immediate  representation  in  Con 
gress,  but  they  were  not  in  favor  of  the  admission  of  any  men  as  senators  or  representatives 
who  could  not  take  the  test  oath.  The  loyal  people  there  have  been  in  favor,  to  a  greater 
extent  than  in  any  other  of  the  southern  States  I  have  been  in,  of  the  Freedinen's  Bureau  as 
it  exists  there. 

Question.  What  is  your  opinion  as  to  the  necessity  or  utility  of  the  Freedmen's  Bureau, 
or  some  such  agency,  in  these  rebel  States  ? 

Answer.  I  have  thought  all  along  there  was  a  necessity  for  the  Freedmen's  Bureau,  but 
there  is  not  so  much  necessity  for  it  now  as  there  was,  especially  in  Texas.  Texas  is,  by  all 
odds,  doing  better  than  any  of  the  other  States.  I  talked  with  all  the  delegates  particularly 
about  the  freedmen,  and  I  did  riot  meet  a  delegate  or  gentleman  who  made  any  complaints 
of  the  negroes  whatever.  They  said  they  were  doing  first-rate.  A  great  many  who  had 
been  real  malicious  secessionists  were  not  so  generous  in  talking  about  other  matters  as  they 
were  about  the  negroes.  I  went  all  over  the  Brazos  and  Trinity  lands,  and  a  great  many 
planters  were  giving  the  negroes  two-thirds  the  crop.  I  did  not  see  a  negro  abused  or  ill- 
treated  throughout  the  whole  State.  Those  who  owned  negroes  treat  them  very  well.  There 
are  some  Avho  did  not  own  them  who  are  not  inclined  to  treat  them  so  well,  but  everybody 
is  treating  them  well,  because  they  need  their  labor.  It  is  their  policy  to  treat  them  well, 
even  if  they  were  inclined  to  do  otherwise.  Free  labor  is  a  success  in  Texas.-  Most  of  th" 
former  slaves  are  with  their  former  masters  everywhere  in  the  interior. 

Question.  What  would  they  do  there  as  to  giving  the  negroes  their  civil  rights  ' 
Answer.  The  convention  passed  an  ordinance  giving  the  negroes  all  the  civil  rights,  and  it 
passed  by  a  very  large  majority. 

Question.  I  have  seen  it  represented  that  at  the  time  this  convention  assembled,  a  majority 
of  its  members  refused  to  take  an  oath  to  support  the  Constitution  of  the  United  {States  :  'what 
are  the  facts  in  regard  to  that? 

Answer.  That  is  so.  Mr.  Paschal,  one  of  the  best  Union  men  in  the  State,  ofi'm-d  a  reso 
lution  that  all  should  take  the  constitutional  oath.  They  debated  upon  it,  and  the  first  day 
they  refused  to  do  it  by  a  majority  of  one  ;  the  next  day  they  reconsidered  it,  and  those  who 
had  opposed  it  the  previous  day  made  speeches  in  favor  of  it.  There  seemed  to  be  some 
misunderstanding,  but  my  private  opinion  was  that  a.  great  many  of  them  were  opposed  to 
(Jovernor  Hamilton,  and  the  resolution  the  first  day  was  that  Governor  Hamilton  should 
officiate.  The  next  morning  the  resolution  was  changed  so  that  Judge  Stewart  should  admin 
ister  the  oath,  and  the  vote  adopting  it  was  almost  unanimous.  Those  who  have  him 
secessionists,  although  they  seem  to  be  doing  right  every  other  way,  hate  Governor  Hamilton; 
and  that  was  their  chief  reason  for  rehising  to  vote  for  a  resolution  the  tirst  day  to  take  the 
oath  ;  though  I  talked  with  Governor  Hamilton  and  he  did  not  think  so;  he  thought  it  was 
just  an  exhibition  of  bitter  feeling. 

Question.  What  is  the  degree  of  intelligence  there  among  the  blacks?  Do  they  appreciate 
the  condition  of  things  now,  and  their  own  condition  .' 

Answer.  As  far  as  I  can  see  they  appreciate  it  fully.  The  only  reason  why  they  have  been 
moving  around  so  much  is  to  assure  themselves  that  they  really  do  possess  their  freedom. 
The  whiles  felt  a  little  bitter  towards  them  nine  or  ten  months  ago.  Some  ot'them  maltreated 
them,  and  great  fault  was  found  Avith  them  everywhere;  but  after  Christmas  all  that  died 


FLORIDA LOUISIANA TEXAS.  139 

away;  they  are  all  at  work.  The  agents  of  the  Freedmen's  Bureau,  unlike  those  in  most  of  the, 
other  States,  make  no  contracts  for  them,  but  leave  them  to  do  the  best  they  can.  The  negroes 
are  not  getting  less  than  8-0  a  month  in  specie  and  found,  anywhere  in  the  State  of  Texas,  and 
in  some  portions  of  the  State  they  arc  getting  two-thirds  the  cotton  crop  and  half  the  corn 
crop.  If  the  s<  ason  is  good,  and  the  negroes  continue  to  work  as  well  as  they  arc  working 
now,  there  will  be  a  larger  crop  of  cotton  made  in  Texas  than  in  any  other  State,  and  the 
negroes  will  make  more  money  than  the  whites. 

Question.  Suppose  the  negroes  in  Texas  were  allowed  to  vote,  would  they  vote  with  and  for 
those  who  are  Union  men,  or  would  they  vote  for  those  who  have  heretofore  been  known  as 
rebels  ? 

Answer.  They  would  vote  for  Union  men.  They  know  a  great  deal  about  the  war,  and 
more  than  the  poor  white  people  do.  They  are  more  intelligent.  In  many  portions  of  the 
State  you  will  find  more  negroes  who  can  write  their  names  and  know  how  to  read  than  among 
the  poor  white  men.  There  is  something  instinctive  about  their  knowledge  about  this  war 
all  over  the  south.  In  case  such  a  thing  should  happen,  there  is  no  question  but  what  the 
negroes  would  vote  on  the  right  side. 

Question.  Do  you  think  it  is  practicable  at  this  time  to  adopt  any  such  plan  of  reconstruc 
tion  as  that  proposed  by  Senator  Stewart? 

Answer.  I  think  it  would  be  strictly  impracticable.  I  think  it  would  not  be  accepted  and 
would  injure  the  negroes. 

Question.  Do  you  suppose  that  the  white  people  there  would  ever  confer  the  right  of  suf 
frage  upon  the  negroes  if  they  were  left  to  determine  the  question  for  themselves? 

Answer.  I  think  they  would  in  Texas  ;  though  now  I  think  they  would  rather  give  up  their 
three-fifths  representation  than  have  the  negroes  vote. 

Question.  What  have  you  to  say  in  reference  to  these  matters  as  applicable  to  Florida  ? 

Answer.  In  Florida  the  negroes  are  doing  first  rate.  I  called  on  all  the  generals  and  all 
the  officers  of  the  Freedmen's  Bureau  there  and  had  long  talks  with  them.  General  Gregory 
says  there  are  about  four  hundred  thousand  negroes  in  Texas,  and  he  only  supported  about  eight 
hundred  of  them  in  the  month  of  January  last.  All  the  old  and  decrepid  ones  are  being  sup 
ported  by  their  former  masters.  But  wrhere  they  have  able-bodied  children  with  the  same 
persons  I  suppose  they  Avill  charge  them  something  for  it.  But  they  have  to  take  care  of 
these  old  and  decrepid  people  at  any  rate.  General  Gregory  ordered  them  to  do  it,  and  they 
are  doing  it  all  over  the  State.  There  are  sixteen  thousand  negro  children  going  to  school  in 
Texas,  and  it  does  not  cost  the  federal  government  a  cent.  They  are  supported  by  their 
fathers  and  mothers.  I  arrived  in  Florida  the  7th  of  December,  and  remained  in  the  State 
about  two  weeks.  I  visited  St.  Augustine,  St.  Mark's,  Jacksonville,  and  all  the  principal 
places  in  the  State.  The  negroes  are  doing  first  rate  there.  They  had  generally  made  con 
tracts  there  for  a  year  at  $12  a  month.  I  thought  that  was  doing  very  well  there,  and  per 
haps  it  was  from  the  fact  that  a  great  many  colored  people  were  just  then  acting  badly — not 
maliciously,  but  would  not  work.  They  were  expecting  presents  of  farms,  &c.,  about  Christ 
mas.  I  talked  with  hundreds  of  them,  and  that  Avas  the  general  expectation.  They  were 
conscientious  about  it.  They  had  been  promised  by  federal  soldiers,  in  some  instances,  that 
the  government  would  give  them  their  master's  lauds,  and  they  understood  the  distribution 
was  to  take  place  about  Christmas.  The  moment  Christmas  passed  they  all  made  contracts 
and  went  to  work.  There  were  about  eighty  thousand  negroes  in  Florida,  as  it  was  under 
stood.  There  were  only  sixty  thousand  before  the  war,  but  a  great  many  of  them  were  re 
moved  there  from  other  States  as  the  war  progressed.  Colonel  Osborn  told  me  he  had  eight 
schools  in  progress.  He  spoke  very  highly  of  the  colored  people  there  and  of  the  white  peo 
ple  too.  While  I  was  in  Florida  there  were  several  unfortunate  affairs  which  took  place  be 
tween  colored  soldiers  and  white  people,  and  between  colored  troops  and  white  soldiers  par 
ticularly. 

Question.  Did  you  find-  any  considerable  number  of  men  in  Florida  who  had  been  loyal 
during  the  war  ? 

Answer.  No,  sir:  not  many  in  Florida  who  had  been  loyal. 

Question.  What  disposition  did  the  secessionists  in  Florida  evince  towards  loyal  men  or 
Union  people,  as  far  as  you  could  judge? 

Answer.  They  were  particularly  in  i'avor  of  northern  immigration.  Nearly  all  the  leading 
men  I  talked  with,  confederate  officers  and  others,  asked  me  to  encourage  it.  One  thing  to 
be  considered  is  that  they  are  poor  down  then1.  They  want  northern  capital.  I  came  across 
hundreds  of  cases  in  Florida,  as  well  as  in  Louisiana  and  Texas,  where  our  officers  had  gone 
into  business  with  confederate  officers.  In  the  First  National  Bank  at  Galveston,  Texas, 
there  are  two  rebel  generals  and  two  Union  generals.  General  Clark  and  General  Heron  are 
the  Union  generals.  General  Nichols  is  one  of  the  rebel  generals.  I  forget  the  name  of  the 
other. 

Question.  Did  most  of  the  people  who  had  been  rebels  with  whom  you  conversed  know 
you  were  the  correspondent  of  a  New  York  paper  ? 

Answer.  Yes  ;  I  told  everybody  where  I  went  I  was  the  correspondent  of  a  republican  paper. 
A  great  many  of  them  knew  my  name,  which,  during  the  war,  1  signed  in  full  to  all  my  letters. 

Question.  State  any  further  facts  within  your  knowledge  tending  to  show  the  true  condi 
tion  of  things  in  any  of  the  three  States  named. 


140  RECONSTRUCTION. 

Answer.  There  is  a  great  mistake  about  the  feeling  of  the,  white  people  towards  the  1'reed- 
men  in  the  south.  There  is  generally  a  kindly  feeling  existing  towards  them.  It  is  true 
that  the  people  there  would  generally  prefer  to  elect  to  office  men  who  have  been  in  the  rebel 
army;  but  I  don't  know  that  I  regard  that  as  an  evidence  of  disloyalty.  They  honor  those 
men  for  what  they  tried  to  do.  There  is  no  mistake  about  that.  They  till  seemed  to  think 
they  were  right  during  the  war.  But  they  are  now  willing  to  submit,  and  I  think  they  do 
so  sincerely  and  honestly. 

Question.  In  case  the  country  should  be  engaged  in  a  foreign  war,  do  you  think  th«-v 
would  take  sides  with  our  government  ? 

Answer.  I  do;  and  it  is  the  very  thing  they  would  like  to  have  take  place.  The  people 
there  are  very  proud.  They  have  accepted  the  situation.  Those  editors  who  are  praising 
their  soldiers,  talking  about  the  southern  cause,  &c.,  understand  the  people,  know  they  are 
proud,  and,  as  they  call  it,  are  letting  them  down  easily.  They  will  not,  therefore,  come 
right  out  and  indorse  the  government.  I  talked  with  nearly  all  the  confederate  generals  in 
those  States,  eight  or  ten  of  them,  and  they  told  me  that,  in  case  of  a  foreign  war,  they 
would  offer  their  services  to  the  government  in  any  capacity  ;  that  while,  from  their  past 
career,  they  thought  they  would  be  entitled  to  positions  as  officers,  some  of  them  told  me 
they  would  enlist  as  privates  in  order  to  show  the  people  that  they  accepted  the  situation. 
In  case  of  invasion,  an  enemy  could  get  some  recruits. 

Question.  Did  you  hear  anything  said  while  you  were  there  as  to  the  debt  contracted  by 
the  federal  government  in  prosecuting  the  war,  or  the  confederate  debt,  or  as  to  their  expec 
tation  to  be  compensated  for  their  former  slaves  ? 

Answer.  Oh,  yes ;  the  loyal  men  are  the  most  bitter  about  that ;  and  in  this  respect  they  clog 
the  movements  of  the  conventions  more  than  the  secessionists.  The  secessionists  all  voted  to 
abolish  slavery.  I  was  present  at  four  conventions,  and  I  found  that  to  be  the  fact.  The  loyal 
men  were  very  reluctant  to  vote  to  abolish  slavery,  and  some  who  finally  did  vote  for  it  told 
me  that  they  had  made  a  full  estimate  of  their  losses  with  a  view  of  claiming  compensation. 
Mr.  Taylor,  of  Texas,  told  me  he  had  sent  on  such  a  statement  to  Mr.  Seward,  with  proof 
of  his  former  loyalty  during  the  war,  with  a  view  of  future  compensation.  He  said  he  did 
not  expect  it.  He  only  demanded  it  as  a  right.  He  thought  too  much  of  the  government 
to  urge  it,  but  lie  sent  on  the  statement  for  the  benefit  of  his  children. 

Question.  What  did  they  say  about  paying  the  debt  contracted  by  the  State  or  the  con 
federate  government  during  the  war  ? 

Answer.  A  majority  of  the  politicians  and  others  seemed  to  be  in  favor  of  paying  the 
debt.  I  could  see  that  plainly  in  the  convention.  The  people  I  talked  with  along  the  lines 
of  railroads,  steamboats,  &c.,  were  opposed  to  it  as  a  general  thing.  Some  of  them  did  not 
connect  it  with  the  war,  but  thought,  it  would  be  a  dishonorable  thing  to  repudiate. 

Question.  Did  you  hear  anything  said  about  paying  the  debt  contracted  by  the  United 
•States  during  the  war  ? 

Answer.  No,  sir  ;  I  did  not  hear  anything  about  that  at  all  during  my  whole  trip,  and  I 
never  thought  of  questioning  them  about  it.  I  have  heard  people,  and  a  great  many  people 
say  they  did  not  think  they  ought  to  be  taxed  unless  they  were  represented  in  Congress 
That  is  the  only  thing  I  heard. 


WASHINGTON,  April  17,  1866. 
Major  General  Lorenzo  Thomas  sworn  and  examined. 

By  Mr.  WILLIAMS  : 

Question.  Have  you  recently  been  in  Louisiana  ?  If  so,  how  long  have  you  been  there 
and  in  what  capacity? 

Answer.  I  have  been  a  great  deal  in  that  part  of  the  country,  before  the  war,  during  the 
war,  and  since  the  war.  1  was  stationed  at  Natchez,  Mississippi,  years  ago,  at  which  time 
I  became  well  acquainted  with  the  people  there.  Duiing  the  war  i  was  sent  down  there  to 
organize  troops  in  the  southern  States,  and  spent  a  great  deal  of  timo  there,  being  thrown 
with  the  same  class  ot  people  I  knew  before.  After  the  war,  one  of  my  sons  having  leased 
;i  plantation  in  the  parish  of  Coucordia,  in  the  State  of  Louisiana,  on  Lake  Concoalia,  and 
believing  that^  I  could  obtain  labor  for  the  plantation  better  than  he  could,  1  asked  the  Sec 
retary  of  War  to  allow  me  to  go  down  there  in  order  to  aid  my  sou  in  getting  the  work  on 
his  plantation  started.  1  was  accordingly  assigned  to  duty  as  inspector  of  troops  there,  and 
I  left  here  about  the  i:Uh  of  November  last.  1  have  spent  the  time  since  then  in  Natchez,  in 


New  Orleans,  and  sometimes  up  at  Vicksburg,  besides  being   on  the  plantation,  until  I  left, 


frequent  conversations  with  them. 

Question.  Judging  from  what  you  observed  while  there,  what  is  your  opinion  of  the  tem 
per  and  disposition  of  the  people  towards  the  government  of  the  United  States  ? 


FLORIDA— rLOUISIAN  A TEXAS.  141 

Answer.  I  tlimk  they  are  decidedly  in  favor  of  coming  hack  into  the  Union.  They  have 
expressed  themselves  to  me  as  being  perfectly  satisfied  with  the  present  condition  of  affairs, 
and  that  they  desired  to  he  peaceful  and  quiet  citizens,  and  to  obey  the  laws.  I  think  that 
is  the  feeling  I  have  discovered  there.  I  have  conversed  with  a  great  many  persons,  more 
particularly  of  the  better  class,  such  as  the  planters,  with  whom  I  was  more  immediately 
brought  in  contact.  Most  of  those  owning  plantations  in  the  part  of  Louisiana  to  which  I 
have  referred,  live  back  of  Natchez,  on  the  hills  about  there,  their  plantations  being  on  low 
ground.  Some  of  them  have  told  me  that  they  were  glad  slavery  was  gone,  though  they 
said,  very  freely,  that  they  did  not  like  losing  their  property.  So  far  as  I  have  seen,  they 
are  disposed  to  submit  to  the  abolition  of  slavery,  and  to  treat  the  blacks  well.  I  can  speak 
more  particularly  of  the  several  plantations  I  have  been  on,  in  reference  to  the  way  things 
were  managed.  I  will  refer  to  one  man  who  had  been  a  general  in  the  rebel  army — General 
York — who  begged  me  to  go  to  the  President  and  obtain  his  pardon.  He  said:  "I  have 
lost  everything  but  my  plantation,  and  I  want  now  to  go  to  work.  I  will  be  as  loval  and 
peaceful  a  citizen  as  any  one."  I  'mentioned  his  case  to  the  President  a  few  days  ago,  and 
I  suppose  that  may  be  one  reason  why  I  am  summoned  here.  Now,  to  show  that  that  per 
son  has  kind  feelings  towards  me,  and  also  towards  others,  there  was  a  person  there  whom  I 
have  never  seen,  and  whom  I  do  not  know,  threatened  my  life,  said  he  would  shoot  me, 
making  his  threats  against  me  in  two  or  three  places  in  Natchez.  General  Yurk  took  me 
one  side  quietly  one  day  and  asked  me  if  I  carried  arms.  I  said  I  did  not.  He  advised  me 
to  do  so,  and  told  me  of  those  threats,  giving  me  the  name  of  the  man,  and  I  did  carry  a 
pistol  afterwards  as  long  as  I  was  there,  but  I  never  saw  the  man  that  1  know  of.  I  men 
tion  this  to  show  that  this  man  had  really  a  kind  feeling  towards  me.  The  reason  given  by 
the  man  for  wanting  to  shoot  me  Avas,  that  I  had  sat  on  the  commission  for  the  trial  of  Wir/ ; 
I  was  one  of  the  members  of  that  commission. 

Question.  Did  you  observe  any  exhibitions  of  a  feeling  of  hostility,  on  the  part  of  those 
who  had  been  in  the  rebellion,  towards  those  living  there  who  had  been  loyal  to  the  govern 
ment,  or  towards  men  coming  there  from  the  northern  States  ? 

Answer.  I  have  discovered  no  such  feeling  among  the  people  there.  I  think  that  those 
who  have  taken  an  active  part  in  the,  rebellion  are  much  more  disposed  to  accept  things  as 
they  are,  than  are  those  who  did  not  enter  into  the  rebellion  actively.  I  know  several  who 
had  been  in  the  rebellion,  some  of  whom  had  been  friends  of  mine  before  the  rebellion  broke 
out,  and  they  say  that  they  are  glad  the  war  is  over,  and  that  they  want  the  country  to  be 
reunited  again.  I  have  seen  no  exhibitions  of  feelings  of  hostility  towards  northern  men. 
On  the  contrary,  I  have  been  spoken  to  very  frequently  by  those  who  asked  me  to  aid  them 
in  renting  their  plantations.  They  say  that  they  want  northern  men  with  capital  to  come 
there,  and  I  have  been  asked  many  times  to  aid  them  in  getting  them  out  there.  There  are, 
I  think,  some  sixteen  plantations  around  Lake  Concordia,  and  on  an  island  in  the  lake,  of  which, 
I  think,  there  are  only  six  plantations  that  are  now  cultivated  by  their  owners ;  the  others  are 
leased  to  northern  men.  The  people  there  are  glad  to  lease  their  plantations  to  northern  men. 
I  know  one  case  where  some  of  the  land  has  been  sold  to  negroes ;  and  on  Lake  St.  John's 
there  is  a  plantation  which  is  worked  by  negroes,  the  former  master  furnishing  the  mules 
and  implements,  the  negroes  feeding  themselves,  and  receiving  half  the  crop.  But  that  sys 
tem  is  found  not  to  work  well,  for  the  negroes  want  some  one  over  them  to  direct  them. 
They  complain  of  each  other,  saying  that  this  one  will  not  do  as  much  \vork  as  the  other ; 
they  do  not  like  to  work  under  overseers,  for  they  have  been  very  harsh  to  them  heretofore ; 
they  will  work  under  their  former  masters  where  they  have  been  kind  to  them.  The  negroes 
have  strong  local  attachments,  and  those  who  have  been  in  the  army  are  returning  to  their 
old  homes  as  they  are  discharged  from  the  service.  The  negroes  are  well  able  to  take  care 
of  themselves,  and  make  their  own  contracts,  especially  those  who  have  been  in  tho  army  ; 
and  they  make  the  best  hands,  for  they  have  been  under  proper  discipline.  There  i»  a  great 
scarcity  of  labor  there,  for  a  large  number  of  negroes  have  gone  away  ;  the  demand  for  labor  is 
very  great,  and  thus  the  negroes  are  enabled  to  get  high  wages.  I  know  a  negro  who  is 
both  a  carpenter  and  blacksmith,  and  who  makes  his  own  contracts,  and  ho  gets  $45  a 
month  ;  the  wages  of  hands  range  from  $10  to  $15  a  month.  I  have  yet  to  hear  the  tirst  com 
plaint  made  by  any  of  the  drivers,  as  those  negroes  are  called  who  are  placed  in  charge  of 
gangs,  against  any  of*  the  negroes  on  the  plantation.  On  the  contrary,  one  of  tho  negroes,  a 
very  intelligent  man,  said  that  double  the  amount  of  work  had  been  done  in  the  same  time 
with  less  force  than  under  the  old  system.  And  I  did  not  hear  of  any  complaints  from  any 
of  the  other  plantar  inns,  except  that  they  are  all  deficient  in  labor,  and  cannot  get  it.  The, 
consequence  is,  that  the  amount  of  land  that  will  bo  cultivated  in  that  parish  this  year 
will  be  very  small  in  comparison  with  the  amount  that  was  formerly  under  cultivation.  In 
Concordia  parish  I  am  told  that  the  amount  of  land  which  will  be  under  cultivation  will  not 
be  much  more  than  one  acre  in  ten  that  was  formerly  cultivated,  and  so  it  is  in  other  par 
ishes.  The  only  complaints  I  have  heard  from  the  negroes  were  in  two  cases,  both  of  which 
were  against  northern  men ;  one  was  the  case  of  a  man  who  was  promised  pay  for  some  \rwrk 
he  had  done,  and  the  planter,  a  northern  man,  went  oil  without  pajing  him.  The  other  wa.s 
the  case  of  a  man  who  was  to  have  a  horse  for  selling  sonv)  corn,  but  he  never  got  it.  Those 
cases  I  referred  to  the  provost  marshal,  and  I  suppose  they  were  properly  attended  to. 


142  RECONSTRUCTION. 

Question.  What  is  your  opinion  in  regard  to  the  necessity  of  lic"p:rig  a  military  force  in 
Louisiana  at  this  time  ? 

Answer.  I  would  keep  small  bodies  of  troops  in  the  principal  places ;  you  must  have  a 
force  in  New  Orleans,  because  the  negroes  flock  there  in  large  numbers,  and  if  there  is  any 
disposition  to  oppress  them  it  will  be  shown  there.  I  would  have  a  force  at  some  place  or 
places  on  Red  river,  and  I  would  also  have  a  force  at  such  places  as  Natchez  and  Vieks- 
burg.  The  force  need  not  be  very  large,  but  it  should  be  of  good  troops.  There  is  a  very 
tine  regiment  at  Natchez,  and  a  good  one  also  at  Vicksburg,  and  there  is  one  also  in  the  in 
terior  of  the  State  at  Jackson.  Those  regiments  I  raised  myself.  The  best  regiment  at  New 
Orleans  is  a  colored  regiment,  as  was  stated  to  me  by  the  general  commanding  there.  He 
has  black  troops  at  Fort  Jackson,  and  Fort  Phillips,  and  other  forts  on  the  lake. 

I  do  not  think  that  there  need  be  troops  in  the  country  districts  at  all ;  for  if  any  troubles 
arise  there,  the  troops  can  be  very  easily  sent  there.  There  is  undoubtedly  a  feeling  of  preju-. 
dice  on  the  part  of  the  inhabitants  there  against  the  black  troops.  Still,  I  have  heard  many 
of  them  say  that  they  had  behaved  themselves  with  perfect  propriety,  and  where  they  are 
properly  officered  I  do  not  think  there  is  any  difficulty  with  them, 

I  will  mention  one  case  where  there  was  a  collision  with  the  black  troops,  but  that  was 
attributable  to  the  influence  of  liquor.  There  was  a  large  fire  recently  in  Natchez;  a  large 
hotel  burned  down  during  the  night.  A  number  of  colored  troops  came  down  from  the  fort 
and  worked  very  faithfully  in  aiding  to  put  out  the  fire.  The  police  force  was  also  there, 
but  they  are,  I  think,  an  inferior  class  of  men ;  because  not  being  paid  very  well,  the  best  men 
cannot  be  obtained.  After  the  fire  was  extinguished,  or  rather  after  it  had  burned  to  such  an 
extent  that  nothing  further  could  be  saved,  the  heads  of  some  barrels  of  liquor  were  knocked 
in,  and  the  police  and  others  used  it  pretty  freely.  A  great  deal  of  liquor  had  been  carried 
out  into  the  street  from  a  store  connected  with  the  hotel.  Some  of  the  soldiers  also  got  in 
toxicated  ;  and  there  were  also  a  great  many  blacks  there  who  had  been  recently  discharged. 
The  deputy  sheriff  was  there,  and  he  evidently  sought  to  bring  on  a  collision  with  the  blacks. 
He  called  out,  "Now  is  the  time  to  give  it  to  those  damned  niggers."  An  officer  standing  by 
knocked  him  down.  Then  four  policemen  started  off  after  a  negro,  and  insisted  upon  taking 
him  to  the  guard-house.  I  do  not  know  what  he  had  done.  He  broke  away  from  them  and  ran ; 
they  were  beating  him  Avith  their  clubs.  He  ran  to  the  corner  of  the  street  above,  and  they 
followed  him,  firiug  several  shots  after  him.  At  this  time  another  negro— they  could  not  tell 
whether  he  was  a  discharged  soldier  or  not — came  up  and  fired,  and  a  policeman  was  killed. 
The  mayor  requested  the  officers  to  take  the  soldiers  away  out  of  town,  which  they  said 
they  would  do,  provided  lie  would  attend  to  the  police  force,  which  he  said  he  would  do. 
The  soldiers  were  sent  to  the  fort,  but  the  mayor  afterwards  sent  up  there  and  requested 
them  to  send  two  companies  of  soldiers  down  to  patrol  the  town  and  preserve  order.  That 
i.s  the  only  case  I  know  of  a  collision  between  the  troops  of  the  colored  regiments  and  the 
people  out  there. 

Question.  Did  you,  while  out  there,  form  any  idea  as  to  what  proportion  of  the  people  were 
loyal  to  the  government  during  the  war  ? 

Answer.  The  plantations  in  that  portion  of  Louisiana  belong  principally  to  persons  living 
on  the  heights  on  the  Mississippi  side  of  the  river.  The  county  of  Adams,  in  which  Natchez 
is  situated,  and  the  county  of  Wilkinson,  adjoining  below,  were  formerly  always  strong  whig 
counties.  There  was  a  strong  Union  sentiment  there,  and  a  large  majority  of  them  opposed 
secession ;  they  spoke  against  it  and  were  undoubtedly  opposed  to  it.  After  the  State  had 
seceded  some  of  the  people,  principally  young  men,  went  into  the  confederate  army;  the 
others  had  to  keep  quiet,  and  some  of  them  had  to  give  a  portion  of  their  crops  to  the  confede 
rate  authorities  ;  and  in  many  instances  their  cotton  was  burned.  A  friend  of  mine,  a  Mr.  Mar 
shall,  was  called  on  for  a  hundred  bales ;  but  he  did  not  give  any,  and  his  cotton  was  burned. 

Such  men  as  he,  and  Dr.  Duncan,  Judge  Winchester,  Mr.  Rivers,  and  all  that  class  of  men, 
were  decidedly  opposed  to  secession,  and  they  are  undoubtedly  loyal.  I  think  there  is  a 
strong  Union  sentiment  in  that  part  of  the  State.  I  know  some  in  Vicksburg  also  who  were 
loyal,  but  that  was  not  so  generally  the  case  as  below  there. 

Question.  What  rights  an;  the  people  there  disposed  to  give  to  the  negroes? 

Answer.  They  are  undoubtedly  opposed  to  bestowing  upon  the  negroes  the  right  of 
suffrage,  but  they  are  willing  to  allow  them  all  other  rights,  such  as  to  sue  and  be  sued,  and 
to  give  evidence  in  the  courts.  I  have  heard  no  other  sentiment  expressed  there  than  that, 
although  they  are  opposed  to  piving  them  the  right  of  suffrage. 

Question.  Do  you  understand  that  opposition  to  allowing  the  negro  to  vote  is  on  the 
ground  that  they  should  not  be  allowed  the  right  of  suffrage  at  any  time,  or  is  it  that  they 
think  the  negro  ought  not  to  ho  allowed  to  vote  at  the  present  time  on  account  of  not  bein^ 
qualified  to  exercise  that  right  properly  ? 

Answer.  I  refer  to  the  present  time  only. 

Question.  Did  you  hear  anything  said  by  any  of  them  as  to  the  probability  of  allowing  the 
negro  to  vote  at  some  future  time,  when  he  shall  have  become  more  intelligent  ? 

Answer.  I  have  heard  it  said  in  several  instances  that  after  the  negro  iiad  become  edu 
cated  and  elevated  to  a  certain  extent,  he  should  bo  permitted  to  exercise  the  right  of  suffrage. 
And  there  is  another  consideration  which  I  think  will  have  a  tendency  to  bring  tliat  about, 
and  that  is  the  question  of  representation.  If  the  basis  of  representation  should  be  based  on 


FLORIDA LOUISIANA TEXAS.  143 

suffrage,  then  they  will  want  as  many  voters  as  they  can  get  in  order  to  have  additional 
representation  in  Congress.  If  the  present  rale  shall  bo  changed,  of  allowing  them  so  many 
representatives  for  their  black  population,  they  would  at  once  lose  so  many  members  of 
Congress,  and  they  desire  as  much  strength  as  possible  in  Congress.  I  think  that  would 
operate  to  bring  them  to  confer  the  right  of  suffrage  on  the  negroes. 

Question.  Did  you,  while  th-3re,  hear  discussed  by  the  people  the  subject  of  immediate 
representation  in  Congress? 

Answer.  Yes,  sir;  they  were  very  anxious  that  their  members  should  be  received.  The 
idea  was  that  till  their  representatives  were  admitted  to  seats  in  Congress  they  could  not  bo 
properly  heard  here ;  they  would  not  be  represented.  They  are  very  anxious  about  that 
matter. 

Question.  Did  you  find  that  to  be  the  case  with  all  the  people,  loyal  and  disloyal  ? 

Answer.  Yes,  sir;  I  do  not  think  I  heard  any  dissenting  voice;  they  all  expressed  their 
sorrow  that  they  were  not  permitted  to  be  represented  here. 

Question.  Did  you  hear  anything  said  about  the  payment  of  the  confederate  debt,  or  of 
the  debt  of  the  United  States,  or  compensation  for  the  slaves  that  have  been  emancipated  ? 

Answer.  In  regard  to  payment  for  slaves  emancipated,  I  have  heard  them  say  that  they 
did  not  expect  to  receive  anything  for  them,  though  they  thought  they  ought  to.  In  regard 
to  the  payment  of  the  confederate  debt,  they  are  opposed  to  that ;  they  cannot  do  it ;  they 
have  not  the  means  to  do  it.  Those  who  hold  confederate  bonds  are  willing  to  give  them 
away  freely;  they  look  upon  them  as  mere  waste-paper  that  will  never  be  worth  anything. 
You  ask  one  of  them  who  has  it  and  he  will  give  you  as  much  as  you  want  of  it ;  showing 
that  they  do  not  think  it  will  ever  be  paid.  In  regard  to  the  payment  of  the  national  debt, 
they  are  perfectly  willing  to  pay  taxes  for  that  purpose ;  they  expect  that  as  a  matter  of 
course. 

Question.  How  many  negroes  does  your  son  employ  on  the  plantation  he  has  leased  ? 

Answer.  It  is  a  plantation  of  about  one  thousand  four  hundred  acres  of  cleared  land,  calculated 
to  raise  about  a  thousand  bales  of  cotton  ordinarily.  Under  the  old  system  about  one  hundred 
and  fifty  negroes  were  employed  upon  it.  When  I  went  there  I  took  a  census  of  the  negroes 
on  the  place  and  found  sixty-one  persons  there,  old  men  and  old  women,  and  some  young 
women  and  children.  The  ages  ranged  from  the  infant,  a  few  days  old,  to  a  man  of  over  a 
hundred  years  old,  who  had  been  born  in  Africa.  Out  of  these  we  could  get  only  about  six 
teen  able  hands,  principally  young  women.  Some  of  the  old  men  could  work  some,  because 
they  could  drive  a  team  and  do  such  things.  We  commenced  breaking  up  the  ground  for 
planting  about  the  Christmas  holidays.  I  think  we  commenced  with  running  about  seven 
ploughs.  By  about  the  middle  of  January  we  got,  perhaps,  ten  or  twelve  ploughs  running, 

1  think.     The  negroes  continued  coming  in  until,  when  I  left  there  the  other  day,  rations 
were  being  issued  to  about  seventy-five  hands.     My  son  still  desires  to  obtain  some  twenty 
or  tAventy-tive  more,  so  as  to  make  his  number  of  hands  about  one  hundred.     These  he  will 
undoubtedly  get  from  among  the  discharged  soldiers,  several  of  whom  have  families  there, 
and  will  return  to  them.     One  of  the  colored  regiments  sent  a  delegation  around  to  the 
several  plantations  to  see  how  the  hands  were  treated.     One  of  the  soldiers  who  came  to  his 
plantation  told   him  he  could  get  as  may  hands  as  he  wanted  when  the  colored  regiments 
were  mustered  out.     The  number  of  acres  cultivated  by  one  man  is  about  ten  for  cotton  and 
two  for  corn ;  so  that  one  hundred  hands  would  make  from  eight  hundred  to  one  thousand 
bales  of  cotton  ordinarily.     The  way  they  work  is  this  :  they  get  up  about  daylight  and  go 
out  to  the  fields  at  sunrise,  carrying  with  them  their  breakfasts,  or  leaving  it  to  be  carried 
out  to  them  by  the  children.     At  the  proper  time  they  are  allowed  a  half  an  hour  in  which  to 
cut  breakfast.     They  then  go  to  work  again  and  work  until  12  o'clock,  when  they  stop  until 

2  o'clock.     They  either  have  their  dinners  brought  to  them  in  the  fields  or  they  go  to  their 
quartos  for  them.     At  2  o'clock  they  begin  work  again  and  work  till  sundown.     On  Satur 
day  they  stop  work  at  noon,  and  do  not  go  to  work  again  until  Monday  morning.     Each 
negro  has  near  his  quarter  land  enough  for  a  garden ;  ani  if  they  want  to  plant  any  corn, 
they  are  allowed  some  land  further  off.     They  will  not  average  more  than  an  aero  each 
planted  in  that  way.     Some  of  them  cultivate  more  than  others.     They  are  allowed  to  raise 
corn,  but  not  cotton,  for  fear  that  they  may  be  tempted  to  steal  cotton  from  the  plantation. 
I  ought  to  say,  furthermore,  that  the  planter  or  his  wife  ought  to  have  some  knowledge  of 
medicine.     It  any  hand  is  reported  sick  to  the  driver  or  leader  of  a  gang,  he  is  immediately 
sent  to  the  house,  where  he  is  prescribed  tor  and  furnished  medicines  tree  of  charge ;  and  the 
furni>hii:g  of  medicines  is  ordinarily  a  pretty  considerable  item.     The  planter  should  be  able 
to  manage  ordinarily  cases  of  fever,  colds,   and  pneumonia.     The  hands  are  not  obliged  to 
work  when  they  are  sick,  but  they  are  supplied  with  provisions  as  usual.     Nor  are  they 
obliged   to  work  in.  the  rain;  if  it  comes  oil  to  rain  while  they  are  in  the  fields,  they  are 
brought  by  the  driveis  to  their  quarteis. 

Question.  Are  they  supplied  by  the  planter  with  clothing  and  rations  ? 

Answer.  They  furnish  their  own  clothing,  but  the  planter  supplies  them  with  rations. 
Their  rations  per  week,  are  Jour  pounds  of  pork,  which  they  like  as  fat  as  they  can  get  it,  and 
of  course  the  bt-st  poik  is  the  best  to  give  them ;  the  sides  are  given  them  because  it  satisfies 
them  better  than  the  other  parts,  being  mure  fat;  and  a  peck  of  corn-meal,  a  pint  of  mo- 
lasseg,  and  as  much  salt  as  they  require.  The  meal  is  ground  on  the  plantation  once  a  week, 


1 44  RECONSTRUCTION. 

so  that  it  is  furnished  to  them  fresh,  and  the  rations  are  always  issued  on  Saturday  afternoons. 
Every  plantation  must  have  a  store,  in  order  to  supply  the  wants  of  the  hands ;  sho. 
clothing  and  articles  of  food.  Sometimes  some  of  the  hands  will  ask  to  have  flour  issued  to 
to  them  instead  of  meal,  which  is  done.  But  generally  they  supply  themselves  with  what 
flour  they  want 'from  the  store,  and  with  sugar,  tea,  coffee  and  rice,  and  especially  with 
tobacco.  All  the  negroes,  old  and  young,  use  tobacco.  And  a  store  is  kept  on  the  planta 
tion,  so  that  the  hands  may  not  be  obliged  to  go  off  for  what  they  want.  So  far  as  I  havn 
observed  there  is  no  disposition  to  take  advantage  of  the  negroes  in  regard  to  prices.  I  in 
quired  in  Natchez  in  regard  to  prices,  and  I  found  that  the  negroes  would  have  to  pay 
more  in  the  retail  stores  there  than  they  are  charged  by  the  planters.  In  regard  to  wag.-.<, 
the  drivers,  of  which  there  must  be  one  to  each  gang,  one  over  the  ploughs,  and  the  stock 
driver,  receive  more  than  ordinary  hands.  Ordinary  hands  receive  from  ten  to  fifteen  dollars 
a  month,  and  rations;  fifteen  dollars  being  the  highest.  The  women  do  not  receive  so  much 
as  the  men;  they  receive  from  ten  to  twelve  dollars  a  month,  while  the  men  receive  faun 
twelve  to  fifteen.  We  first  commenced  with  twelve  dollars  for  first-class  hands ;  but  they 
thought  it  was  not  enough  and  wanted  more.  Such  was  the  demand  for  labor  that  all  the 
planters  raised  the  wages  up  to  fifteen  dollars  a  month.  That  with  their  food,  I  think,  is  fair 
wages.  In  ordinary  times,  when  cotton  was  at  former  prices,  say  ten  cents  a  pound,  or 
even  as  low  as  six  cents  a  pound,  as  I  have  seen  it  sell,  planters  could  not  live  at  such  v. 
But  they  can  afford  to  pay  these  high  wages  with  cotton  at  its  present  price.  And  then  tin 
risk  of  planting  is  very  considerable.  The  levees  are  not  now  in  good  order,  and  the  plan 
tations  are  liable  to  be  overflowed  at  any  time. 

Question.  What  is  your  opinion  as  to  the  necessity  of  the  Freedmen's  Bureau  or  soin- 
agency  in  Louisiana  at  this  time  ? 

Answer.  For  the  present  I  would  have  agents  of  the  biireau  stationed  in  Louisiana.  But 
I  am  not  much  in  favor  of  the  Freedmen's  Bureau;  I  think  that  the  negroes  can  take  care 
of  themselves  now,  for  I  do  not  think  there  is  much  disposition  to  oppress  them.  I  think  the 
bureau  might  very  well  be  dispensed  with  before  long,  though  I  would  retain  it  there  for  the 
present  year. 

Question.  Do  you  understand  that  by  the  laws  of  Louisiana  the  negroes  now  have  their 
civil  rights,  to  sue  and  be  sued,  to  testily  in  the  courts  and  to  hold  property? 

Answer.  Yes,  sir.  I  will  mention  a  case  to  you.  The  landing  for  the  plantations  I  have 
been  speaking  of,  on  Lake  Concordia,  was  in  Louisiana,  about  ten  miles  above  Natclu-x. 
The  river,  by  cutting  in  the  plantation  where  the  landing  was,  destroyed  the  levee  entirely, 
leaving  a  part  of  the  plantation  outside  of  the  new  levee  and  a  part  inside.  That  was  recently 
sold  by  General  York  to  some  fifteen  or  twenty  negroes,  who  are  working  it  for  thein.se !vrs. 
and  who  have  erected  at  the  new  lauding  a  storehouse,  where  they  receive  the  goods  ior  the 
plantations;  protect  them  from  the  weather  and  keep  them  until  the  planters  call  for  them, 
paying  compensation,  for  the  storage. 

Question.  What  do  you  find  to  be  the  disposition  of  the  negroes  in  regard  to  obtaining 
education,  and  what  provision  has  been  made  in  the  part  of  Louisiana  where  you  we. 
educating  the  children  of  negroes  I 

Answer.  The  negroes  are  exceedingly  anxious  to  obtain  instruction,  especially  for  their 
children.  Some  on  my  sou's  plantation  came  to  me  and  begged  me  to  have  their  children 
1  aught,  and  I  told  them  I  would  establish  a  school  there.  And  I  am  now  obtaining  from 
friends  in  New  York  books  to  take  out  with  me  for  that  purpose.  In  the  towns  the  Fived- 
men's  Bureau  have  established  schools  for  the  freedmen :  and  that  is  one  reason  why  I  should 
like  to  have  the  Freedmen's  Bureau  continued  for  a  while  longer,  for  they  can  carry  on  the 
schools  better  than  any  one  else.  Schools  have  not  been  established  on  the  plantations  in  the 
countr 

Question.  To  what  extent  do  the  negroes  understand  the  condition  of  affairs  in  the  country 
and  their  relations  to  the  government  of  the  United  States  ? 

Answer.  The  negroes  themselves  are  the  most  loyal  people  you  can  find  any  where  ;  th 
entirely  loyal.  They  love  the  government  of  the  United  States,  and  they  are  devoted  to  north 
ern  men,  although  they  have  been  badly  treated  by  some  of  them  who  went  down  there  origi 
nally  merely  for  the  purpose  of  making  money,  and  went  off  without  paying  them.  But  thaf 
is  not  the  case  now ;  there  is  a  better  class  of  men  there.  The  loyalty  of  the  negroes  is  not 
to  be  doubted  ;  they  recognize  fully  their  indebtedness  to  the  government  for  their  fnedom. 

Question.  Suppose  the  people  of  Louisiana  were  left  perfectly  free  to  select  the  men  »>! 
their  own  choice  to  fill  State  and  national  offices,  from  what  class  do  you  think  those  officers 
would  be  taken  / 

Answer.  They  would  be  taken  from  their  upper  classes.     As  a  general  rule  they  have  al 
ways  selected  their  most  intelligent  men,  and  that  would  undoubtedly  be  the  case  now,     I 
think  they  would  select  their  best  men,  regardless  of  whether  they  took  an  active  part  in  the. 
rebellion  or  not.     But  I  must  say  that  almost  all  their  best  men  have  been  engaged  i 
rebellion;  that  has  been  pretty  generally  the  case. 

Question.  Do  you  think  of 'anything  else  that  is  important  in  connexion  with  the  subject 
under  investigation  ? 

Answer.  No,  sir ;  I  think  you  have  asked  me  about  all  the  questions  that  relate  to  the 
subject. 


FLORIDA — LOUISIANA TEXAS.  145 

WASHINGTON,  April  9,  1866, 

Stephen  Powers  sworn  and  examined. 
By  Mr.  WILLIAMS  : 

Question.  Have  you  at  any  time  since  the  close  of  hostilities  been  in  Florida,  Louisiana, 
or  Texas  ?  If  so,  when  were  you  there,  where,  and  how  long  ? 

Answer.  I  arrived  in  Florida,  as  correspondent  for  the  Cincinnati  Commercial,  about  the 
middle  of  November  last.  From  that  time  until  the  first  of  March  I  was  in  Florida,  Louisi 
ana,  and  Texas  the  most  of  the  time. 

Question.  Did  you  visit  different  parts  of  those  States  ? 

Answer.  I  landed  at  Jacksonville,  Florida,  and  proceeded  by  rail  as  far  as  Tallahassee, 
where  I  remained  about  a  week.  Then,  making  that  place  a  sort  of  starting  point,  I  visited 
some  portions  of  the  State  of  Florida,  conversing  with  some  of  the  planters  living  in  the 
vicinity,  with  the  governor,  politicians,  and  people  of  general  intelligence  in  the  city  of  Tal 
lahassee.  Then  I  went  to  St.  Mark's,  and  from  thence  I  went  to  Louisiana. 

Question.  What  did  you  rind  to  be  the  general  sentiment  and  opinion  of  the  people  of 
Florida  as  to  the  late  rebellion,  and  the  present  condition  of  things  in  the  country  ? 

Answer.  When  I  was  in  Florida  the  sentiment  of  the  people  was  very  bitter  towards  the. 
government  of  the  United  States,  much  more  so,  I  think,  than  it  is  at  present.  The  people 
of  Florida  had  had  this  advantage  over  all  the  other  Confederate  States  :  they  could  boast, 
with  a  great  degree  of  truthfulness,  that  the  Union  armies  had  never  met  with  any  very  sub 
stantial  success  on  their  soil.  That  fact  they  were  inclined  to  a  great  extent  to  exult  over. 
JPhey  had  also  never  been  chastised  by  the  Union  armies  to  the  extent  that  the  citizens  of 
other  States  had  been ;  and  consequently  there  was  a  degree  of  boastfulness,  and  an  unsubmis 
sive  spirit,  to  a  greater  extent  in  Florida,  I  think,  than  I  saw  in  any  other  of  the  three  States 
that  I  have  mentioned. 

Question.  Were  you  there  in  Florida  while  any  elections  took  place  there,  or  while  any 
convention  was  held  there  ? 

Answer.  The  reconstruction  convention  had  adjourned  when  I  got  there  ;  I  was  there 
when  an  election  took  place  for  members  of  Congress,  governor  and  other  State  officers. 

Question.  What  do  the  people  say  or  indicate  as  to  their  future  conduct  in  regard  to  the 
government  and  authority  of  the  United  States  ? 

Answer.  Some  of  the  people  were  very  discontented  and  seemed  to  feel  very  bitter  and 
exasperated,  and  were  disposed  to  sell  their  property  if  they  could  do  so  at  any  reasonable 
rate,  and  leave  the  country  for  Mexico  or  Brazil.  But  the  better  and  more  substantial  por 
tion  of  the  people  were  disposed,  and  so  stated,  to  remain  in  Florida  and  "take  their  chances," 
as  they  called  it,  and  endeavor  to  become  and  remain  good  citizens  of  the  United  States. 
They,  of  course,  felt  hardly  in  regard  to  many  of  the  measures  that  have  been  adopted  by 
the  government,  and  so  expressed  themselves ;  but  I  believe  the  intention  of  the  influential, 
thinking,  and  substantial  portion  of  the  people  of  Florida  is  to  abide  by  the  laws  and  the 
Constitution  of  the  country,  and  endeavor  to  reconstruct  Florida  in  good  faith.  Those  who 
are  so  bitter  and  so  unreasonable  are  people  of  whom  Florida  could  well  be  rid ;  they  are 
not  an  honor  or  a  benefit  to  the  State  or  to  the  United  States,  and  they  are  greatly  in  the  mi 
nority  as  regards  numbers. 

Question.  What  position  did  these  people,  who  are  so  bitter  towards  the  government  of 
the  United  States,  occupy  during  the  rebellion  ? 

Answer.  They  were  mostly  people  who  had  not  been  in  the  army,  people  who  had  done  no 
fighting  ;  men  who  were  held  in  small  estimation  in  the  community,  who  had  done  nothing 
substantial  to  promote  the  success  of  the  rebellion.  The  fighting  men  of  Florida  are  the  best 
citizens  of  the  State  ;  they  yield  to  the  necessities  of  the  time,  and  accept  the  situation  with 
the  best  grace  and  in  the  most  good  faith. 

Question.  What  disposition  do  the  people  there  manifest  as  to  the  settlement  of  northern 
men  in  that  State  ? 

Answer.  The  people  of  Florida,  speaking  through  their  newspapers,  especially  are  dis 
posed  to  welcome  northern  men  to  their  State;  that  is  the  general  expression.  There  are 
many  instances,  however,  in  which  northern  men  are  treated  with  coldness  and  even  with 
contempt.  Their  theories,  however,  are  frequently  falsified  by  their  practices  ;  northern 
men  come  among  them,  and  at  first  are  treated  with  coldness,  and  not  received  into  society, 
and  are  even  insulted.  But  in  time,  if  they  abstain  from  political  discussions  and  employ 
the  ordinary  courtesies  of  life,  they  are  received  into  southern  society  and  treated  with  the 
respect  which  is  accorded  to  their  own  citizens.  I  have  known  very  few  instances  in  Flor 
ida  or  any  other  Stale  where  northern  men,  by  exercising  any  thing  like  only  a  decent  regard 
for  private  opinions,  could  not  remain  with  self-respect,  with  safety,  and  with  business  pros 
perity. 

Question.  Did  you  find  any  there  who  had  been  loyal  to  the  federal  government  during 
the  rebellion  ?  If  so,  how  many  ? 

Answer.  I  found  two  regiments  of  soldiers,  the  first  and  second  Florida,  and  one  company 
of  the  third  Florida,  who  were  being  disbanded,  and  who  were  good  and  loyal  men.  Besides 
those,  I  found  very  few  who  were  loyal;  Governor  Marvin  him.self,  a  citizen  of  Florida,  is 
decidedly  the  most  patriotic  and  noble  man  I  have  met  in  the  south.  Besides  those  few  per- 

10    F    L    T 


irrny,  citizens  of  Florida,  are  pretty  well  able  to  take  care  of  themselves.  They  are  stal- 
vart  men,  and,  in  many  cases,  took  their  muskets  home  with  them,  and,  I  think,  they  will 
>e  able  to  look  out  for  their  own  safety.  The  negro  population,  as  I  have  said,  is  not  dense, 

T    •  _    T i*i? ^.,1,3    w^AA/1    ±l-»  .rv  -.-v*./-»f/-»/^4-i/-k-%~»    0-rtVkvrlo/l    "Kir    flirt     •MTQcnn  r*o     f\£    ITnitP;]     St.nf.PS 


146  RECONSTRUCTION. 

sons,  I  recollect  to  have  seen  no  others  who  remained  in  Florida  during  the  rebellion  that 
could  lay  any  claim  to  having  been  loyal. 

Question.  Did  you,  while  travelling  through  that  State,  see  any  exhibitions  of  the-  national 
flag  or  any  evidence  of  attachment  to  it  anywhere  ? 

Answer.  I  saw  our  flag  at  various  posts  along  the  railroad  where  our  troops  were  .sta 
tioned  ;  I  have  seen  it  in  no  other  places  that  I  now  recollect.  It  was  not  to  be  expected 
that  it  would  be  raised  ;  there  was  no  particular  occasion  for  it  that  I  know  of.  I  have^seen 
the  flag  elevated  in  no  places  that  I  now  recollect,  except  where  it  was  done  by  national 
troops. 

Question.  Do  you  refer  now  to  the  three  Slates  which  you  visited  ? 
Answer.  I  referred  in  that  answer  more  particularly  to  Florida. 

Question.  What  is  your  opinion  as  to  the  necessity  of  preserving  a  military  force  in 
Florida  at  this  time  for  the  protection  of  loyal  men  and  the  maintenance  of  peace  and  good 
order  in  that  State  ? 

Answer.  The  necessity  for  the  maintenance  of  a  military  force  in  1  londa  has  nearly  passed 
away  ;  more  so  there,  I  think,  than  in  the  other  two  States  to  which  I  have  referred.  The 
negro  population  of  Florida  is  not  very  large ;  and  the  disbanded  soldiers  of  the  federal 
army 
wart 
be  ab.~ 

and  in"  sonieYocalities  would  need 'the  "protection  afforded  by  the  presence  of  United  States 
troops  ;  but,  I  think,  not  more  than  a  regiment  of  troops  will  be  needed  for  the  whole  State, 
distributed  in  three  or  four  places,  patrolling  the  country  in  small  parties,  under  the  charge 
of  a  trusty  sergeant ;  that,  I  think,  would  afford  all  the  protection  necessary.  Their  mere 
presence  would  be  sufficient  in  most  cases. 

Question.  Did  you,  while  in  Florida,  hear  of  any  cases  of  lawlessness  or  violence  com 
mitted  by  returned  rebel  soldiers  or  others,  who  took  part  in  the  rebellion,  on  Union  men  or 
on  the  blacks  1 

Answer.  There  was  one  case  of  the  kind  occurred  at  Quincy,  but  I  did  not  learn  very  a< 
curately  what  were  the  particulars,  and  therefore  I  cannot  state  them  fully  and  reliably, 
was  a  difficulty  occurring  between  negro  troops  and  the  citizens  of  the  place.     A  negro  sol 
dier  had  received,  as  he  considered  it,  an  insult,  by  being  thrust  off  the  pavement.     In  re 
turn  he  fired  the  barn  of  the  offender,  which  caused  a  very  serious  disturbance,  and  it  was 
deemed  necessary  to  send  over  there  a  small  detachment  of  white  troops.     When  they  ar 
rived  there,  however,  the  disturbance  was  over,  and  nothing  serious  resulted  from  it.     One 
or  two  arrests  were  made,  and  with  that  the  matter  subsided.     That  is  the  only  difficulty  ot 
any  kind  that  occurred  while  I  was  in  the  State  that  I  heard  of. 

Question.  What  sort  of  people  would  now  be  elected  in  the  State  of  Florida  without  any 
interference  in  any  way  on  the  part  of  the  federal  authorities  1 

Answer.  The  people  of  Florida,  on  a  free  vote,  would  undoubtedly,  in  many  cases,  elect 
to  office  ex-officers  of  their  confederate  army ;  but  those  officers  would  not  generally  be  the 
original  and  rabid  secessionists  of  the  south,  but  rather  men  who  strenuously  opposed  seces 
sion  up  to  the  time  when  the  ordinance  was  passed,  and  only  yielded  to  it,  as  almost  every 
southern  man  of  prominence  did  yield,  through  the  influence  of  their  mistaken  belief  tlmt 
thev  owed  paramount  allegiance  to  their  State.  I  know  of  no  instance  in  Florida,  and  I  re 
mained  there  until  the  result  of  the  election  was  fully  known,  where  a  man  was  elected,  or 
could  be  said  to  have  been  elected,  on  his  merits  as.  a  secessionist  alone.  They  elected  men 
as  having  done  good  service  in  their  army,  as  having  been  capable  fighting  men,  but  not, 
I  think,  in  anvcase,  simply  because  they  had  advocated  and  promoted  secession;  and  J 
think  such  would  be  the  case  if  every  federal  soldier  should  be  withdrawn  from  t.ie  State. 

Question.  Did  you  hear  anything  said  there  by  the  people  about  the  payment  ot  the  rebel 
or  the  federal  debt,  or  about  compensation  for  slaves  who  have  been  emancipated  .' 

Answer.  The  popular  belief  in  Florida,  so  far  as  I  have  been  able  to  ascertain  it.  is,  that 
icy  will  never  receive  any  compensation  for  their  slaves  ;  though  I  may  say  that  a  majority 


f  the  people  think  that  they  should  be  compensated  for  them  ;  they  are  not  disposed  to  in- 
ist  on  it,  however,  and  sav  very  little  about  it.  In  regard  to  the  debt,  I  heard  very  little 
aid  in  Florida  compared  with  what  I  heard  in  Georgia,  The  mass  of  the  common  people, 


of  t 
sist  on 

said  in  Florida  compared    ,,+**+ r, 

however,  aiv  indim-ivnt  to  both  debts.     Indeed,  I  heard  this  theory  frequently  advanced 


beiuo-  compelled  to  pay  the  national  debt,  but  they  will  offer  no  serious  resistance,  at  least 
nones  in  most  cases,  which  will  require  the  presence  of  the  national  troops  to  quiet  it. 

Question    What  did  you  find  the  condition  of  the  freedinen  in  Florida  to  be  ! 

Answer.  When  I  was  in  Florida  the  freedmen  had  not  passed  through  the  ordeal  o 
Christmas  holidays,  and  their  condition  tlieu  was  not  favorable.     It  has,  of  course,  improved 
since,  though  I  cannot  state  from  personal  observation  what  it  now  is.     WiM«  I  was  there 
they  were  generally  drifting  about  the  country,-  doing  nothing,  gay,  improvident  and  thought- 


FLORIDA LOUISIANA TEXAS.  147 

less  in  regard  to  the  future.  And  tlie  people  were  discouraged  in  regard  to  them,  and 
thought  that  they  never  would  and  never  could  do  any  work  as  freed  men.  And  in  many 
cases  they  were  disposed  to  drive  them  off  their  plantations  in  disgust.  But  since  then  there 
has  been  very  great  improvement,  more  especially  since  the  holidays,  and  more  particularly 
iu  the  State  of  Texas. 

Question.  What  rights  did  you  find  the  white  people  of  Florida  disposed  to  give  to  the 
blacks  there  ? 

Answer.  The  people  of  Florida,  speaking  through  their  convention  and  their  newspapers, 
were  disposed  to  give  the  negro  the  right  to  testify  in  all  cases  where  one  of  his  own  color 
is  concerned.  And  a  majority  of  them  were  in  favor  of  allowing  them  to  buy,  hold,  and  dispose 
of  property,  and  sue  and  be  sued,  and  such  other  rights  in  that  respect  as  are  commonly  en 
joyed  by  white  men.  There  was  much  opposition  among  the  people  to  allowing  him  to  tes 
tify,  but  a  majority  of  them  were  in  favor  of  giving  him  that  right. 

'Question.  What  did  you  learn  in  reference  to  the  condition  and  opinions  of  the  people  of 
Louisiana  ? 

Answer.  I  was  in  New  Orleans  on  this  trip  only  two  weeks,  when  I  left  the  State,  having 
had  very  little  opportunity  for  observation  except  in  the  city  of  New  Orleans  itself.  I  looked 
over  the  country  newspapers  somewhat,  but  it  is  not  safe  to  make  very  extensive  inferences 
from  them. 

Question.  Did  you  see  much  evidence  of  the  existence  in  New  Orleans  of  the  old  rebel 
spirit? 

Answer.  There  is  a  great  deal  of  it  in  New  Orleans — the  old  spirit  of  aristocracy.  New 
Orleans  is  a  very  wealthy  city,  and  the  old  residents  there,  especially  those  of  French  blood, 
are  hostile  to  the  government,  bitterly  so,  and  exclusive  in  their  society.  That  is  more 
especially  true  of  the  French  than  of  the  American  residents.  The  American  residents  are 
entering  into  business  again,  and,  as  they  find  their  great  cotton  presses  and  warehouses 
filling  up,  and  their  streets  bustling  with  activity,  they  are  gradually  forgetting  their  old 
hatreds,  and  are  in  a  much  more  hopeful  condition  in  respect  to  political  matters  than  are  the 
French  portion  of  the  population.  The  French  are  exclusive,  reading  only  their  own  papers, 
and  are  behind  the  times,  and  almost  impervious  to  any  ideas  of  patriotism. 

Question.  What  should  you  judge  the  condition  of  the  black  people  to  be  in  the  city 
of  New  Orleans  ? 

Answer.  In  the  city  of  New  Orleans  the  blacks  are  doing  well  enough — much  better  than 
in  the  country.  In  a  great  city,  so  long  as  such  a  thing  is  necessary,  the  blacks  will  always 
secure  better  protection  than  in  the  country,  because  in  the  city  everything  is  done  openly, 
or  brought  very  directly  to  the  public  notice  by  means  of  the  daily  papers.  There  are 
always  abundant  witnesses  of  everything  done,  and  there  are  always  present  many  spectators 
from  the  north  and  elsewhere  who  will  see  that  whatever  is  necessary  is  made  known.  The 
negroes  in  New  Orleans,  therefore,  are  in  no  particular  danger  of  being  encroached  upon  and 
oppressed.  On  the  great  sugar  plantations,  however,  up  and  down  the  river  and  in  the  inte 
rior  of  the  State,  there  have  been  many  instances  of  cruelty.  The  negroes  in  New  Orleans 
are  so  entirely  at  liberty  to  do  what  they  please  that  they  held  an  election  for  a  delegate  in 
Congress  for  "the  Territory  of  Louisiana,"  as  they  termed  it.  They  polled  in  the  city 
19,000  votes,  and  did  it  without  molestation.  They  also  held  elections  in,  I  think,  twelve 
parishes  of  the  State,  and  I  heard  of  only  two  or  three  instances  where  insult  or  outrage  was 
offered  them  at  the  polls  in  those  parishes,  which  are  mostly  located  up  and  down  the  river. 
I  believe  that  in  those  parishes,  at  least,  the  negro  is  enjoying  a  very  considerable  degree  of 
substantial  freedom,  and  they  have  a  very  vigilant  monitor  in  the  city  of  New  Orleans  in  the 
New  Orleans  Tribune,  which  reports  thoroughly  all  injustice  done  to  them. 

Question.  What  did  you  ascertain  of  the  temper  and  disposition  of  the  people  of  Texas 
in  reference  to  the  general  government  ? 

Answer.  I  went  to  Texas  with  the  prepossession  that  most  all  northerners  have,  that  it  was 
the  worst  and  most  disloyal  State  in  the  confederacy.  Soon  after  I  arrived  there  I  took  pains 
to  make  an  extensive  collection  of  their  local  newspapers,  from  which  to  make  extracts  for 
newspaper  use  ;  I  was  much  pleased  to  observe  the  spirit  of  loyalty  which  was  displayed  in 
their  columns.  That  was  before  the  convention  met,  and  most  of  the  papers  were  engaged 


in  mapping  out  what  they  considered  to  be  the  proper  work  of  the  convention.  I  collected, 
I  think,  not  less  than  twenty  of  their  papers,  taking  them  at  random.  They  laid  down  a  pro 
gramme  for  the  convention  substantially  as  follows  :  to  repudiate  the  rebel  debt;  to  give  the 


negro  the  right  to  testify  in  all  cases  where  he  himself  was  concerned ;  to  declare  the 
act  of  secession  null  and  void,  and  of  course  to  declare  slavery  forever  abolished.  Three 
very  prominent  papers  in  the  State  advocated  the  ratification  by  the  convention  of  the  con 
stitutional  amendment,  and  also  to  some  extent  the  granting  of  suffrage  to  the  negro.  There 
is,  of  course,  a  large  amount  of  lawlessness  and  pillaging  rampant  in  that  State,  as  was  to  be 
expected.  It  is  estimated  that  there  are  10,000  men,  particularly  in  the  Red  River  counties 
in  northern  Texas,  stragglers  and  remnants  from  the  armies  of  the  rebellion  which  wore  bro 
ken  up  in  Arkansas  and  Missouri,  who  live  entirely  by  brigandage.  They  are  distributed 
in  those  counties  and  largely  throughout  the  State,  and  they  commit  many  of  the  outrages 
which  are  charged  upon  the  whole  people  of  the  State,  much  to  their  injustice.  There  is  a 
substantial  substratum  of  population  in  Texas,  as  in  every  State  ;  and  I  must  jrive  it  as  my 


148  RECONSTRUCTION. 

opinion,  as  my  profound  conviction,  that  Texas  is  a  better  Union  State  than  any  one  of  the  late 
insurgent  States.  There  are  40,000  Germans  in  and  about  San  Antonio,  and  60,000  Ameri 
cans  resident  in  the  Red  River  counties  who  arc  undoubtedly  and  uncompromisingly  loyal. 
And  there  were  in  the  constitutional  convention  thirty-one  good  and  true  Union  men.  I  had 
supposed  early  in  the  session  that  it  would  do  nothing  useful ;  but  I  learned  subsequently 
that  it  was  not  because  the  convention  was  more  disloyal  than  others,  but  for  the  contrary 
reason.  Other  conventions  east  of  the  Mississippi  river  had  presented  a  harmonious  front,  as 
they  call  it.  The  genuine  arid  honest  Union  sentimentof  those  conventions  was  so  weak, 
that  if  it  appeared  at  all  it  was  crushed  down  at  the  outset.  But  in  the  Texas  convention 
the  Union  men  were  sufficiently  numerous  to  carry  on  a  tremendous  conflict  for  noarly  two 
weeks,  endeavoring  to  secure  the  passage  of  measures  which  would  come  pretty  nearly  up 
to  the  northern  platform.  But  they  were  unable  to  carry  their  best  measures,  to  secure  the 
insertion  of  many  clauses  in  their  constitution  which  would  have  been  wholesome.  There 
were  thirty-one  men  in  the  convention  who  favored  the  admission  of  the  negro  to  testify  in 
all  cases  whatsoever;  and  seven  of  them  were  in  favor  of  negro  suffrage,  and  were  not  afraid 
to  advocate  it. 

Question.  Did  you,  while  in  Texas,  hear  of  many  outrages  committed  by  those  who  had 
been  rebels  upon  Union  men  and  negroes  ? 

Answer.  I  read  in  their  local  papers  of  a  great  many  instances  of  outrage  committed — not 
so  much  by  rebel  soldiers  who  had  remained  in  their  armies  until  after  the  surrender,  but  by 
deserters  and  skulkers.  And  I  must  say  that  among  them  were  deserters  from  our  own 
regular  army.  The  instances  of  outrage  of  this  kind  were  more  numerous  in  the  northern 
counties,  and  were  perpetrated,  in  the  majority  of  instances,  upon  Union  men,  although  the 
ex-confederates  came  in  for  a  very  respectable  share.  I  am  bound  to  believe,  however,  that 
these  outrages  are,  in  most  instances,  accomplished  for  other  than  political  reasons.  It  is 
done  simply  for  gain,  I  believe,  because  I  have  noticed,  aside  from  the  fact  that  ex-rebels 
were  also  murdered,  that  they  were  generally  men  possessing  property  who  were  waylaid  and 
murdered.  In  cases  where  negroes  were  the  sufferers,  the  difficulty  arose  generally  in  per 
sonal  quarrels,  in  which  the  negro  stoutly  resisted.  That,  I  think,  is  a  hopeful  indication. 
The  negro  is  rapidly  acquiring  that  independence  and  fearlessness  which  will  enable  him  to 
take  care  of  himself.  The  fact  that  in  no  case  was  there  ever  deliberate  whipping  without 
interruption  or  resistance,  but  in  all  these  cases  the  fighting  was  vigorous  and  carried  on  on 
both  sides  with  dangerous  weapons,  is  a  strong  fact. 

Question.  What  was  the  general  condition  of  the  colored  population  in  Texas,  so  far  as 
you  could  learn  it  ? 

Answer.  The  general  condition  of  the  colored  population  in  Texas  was  very  favorable.  I 
arrived  there  soon  after  the  Christmas  holidays,  and  I  found  the  process  of  contracting 
rapidly  going  on  under  the  auspices  of  the  Freedmen's  Bureau ;  and  when  I  came  away 
from  Texas  it  was  estimated  by  the  bureau  that  there  were  250,000  colored  people  in  the 
State  who  were  at  work,  for  fair  wages  in  most  cases.  It  is  also  estimated  by  the  same 
authorities,  that  there  are  now  100,000  more  negroes  in  Texas  than  there  were  in  1860,  in 
consequence  of  the  accumulation  of  them  in  the  State,  during  the  war,  from  other  States. 
And  the  fact  that  these  100,000  negroes  remain  in  Texas,  and  appear  to  be  little  anxious  to 
go  back  to  their  homes,  is  to  me  a  good  indication.  I  have  talked  with  many  who  came 
from  other  States  during  the  war,  and  I  asked  them  why  they  did  not  return  to  their  old 
homes.  They  said  that  they  were  getting  good  wages  in  Texas,  and  they  got  it  in  specie,  of 
which  the  negro  is  very  fond.  There  is  abundance  of  specie  in  Texas,  and  that  I  consider 
the  chief  reason  for  the  industrial  activity  in  that  State  above  that  of  other  States.  The 
Freedmen's  Bureau  has  put  under  contract  at  least  100,000  able-bodied  male  laborers,  I 
think,  since  the  Christmas  holidays.  In  one-third  as  many  cases  they  are  renting  land, 
which  I  consider  also  a  very  favorable  indication.  In  one  district  on  the  Brazos,  comprising 
two  or  three  counties,  they  put  under  contract  7,000  laborers,  including  their  families.  The 
fact  is,  that  throughout  Texas  the  negroes  are  at  work,  are  hopeful,  and  are  getting  their 

pay- 
Question.  What  is  your  opinion  as  to  the  necessity  or  utility  of  the  Freedmen's  Bureau, 
or  some  such  agency  in  the  States  you  have  mentioned  ? 

Answer.  The  Freedmon's  Bureau  is  still,  as  it  has  been,  a  necessity  in  those  States.  It 
Avas  a  necessity  particularly  in  the  months  immediately  following  the  close  of  the  war,  to 
secure  the  distribution  of  rations  among  both  the  refugees  and  freedmeu,  of  which  they 
stood  greatly  in  need,  and  without  which  many  thousands  would  have  perisho-i.  Last  fall, 
about  the  Christmas  holidays,  early  this  winter,  the  bureau  was  particularly  necessary,  and 
did  a  great  deal  of  good,  and  did  admirable  work  in  procuring  situations  for  hundreds  and 
thousands  of  negroes,  which  were  advantageous  both  to  them  and  to  the  planters.  The 
bureau  may  make  itself  useful  this  summer  and  next  fall  in  securing  a  proper  distribution  of 
the  crops  ;  for  that  reason  I  think  it  would  be  highly  important.  1  think  it  would  also  be 
necessary  to  continue  the  bureau  until  the  freedmcn  generally  have  entered  into  contracts 
for  the  year  1867.  After  that  I  think  the  necessity  for  the  bureau  will- be  removed.  Indeed, 
I  think  the  necessity  for  it  has  already  passed  away  in  the  State  of  Tennessee,  and  in  many 
portions  of  other  States.  As  I  have  said,  the  bureau  has  been  a  necessity  and  has  done  good 
work,  though  in  many  cases  it  has  fallen  into  the  hands  of  incompetent  and  speculating 


FLORIDA — LOUISIANA TEXAS.  149 

officers  who  made  it  a  by-word,  and  unnecessarily  obnoxious  to  the  people  of  the  State 
where  it  was  located.  Therefore  it  detracted  from  the  real  good  it  might  have  accomplished. 
The  bureau  is  particularly  odious  to  the  people  of  Texas.  Things  were  in  a  chaotic  state 
there  generally,  and  the  bureau  as  at  first  organized,  and  has  continued  for  a  great  while,  was 
rather  loose  in  its  organization,  and  rather  irresponsible.  And  many  things  were  done  in 
Texas  and  in  Florida,  also,  which  were  unnecessarily  odious  to  the  people,  and  discriminating 
in  favor  of  the  blacks.  Such  things  were  not  generally  in  the  shape  of  any  serious  oppres 
sions  ;  but  they  were  simply  petty  disregards  of  that  sentiment  which  the  southern  people 
entertain,  and  for  which,  I  think,  the  officers  with  wisdom  have  shown  a  little  more  charity, 
and  thus  have  added  to  their  usefulness. 

Question.  Did  you  find  that  the  negroes  in  those  States  had  any  comprehension  of  the 
issues  involved  in  the  late  war,  and  of  the  present  condition  of  things  in  the  country,  so  as 
to  understaad  what  was  right  and  what  was  wrong  in  political  matters  ? 

Answer.  Nine-tenths  of  the  plantation  negroes  are  living  in  a  state  of  brutish  ignorance, 
and  have  very  little  comprehension  of  the  issues  of  this  war,  beyond  the  mere  fact  that  they 
were  set  at  liberty  and  were  set  free.  The  house  servants,  the  hotel  waiters,  and  the  residents 
of  the  cities  are  much  more  intelligent,  and  in  many  cases  have  exhibited  a  very  commendable- 
degree  of  information  in  regard  to  the  issues  of  the  war.  I  think  I  might  say,  however,  that 
four-fifths  of  the  negroes  in  the  south  have  no  just  comprehension  of  the  franchises  and 
privileges  of  a  free  citizen.  But  there  has  been  much  improvement  in  that  respect  since 
the  Christmas  holidays.  I  think  I  have  never  known  of  any  more  complete  industrial  and 
social  revolution  than  was  accomplished  during  those  holidays.  Up  to  that  time  the  negroes 
had  been  thriftless,  gay,  improvident,  and  relying  on  what  they  confidently  expected,  the 
division  of  their  old  master's  property  at  that  time.  They  were,  however,  sorely  disappointed, 
and  for  a  time  were  discouraged  and  desponding.  But  they  very  soon  recovered,  however, 
in  consequence  of  their  natural  buoyancy,  and  have  applied  themselves  to  work  for  them 
selves  and  their  families  with  a  great  degree  of  industry.  They  have  by  this  time  a  pretty 
thorough  understanding  that  it  is  necessary  for  them  to  provide  for  themselves,  and  they  are 
setting  about  it  in  a  rude,  ignorant  way,  which  is  all  that  could  have  been  expected  of  them. 
As  for  the  right  of  suffrage,  and  in  many  cases  the  right  to  testify  in  courts,  they  have  the 
most  vague  and  shadowry  ideas.  I  conversed  with  many  of  them,  particularly  the  planta 
tion  negroes,  about  the  right  of  suffrage,  and  I  found  them  afraid  to  speak  of  it,  as  though 
it  was  something  which  was  not  to  be  meddled  with  by  them.  The  common  remark  among 
them  was,  that  they  did  not  know  anything  about  it,  that  "massa  had  never  said  anything 
to  them  about  it."  If  they  were  led  to  the  polls,  I  think  the  act  of  voting  with  them  would 
be  a  merely  physical  act,  and  that  it  would  be  accomplished  with  very  little  appreciation. 

Question.  Have  you  seen  the  proposition  laid  before  the  Senate  by  Mr.  Stewart  ? 

Answer.  Do  you  mean  the  proposition  to  grant  universal  amnesty  for  universal  suffrage  ? 

Question.  Yes. 

Answer.  I  have  seen  that  proposition. 

Question.  In  your  opinion,  what  would  be  the  action  of  the  people  of  the  three  States  of 
which  you  have  been  speaking  if  that  proposition  was  submitted  to  them  for  adoption  or  re 
jection  ? 

Answer.  I  think  the  people  of  the  south  generally  would  treat  it  with  slight  consideration. 
They  understand  pretty  thoroughly  that  they  already  have,  or  will  secure  in  the  end,  as  much 
amnesty  as  is  necessary :  and  they  would  consider  it  a  bargain  which  it  was  not  necessary 
for  them  to  enter  into.  I  think  such  a  proposition  would  accomplish  very  little. 

Question.  What  is  your  opinion  of  their  views  generally  in  regard  to  negro  suffrage  ? 

Answer.  I  need  not  tell  you  that  the  southern  people  are  almost  unanimously  opposed  to 
negro  suffrage.  That  opposition  is  founded  upon  the  old  prejudice  which  they  have  against 
the  negro,  and  upon  their  belief  in  his  unfitness  for  the  rights  and  privileges  of  citizenship  ; 
it  is  founded  on  nothing  more  reasonable  than  that.  I  think,  however,  indeed  I  am  quite 
certain,  that  if  it  could  be  made  positively  certain  to  the  southern  politicians  that  at  or  before 
the  next  apportionment  they  would  lose  upwards  of  twenty  representatives  in  Congress  un 
less  they  accorded  to  negroes  the  right  of  suffrage,  they  would  become  pretty  thoroughly  con 
vinced  that  it  was  a  necessary  and  proper  measure.  The  greatest  opposition  in  the  south  to 
negro  suffrage  would  be  found  among  the  lower  classes.  I  have  generally  found  that  when 
two  classes  are  opposed  in  feeling,  and  unequal  in  power  and  influence,  the  dominating  class 
is  hostile  to  the  inferior  class  just  in  reverse  proportion  as  it  is  elevated  above  it.  The  poor 
whites  of  the  south,  knowing  that  the  right  of  suffrage  is  the  principal  of  the  few  slight  bar 
riers  which  separate  them  from  the  negro  race,  will  cling  to  that  right  with  corresponding 
tenacity.  And  it  will  be  they  who  will  oppose,  and  insult,  and  oppress  the  negro  more  than 
all  others  when  he  presents  himself  at  the  polls. 

The  wealthy  land-owners  of  the  south,  however,  have  the  most  unbounded  influence  over 
the  negroes  now,  almost  as  much  as  they  had  when  the  negroes  were  their  slaves,  and  it 
seems  to  me  that  the  proper  approach  to  this  castle  of  prejudice  on  the  part  of  the  poor,  ig 
norant  whites  will  be  through  the  argument  and  persuasion  of  the  politicians  of  the  south. 
The  southern  politicians  have  no  insuperable  prejudice  against  negro  suffrage.  And  I  am  quite 
certain  that  if  it  is  made  plain  to  them  that  they  will  lose  representation  in  Congress  by  con 
sequence  of  not  granting  suffrage  to  the  negro,  they  will  soon  accede  to  the  demand,  and 


150  RECONSTRUCTION. 

convince  their  followers,  the  poor  people,  that  it  is  necessary  and  proper.  I  think  tlia 
Texas  will  be  the  first  of  the  late  Confederate  States  that  will  grant  suffrage  to  the  negroes. 
There  are  already  three  prominent  newspapers  in.  that  State  that  openly  favor  negro  suff'ra^-. 
or  perhaps  I  should  not  say  openly  favor  it,  Imt  whose  editors  are  in  favor  of  it,  and  who 
squint  towards  it  at  every  opportunity  when  it  is  sale  and  expedient.  One  of  those  papers 
is  the  Galveston  Bulletin,  the  organ  of  a  large  and  intelligent  class  of  people  in  and  about 
Galvestou.  Another  is  the  Southern  Intelligence,  in  Austin,  the  organ  of  Governor  Hamil 
ton,  and  having  a  circulation  of  nearly  2,UOU  copies  in  the  interior  of  the  State.  The  third 
is  the  San  Antonio  Express,  the  organ  of  the  German  population  that  are  to  be  found  in  and 
about  San  Antonio.  There  is  also  a  strong  sentiment  tending  in  that  direction  in  northern 
Texas,  and  it  would  only  need  the  leadership  of  a  few  brave  men,  such  as  Governor  Hamil 
ton,  Mr.  Taylor,  of  the  convention,  and  a  few  others  like  them,  to  carry  that  part  of  the 
State  and  the  German  population  in  favor  of  negro  suffrage. 


WASHINGTON,  May  17,  1866. 
Mr.  T.  J.  Mackey  sworn  and  examined. 
By  Mr.  HOWARD  : 

Question.  Where  do  you  reside? 

AnswTer.  In  Shreveport,  Louisiana. 

Question.  What  is  your  age  ? 

Answer.  I  am  35  years  of  age. 

Question.  Where  were  you  born  and  raised  ? 

Answer.  In  Charleston,  South  Carolina. 

Question.  What  was  your  occupation  during  the  late  civil  war  ? 

'  Answer.  I  was  captain  of  engineers  in  the  Confederate  States  service,  and  chief  engineer 
for  a  considerable  period  of  time  of  the  trans-Mississippi  department. 

Question.  What  was  the  extent  of  the  trans-Mississippi  department? 

Answer.  It  included  all  the  States  west  of  the  Mississippi  river.  At  the  time  of  the  sur 
render  I  was  on  the  staff  of  General  Sterling  Price. 

Question.  When  did  that  surrender  take  place? 

Answer.  About  the  27th  of  May,  18C5. 

Question.  Where  was  the  surrender  made? 

Answer.  The  terms  were  agreed  upon  at  New  Orleans  ;  the  surrender  was  made  at  Shreve 
port,  Louisiana,  to  Major  General  Canby,  of  the  United  States  army. 

Question.  Since  that  surrender  what  has  been  your  occupation,  and  where  have  you  been  ? 

Answer.  I  have  resided  the  greater  part  of  the  time,  since  the  surrender,  at  Shreveport, 
Louisiana.  At  the  time  of  the  surrender  my  family  was  residing  in  Lamar  county,  Texas. 
At  the  request  of  Brigadier  General  Veatch,  commanding  at  Shreveport,  I  accepted  the  ap 
pointment  of  special  provost  marshal  for  Lamar  and  adjoining  counties,  Texas,  in  order  to- 
check  the  bands  of  marauders  who  were  endangering  life  and  property  in  that  region. 

The  following  is  a  copy  of  the  order  making  the  appointment : 

[Special  Orders  No.  142.— Extract.] 

"HEADQUARTERS  NORTHERN  DISTRICT  OF  LOUISIANA. 

" Shrcccport ,  Louisiana,  July  24,  J8G5. 

*  *  *  *  *  *  *  *  *  *  * 

"6.  Captain  T.  J.  Mackey,  a  citizen  of  Lamar  county,  Texas,  is  hereby  appointed  a 
special  provost  marshal  for  Lamar  and  adjoining  counties,  with  power  to  arrest  all  criminals, 
and  to  call  upon  the  citizens  within  his  jurisdiction  to  assist  him  in  executing  the  laws  and 

orders  which  are  intrusted  to  him. 

#*###*•#*##* 

"  By  order  of  Brigadier  General  J.  C.  Veatch. 

••BENJ.  F.  MONROE, 
"  Captain,  and  A.  A.  A.  General." 

Question.  How  long  did  you  act  in  that  capacity  ? 

Answer.  About  seven  weeks.  I  collected  many  thousand  stands  of  arms,  several  hundred 
wagons,  and  many  hundred  mules,  &c.,  the  property  of  the  late  Confederate  States,  which 
were  delivered  to  the  proper  officers  at  Shreveport. 

Question.  In  virtue  of  the  surrender  ? 

Answer.  Yes,  sir;  this  service  was  rendered  by  me  because  I  believed  I  was  under  an  ob 
ligation  of  honor  to  render  it,  for  which  I  declined  compensation.  This  was  after  my  service 
as  special  provost  marshal. 

Question.  How  long  were  you  engaged  in  that  service  ? 


FLORIDA — LOUISIANA' TEXAS.  151 

Answer.  Nearly  tluve  months  in  that  special  service. 

Question.  To  whom  did  you  report  ? 

Answer.  At  first  to  the  officer  commanding  at  Shreveport,  and  subsequently  to  Major 
General  A.  J.  Smith,  commanding  the  western  district  of  Louisiana ;  while  engaged  in  that 
service  I  was  desperately  wounded. 

Question.  Will  you  state  the  circumstances  under  which  you  were  wounded  .' 

Answer.  On  entering  upon  the  duties  assigned  me  as  special  provost  marshal,  I  found  the 
general  sentiment  of  the  people  to  be  not  only  opposed  to  tl*e  government  of  the  United 
States,  but  bitterly  antagonistic  to  all  who  declared  themselves  as  willing  to  act  in  good  faith 
towards  the  government.  Good  faith  to  the  government,  in  the  judgment  of  the  people  at 
large  in  Texas,  meant  bad  faith  to  the  community.  I  made  a  number  of  arrests ;  among 
others  I  arrested  ten  persons  Avlio,  on  the  15th  of  February,  1862,  had  organized  and  pro 
ceeded  to  execute  some  eighteen  or  twenty  citizens  on  the  pretext  that  they  were  Union  men. 
As  I  had  not  the  force  at  that  time  to  forward  them  to  Shreveport,  and  as  the  friends  of  the 
murdered  men  declared  that  they  coiild  guard  these  persons,  I  turned  them  over  to  the  county 
authorities  of  Hopkins  county  for  trial,  and  they  were  incarcerated  in  a  strong  jail.  A  short 
time  after  they  were  incarcerated,  some  citizens  of  Hopkins  and  the  surrounding  counties 
collected  together,  forced  the  jail,  and  released  these  men.  The  charge  against  the  men  was 
the  arresting  and  hanging  or  shooting  a  number  of  citizens,  whose  names  were  given,  on  or 
about  the  15th  day  of  February,  1864 — citizens  who  had  committed  no  avert  act  against  the 
confederate  authorities. 

Question.  What  was  the  pretext  for  killing  those  citizens  ? 

Answer.  They  were  northern  farmers,  from  Illinois,  Indiana,  and  Michigan,  who  had 
come  into  Texas  in  1854,  It  was  alleged  that  they  had  declared  that  should  the  armies  of 
the  United  States  enter  northern  Texas  they  would  sell  their  crops  to  those  armies.  That 
was  the  allegation  against  them.  In  view  of  former  acts  of  that  character,  the  execution  of 
those  eighteen  or  twenty  men  was  deemed  a  very  mild  transaction.  From  the  9th  to  the 
29th  of  June,  1862,  in  the  county  of  Cook,  fifty-two  persons  were  executed  upon  the  gallows. 
I  have  ascertained  that  the  person  who  presided  over  the  execution  now  holds  some  office  of 
honor  or  profit  in  the  State. 

Question.  What  .is  his  name  ? 

Answer.  Colonel  Borland.  At  that  time  I  was  in  the  Indian  territory,  a  few  miles  distant, 
serving  upon  the  staff  of  General  Albert  Pike.  General  Pike  used  very  earnest  efforts  to 
prevent  those  executions  at  the  time,  and  his  own  life  was  endangered  by  those  efforts. 

Knowing,  therefore,  the  moral  status  of  the  people  of  that  section,  I  entered  upon  the  dis 
charge  of  the  duty  assigned  me,  in  June  last,  with  a  determination  on  the  one  hand  to  dis 
charge  fearlessly  my  duty  to  the  government,  and  on  the  other  to  act  with  such  justice 
towards  the  citizens  that  no  pretext  should  be  given  for  any  armed  organization  against  the 
authority  that  I  possessed.  I  was  solicitous  not  to  discredit  the  authority  which  had  given 
me  the  appointment.  I  was  too  mindful  of  my  own  antecedents  to  become  the  oppressor  of 
those  who  had  shared  the  sentiments  that  I  had  represented. 

I  found  the  people  exceedingly  turbulent,  and  disposed  to  treat  my  authority  with  con 
tempt.  Where  overt  acts  were  committed  in  violation  of  law  I  arrested  the  parties.  On  the 
8th  of  August,  1865,  a  party  entered  my  office  during  my  absence,  forced  my  clerk  out  of  the 
office,  and  shattered  my  desk  and  scattered  my  papers.  On  ascertaining  these  facts  I  pro 
ceeded  to  make  the  arrests  of  the  parties  engaged  in  the  transaction.  I  had  with  me  at  my 
office  a  detachment  of  ten  men  of  the  6th  Missouri  cavalry,  under  Captain  Russell,  formerly 
of  Kalamazoo,  Michigan.  That  was  a  detachment  that  had  arrived  to  escort  a  train  of  gov 
ernment  property  which  I  designed  sending  to  Shreveport. 

Captain  Russell,  with  four  men,  accompanied  me  to  make  the  arrest.  When  I  informed 
the  person  that  he  was  arrested,  he  at  first  threw  his  hand  to  his  pistol,  but  finally  concluded 
to  repair  to  my  office  at  the  instance  of  his  friends.  I  proceeded  to  examine  the  case,  called 
witnesses,  and  asked  the  prisoner  if  he  had  any  witnesses  to  be  summoned  in  his  behalf.  He 
replied  in  an  insulting  manner.  I  told  him  he  must  deliver  up  to  me  his  arms.  This  he  at 
first  declined  to  do,  but  finally  submitted,  and  his  pistol  was  placed  behind  my  desk.  While 
engaged  in  hearing  the  case,  the  father  of  the  prisoner,  a  man  noted  in  that  section  for  his 
great  physical  strength  and  brute  violence  of  his  character,  sprang  over  the  railing  in  front 
of  the  bar  and  struck  me  a  blow  upon  the  head  with  his  fist.  At  the  same  time  the  prisoner 
sprang  behind  me  and  seized  his  pistol.  By  this  time  there  was  a  mob  of  200  or  300  persons 
gathered  there.  The  officer  assigned  to  the  duty  of  aiding  me  in  the  execution  of  the  orders 
intrusted  to  my  charge  had  but  five  men  with  him,  and  he  was  either  forced  out  of  the  build 
ing,  or  he  became  alarmed  and  fled.  The  firing  then  commenced.  I  was  wounded  five 
times,  and  replying  to  the  fire,  I  killed  one  man  and  wounded  several  others,  one  of  whom 
afterwards  died. 

The  circumstances  are  detailed  very  fully  in  a  communication  from  the  commanding  officer 
at  Shreveport  to  Major  General  Cauby. 

Question.  If  you  have  that  communication  with  you  please  read  it,  and  furnish  a  copy  of 
it  to  the  committee  to  be  incorporated  in  your  testimony. 

Answer.  The  communication,  with  the  indorsement  of  Major  General  Canby  upon  it,  is  as 
follows  v 


152  RECONSTRUCTION. 

HEADQUARTERS  UNITED  STATES  FORCES,  SHREVEPORT,  LOUISIANA, 

Nor  ember  13,  1865. 

CAPTAIN:  Mr.  T.  J.  Mackey,  who  will  hand  you  this,  was  appointed  special  provost  mar 
shal  for  Lamar  and  adjoining  counties,  Texas,  by  General  Veatch.  In  the  discharge  of  his 
duties  under  this  appointment  he  was  assaulted  and  desperately  wounded.  In  defending  his 
life  against  an  attack  by  a  number  of  men,  while  in  the  act  of  trying  a  case,  and  in  his  own 
office,  he  killed  one  man  and  wounded  others.  For  this  he  is  threatened  with  a  criminal 
prosecution  in  Texas.  It  is  understood  that  efforts  are  being  made  to  induce  Governor 
Wells  ^to  deliver  him  to  the  authorities  of  Texas.  It  is  my  opinion,  and  was  also  the  opinion 
of  Major  General  Hawkins,  that  Mr.  Mac-key  discharged  his  duties  faithfully  to  the  United 
States  government,  and  was  fully  justified  in  killing  and  wounding  the  men  who  attacked 
him.  General  Hawkins  directed  me  to  hold  Mr.  Mackey  even  against  Governor  Wells's  de 
mand,  until  I  could  hear  from  department  headquarters,  being  satisfied  that  he  was  entitled 
to  protection  at  the  hands  of  the  government.  It  is  feared  by  Mackey  that  the  parties  inter 
ested  against  him  may  secure  an  order  from  General  Canby  on  an  ex  parte  statement.  It  is 
my  opinion  that,  if  the  civil  authority  of  Laniar  county  should  succeed  in  taking  him,  he 
would  be  murdered  by  a  mob,  or  by  the  verdict  of  a  prejudiced  jury.  I  base  this  opinion  on 
my  own  knowledge  of  the  sentiments  and  acts  of  the  people  of  that  community.  A  company 
of  cavalry  was  sent  by  me  to  bring  away  the  government  property  collected  by  Mr.  Mackey, 
and  to  escort  his  family,  who  were  threatened.  Two  of  the  company  were  murdered  in  cold 
blood,  and  in  open  day,  under  circumstances  that  marked  the  deed  as  one  of  extraordinary 
atrocity.  I  respectfully  ask  that  written  instructions  be  sent  me  as  to  the  course  I  shall 
pursue  in  the  event  that  Mackey  is  demanded  to  be  turned  over  to  the  civil  authority  of 
Texas.  I  respectfully  state  my  opinion  that  Mr.  Mackey  discharged  his  duties  as  provost 
marshal  faithfully,  honestly,  and  earnestly,  and  with  an  eye  single  to  the  interests  of  the 
United  States  government :  that  he  was  attacked  and  nearly  murdered  on  account  of  his  so 
discharging  his  duties ;  and  that  he  ought  to  be  defended  against  a  community  in  which  the 
life  of  no  man  is  safe  who  is  really  honest  in  his  devotion  to  the  Union. 

I  am,  captain,  your  most  obedient  servant, 

F.  M.  CRANDAL, 

Colonel,  Coimntindiijtr. 
Captain  S.  B.  FERGUSON, 

A.  A.  G.  Jrcstern  District  Louisiana. 

HEADQUARTERS  DEPARTMENT  OF  LOUISIANA, 

New  Orleans,  November  29,  1866. 
Respectfully  returned. 

The  parties  engaged  in  the  outrages  should  be  arrested  and  tried  by  a  military  commission. 

Mr.  Mackey  should  be  fully  protected,  and  if  the  troops  are  at  any  time  removed  from  Shivvo- 

port,  he  and  his  family  should  be  brought  away  with  them.     He  will  be  compensated  for  his 

services,  and,  until  he  is  entirely  recovered,  subsistence  will  be  issued  to  him  and  his  family. 

His  conduct  is  approved. 

ED.  R.  S.  CANBY, 

Major  General,   Commanding. 

I  will  state  that  I  have  declined  to  receive  any  compensation. 

Question.  Were  you  wounded  while  in  the  confederate  service? 

Answer.  Yes,  sir,  and  five  times  in  the  attack  upon  me  in  August  last ;  from  which  latter 
wounds  I  am  permanently  disabled.  The  surgeons  inform  me  that  I  can  never  recover  the 
full  use  of  my  leg,  in  consequence  of  the  injury  to  the  sciatic  nerve. 

Question.   Were  you  ever  wounded  at  any  other  times  than  those  you  have  mentioned  ? 

Answer.  I  was  wounded  in  Mexico,  during  the  Mexican  war,  at  the  battle  of  Churubusco, 
for  which  I  received  a  pension  from  the  United  States. 

I  would  state  here,  that  the  leader  of  the  assault  upon  me,  while  I  was  acting  as  an  officer 
of  the  United  States  in  August  last,  was,  in  consequence  of  that  assault,  elected  to  the  late 
convention  in  Texas,  over  his  opponent,  a  gentleman  of  high  character,  who  had  been  a 
member  of  the  convention  of  1861,  but  who  had  refused  to  sign  the  ordinance  of  secession. 

Question.  What  is  the  feeling  generally  of  the  people  ot  northern  Texas  towards  the  gov 
ernment  of  the  United  States,  and  what  has  been  their  feeling  during  the  war? 

Answer.  Prior  to  the  commencement  of  hostilities  in  the  late  war,  the  people  of  northern 
Texas  were  regarded  as  representing  the  sterling  Union  sentiment  of  the  State.  There  were 
but  seven  dissenting  voices  in  the  convention  of  Texas  that  passed  the  ordinance  of  seces 
sion,  and  all  seven  were  from  northern  Texas.  Since  the  war,  however,  the  feeling  has 
become  most  bitter  against  the  government,  on  account  of  the  emancipation  of  the  slaves. 
The  only  men  in  northern  Texas,  with  very  few  exceptions,  who  can  be  trusted  at  the  present 
time,  are  those  who  served  in  the  confederate  army.  I  attribute  that  to  tho  fact  that  men 
who  have  served  in  the  army  and  experienced  the  disasters  of  war  and  all  the  ills  incident  to 
a  soldier's  career  are  satisfied  with  the  experiment  they  have  made,  and  are  very  willing  to 
accept  the  liberal  policy  pursued  towards  them  by  the  government.  But  the  masses  of  the 
people,  never  having  felt  the  power  of  the  government,  scorn  its  clemency.  This  is  cspe  • 


FLORIDA LOUISIANA — TEXAS  153 

cially  tho  case  in  the  trails-Mississippi  department,  as  all  the  armies  of  the  United  States  that 
moved  against  the  confederate  forces  in  that  department  met  with  disasters.  This  feeling 
exhibits  itself  especially  towards  the  freedmen  in  that  section  of  country.  There  are  thirty  - 
three  counties  in  northern  Texas  where  slavery,  to-day,  is  as  absolute  as  it  was  ten  years 
ago,  and  aggravated  in  every  feature.  Formerly,  the  property  tenure  in  the  slave  softened 
the  treatment  of  the  master  towards  him.  Now  that  the  negro  has  ceased  to  be  property,  the 
restraint  of  self-interest  does  not  act  upon  the  unprincipled,  and  the  negro  is  denied  the 
rights  of  common  humanity.  I  have  experienced  this  in  the  case  of  negroes  that  I  formerly 
owned,  aud  those  I  have  employed  since.  I  should  have  engaged  in  planting  in  Texas,  or 
in  Louisiana,  if  the  government  gave  any  adequate  protection  to  the  freedmen.  Where 
freedmen  have  been  oppressed,  the  commanding  officers  in  that  region  have  taken  prompt 
measures  to  arrest  the  wrong-doers ;  but  the  paucity  of  the  force  in  the  trans-Mississippi 
department  prevents  the  thorough  police  of  the  country. 

Question.  Is  not  the  Freedmen's  Bureau  in  the  exercise  of  its  proper  functions  in  that 
region  ? 

Answer.  It  is  at  Shreveport,  Louisiana,  and  at  Marshall,  Texas,  the  adjoining  post,  forty- 
three  miles  distant ;  but  there  is  a  tier  of  thirty-three  counties  in  which  there  is  no  branch  of 
the  bureau. 

Question.  Are  those  the  northern  counties  of  Texas  ? 

Answer.  Yes,  sir ;  the  counties  lying  betyveen  the  thirty-second  and  thirty-fourth  parallels 
of  latitude,  and  the  ninety-fourth  and  one  hundredth  meridians  of  longitude.  The  counties 
embraced  in  those  lines  are  generally  designated  "northern  Texas."  In  that  region  no 
American  flag  has  been  seen  since  the  surrender.  The  people  of  northern  Texas  are  turbu 
lent  in  peace  and  recreant  in  war ;  there  are  some  honorable  exceptions.  The  same  charac 
teristics  prevail  to  some  extent  in  upper  Louisiana,  though  there  is  a  higher  order  of  intelli 
gence  there. 

Question.  How  do  the  former  slaveholders  treat  the  freedmen  ? 

Answer.  They  are  the  best  masters  now,  as  they  are  more  familiar  with  the  habits  and 
character  of  the  blacks.  I  have  observed  that  those  who  were  not  slave-owners  are  now 
the  most  rigorous  masters.  To  hire  freedmen  now  requires  a  large  fraction  of  their  capital, 
and  they  are  more  rigorous  in  exacting  their  labor.  The  freednieu  are  more  willing  to  work 
in  cities,  because  they  can  there  secure  better  protection  to  their  persons  from  the  better 
police  of  the  cities.  Negroes  can  be  liked  to  work  in  the  cities  at  a  very  considerable  frac 
tion  below  what  they  will  demand  to  work  in  the  country  districts;  not  that  the  labor  is  less 
severe  in  the  cities,  but  because  they  have  more  protection  there.  The  official  records  of 
Shreveport,  Marshall,  and  Jefferson,  during  the  last  eight  months,  will  abundantly  sustain 
the  statements  I  have  here  made. 

Question.  In  the  rural  districts  of  Texas  are  the  lives  and  property  of  the  freedmen 
secure  as  against  the  prejudices  and  feelings  of  the  people  ? 

Answer.  They  are  not;  they  are  very  far  from  being  secure. 

Question.  Have  you  heard  of  any  homicides  being  committed  upon  the  freedmeu  ? 

Answer.  Yes,  sir;  of  many. 

Question.  And  do  the  State  authorities  interfere  in  those  cases  ? 

Answer.  Wherever  the  case  is  brought  to  the  attention  of  the  civil  authorities,  action  is 
taken  so  far  as  to  issue  writs  of  arrest ;  but  it  is  almost,  if  not  quite,  impossible  to  secure 
the  necessary  testimony  to  convict  parties. 

Question.  Is  the  testimony  of  negroes  allowed  to  be  taken  in  the  civil  courts? 

Answer.  Under  the  amended  constitution  of  Louisiana  the  testimony  of  negroes  is  ad 
mitted  in  courts. 

Question.  Then  why  are  the  freedmen  peculiarly  exposed  to  injustice,  if  the  testimony  of 
blacks  is  admitted  in  trials  before  the  State  courts  ?  Is  it  because  of  the  prejudice  of  the 
people  there  against  the  race  ? 

Answer.  In  cases  where  negro  testimony  can  be  obtained  a  conviction  is  practicable;  but 
it  is  not  always  practicable  to  secure  that  testimony.  The  men  who  commit  these  outrages 
are  not  always  open  in  their  demonstrations.  The  assault  is  made  when  no  others  are  present : 
the  body  of  the  negro  is  found ;  the  evidence  of  his  murder  is  complete ;  but  the  doer  of  the 
deed  is  gone;  or,  at  least,  it  is  impossible  frequently  to  fix  the  crime.  There  are  no  doubt 
thousands  in  Louisiana  who  would  revolt  at  these  deeds  of  atrocity.  But  what  I  mean  to 
state  is,  that  the  prevailing  sentiment  is  so  adverse  to  the  negro  that  acts  of  monstrous  crime 
against  him  are  winked  at;  and  this  sentiment  will  increase  just  in  proportion  as  the  privi 
leges  of  the  negroes  are  extended. 

Question.  How  are  they  in  the  habit  of  treating  Union  men  in  Texas  and  Louisiana  ?  By 
Union  men,  I  mean  those  who,  all  along,  have  been  understood  to  be  opposed  to  secession 
and  friendly  to  the  maintenance  of  the  government  of  the  United  States. 

Answer.  They  are  under  ban  among  the  people.  This  antagonism  to  them  is  shown  by 
declining  to  accord  to  them  patronage  in  their  business,  and  sometimes  by  armed  opposition 
to  them.  A  postmaster  was  appointed  by  the  department  about  six  weeks  ago  for  the  town 
of  Natchitoches,  in  the  parish  of  Natchitoches.  Although  he  was  a  person  ol  good  moral  re 
pute,  a  mob  assembled  on  the  day  of  his  arrival  there  and  drove  him  from  his  office  on  the 
ground  that  he  had  been  a  Union  man. 


154  RECONSTRUCTION. 

Question.  Have  you  any  ground  to  suppose  that  any  portion  of  the  people  of  Louisiana 
and  Texas  still  entertain  .schemes  of  secession  and  rebellion? 

Answer.  I  think  that,  as  a  scheme,  that  idea  is  not  cherished.  What  I  mean  is.  that  per 
sons  do  not  confer  together  upon  propositions  of  (hat  character ;  but  I  believe  a  very  large 
fraction  of  the  people  do  look  to  secession  or  revolution  in  the  future  as  a  remedy  for  what 
they  deem  existing  evils. 

Question.  Suppose  the  people  of  those  States  should  again  have  the  power  to  manage  af 
fairs  in  their  own  way — in  short,  suppose  they  should  again  obtain  the  power  to  reduce  the 
negroes  to  slavery — would  they  do  it  ? 

Answer.  I  have  no  question  that  they  would.  But  I  think  the  idea  of  secession  will  never 
become  a  dominant  one  until  it  shall  receive  the  concurrent  support  of  the  States  of  the  north 
west.  That  is  the  impression  there— that  there  will  ultimately  be  secession,  but  that  it  will 
spring  up  in  the  northwest. 

Question.  What  peculiar  reasons  have  they  for  supposing  that  the  northwestern  States  will 
ever  place  themselves  in  that  attitude  ? 

Answer.  They  believe  that  the  reasons  will  be  commercial  or  financial  reasons  :  to  be  re 
lieved  from  their  proportion  of  the  general  burden  of  taxation  consequent  upon  the  national 
debt,  and  to  relieve  themselves  from  the  exceedingly  high  tariff  which  presses  peculiarly  upon 
their  products  ;  the  assumed  antagonism  between  the  agricultural  communities  of  the  west 
and  the  manufacturing  communities  of  the  east. 

Question.  Did  not  that  idea  prevail  very  extensively  among  the  southern  people  during 
the  late  war  ? 

Answer.  It  was  the  dominant  idea. 

Question.  How  then  did  they  account  for  the  fact  that  so  many  northwestern  boys  came 
down  to  pay  their  respects  to  them  ? 

Answer.  That  they  were  laboring  under  the  delusion  of  maintaining  the  Unjon. 

Question.  Then  they  looked  upon  the  people  of  the  northwest  as  a  deluded  people  ? 

Answer.  Yes,  sir ;  that  they  were  under  the  delusion  of  believing  that  they  were  maintaining 
the  Union.  And  they  also  thought  that  the  unfortunate  closing  of  the  Mississippi  river  tended 
to  bring  the  people  of  the  northwest  into  antagonism  to  them.  Among  intelligent  confederate 
officers  and  soldiers  the  idea  of  secession  is  defunct ;  but  there  are  those  who  shrank  from  the 
hazards  of  war  while  the  contest  was  in  progress,  who  now  display  a  remarkable  post  mortem 
chivalry.  But  those  who  discharged  their  duties  faithfully  in  the  confederate  army,  accord 
ing  to  their  accepted  code  of  honor,  whether  right  or  wrong,  since  surrendering  their  swords, 
are  not  carrying  daggers  under  their  garments.  A  good  confederate  soldier,  if  I  may  be  al 
lowed  to  apply  the  term  "good"  to  him,  can  be  trusted;  but  that  class  forms  but  a  small 
fraction  of  the  population  of  Texas. 

Question.  Suppose  that  the  United  States  should  be  engaged  in  an  obstinate  struggle  with 
a  foreign  nation,  for  instance  France,  England,  or  some  other  powerful  nation,  and  in  the 
course  of  the  war  it  should  become  apparent  to  the  people  with  whom  you  have  been  best 
acquainted  that  there  was  a  chance  for  them  to  secure  what  they  term  their  national  inde 
pendence  by  taking  up  arms  in  favor  of  the  enemy  ;  have  you  any  reason  to  suppose  that 
there  would  be  any  very  general  inclination  to  side  with  the  enemy  ? 

Answer.  I  am  satisfied  that,  in  regard  to  Texas,  the  actual  occupation  of  any  portion  of 
her  soil,  in  force,  by  the  enemy,  would  lead  to  a  general  declaration  against  the  United 
States,  not  with  the  view  of  forming  a  southern  confederacy,  but  of  securing  the  separate 
independence  of  Texas,  so  as  to  enable  her  to  resume  her  former  status  as  an  independent 
republic. 

Question.  Once  known  as  "The  Lone  Star  ?" 

Answer.  Yes,  sir  ;  that  was  the  dominant  idea  in  Texas  during  the  late  war — to  separate 
from  the  Confederate  States.  From  my  correspondence  with  my  kinsmen  and  other.--,  in 
South  Carolina  and  other  southern  States,  I  believe  the  spirit  of  adhesion  to  the  government 
of  the  United  States  is  stronger  in  the  cis-Mississippi  States  than  it  is  in  the  trans-Missis 
sippi  States,  because  the  former  States  have  felt  the  calamities  of  war,  which  scarcely 
touched  the  States  in  the  trans-Mississippi  department.  I  have  no  doubt  that  it  Would  bo 
especially  the  case  with  confederate  officers  and  soldiers  anxious  to  redeem  their  record,  that 
they  would  rally  to  the  cause  of  the  government  of  the  United  States. 

Question.  How  extended  was  your  acquaintance  with  the  popular  feeling  in  Texas  during 
the  war  ? 

Answer.  I  was  familiar  with  the  public  sentiment  there  :  I  made  frequent  official  visits 
there  ;  I  had  a  very  large  acquaintance  there ;  my  family  resided  in  northern  Texas,  and  I 
was  thrown  much  in  contact  with  troops  fromTexa<. 

Question.  Was  that  extensive  acquaintance  which  you  had  of  the  popular  feeling  in 
Texas  the  foundation  of  the  opinion  yon  have  expressed  of  the  inclination  of  the  people  of 
Texas  for  national  independence  ? 

Answer.  Yes,  sir ;  and  that  opinion  has  been  confirmed  since  the  surrender. 

Question.  You  served  in  the  army  of  the  United  States  in  the  war  with  Mexico  ? 

Answer.  Yes,  sir,  at  the  age  of  fifteen  ;  and  I  received  medals  for  my  services. 

Question.  How  came  you  to  enter  the  confederate  service  in  the  late  "war  ' 


FLORIDA LOUISIANA TEXAS.  155 

Answer.  Because  of  the  accepted  theory  of  iny  people,  that  the  allegiance  to  the  State  was 
supreme,  and  her  laws  should  be  obeyed  by  her  citizens. 

Question.  Where  did  you  receive  your  education  ? 

Answer.  At  the  military  academy 'of  South  Carolina. 

Question.  You  were  not  a  West  Point  scholar  ? 

Answer.  No,  sir  ;  I  was  a  civil  engineer  by  profession. 

Question.  What  position  did  you  hold  in  the  confederate  service  ? 

Answer.  I  was  appointed  a  captain  of  engineers,  February  15,  1H62. 

Question.  What  was  the  extent  of  your  authority  under  that  appointment  ? 

Answer.  For  a  considerable  period  of  time  I  was  chief  engineer  of  the  trans-Mississippi 
department.  Subsequently  I  was  chief  engineer  upon  the  staff  of  Lieutenant  General 
Holmes  and  General  Price.  Under  the  orders  of  the  authorities  at  Richmond  I  made  a  de 
tailed  reconnoissance  of  the  territories  of  the  Creek,  Choctaw,  and  Chickasaw  tribes  ;  a  re- 
connoissance  of  the  greater  portion  of  Arkansas,  a  portion  of  western  Louisiana  and  north 
ern  Texas.  Subsequently  I  was,  for  a  year  and  a  half,  chief  engineer  on  the  staff  of  Major 
General  Price,  until  relieved  from  duty  a  short  time  before  the  surrender,  when  I  was  as 
signed  to  duty  as  engineer  officer  at  Charleston,  to  aid  in  its  defence.  At  the  time  of  the 
surrender  the  maps  and  records  of  the  engineer  bureau,  and  many  of  the  records  of  the  ad 
jutant  general's  bureau,  of  the  trans-Mississippi  department  were  concealed,  it  is  charged, 
by  order  of  General  Kirby  Smith.  After  the  surrender  I  proceeded  to  make  search  for  those 
records,  and  discovered  some  of  them  in  June,  a  month  after  the  surrender,  and  the  re 
mainder  in  March  last,  which  I  delivered  to  General  Canby.  They  embraced  maps  and 
surveys  of  the  Rio  Grande  frontier,  of  the  coast  of  Texas,  and  of  the  districts  of  Louisiana, 
Arkansas,  and  the  Indian  territory,  and  the  plans  and  profiles  of  all  the  fortifications  in  the 
trans-Mississippi  department.  I  presume  they  have  been  transmitted  to  the  engineer  bureau 
in  this  city. 

Question.  Do  you  suppose  that  General  Kirby  Smith  intended  to  conceal  or  destroy  those 
maps  ? 

Answer.  The  current  statement  was,  that  it  was  designed  that  some  of  those  maps  should 
be  used  by  the  imperial  authorities  of  Mexico,  or  the  forces  of  the  French,  in  the  event  of  a 
war  between  the  United  States  and  France,  and  Texas  became  the  theatre  of  operations,  as, 
in  a  military  point  of  view,  would  have  been  most  probable. 

Question.  Smith  had  concealed  them  with  a  view  of  their  ultimate  transfer  to  the  French  ? 

Answer.  I  have  no  evidence  upon  that  point ;  but  that  is  the  current  opinion,  and  it  is 
mine.  I  deemed  it  an  obligation  of  good  faith  and  honor  that  that  property  should  be  de 
livered  to  the  commanding  general  of  the  United  States  forces  in  that  department. 

Question.  Where  were  they  found  concealed  ? 

Answer.  Portions  were  found  in  a  cellar  in  Shreveport,  and  portions  in  an  out-building, 
on  the  residence  of  persons  who  could  not  be  suspected  of  being  the  custodians  of  that  kind 
of  property. 

Question.  Did  you  ever  talk  with  Kirby  Smith  about  the  matter  ? 

Answer.  No,  sir  ;  I  have  never  seen  him ;  I  understand  he  is  now  at  Lynchburg,  Virginia, 
studying  for  the  ministry. 

Question.  You  acted  as  special  provost  marshal  under  General  Veatch's  orders  ? 

Answer.  Yes,  sir. 

Question.  Did  you  ever  receive  any  compensation  from  the  United  States  for  your  services 
under  that  appointment  ? 

Answer.  None  ;  I  declined  compensation.  My  expenditures  would  have  amounted  to  two 
or  three  years'  pay  of  a  captain  of  the  army  acting  as  provost  marshal.  I  organized  a  force 
of  fifty  men,  and  subsisted  and  foraged  them  at  my  own  expense  for  five  or  six  weeks. 

Question.  Have  you  been  reimbursed  those  expenses  ? 

Answer.  I  have  not  asked  to  be  reimbursed.  That  force  has  not  yet  been  paid.  In  my 
judgment  they  should  receive  some  pay,  for  they  acted  in  good  fcuth,  and  have  rendered 
themselves  odious  to  their  fellow-citizens.  The  fifty  men  were  drawn  from  five  or  six  coun 
ties.  It  required  a  very  careful  selection  to  get  such  as  would  be  good  and  true  men.  A  lew 
of  them  proved  false  to  their  duty,  but  very  few.  As  I  have  already  stated,  I  collected  many 
hundred  mules  for  the  government.  For  that  I  asked  no  compensation ;  but  I  received  from 
the  quartermaster  some  ten  or  twelve  mules,  not  as  a  compensation  for  my  services,  but  be 
cause  I  fancied  them.  They  were  worth,  probably,  forty  dollars  each. 

Question.  Have  you  any  further  statements  to  make  in  regard  to  the  treatment  of  freed- 
men  in  Louisiana  and  Texas  ? 

Answer.  Since  the  surrender  freedmen  have  been  tried  under  the  old  slave  code  of  Texas, 
convicted  under  that  code,  and  sentenced  to  the  penitentiary.  One  case,  the  most  prominent, 
was  that  of  Orange  Bray,  a  freedman  in  Lamar  county,  Texas.  He  was  charged  with  rais 
ing  an  axe  against  his  former  master,  who  shot  him.  He  was  subsequently  tried,  in  Novem 
ber,  1865,  by  the  judge  of  the  eighth  judicial  district  of  Texas,  convicted,  and  sentenced  to 
several  years'  imprisonment  in  the  penitentiary.  I  design  securing  his  release  through  the 
intervention  of  the  authorities  here. 

Question.  Was  the  assault  upon  the  former  master  a  wanton  and  unprovoked  one  ? 

Answer.  There  was  no  assault  upon  the  master.     The  fact  was  that  the  wife  of  the  freed 


156  RECONSTRUCTION. 

man  bad  been  very  cruelly  wbipped  for  insolence.  tShe  was  an  insolent  woman,  no  doubt.  Her 
husband  came  in  from  the  timber,  and  witnessing  the  cruel  whipping  given  his  wife,  he  pro 
tested  against  it,  declaring  that  he  was  free.  Upon  that  his  former  master,  William  Bray, 
ordered  him  to  strip.  The  negro  fled,  and  was  followed  up  by  Bray  and  two  others.  As 
they  were  about  to  overtake  him,  he  turned  upon  them  with  his  axe  and  warned  them  not  to 
approach  him.  He  was  shot  by  his  former  master  and  left  for  dead.  During  the  night  he 
recovered,  and  it  was  proposed  to  hang  him ;  but  the  citizens  protested  against  that,  arid  lie 
was  put  in  jail,  tried,  and  convicted,  as  I  have  stated.  I  made  careful  inquisition  of  the  facts 
of  the  case,  with  a  view  to  friendly  intervention  of  the  authorities  here.  The  facts  were 
brought  before  General  Canby  a  few  months  after,  and  I  presume  he  has  taken  action  thereon. 

Question.  Was  this  freedman  tried  before  a  jury? 

Answer.  Yes,  sir ;  and  the  jury  brought  in  a  verdict  of  guilty.  His  assailants  have  not 
been  tried,  or  even  arrested. 

(Examination  suspended  till  to-morrow.) 


WASHINGTON,  May  18,  I860. 
Mr.  T.  J.  Mackay  recalled,  and  examination  resumed. 

By  Mr.  HOWARD  : 

Question.  What,  in  your  judgment,  is  the  necessity  of  retaining  garrisons  in  Texas  and 
Louisiana  ? 


time, 
men 
able  in  that  section  as  murder. 

Question.  Do  homicides  frequently  occur  in  Louisiana  and  Texas  ? 

Answer.  Frequently,  both  among  the  whites  and  the  freedrnen. 

Question.  What  appears  to  be  the  great  cause  of  the  frequency  of  murders  there  ? 

Answer.  Homicides  were  frequent  in  that  region  before  the  war.  They  have  increased 
since  the  war  in  consequence  of  the  recklessness  and  demoralization  produced  in  society  by 
war,  and  the  facility  with  which  they  can  be  committed  now,  because  of  the  carrying  of 
arms  by  all  classes  of  persons. 

Question.  What  do  you  know,  or  what  have  you  reason  to  believe,  in  respect  to  maraud 
ing  parties  in  Louisiana  or  Texas,  or  elsewhere  within  the  department  in  which  you  have 
served  ? 

Answer.  Immediately  upon  the  announcement  of  the  surrender  of  the  confederate  forces 
bauds  of  men  organized  in  western  -Louisiana  and  northern  Texas — men  who  appeared  to 
cherish  a,  deadly  hatred  to  every  class,  especially  to  the  freedmen.  In  the  counties  of  Lainar 
and  Fannin  alone,  within  three  months  after  the  surrender,  the  feet  of  some  eighteen  or 
twenty  men  were  burned  with  a  hot  iron,  and  their  toe-nails  extracted  by  means  of  bullet- 
moukls,  in  order  to  force  them  to  reveal  where  their  treasures  were  buried.  This  torture,  was 
applied  to  some  persons  who  were  really  indigent.  In  some  cases  men  were  hung  and  women 
were  shot.  General  Canby  was  powerless  to  check  these  bands  because  of  the  paucity  of 
the  force  at  his  disposal.  Wherever  the  parties  could  be  reached  he  pursued  the  most  vigor 
ous  measures  in  regard  to  them.  Even  within  the  past  forty-five  days  a  detachment  of  thirty 
men,  sent  out  from  Shreveport  with  the  view  to  take  possession  of  certain  cotton  claimed  by 
the  United  States,  was  driven  back  by  an  organized  force  of  citizens  within  twenty  miles  of 
Shreveport. 

Question.  Do  these  criminal  motives  take  on  the  appearance  of  hostility  to  the  government 
of  the  United  States,  an4,  in  your  opinion,  is  that  hostility  the  prompting  motive,  or  is  it  a 
mere  disposition  to  plunder,  rob,  and  commit  rapine  ? 

Answer.  The  parties  engaged  in  robbing  have  no  defined  principles  either  for  or  against 
the  government  of  the  United  States ;  but  they  are  able  to  maintain  themselves  in  the  coun 
try  because  of  the  feeling  hostile  to  the  United  States  on  the  part  of  the  citizens,  which  pre 
vents  combined  action  against  these  marauders.  While  the  marauders  are  known  to  be 
ready  to  wield  their  power  against  those  who  represent  the  United  States,  they  have  no 
special  feeling  against  the  government  of  the  United  States.  The  mainspring  of  their  action 
is  plunder,  not  hostility  to  the  United  States. 

Question.  In  short,  they  are  very  little  better  than  the  ancient  "mosstroopers,"  so  called? 

Answer.  No  doubt  of  it.  There  is  a  class  of  citizens  in  western  Louisiana  and  Texas  who, 
while  they  have  been  desirous  to  discharge  their  duties  faithfully  to  the  government,  art- 
fast  becoming  hostile  to  it  in  consequence  of  the  illegal  acts  of  oppression  visited  upon  tln-m 
by  the  agents  of  the  Treasury  Department  and  of  the  revenue  service — oppressions  of  the 
most  monstrous  character.  Where  cases  of  oppression  have  been  reported  to  General  Canby 
he  intervenes  promptly,  but  it  is  not  always  expedient  to  forward  reports  to  him. 

Question.  State  some  instances  of  misconduct  on  the  part  of  federal  officials  who  are  act 
ing  under  authority  from  the  Secretary  of  the  Treasury,  and  give  as  broadly  and  plainly  as 


FLORIDA LOUISIANA TEXAS.  157 

you  please  your  own  ideas  of  the  conduct  of  those  officials,  and  what  is  the  real  ground  of 
complaint  against  them. 

Answer.  After  the  arrival  of  the  officials  of  the  Treasury  Department  in  western  Louisiana 
I  heard  frequent  complaints  made  of  their  exactions.  At  first  I  did  not  credit  those  com 
plaints,  as  the  office  is  essentially  an  odious  one.  Upon  further  and  diligent  inquiry  I  as 
certained  that  it  was  the  common  practice  of  the  agents  of  the  Treasury  Department  to  seize 
cotton  on  the  pretext  that  it  belonged  to  the  late  Confederate  States  ;  to  refuse  to  give  the 
party  who  owned  the  cotton  a  paper  designating  the  weights  of  the  bales,  and  subsequently 
return  to  the  claimant  the  same  number  of  bales  takeu  from  him,  after  abstracting  from  them 
the  third  or  half  of  the  cotton.  In  other  cases  Treasury  agents  would  refuse  to  respect  the 
permits  given  by  their  predecessors  to  ship  cotton,  but  exact  bribes  before  they  would  per 
mit  it  to  be  shipped.  In  other  cases  they  would  refuse  to  give  any  permits  whatever  to 
ship  cotton,  but  employ  certain  parties  to  buy  it  at  a  reduced  price.  For  instance,  on  the 
3d  of  April  last  Mrs.  Boyce,  of  Red  River  county,  Texas,  sold  her  four  hundred  bales  of  cotton 
for  seventy-five  dollars  a  bale — cotton  she  had  raised  since  the  surrender.  She  sold  it  at 
that  price  because  it  had  been  seized  by  a  Treasury  agent,  and  she  could  not  sell  it  other 
wise. 

Question.  Was  that  the  usual  price  of  cotton  in  that  region  ? 

Answer.  No,  sir ;  two  hundred  dollars  a  bale  was  the  market  price.  In  another  case, 
within  the  past  four  weeks,  in  Natchitoches  parish,  Louisiana,  a  Treasury  agent  has  been 
running  a  large  steamer  up  and  down  the  Red  river,  and  refusing  to  give  parties  permits  to 
ship  cotton  upon  any  other  steamer  than  that  one.  although  the  law  requires  the  agent  to 
remain  in  his  office  and  give  permits  to  all  parties  where  there  is  no  evidence  or  ground  of 
suspicion  against  the  cotton.  By  this  course  he  forces  parties  to  ship  their  cotton  on  that 
steamer  at  a  charge  of  five  and  six  dollars  a  bale,  while  other  steamers  charge  but  three  or 
four  dollars.  These  acts  are  performed  for  the  private  advantage  of  the  agent,  and  to  the 
injury  of  the  government,  because  the  citizen  refers  the  oppressive  act  to  the  government, 
and  not  to  the  unfaithful  agent.  And  it  becomes  the  pretext  for  turbulence  and  disorder, 
and  must  ultimately  weaken  the  hands  of  those  wht)  now  would  sustain  the  government. 

Question.  The  people  of  c.ourse  hold  the  government  morally  responsible  for  the  miscon 
duct  of  its  agents  ? 

Answer.  Yes,  sir;  ami  the  commanding  general,  too,  is  held  responsible,  because  the  peo 
ple  attribute  these  acts  to  the  government  at  large.  I  am  satisfied  that  but  for  the  high  con 
fidence  the  people  entertain  for  General  Canby,  as  the  commanding  officer  of  the  department, 
these  Treasury  agents  and  revenue  officers  in  western  Louisiana  would  long  since  have 
been  executed  by  the  mob.  But  the  belief  of  the  people  that  justice  would  be  eventually 
rendered  has  restrained  them.  Federal  officers  who  have  settled  in  western  Louisiana  since 
the  surrender  have  often  deliberately  proposed  to  the  citizens  to  arrest  and  execute  these 
agents,  who  oppress  all  classes. 

Question.  Have  you  reason  to  believe  that  full  information  has  been  given  to  the  Secre 
tary  of  the  Treasury  of  the  misconduct  of  his  agents  ? 

Answer.  I  believe  that  partial  information  has  been  given,  but  not  full  information  of  all 
the  facts.  There  are  no  mail  facilities  in  that  region,  and  only  those  parties  directly  inter 
ested  are  apt  to  communicate,  as  communications  must  be  sent  at  some  cost ;  and  but  few 
parties  are  familiar  with  the  necessary  routine  of  communication ;  and  they  prefer  surren 
dering  a  portion  of  their  property  to  the  inconvenience  of  awaiting  a  decision  of  their  case, 
and  possibly  running  the  hazard  of  a  decision  against  them. 

Question.  You  have  no  doubt  that  the  misconduct  of  the  cotton  agents  there  is  a  great 
grievance  to  the  mass  of  the  community  ? 

Answer.  Yes,  sir;  and  the  pretext  for  sedition  and  turbulence. 

Question.  Would  you  recommend  the  discontinuance  of  all  these  agencies,  and  Avhat 
would  you  substitute  in  their  places  ? 

Answer.  I  would  most  earnestly  recommend  that  the  duties  upon  the  cotton  upon  those 
great  streams  be  paid  at  the  place  of  export,  at  such  places  as  New  Orleans  and  Galveston, 
and  that  these  agents  should  not  be  distributed  over  the  country  in  every  parish  and  village. 
I  have  myself  been  a  witness  of  these  grievances.  A  few  weeks  since  several  planters 
residing  some  forty  miles  above  Alexandria,  Louisiana,  engaged  the  steamer  National,  a 
first-class  steamer,  to  take  their  cotton  to  New  Orleans  at  $3  per  bale,  or  less.  The  steamer 
pulled  up  above  the  falls  at  Alexandria  at  great  expense,  for  the  river  was  low ;  but  on 
arriving  at  the  point  where  the  cotton  was  collected  ready  for  shipment  the  parties  were  met 
by  an  agent  of  the  treasury,  who  declared  that  this  cotton  should  not  be  shipped  on  the 
National,  but  must  be  shipped  on  another  steamer,  the  Saratoga,  that  he  named.  Although 
the  cotton  had  paid  all  charges,  he  refused  to  give  a  permit  for  its  shipment  except  upon  the 
vessel  he  designated. 

Question.  Was  the  captain  of  the  National  ready  to  take  the  cotton  ? 

Answer.  Yes,  sir;  he  had  come  up  there  at  great  expense  for  that  very  purpose.  That  is 
one  of  many  cases ;  they  can  be  counted  by  scores.  The  witnesses  will  embrace  all  the 
steamboat  captains  upon  the  Red  river.  Another  case  that  I  witnessed  in  April  last  was 
this :  the  steamer  Doubloon  stopped  at  Alexandria  to  take  on  board  some  cotton  at  the 
request  of  the  owners,  who  had  paid  all  charges,  and  were  only  waiting  the  permit  to  ship. 


158  RECONSTRUCTION. 

The  revenue  agent  at  Alexandria  placed  a  sentinel  on  the  steamer,  and  refused  to  let  her 
t.ikc  on  the  cotton,  and  declared  that  it  should  be  shipped  on  board  other  steamers.  I 
reported  the  matter  to  General  Can  by,  -who  stated  that  the  officer  in  command  at  Alexandria 
should  have  promptly  arrested  the  agent  of  the  Treasury  Department.  General  Canby  has 
doubtless  taken  action  in  the  case.  General  Canby  informed  the  people  that  he  had  no  right 
to  revise  the  decisions  of  the  treasury  agents  as  to  the  title  to  property;  but  that  in  all  cases 
where  there  was  malfeasance  in  office  proven  by  sufficient  testimony  he  would  take  the 
responsibility  of  arresting  the  parties. 

Question.  Have  you  any  reason  to  believe  that  there  is  remaining  at  present  in  Louisiana 
or  Texas  any  considerable  quantity  of  Confederate  States  cotton  ? 

Answer.  I  think  there  may  be  confederate  cotton  in  northern  Texas,  but  the  amount  is 
exceedingly  small.  And  at  this  time  it  would  not  be  practicable  to  prove  the  title,  as  it  has 
doubtless  all  been  entirely  repacked.  I  think  that  the  confederate  cotlon  has  been  pretty 
thoroughly  drained  out  of  that  country,  and  also  that  large  quantities  of  cotton  to  which  the 
confederate  authorities  have  never  asserted  any  claim  have  been  appropriated  by  the  treasury 
agents  for  their  own  use  and  benefit. 

Question.  Have  your  means  for  information  in  this  respect  been  ample? 

Answer.  Yes,  sir ;  for  the  reason  that  I  have  many  friends  whose  cotton  has  been  seized,  and 
I  have  frequently  called  upon  the  treasury  agents  to  ascertain  the  reason  for  the  seizure.  In 
addition  to  that,  I  have  received  information  from  late  officers  of  the  United  States  army  at 
Shreveport  on  the  spot ;  and  I  have  sent  a  large  number  of  affidavits,  made  at  my  sugges 
tion,  for  the  purpose  of  being  transmitted  to  Major  General  Canby.  These  facts,  to  which  I 
have  referred,  are  notorious  in  the  country.  If  necessary,  I  can  give  the  names  of  a  long 
list  of  unimpeachable  witnesses  to  substantiate  my  statements.  The  practice  of  giving  to 
the  parties  discovering  it  one-fourth  of  the  cotton  seized  as  confederate  cotton  has  tended 
greatly  to  stimulate  this  system  of  fraud  and  oppression. 

Question.  That  is  the  compensation  given  to  the  informer? 

Answer.  Yes,  sir. 

Question.  Who  authorizes  that  ? 

Answer.  The  treasury  agents. 

Question.  By  authority  of  the  Treasury  Department  ? 

Answer.  I  do  not  know ;  that  is  the  universal  practice. 

Question.  Has  that  mode  of  compensating  existed  long  there  ? 

Answer.  Ever  since  the  surrender,  and  it  exists  now.  There  are  a  large  number  of 
planters  whose  cotton  plantations  are  now  lying  fallow,  the  planters  declining  to  plant  cotton 
for  fear  of  its  being  seized  by  these  treasury  agents. 

Question.  What  do  you  think  of  the  utility  of  the  Freedmen's  Bureau  in  Louisiana  and 
Texas  ? 

Answer.  I  regard  the  Freedmen's  Bureau  to  be  essential  at  this  time  in  Louisiana  and 
Texas,  for  the  welfare  both  of  the  freedmen  and  his  employer.  The  bureau  enjoins  upon  the 
freedman  a  proper  regard  for  his  obligations  as  a  laborer;  and,  on  the  other  hand,  enforces 
the  duties  of  the  employer  as  set  forth  in  his  contract  with  the  freedman.  It  furnishes  a 
speedy  remedy  for  grievances  on  the  part  both  of  the  employer  and  the  employed.  It  facili 
tates  decisions  upon  cases  that  arise  between  the  freedman  and  his  former  master ;  and  those 
decisions  are  generally  just,  and  have  regard  for  the  facts,  as  the  officer  of  the  bureau  is 
generally  a  subordinate,  and  would  not  dare  grossly  to  violate  justice  in  a  case,  as  he  knows 
that  his  conduct  will  be  subjected  to  a  speedy  revision.  I  have  employed  many  freedmen 
since  the  surrender,  and  have  experienced  great  benefit,  as  have  others,  from  the  operation  of 
the  Freedmen's  Bureau  in  that  section.  The  bureau,  also,  has  the  effect  of  repressing  idle 
ness  among  the  freedmen,  as  the  officer  of  the  bureau,  if  he  complies  with  his  instructions, 
will  incite  the  freedmau  to  honest  labor.  In  Louisiana  and  Texas,  where  no  branches  of  the 
Freedmen's  Bureau  have  been  established,  it  has  been  found  difficult  to  retain  the  former 
slaves  on  the  plantations. 

Question.  What  is  the  reason  of  that  ? 

Answer.  The  freedman  does  not  fully  realize  that  he  is  free,  unless  he  can  give  some 
practical  efiW't  to  his  freedom  by  going  to  the  Freedmen's  Bureau,  and  he  will  walk  there  if 
it  is  a  hundred  miles  off.  He  desires  a  new  record  as  a  freedman,  which  he  secures  there. 
And  I  would  regard  it  a  good  reason  for  giving  a  higher  rent  for  a  plantation  in  that  section 
of  country  that  there  was  a  branch  of  the  Freedmen's  Bureau  in  the  vicinity.  It  is  always 
n  cheap  method  of  authenticating  a  contract  between  the  employer  and  the  employed,  as  the 
fee  is  exceedingly  small — only  fifty  cents.  They  also  facilitate  contracts  with  freedmen  by 
furnishing  the  blanks  and  authenticating  the  contract. 

Question.  Do  you  discover  among  the  freedrneu  any  great  indisposition  to  labor  if  left  to 
themselves  ?  . 

Answer.  Now  there  is  not.  Freedmen  seek  employment,  and  secure  it  where  they  can 
find  protection ;  they  are  disposed  to  gather  in  villages,  towns,  and  cities  ;  the  reason  for 
that  is,  that  in  tlfe  city  they  have  the  protection  of  the  garrison  and  the  domestic  police, 
which  protection  they  do  not  have  in  the  rural  districts,  though  their  labor  in  the  city  is 
equally  severe  and  their  fare  much  worse  than  on  the  plantations.  At  first  great  idleness 
prevailed  among  the  freedmen,  and  they  were  averse  to  seeking  employment  or  receiving  it. 


FLORIDA —LOUISIANA TEXAS.  159 

The  reason  tor  that  was,  that  then-  pivvailed  among  them  an  impression,  in  part  correct,  that 
they  would  be  ted  at  the  various  depots  where  the  troops  were  stationed  ;  and,  moreover,  it 
waa  necessary  for  the  freedman  to  realize  that  he  was  free  by  the  fact  of  moving-  away  from 
his  former  domicile;  that  fact  they  have  now  ascertained  throughout  a  large  portion  of  the 
country. 

Question.  Do  they  now  work  readily  for  fair  wages  ? 

Answer.  Yes,  sir;  but  in  my  judgment  they  do  network  so  well  as  they  formerly  did ; 
will  not  perform  so  much  labor  per  day;  but  still  they  will  do  a  tolerably  fair  day's  work. 

Question.  Howr  are  they  in  their  domestic  habits,  so  far  as  the  domestic  virtues  are  con 
cerned  ? 

Answer.  In  western  Louisiana,  and  in  Texas,  the  free  dine  n  and  freed  women  very  generally 
ask  to  have  the  rites  of  marriage  performed,  and  are  exceedingly  desirous  that  the  marriage 
ceremony  shall  be  performed,  even  in  cases  where  the  parties  have  already  lived  many  years 
together.  Their  domestic  attachments  are  exceedingly  strong,  and  they  have  conceived  a 
desire  to  secure  a  higher  moral  status. 

Question.  Is  not  the  domestic  attachment  a  natural  trait  of  the  negro? 

Answer.  It  is  a  very  marked  feature  in  his  character.  He  is  more  gregarious  than  the 
white  man ;  and,  for  that  reason,  the  negro  in  western  Louisiana,  and  in  Texas,  and  indeed 
throughout  the  south,  will  more  readily  receive  employment  from  a  southern  man,  other 
things  being  equal,  than  from  a  northern  man.  Northern  men,  in  a  large  number  of  cases, 
in  investing  capital  in  the  south  seek  to  employ  only  able-bodied  men,  while  the  southern 
man  pursues  the  old  system  from  habit,  and  employs  entire  families. 

Question.  What  branches  of  education  do  the  negroes  most  readily  acquire  ? 

Answer.  They  acquire  a  knowledge  of  reading  and  writing  with  great  facility,  as  their 
imitative  faculties  are-very  strong  indeed;  and  the  negro  is  exceedingly  pious  in  disposition, 
and  prone  to  superstition,  and  becomes  a  devotee  very  readily  indeed. 

Question.  What  is  the  character  of  the  mind  of  the  negro  in  regard  to  acquiring  a  knowl 
edge  of  mathematics  and  other  exact  sciences,  and  in  regard  to  acquiring  a  knowledge  of  the 
mechanical  arts  ? 

Answer.  His  mechanical  genius  is  excellent;  that  is  the  experience  of  all  old  planters. 
There  are  negro  mechanics  in  the  south,  in  every  branch  of  the  mechanic  arts,  who  will 
compare  favorably  with  the  best  Avhite  mechanics.  They  have  a  very  strong  mechanical 
genius,  as  is  shown  by  the  facility  with  which  the  negro  boy  learns  to  make  a  basket,  or  a 
miniature  plough,  or  any  instrument  or  implement  used  about  a  plantation.  Their  facility 
for  learning  has  surprised  me  very  much  indeed. 

Question.  Have  they  an  equal  capacity  for  mathematical  studies  with  white  men,  in  your 
judgment?  . 

Answer.  So  far  as  I  have  observed,  they  have  not ;  though  the  experiment  has  never  been 
fairly  tried  within  my  observation.  Excellence  in  mathematics  depends  very  much  upon 
the  power  of  abstraction  which  the  mind  has.  The  negro  has  the  imaginative  quality  of  the 
mind  much  more  strongly  developed  than  the  abstract  quality.  A  development  of  this  power 
of  abstraction  may  spring  up  from  further  cultivation;  it  has  not  evinced  itself  in  any  marked 
manner  so  far. 

Question.  Are  the  negroes,  as  a  race,  friends  of  order  and  obedient  to  the  laws  ? 

Answer.  They  are  exceedingly  so.  That  is  especially  the  case  with  the  negroes  who  have 
served  in  the  federal  army.  Their  direct  contact  with  the  whites,  their  discharge  of  a  higher 
class  of  duties  than  those  assigned  to  mere  laborers,  has  tended  to  sharpen  their  intelligence; 
and  that,  together  with  the  habit  of  obedience  learned  in  the  army,  has  made  them  exceed 
ingly  valuable  as  laborers ;  and  they  will  now  command  higher  wages  than  those  negroes 
who  remained  on  the  plantations  during  the  war.  The  negroes  are  orderly  and  obedient. 

Question.  Has  there  been,  to  your  knowledge,  or  as  you  have  been  credibly  informed,  any 
general  disposition  during  the  late  war  among  the  negroes  in  the  Confederate  States  to  rise 
in  insurrection  against  their  masters,  and  to  organize  warfare  upon  them?  If  such  schemes 
have  been  entertained,  how  extensive  have  been  those  schemes  ? 

Answer.  I  believe  those  schemes  have  been  entertained.  In  fact,  it  became  my  duty  on 
one  occasion  to  suppress  a  scheme  of  that  character  in  northern  Texas,  which  I  did  without 
bloodshed.  But  I  think  those  schemes  were  not  very  general.  There  was  a  general  belief 
and  hope  among  the  negroes  that  the  armies  of  the  United  States  would  make  their  appear 
ance  and  supersede  the  necessity  of  any  immediate  action  on  the  part  of  the  negroes  for  their 
own  freedom.  I  am  satisfied  that  there  was  no  general  scheme  of  insurrection,  though  the 
h<»p,;  and  desire  for  freedom  were  very  general.  While  in  isolated  cases  there  were  slaves 
who  did  not  desire  their  freedom,  and  who  were  as  ardently  sectional  as  any  southern  white 
man,  the  general  sentiment  was  for  freedom.  The  negroes  now  have  quarrels  among  them 
selves  upon  the  question  of  rebellion  and  Unionism;  but  they  are  very  rare,  and  it  is  gen 
erally  a  feigned  sentiment  now.  On  the  15th  of  December  last  my  agent,  at  the  request  and 
under  the  influence  of  the  threats  of  the  authorities  of  Lamar  county,  Texas,  delivered  to 
them  000  Enfield  rifles  which  I  had  collected  as  agent  for  the  United  States.  The  plea  was 
that  they  were  needed  to  suppress  an  intended  insurrection  of  the  freedmen  of  that  section. 
And  on  this  pretext  the  freedmen  were  disarmed,  plundered,  and  many  of  them  killed.  On 
my  reporting  the  facts  to  General  Canby,  he  very  promptly  sent  an  order  to  the  commanding 


160  RECONSTRUCTION. 

officer  at  Shreveport  to  send  a  force,  if  necessary,  and  take  possession  of  the  arms,  provided 
they  were  not  delivered  up  on  his  demand,  at  the  expense  of  the  county  author'.: 

Question.  Did  he  recover  them  ? 

Answer.  1  have  been  informed  that  they  have  been  delivered  up  to  him. 

Question.  Suppose  the  Freedmeri's  Bureau  should  be  removed,  and  the  federal  troops 
withdrawn  from  the  late  insurrectionary  States,  and  the  affairs  and  interests  of  the  freedmen 
should  be  submitted  entirely  to  the  legislation  of  those  States,  what  would  probably  be  the 
result,  so  far  as  the  condition  of  the  freedmen  is  concerned  ? 

Answer.  In  my  judgment,  if  the  troops  were  withdrawn  and  the  Freedmen's  Bureau  re 
moved  from  the  States  south,  within  a  brief  period  the  gravest  disorders  would  result.  There 
would  be  local  insurrections  among  the  freedmen  to  assert  their  rights,  as  the  majority  of 
them  are  armed,  and  entitled  to  bear  arms  under  the  existing  laws  of  the  southern  States. 
It  would  result  in  bitter  feuds  and  the  destruction  of  the  freedmen. 

Question.  You  think  such  a  course  would  be  attended  with  bloodshed  ? 

Answer.  Yes,  sir,  and  very  swiftly ;  and  the  movement  against  the  freedmen  would  be 
instigated  chiefly  by  those  who  did  not  formerly  own  slaves. 

Question.  Why  would  they  be  the  principal  instigators  ? 

Answer.  Because  by  the  withdrawal  of  so  many  freedmen  from  occupations  exclusively 
agricultural  they  have  been  brought  into  competition  with  white  laborers,  mechanics,  and 
others.  This  in  my  judgment,  however,  is  but  the  temporary  effect  of  emancipation,  for  the 
impetus  given  to  internal  improvements  of  every  class  of  course  will  soon  furnish  ample  labor 
for  whites  and  blacks. 

Question.  The  case  I  supposed  was  this :  that  if  the  protection  of  the  national  government 
was  withdrawn  from  the  freedmen,  and  they  were  turned  over,  if  you  please  to  call  it  so,  to 
the  care  of  the  State  governments,  would  it  or  not  eventuate  in  a  general  bloody  warfare  be 
tween  the  two  races  ? 

Answer.  In  my  judgment  it  would  result  in  a  war  of  races,  however  well  disposed  the 
State  authorities  might  be  to  grant  protection  to  the  freedmen. 

Question.  Is  not  the  popular  prejudice  against  the  freedmen  in  those  States  so  strong  that 
in  a  very  short  time  it  would  influence  the  State  legislatures  to  pass  laws  looking  to  the  re- 
enslavement  of  the  blacks  ? 

Answer.  I  believe  no  scheme  of  that  character  is  contemplated,  because  it  is  mai;!:V-:ly  an 
impracticable  one. 

Question.  In  law  it  would  be,  I  know. 

Answer.  It  would  be  inexpedient.     The  want  of  the  necessary  power  to  maint;:;M  rach 
laws  in  antagonism  to  the  United  States  would  prevent  their  passage  ;  although  : 
tion  does  exist  in  many  quarters  to  pursue  a  course  of  legislation  of  such  a  character. 

Question.  At  all  events  the  general  result  would  be  extremely  injurious  both  to  tlie  v 
and  to  the  blacks  1 

Answer.  There  can  be  no  doubt  of  it.  It  would  result  in  the  very  gravest  disorders  and 
the  most  serious  obstructions  to  trade  and  production.  I  regard  the  garrisons  in  the  south 
as  a  very  wholesome  restraint  at  present. 

Question.  Are  there  any  causes  for  the  turbulent  spirit  displayed  in  Texas  and  Lor, 
besides  those  springing  from  the  emancipation  of  slaves  by  the  United  States  ? 

Answer.  In  addition  to  that  are  the  causes  I  have  already  stated — the  oppress! 
the  agents  of  the  Treasury  Department. 

Question.  Do  the  people  of  the  south  regard  the  result  of  the  war  as  decisiv  :  lit  of 

secession? 

Answer.  So  far  as  my  observation  extends  they  do  not.  They  regard  the  war  as  deciding 
the  question  of  the  expediency  of  secession,  but  as  not  touching  the  question  of  the  right  of 
secession.  In  my  judgment  the  term  "  secession"  will  be  very  cheerfully  abandoned  by  the 
people  of  the  south,  and  for  it  they  will  substitute  the  term  "revolution."  And  so  far  as  I 
know  the  temper  of  the  people  of  the  south — and  I  have  studied  it  carefully  both  before  and 
since  the  surrender — this  right  of  revolution  will  never  be  asserted  except  in  the  event  tit' very 
grave  oppression — oppression  that  would  come  home  to  the  business  and  bosom  of  every 
man,  and  that  would  not  need  the  arguments  of  politicians  to  make  it  rnani:* 
action  which  they  lacked  in  their  former  movement.  I  believe  a  very  strong  attachment  to 
the  nationality  of  the  United  States  exists  among  a  large  portion  of  the  southern  people  :  an 
attachment  to  it  because  it  invests  the  citizen  with  a  moral  dignity  in  foreign  lauds,  and 
throws  around  him  a  protection  in  his  own  land ;  a  nationality  that  by  its  stability  relieves 
him  from  the  hazards  of  a  revolution  which,  having  been  once  felt,  will  never  be  eucoui 
again  except  with  very  great  reluctance. 

Question.  What  has  been  the  extent  of  the  disastrous  reMiIts  and  destructive  consequ-.  i 
of  this  war  to  the  people  of  the  department  in  which  you  have'  been  ' 

Answer.   Eastern  Louisiana,  in  the  trans-Mississippi  department,  suffered  greatly 
the,  war  in  the  destruction  of  plantation  improvements,  private  dwellings,  and  the  seizure  of 
private  property  of  every  description.     Those  spoliations,  however,  were  in  a  great  me; 
coniincd  to  eastern  Louisiana.     Western  Louisiana  suffered  comparatively  little,  save  upon 
the  one  occasion  of  the  advance,  of  (uiieral  Banks.     Texas  lias  suffered  scarcely  am 
Arkansas   has  suffered  very  little  comparatively,  save  along  her  great  watt 


FLORIDA — LOUISIANA — TEXAS.  161 

people  of  the  trans-Mississippi  department  know  the  evils  of  war  in  a  great  measure  only  by 
repute,  and  I  deem  that  fact  as  accounting  in  some  measure  for  the  present  belligerent  tem 
per  of  the  people  of  that  section,  although  certainly  not  distinguished  for  the  very  material 
aid  they  gave  the  confederate  cause,  their  best  and  most  reliable  troops  being  in  the  cis- 
Mississippi  department. 

Question*  The  amount  of  property  destroyed  by  the  operations  of  the  war,  I  suppose, 
must  by  very  large? 

Answer.  Immense.  But  I  regard  the  moral  influences  of  the  war,  its*  supension  of  the 
wholesome  restraints  of  public  opinion  and  of  domestic  influences,  as  far  more  injurious  to  the 
people  than  the  mere  material  losses.  That  section  is  recovering  rapidly  from  the  suspension 
of  its  business  and  the  material  injury  done  its  fields  during  the  war.  A  great  impulse  has 
been  given  to  every  department  of  business  since  the  cessation  of  hostilities.  The  loss  of 
slaves  has  been  very  rapidly  compensated  by  the  increased  value  of  lands,  so  that  the  regret 
of  slaveholders  for  the  loss  of  their  slaves  is  very  materially  softened.  Northern  men  are 
introducing  improved  agricultural  implements  almost  unknown  in  that  section  before  the 
surrender,  and  projects  are  presented  for  the  construction  of  roads  from  points  eminently 
practicable,  but  never  before  dreamed  of.  The  whole  country  is  becoming  busy  with  these 
valuable  novelties  that  are  now  being  introduced.  As  an  evidence  of  the  want  of  thrift  in 
that  region,  I  would  state  that  four  weeks  ago  there  was  not  a  brickyard  in  the  vicinity  of 
Shreveport,  Louisiana,  the  largest  city  of  the  Red  River  valley.  With  immense  pineries 
within  five  miles  of  the  place,  lumber  was  $60  a  thousand  feet,  and  rents  were  enormously 
high,  because  of  the  want  of  the  necessary  materials  of  which  to  construct  buildings.  But 
that  difficulty  has  been  obviated  within  a  short  period  by  the  arrival  of  parties  who  are 
establishing  brickyards  and  saw-mills,  investing  in  lands  in  the  vicinity,  and  giving  an 
impulse  to  every  kind  of  business. 

Question.  Are  you  acquainted  with  Governor  Hamilton,  of  Texas  ? 

Answer.  I  met  him  some  years  ago  casually,  but  I  only  know  him  by  repute.  I  know 
him  as  a  prominent  actor  in  the  revolution  in  Texas. 

Question.  What  is  the  condition  of  public  education  in  Texas,  and  what  provision  has 
been  made  for  it  by  the  laws  of  Texas  ? 

Answer.  There  are  but  few  facilities  for  the  poor  to  receive  education  in  Texas.  I  do  not 
know  of  a  single  free  school  in  northern  Texas,  and  very  few,  if  any,  exist  in  the  State.  The 
late  convention  of  Texas,  I  understand,  has  made  very  fair  and  ample  provision  for  the  edu 
cation  of  the  whites.  In  western  Louisiana  there  is  the  same  paucity  of  facilities  for  the 
education  of  the  masses.  There  is  but  one  free  school  in  the  parish  of  Caddo,  in  which 
Shreveport,  the  great  mercantile  city  of  the  Red  River  valley,  is  situated,  and  that  school  is 
crowded  by  the  children  of  the  wealthy. 

Question.  The  poor  have  no  facilities  for  education  ? 

Answer.  No,  sir. 

Question.  Is  there  a  general  disposition  among  the  white  people  of  Texas  to  establish  free 
schools,  and  to  promote  the  spread  of  popular  education  ? 

Answer.  I  think  there  is  now,  though  in  Texas  they  have  given  but  little  attention  to  that 
subject.  But  there  is  such  a  disposition  indicated  now,  judging  from  the  remarks  of  the  press 
in  various  parts  of  the  State. 

Question.  How  do  they  look  upon  the  education  of  the  blacks  ?  Do  they  favor  it,  or  do 
they,  upon  the  whole,  rather  show  a  disposition  to  oppose  it  ? 

Answer.  Opinions  differ  very  widely  upon  that  subject.  Many  regard  the  education  of  the 
negro  as  tending  to  inculcate  in  him  principles  or  ideas  of  personal  advancement  beyond  his 
proper  status  as  a  laborer — as  a  mere  hewer  of  wood  and  drawer  of  water.  Others  think — 
but  those  who  hold  that  opinion  are  very  largely  in  the  minority — that  his  education  will 
make  him  a  more  intelligent  and  therefore  a  more  valuable  laborer ;  teach  him  the  advan 
tage  of  honorable  conduct  and  obedience  to  his  employer ;  that  his  moral  advancement  will 
proceed  side  by  side  with  his  intellectual  advancement ;  and  they  therefore  deem  it  not  only 
right  but  politic  that  he  should  be  educated.  This  opinion  I  know  is  entertained  by  persons 
who  before  the  war  owned  hundreds  of  slaves. 

Question.  What  is  the  character  of  the  negro  in  regard  to  the  acquisition,  preservation, 
and  enjoyment  of  property  ?  Does  he  love  money  as  well  as  the  white  man  ? 

Answer.  He  does  ;  he  is  especially  desirous  of  becoming  an  owner  of  land— the  proprietor 
of  a  little  estate.  So  marked  a  feature  is  this  in  his  character,  that  planters  before  the  war, 
but  more  especially  since,  invariably  set  apart  a  small  piece  of  ground  in  which  the  negro 
had  a  vested  title ;  though  not  in  fee-simple,  he  had  the  usufruct  of  the  tract,  and  regarded 
it  as  his  small  domain  with  a  great  deal  of  pride.  I  know  of  many  freedmen  who  have  pur 
chased  land  since  the  surrender — one,  two,  five,  ten,  and  even  twenty  acres.  Two  ot  niy 
former  slaves  have  purchased  land  in  Louisiana. 

Question.  There  is  a  general  idea  prevailing  at  the  north,  as  well  as  at  the  south,  that  the 
real  character  of  the  negro  is  so  trifling,  so  light  and  so  frivolous,  that  he  can  never  make  a 
man,  so  to  speak;  that  he  has  no  providence,  no  forethought;  that  he  has  no  faculty  for 
acquiring  and  keeping  property,  owing  to  the  frivolousness  of  his  nature.  How  much  sound 
ness  is  there  in  that  opinion  ? 

Answer.  I  think  the  negro  displays  the  same  want  of  thrift  and  providence  that  white 

11  F  L  T 


162  RECONSTRUCTION. 

persons,  with  no  more  education  and  social  advantages  than  he  has  had,  would  display.  I 
do  not  regard  his  thriftlessuess  as  an  essential  feature  of  his  idiosyncracy.  He  changes  his 
character  under  the  influence  of  association  and  education  as  the  white  man  does.  While  iu 
my  judgment  he  does  not,  possibly  cannot,  present  the  same  combination  of  mental  faculties 
and  power  to  achieve  results  in  the  higher  walks  of  science  as  the  white  man,  he  receives  his 
limited  education  with  as  much  facility  as  the  most  intelligent  white,  and  can  become  as 
useful  a  member  of  the  community,  for  all  practical  purposes. 

Question.  As  education  generally  advances  among  the  blacks,  and  their  social  condition 
becomes  improved,  do  you  not  anticipate  a  relaxation  of  the  intense  prejudice  now  existing 
against  the  race  ? 

Answer.  I  think  it  will'be  materially  softened  with  the  moral  and  mental  advancement  of 
the  negro.  In  my  judgment,  a  limited  suffrage  will  be  granted  to  him.  What  I  mean  by 
that  is,  that  after  what  will  be  deemed  a  just  probation,  the  more  youthful  among  the  negroes, 
on  arriving  at  age,  will  be  granted  the  right  of  voting,  connected  with  a  property  qualifica 
tion,  which  would  not  only  make  the  class  of  voters  a  more  select  one,  but  would  be  regarded 
as  a  reward  of  merit  and  thrift  and  providence,  if  the  qualification  were  not  placed  too  high. 

[Examination  suspended  till  to  morrow.] 


WASHINGTON,  May  19,  1866. 

Mr.  T.  J.  Mackey  recalled,  and  examination  continued. 
By  Mr.  HOWARD  : 

Question.  What  has  been  your  means  of  information  in  regard  to  the  condition  of  affairs 
in  the  Indian  country,  south  and  west  of  Arkansas  ? 

Answer.  In  the  spring  and  summer  of  1862  I  was  engaged  in  making  a  reconnoissance  or 
military  survey  of  a  part  of  the  territory  occupied  by  the  Cherokee,  Creek,  Choctaw,  Chick- 
asaw,  and  Seminole  Indians. 

Question.  What  is  the  condition  of  the  Indians  and  negroes  there,  more  particularly  the 
negroes  ? 

Answer.  At  that  time  I  think  there  were  some  10,000  or  12,000  negroes  in  the  five  nations, 
embracing  the  tribes  I  mentioned  in  my  last  answer.  Those  negroes  were  held  as  slaves, 
and  were  the  subjects  of  barter  and  sale  as  were  the  same  class  in  the  States  of  the  south. 
The  negroes  of  the  Indian  territory  present  a  much  lower  type  of  intelligence,  and  a  much 
lower  moral  status  than  the  negroes  of  the  southern  States,  for  the  reason  that  the  negroes  of 
the  south  have  been  constantly  brought  in  contact  with  a  higher  class  of  intelligence  than 
the  negroes  of  the  Indian  territory.  The  latter  class  of  negroes  have  acquired  the  thriftless 
habits  of  the  Indians.  But  their  condition  was  a  happy  one,  in  so  far  that  they  were  very 
rarely  overworked ;  but  they  lived  in  a  state  of  extreme  ignorance,  almost  barbarism. 

Miscegenation  was  very  rigidly  prohibited  by  the  laws  of  the  several  Indian  tribes  or 
nations.  The  punishment  of  an  Indian  in  the  Creek  country  for  cohabiting  with  a  negro 
woman,  for  the  first  offence  was  a  certain  number  of  stripes,  and  for  the  second  offence  the 
cutting  off  of  the  nose  and  ears  ;  and  the  negro  was  punished  with  stripes. 

There  are  schools  in  the  Indian  territories,  supported  by  funds  granted  by  the  government 
of  the  United  States,  at  which  the  children  of  Indians  were  and  are  educated ;  but  no  negroes 
or  the  children  of  negroes  are  permitted  to  enter  those  schools. 

In  the  Cherokee  country  very  nearly  two-thirds  of  the  population  are  of  mixed  blood — 
white  and  Indian — being  one-half,  one-quarter,  or  one-eighth  white  blood.  About  one-third 
of  the  population  are  full-blooded  Indians.  The  full-blood  Indian  gives  no  evidence  of  thrift 
or  advancement.  In  my  judgment  no  full-blood  Indian  has  ever  been  thoroughly  civilized, 
or  can  be. 

There  is  a  radical  antagonism  between  the  full-blood  Indian  and  the  half,  quarter,  or  eighth 
blood.  The  antagonism  is  greater  between  them  than  that  which  exists  between  the  full-blood 
Indian  and  the  white  man.  The  full-blood  Indian  does  not  trust  the  good  faith  of  the  mixed 
blood,  and  believes  that  he  has  degraded  himself  and  his  caste  by  the  union  with  the  white. 

In  the  Choctaw  nation,  however,  in  spite  of  the  severe  laws  against  miscegenation,  some 
of  the  chiefs  arc  crossed  with  African  blood.  And  in  the  Seminole  nation  several  of  the  most 
prominent  chiefs,  the  most  distinguished  in  war  and  in  council,  were  full-blood  negroes. 
These  Indians  were  in  alliance  with  the  late  Confederate  States  during  the  late  war. 

Question.   Of  all  the  tribes  you  have  mentioned  ? 

Answer.  Yes,  sir ;  they  entered  into  an  alliance  with  the  confederate  authorities,  which 
alliance  was  to  be  perpetual. 

Question.  Who  was  the  diplomatic  agent  of  the  confederacy? 

Answer.  General  Albert  Pike,  commissioner  to  all  the  tribes  upon  the  borders,  and  subse 
quently  brigadier  general  commanding  the  department  of  the  Indian  territories.  Treaties 
were  also  concluded  with  the  Caddo  and  Anodako  Indians,  with  a  portion  of  the  Delawares, 
and  with  several  bands  of  the  Comanches.  These  treaties  were  to  last  "while  water  runs 
and  grass  grows." 


FLORIDA — LOUISIANA — TEXAS.  163 

Question.  That  is,  perpetually  ? 

Answer.  Yes,  sir.  The  Comauches  were  bound  to  neutrality  simply — to  bear  arms  neither 
against  the  south  nor  against  the  north.  The  Comanches  occupied  the  western  border  of 
Texas,  frequently  extending  their  excursions  into  Texas,  and  sometimes  across  the  Rio 
Grande  into  Mexico,  and  bands  of  the  Comanches  come  down  to  the  western  borders  of  the 
Chk-kasaw  country,  in  the  Wichita  mountain  region. 

The  country  of  the  Five  Nations  is  exceedingly  fertile,  producing  cotton,  corn,  wheat,  and 
all  the  cereals  in  great  perfection.  It  abounds  with  iron,  lead,  and  copper,  in  their  purest 
forms.  There  are  also  abundant  oil  springs  everywhere  in  the  Cherokee,  Choctaw,  and 
Chickasaw  nations,  which  have  never  been  worked. 

But  the  chief  occupation  of  these  Indians  is  the  rearing  of  horses  and  cattle.  Compara 
tively  but  little  attention  has  been  paid  to  agriculture,  except  among  the  Cherokees,  who 
are  farthest  advanced  in  civilization. 

Question.  What  is  the  Indian  population  ? 

Answer.  Nor  far  from  70,000  to  90,000. 

Question.  Including  all  the  tribes? 

Answer.  Yes,  sir,  the  Five  Nations. 

Question.  Are  they  warlike  ? 

Answer.  They  are  ;  their  habith  are  martial,  because  they  are  engaged  largely  in  hunting. 
But  they  did  not  prove  very  formidable  in  the  field  against  modern  discipline,  and  the  very 
large  preponderance  that  artillery  bears  in  the  composition  of  armies  at  this  day ;  but  they 
rendered  some  service  to  the  confederate  authorities. 

Question.  About  how  many  warriors  did  they  furnish  to  the  confederacy  during  the  late  war  ? 

Answer.  In  July,  1864,  under  the  command  of  Brigadier  General  Pike,  they  had  in  the 
field  the  largest  organization  that  they  had  ever  furnished — some  7,000  or  8,000  men. 

Question.  They  furnished  then  about  one-tenth  of  their  entire  number  ? 

Answer.  Yes,  sir ;  all  classes  turned  out. 

Question.  How  were  they  armed  ? 

Answer.  With  the  ordinary  hunting  rifle,  and  with  single  and  double-barrel  shot-guns. 
Many  of  them,  however,  were  subsequently  armed  with  Enfield  rifles. 

Question.  Did  they  use  the  bow  and  arrow  and  the  tomahawk  at  all  ? 

Answer.  No,  sir ;  the  Indians  of  the  Five  Nations  have  abandoned  the  use  of  the  bow 
and  arrow.  In  some  few  cases  full-bloods  use  the  bow  and  arrow  ;  but  those  cares  are  very 
rare.  A  large  number  of  the  Comanches  still  use  the  bow  and  arrow,  but  they  were  not  in 
the  field  in  the  confederate  service. 

Question.  Were  those  Indian  warriors  employed  in  active  operations  against  the  United 
States  ? 

Answer.  A  small  portion  of  Cherokees  were  employed  at  the  battle  of  Elk  Horn,  where 
they  captured  a  battery,  and  subsequently,  early  in  the  fall  of  1864,  Indians  were  employed 
in  the  capture  of  a  federal  train,  with  its  escort,  on  Cabin  creek,  in  the  Indian  territory ; 
and  they  were  employed  on  the  18th  of  April,  1864,  in  the  capture,  at  Poison  Springs, 
Arkansas,  of  the  train  of  General  Steele,  commanding  that  district. 

Question.  How  did  the  Indians  treat  the  Union  prisoners  who  fell  into  their  hands  ? 

Answer.  At  Poison  Springs  it  was  found  extremely  difficult  to  control  the  Indians  wrhen 
the  battle  was  over,  though,  upon  the  opening  of  the  attack,  they  fell  back  in  great  confu 
sion  upon  receiving  a  volley.  The  force  that  made  the  attack  consisted  of  white  and  Indian 
troops  ;  about  2,000  Indians  on  the  extreme  left.  The  Indians  advanced  on  the  left  before 
the  signal  was  given,  and  were  met  with  a  volley  from  the  escort  of  the  train,  which  caused 
them  to  fall  back  in  disorder.  They  bore  but  a  slight  part  in  the  battle,  but,  after  it  was 
over,  they  moved  forward  and  began  to  kill  the  wounded,  who  were  chiefly  blacks,  for  the 
escort  of  the  train  were  black  troops.  The  Indians  were  checked  in  this  as  soon  as  practi 
cable,  for  they  would  have  killed  the  confederate  wounded  with  the  same  facility,  in  order 
to  secure  the  spoils.  Under  the  administration  of  General  Pike,  Indians  were  not  permitted 
to  maltreat  prisoners  ;  and  in  order  to  deprive  them  of  any  motive  to  maltreat  and  plunder 
prisoners,  General  Pike  offered  a  considerable  reward  for  every  prisoner,  man  or  woman, 
delivered  to  him  by  the  Indians,  which,  in  my  judgment,  saved  many  prisoners  from 
slaughter  at  the  hands  of  the  Indians,  as  they  brought  them  in  and  received  the  reward ; 
and  the  prisoners  were  invariably  treated  kindly  and  sent  beyond  the  confederate  lines  as 
soon  as  practicable.  The  Indians  practiced  cruelties  upon  the  prisoners  at  Elk  Horn,  which 
was  the  subject  of  a  correspondence  between  Major  General  Curtis,  of  the  Union  army,  and 
General  Pike.  General  Pike  disclaimed  authorizing  such  conduct,  and  took  measures  to 
discover  the  perpetrators  of  the  crimes  ;  measures,  however,  which  were  ineffectual.  At  the 
opening  of  hostilities  the  Cherokees  were  divided  in  sentiment ;  ultimately,  however,  about 
one-half  went  north,  and  the  other  half  remained  with  the  south. 

Question.  What  is  the  state  of  feeling  between  those  two  classes  of  Indians  ? 

Answer.  Very  hostile  and  bitter ;  very  violent.  In  my  judgment  the  difference  is  irre 
concilable,  as  the  Indian  is  a  very  hearty  hater  and  never  forgives.  I  have  had  opportuni 
ties  of  ascertaining  this  sentiment  since  the  surrender,  by  conferring  with  exponents  of  both 
sides  among  these  Indians. 

Question.  You  think  their  hostility  is  irreconcilable  ? 


1G4  RECONSTRUCTION. 

Answer.  Yes,  sir.  In  my  judgment  it  would  be  impracticable  for  them  to  reside  in  the 
same  country  together  without  a  very  large  garrison  to  preserve  the  peace. 

Question.  Were  these  Indian  warriors  in  the  habit  of  torturing  their  prisoners  after  cap- 
ure? 

Answer.  I  have  heard  of  a  good  many  cases,  and  know  of  three  cases  of  torture  prac 
ticed  upon  whites  ;  the  others  were  practiced  upon  Indians.     The  Indians  of  the  Cherokee 
nation  that  adhered  to  the  government  of  the  United  States  were  termed  Pin  Indians ;  those 
that  adhered  to  the  south  were  termed  the  Standuaitie  party.     When  they  _  take  each  other 
prisoners  in  battle  they  invariably  subject  them  to  torture,  to  the  dislocation  of  limbs,  the 
cutting  off  the  joints,  commencing  with  the  fingers  and  toes,  until  the  body  is  dismembered. 
That  was  practiced  by  the  full-bloods,  not  by  the  mixed-bloods. 
Question.  Did  they  inflict  these  tortures  upon  white  prisoners  ? 
Answer.  They  did  in  the  cases  of  three  confederate  soldiers  that  I  know  of. 
Question.  What  do  you  think  of  the  present  feeling  of  those  Indians,  who  served  the  con 
federate  cause,  towards  the  government  of  the  United  States  ? 

Answer.  I  think  that  their  feeling  towards  the  government  of  the  United  States  is  very 
friendly,  but  it  is  exceedingly  bitter  against  the  late  Confederate  States,  believing,  as  they 
do,  that  they  were  the  victims  of  a  fraud  when  they  formed  their  alliance  with  the  confeder 
acy.  In  the  cases  of  the  Five  Nations,  there  were  no  garrisons  of  the  United  States  then  occu 
pying  any  portion  of  their  territory.  Under  former  treaties  made  by  those  nations  with  the 
government  of  the  United  States,  it  was  provided  that  the  United  States  should  maintain 
garrisons  in  their  respective  tenitories  to  guard  their  Indian  allies  from  marauding  bands  of 
whites  and  wild  Indians.  Claiming  that  those  treaties  had  been  violated  by  the  withdrawal 
of  those  garrisons,  the  Indian  nations  felt  themselves  free  to  treat  with  what,  to  them,  was 
ostensibly  an  established  government  upon  their  border,  the  Confederate  States.  They  are 
now  pacific  and  amicable  in  their  disposition.  The  government  of  the  United  States  never 
stood  so  high  among  the  Indians  of  the  border  as  it  does  to-day,  because  of  the  evidence  of 
power  it  has  given  during  the  war.  Prior  to  the  war  the  borders  of  Texas  were  overrun  by 
bands  of  Comanches.  To-day,  on  the  remotest  borders  of  the  west,  the  Comanche  Indians 
tremble  at  the  prospect  of  a  war  with  the  United  States,  and,  for  the  first  time,  respect  its 
flag.  At  present  men  are  herding  their  stock  upon  the  borders  of  Texas,  in  regions  that  six 
years  ago  were  deserted  because  of  the  incursions  of  hostile  Indians. 

Question.  You  think  there  is  little  danger  to  be  apprehended  in  the  future  from  disturb 
ances  on  the  part  of  the  Indians  ? 

Answer.  None.  On  the  contrary,  I  think  that  a  very  efficient  force  to  check  the  wild 
tribes  on  the  borders,  should  they  at  any  time  prove  turbulent,  could  be  drawn  from  the  Five 
Nations  and  substituted  for  white  troops. 

Question.  Do  you  think  the  employment  of  these  Indian  forces  by  the  confederates  was  of 
any  real  advantage  to  the  confederate  cause  ? 

Answer.  It  was  a  negative  advantage,  by  preventing  them  from  effecting  an  alliance  with 
the  government  of  the  United  States,  and  thus  obviating  the  necessity  of  the  confederate  au 
thorities  keeping  a  large  force  upon  the  border  of  Texas  to  protect  it — an  advantage  only  so 
far  as  the  alliance  secured  the  peace  of  the  Texas  border  as  against  these  tribes.  They  were 
of  but  little  positive  value  as  soldiers  in  the  field  in  confronting  the  forces  of  the  United  States, 
for  they  invariably  met  with  disaster  upon  fair  fields,  and  were  only  effective  in  following  up 
victories  or  in  effecting  an  ambush.  Their  successes  were  very  small  during  the  war. 
Question.  They  were  wanting  in  steadiness  ? 

Answer.  Yes,  sir ;  they  are  an  unreliable,  thriftless  people.   As  soldiers,  they  come  you  know 
not  when  ;  they  go  you  know  not  where.     They  are  always  in  the  wrong  places  precisely  at 
the  wrong  times.     But  there  are  no  secessionists  among  them  now. 
Question.  Did  they  submit  to  military  discipline  with  any  alacrity  ? 

Answer.  No,  sir ;  and  they  practiced  the  habit  of  leaving  when  they  pleased,  although  in 
some  cases  they  would  get  some  of  their  friends  or  relations  to  take  their  places,  without  con 
sulting  their  commanding  officers.  They  would  periodically  disband  and  return  to  their 
homes  with  the  view  of  putting  in  their  com  crops,  and  then  return  to  the  army.  Many 
millions  of  dollars  were  expended  by  the  confederate  authorities  in  arming  and  equipping 
these  Indians,  and  in  foraging  and  subsisting  them.  It  was  found  impossible  to  induce  them 
to  serve  as  infantry.  They  were  all  cavalry,  and  very  inferior  cavalry,  too. 
Question.  How  are  they  as  marksmen  ? 

Answer.  Very  inferior.     I  never  saw  an  Indian  that  was  a  good  shot. 
Question.  Would  they  scalp  their  prisoners  when  they  took  any  ? 

Answer.  It  was  a  point  of  honor  among  Indians  never  to  scalp  others  of  the  same  tribe, 
though  they  would  practice  upon  them  the  most  monstrous  cruelties.  Nor  would  they  scalp 
a  white  man  in  the  presence  of  a  white  man,  because  it  is  deemed  a  very  grave  insult.  The 
Indian  believes  that  the  dead  go  to  the  happy  hunting-ground  as  he  leaves  this  world,  and 
the  body  of  a  warrior  is  not  complete  without  his  scalp,  his  badge  of  honor.  If  his  scalp  is 
taken  he  will  not  be  happy  hereafter,  because  that  symbol  of  his  honor  as  a  warrior  is  gone ; 
and  in  their  own  tribe  they  do  not  extend  their  malice  beyond  the  grave.  The  Indian  re 
sembles  the  white  man  chiefly  in  one  very  marked  peculiarity  of  his  character— his  want  of 
gratitude. 


FLORIDA — LOUISIANA — TEXAS.  165 

Question.  Is  there  any  gratitude  in  the  Indian  ? 

Answer.  Very  little. 

Question.  The  general  impression  is  that  the  Indian  has  rather  a  grateful  heart  for  favors. 

Answer.  Those  who  have  been  upon  the  frontier  will  not  indorse  that  opinion.  To  the 
white  man  the  Indian  shows  but  little  gratitude.  The  wild  Indian  deems  every  favor  ex 
tended  to  him  by  a  white  man  as  but  an  evidence  of  fear  or  weakness. 

Question.  Have  these  Indians  any  well-defined  ideas  concerning  property  ? 

Answer.  The  mixed  bloods  have;  but  the  idea  of  the  full-blood  Indian  is  a  very  ill-de 
fined  one.  The  ground  over  which  he  hunts  is  deemed  to  be  his  own.  He  has  no  idea  of 
titles  vesting  by  virtue  of  improving  lands.  The  Indians  of  the  Five  Nations  do  not  hold 
their  lands  in  fee-simple  ;  they  are  not  allowed  to  dispose  of  their  lands. 

Question.  How  is  the  transfer  of  lands  made  ? 

Answer.  A  party  is  permitted  to  hold  all  the  lands  he  improves  and  fences,  without  limita 
tion  as  to  the  number  of  acres ;  and  he  can  pass  his  title  to  the  improvements,  but  not  to  the 
land  itself. 

Question.  The  title  to  the  land  itself  remains  in  the  nation  ? 

Answer.  Yes,  sir.  It  is  to  be  hoped  that  that  system  will  not  be  continued,  so  that  there 
may  be  an  influx  of  white  population  in  that  region,  in  order  to  develop  the  mineral  and  ag 
ricultural  resources  of  that  country,  which  now  lie  dormant. 

Question.  What  is  the  custom  among  them  in  regard  to  the  right  of  holding  and  improv 
ing  lands  ?  Is  a  license,  or  any  similar  document,  given  by  the  chief  or  the  council  to  each 
individual  Indian  ? 

Answer.  A  record  is  kept  by  the  proper  officer  of  the  amount  of  land  claimed  as  improved, 
and  a  small  tax  is  paid — a  fee  for  registration. 

Question.  They  have  an  office  of  registration? 

Answer.  Yes,  sir,  and  other  offices.  Their  legislatures  meet  annually,  and  their  laws  are 
published  in  book  form. 

Question.  Will  you  describe  their  government  and  their  mode  of  legislation? 

Answer.  Their  government  is  republican  in  form.  Members  of  the  legislature,  an  upper 
and  a  lower  house,  are  elected  every  two  years,  I  think,  who  pass  local  laws  and  impose 
local  taxes.  For  instance,  by  the  laws  of  the  several  Indian  legislatures,  no  intoxicating  liquor 
is  allowed  to  be  sold  within  their  territories,  and  a  military  organization  is  kept  up,  termed 
the  "light-horse,"  as  a  police,  for  the  purpose  of  preventing  whites  from  bringing  liquor  into 
the  territory  and  disposing  of  it.  Those  local  legislatures  impose  taxes  and  fines.  In  cases 
occurring  between  whites  and  Indians — a  case  of  homicide,  for  instance — the  case  is  not 
triable  under  any  local  laws  of  the  Indian  territory,  but  in  the  nearest  United  States  district 
court. 

Question.  How  are  the  members  of  their  legislative  bodies  elected,  and  what  are  the  quali 
fications  of  an  elector  ? 

Answer.  That  they  shall  be  citizens  of  the  Indian  territory,  whether  white  men  or  red  men. 

Question.  Can  a  white  man  residing  there  vote  ? 

Answer.  He  can  if  he  is  a  citizen  of  the  territory;  and  he  can  become  a  citizen  immedi 
ately  by  marrying  an  Indian  woman  and  making  application,  which  is  invariably  granted,  or 
by  a  residence  of  one  or  two  years  in  the  territory  cud  making  improvements — by  becoming 
an  actual  settler. 

Question.  How  is  the  vote  taken  ? 

Answer.  By  ballot. 

Question.  And  in  the  organization  of  their  legislative  houses,  have  they  a  speaker  and 
other  officers  ? 

Answer.  Yes,  sir;  their  legislatures  are  modelled  after  the  legislatures  of  the  several 
States ;  and  they  have  a  territorial  secretary  and  treasurer,  the  treasurer  being  the  custodian 
of  the  several  funds  of  the  territory — the  school  fund,  &c. 

Question.  After  a  bill  has  been  passed  by  the  two  houses  how  is  it  approved — how  does  it 
become  a  law  ? 

Answer.  Each  nation  has  a  head  chief;  the  head  chief  of  the  Creek  nation  is  called  king, 
or  mico  ;  of  the  other  nations  they  are  termed  head  chiefs.  Among  them  are  men  of  very 
considerable  ability. 

Question.  Does  the  head  chief,  or  king,  of  a  nation  approve  the  bills  in  a  manner  similar 
to  the  governors  of  States  ? 

Answer.  In  addition  to  their  legislatures  they  hold  councils,  at  which  the  head  chief  pre 
sides.  These  councils  consider  questions  of  general  policy — the  applications  of  persons  to 
become  citizens ;  and  the  treaties  are  made  by  the  councils,  and  not  by  the  legislatures. 

Question.  And  a  bill  would  be  approved  by  the  head  chief  and  the  council  ? 

Answer.  I  suppose  so. 

Question.  Suppose  the  chief  and  council  dissented  from  the  provisions  of  any  bill? 

Answer.  I  know  of  no  provision  made  for  the  exercise  of  the  veto  power. 

Question.  Has  the  chief  or  council  power  to  alter  or  amend  a  bill  ? 

Answer.  No,  sir ;  they  can  suggest  or  recommend  alterations.     It  is  a  very  crude  system. 

Question.  Do  you  think  of  anything  further  to  state  in  regard  to  the  enslavement  of  the 
black  race  among  these  Indians  ? 


166  RECONSTRUCTION. 

Answer.  There  are  some  very  large  slaveholders  in  the  Indian  territories.  A  mulatto  is 
very  seldom  seen  in  the  country.  I  do  not  recollect,  with  all  my  experience  in  those  territo 
ries,  to  have  seen  two  mulattoes  there.  The  African  race  has  been  preserved  in  its  purity 
there. 

Question.  And  those  are  now  held  there  as  slaves  ? 

Answer.  Yes,  sir,  unless  their  status  has  been  recently  changed  by  some  treaty  of  which  I 
am  not  advised. 

Question.  How  do  the  Indians  regard  the  amendment  of  the  Constitution  abolishing  slavery 
throughout  the  United  States? 

Answer.  They  do  not  deem  it  applicable  to  them,  as  their  separate  and  independent  sover 
eignty  and  nationality  have  been  recognized  by  the  United  States,  ever  since  the  establish 
ment  of  the  government  of  the  United  States,  by  the  making  of  treaties  with  them  which  are 
ratified  by  the  Senate  of  the  United  States,  in  the  same  manner  as  treaties  with  any  foreign 
power.  But  there  is  among  the  Indians  a  very  general  willingness  to  abolish  slavery  at 
once,  provided  they  can  receive  a  moderate  compensation  for  their  slaves. 

Question.  The  fact  is,  that  at  present  they  do  hold  and  use  these  negroes  as  slaves? 

Answer.  Yes,  sir. 

Question.  And  treat  them  as  articles  of  transfer  and  sale  ? 

Answer.  Yes,  sir,  as  slaves  are  treated  in  all  countries  where  there  are  slaves. 

Question.  The  Indians  do  this  to  this  day  ? 

Answer.  Yes,  sir. 

Question.  And,  so  far  as  you  know,  they  do  not  regard  as  applicable  to  them  the  amend 
ment  of  the  Constitution  abolishing  slavery  ? 

Answer.  Not  at  all.  They  regard  themselves  as  foreign  nations,  as  independent  sovereign 
ties.  They  perceive  the  fact  that  the  exchangeable  value  of  the  slave  has  been  greatly  im 
paired  by  their  vicinage  to  the  States  of  the  United  States,  as  those  States  would  furnish  a 
secure  asylum  to  their  slaves  whenever  they  may  choose  to  leave  their  masters.  But  the 
slaves  there  are  very  well  contented.  They  are  treated  by  their  masters  with  great  liberality, 
and  upon  terms  approaching  a  perfect  equality,  with  this  exception,  that  the  owner  of  the 
slave  generally  does  more  work  than  the  slave  himself.  I  am  satisfied  this  statement  would 
be  sustained  by  any  number  of  negroes  taken  at  random  from  any  portion  of  the  Indian  ter 
ritory.  Their  attachments  to  their  Indian  masters  are  very  strong. 

Question.   What  has  become  of  Albert  Pike? 

Answer.  He  is  at  present  residing  in  Arkansas,  of  which  State  he  was'one  of  the  supreme 
judges  at  the  time  of  the  surrender. 

Question.  How  is  he  regarded  by  the  people  of  the  late  Confederate  States? 

Answer.  General  Pike  is  held  in  high  esteem  at  the  south  because  of  his  ability  as  a  scholar 
and  a  poet,  and  his  high  moral  character  as  a  gentleman.  He  wields  a  very  great  influence 
in  the  State  of  Arkansas,  and  is  regarded  by  the  Indians  as  their  friend  and  exponent.  It  is 
within  my  own  knowledge  that  he  accepted  with  very  great  reluctance  the  position  of  briga 
dier  general  in  the  confederate  service.  In  treating  with  the  Indians  on  the  border  his  aim 
has  always  been  simply  to  secure  their  neutrality,  that  they  might  not  be  used  on  either  side  in 
the  late  contest ;  and  he  has  always  worked  with  the  Indians  in  the  interest  of  humanity,  en 
deavoring,  as  I  have  already  said,  to  secure  prisoners  from  maltreatment  by  the  Indians,  by 
offering  rewards  for  the  safe  delivery  of  prisoners  to  him,  and,  since  the  surrender,  he  has 
been  assiduously  laboring  for  the  interests  of  the  government  of  the  United  States. 

Question.  Were  the  Indians  of  the  Five  Nations  at  all  unanimous  in  their  adhesion  to  the 
late  Confederate  States  ?  Please  state  the  facts  in  reference  to  that  alliance. 

Answer.  They  were  unanimous,  with  the  exception  of  a  fraction  of  the  Creek  and  Semi- 
nole  nations  that  went  north  at  the  beginning  of  the  contest.  In  May  of  1861  the  Cherokee 
nation  issued  a  declaration  of  neutrality  in  view  of  the  then  impending  war.  That  declara 
tion  was  concurred  in  by  the  confederate  authorities,  and  respected  by  General  McCulloch, 
who  was  then  upon  the  Cherokee  border  with  an  army  of  about  8,000  men,  composed  of 
Texas,  Arkansas,  and  Louisiana  troops.  They  maintained  this  neutrality  until  the  defeat 
of  the  United  States  forces  at  the  battle  of  Wilson's  creek,  Missouri,  in  the  month  of  August, 
1861 ;  they  then,  through  their  principal  chief,  John  Ross,  addressed  a  communication  to 
General  Albert  Pike,  commissioner  from  the  Confederate  States  to  the  Indian  nations,  and 
proposed  to  renounce  their  neutrality  and  enter  into  an  alliance,  offensive  and  defensive, 
with  the  Confederate  States.  General  Pike  effected  a  treaty  with  them  on  this  basis.  By 
the  terms  of  that  treaty  the  Confederate  States  agreed  to  pay  them  the  sum  of  two  hundred 
and  tifty  thousand  ('250,000)  dollars  cash,  and  to  continue  to  them  the  annuities  that  they 
had  received  from  the  United  States,  and  to  reimburse  them  for  the  loss  of  their  neutral  lands 
in  Kansas,  &c.  In  return,  the  Cherokees  were  to  furnish  all  their  able-bodied  men  for  ser 
vice  against  the  United  States,  provided  that  the  Cherokee  troops  were  not  to  be  ordered  out 
of  the  Cherokee  nation  without  thftir  own  consent.  Pursuant  to  this  treaty  a  Cherokee  force 
was  organized  under  the  especial  direction  of  John  Ross,  who  issued  a  declaration  of  war 
against  the  United  States  on  behalf  of  the  Cherokee  nation.  About  one  thousand  of  these 
Cherokees  were  present  at,  the  battle  of  Pea  Ridge,  or  Elkhorn,  in  March  of  1862.  They 
consisted  altogether  of  men  of  the  Pin  or  Ross  party.  At  night,  after  the  battle  was  done, 
they  moved  over  the  field  and  killed  and  scalped  the  wounded  of  the  federal  army.  In  July 
of  1862  Colonel  Wier,  of  the  United  States  army,  then  commanding  a  force  on  the  northern 


FLORIDA — LOUISIANA — TEXAS.  167 

order  of  the  Cherokee  country,  proposed  to  John  Ross  to  abrogate  the  treaty  entered  into 
by  the  Cherokees  with  the  Confederate  States,  and  invited  his  attention  to  the  fact  that  the 
Confederate  States  had  violated  that  treaty  by  withdrawing  their  forces  from  the  Cherokee 
country,  and  he  urged  the  Cherokees  to  enter  into  an  alliance  with  the  United  States,  and 
tendered  to  John  Ross  and  the  chiefs  of  the  nation  a  safe  conduct  to  Washington  and  return 
through  his  lines.  This  proposition  was  at  once  rejected  by  Ross,  who  declared  that  the 
Cherokees  were  bound  to  the  people  of  the  south  in  a  community  of  interest  and  sentiment, 
and  would  stand  or  fall  with  the  Confederate  States.  He  also  stated  that  the  Cherokees 
would  never  break  the  faith  of  treaties  to  ally  themselves  with  a  people  who  had  authorized 
and  practiced  the  most  monstrous  barbarities,  in  violation  of  the  laws  of  war.  This  reply 
was  forwarded  with  a  letter  explanatory,  by  John  Ross,  to  General  Pike,  who  was  then  about 
175  miles  distant,  with  the  confederate  and  Indian  troops,  in  the  Chickasaw  nation  near  the 
Texas  border.  I  read  the  reply  and  letter ;  they  were  delivered  to  General  Pike  by  a  son  or 
John  Ross.  About  three  months  after  this  reply  John  Ross  went  over  to  the  north  with 
about  one-half  of  the  Cherokee  nation,  embracing  the  larger  portion  of  the  full-blood  Indians. 
Many  of  them  entered  the  service  of  the  United  States,  and,  in  my  opinion,  it  would  have 
been  cheaper  for  the  government  to  have  fought  them  than  to-have  fed  them. 

T.  J.  MAC  KEY. 

NOTE. — Many  of  the  statements  and  opinions  which  appear  to  have  been  volunteered  by 
me  in  the  above  testimony  were  elicited  by  remarks  and  questions  on  the  part  of  the  com 
mittee,  which  have  not  been  noted  by  the  reporter. 

T.  J.  MACKEY. 


INDEX 


Page. 

Alabama,  testimony  relative  to — 

Major  General  E d ward  Hatch Part  III 6,7 

Brigadier  General  George  E.  Spencer 8, 9. 10 

Judge  William  H.  Smith 11,12,13 

J.  J.  Gries 13,14,15 

Major  General  G.  H.  Thomas 26,27,28 

Major  General  C.  B.  Fisk 29—31 

M.  J.  Safford 59—63 

D.  C.  Humphreys 63 — 67 

Colonel  M.  M.  Bane 75—76 

Lieutenant  Colonel  Hunter  Brook 113 — 116 

Major  General  B.  H.  Grierson 121—124 

General  W.  Swayne 138—141 

Captain  J.  H.Matthews 141—147 

General  C.  C.Andrews 147—149 

General  A.  J.  Chetlain 149—151 

A ndersonville  prison,  records  of— 

D.  Atwater Part  II 279 

Miss  Clara  Barton Part  III 104 

Arkansas,  testimony  relative  to — 

Mordecai  Mobley Part  III 16—22 

G.  H.  Kyle 48—56 

William  Byers 56—59 

Brigadier  GeneralJ.  S.  Brisbin 69 — 71 

E.  D.  Ayres 71—72 

C.  A.  Harper 72—75 

George  K.  Weeks 76—77 

Major  General  J.  R.  West 77—79 

William  D.  Snow 79—98 

CONSTITUTION  OF  ARKANSAS 84 

Major  J.  W.  Smith 98—100 

S.  R.  Harrington 119—120 

Colonel  C.  A.  Harry 124—129 

General  C.  C.Andrews 147—149 

GeneralJ.  G.  Blunt 151—153 

J.  M.  Tibbetts 153—155 

General  John  Tarbell ,155—157 

Colonel  J.  H.  Whipple 168—171 

Extract  from  message  of  provisional  governor 179 

Statement  of  troops  recruited  for  the  United  States  army 180 

Proclamation  of  me  governor ......       181 

Churches,  testimony  as  to  divisions  in,  upon  political  matters — 

E.  O.  Dunning Part  II 45 

D.  B.  White 63 

Rev.  Dr.  R.  McMurdy 88,89,90 

J.  W.  Hunnicutt 150 

Compensation  for  slaves  emancipated  and  property  destroyed  during  the  war,  expectation 

°f— 

Affirmative..  Judge  Underwood Part  II 

J.  W.  Hunnicutt 150 

General  G.  E.  Spencer Part  III 

General  George  H.  Thomas 29 

GeneralB.  H.  Grierson 123 

Captain  J.  H.  Matthews 1>44 

General  A.  J.  Chetlain 15° 

J.  P.  Hambleton 166 

J.W.  Recks Part  IV 2 

General  D.  S.  Stanley 

Doctor  J.  M.  Turner 128 

J.  D.  B.  DeBow 134 

Neo-ative Colonel  O.  Brown Part  II 124 

J.  D.  B.DeBow Part  IV 134 

General  L.  Thomas 143 

12* 


170  INDEX. 

Page. 

Broirnlow,  Governor,  message  of. Part  I J  3 

CONSTITUTION  OF  ARKANSAS Part  III 84 

OF  GEORGIA,  extracts  from 185, 186 

OF  FLORIDA Part  IV 11—35 

Freedmen's  Bureau  and  United  States  troops,  necessity  for  in  the  South — 

Affirmative.. Major  General  Edward  Hatch Part  I 105, 106 

Major  General  G.  H.  Thomas 109,110 

Major  General  C.  B.  Fisk 113 

Colonel  William  Spence 118 

Lieutenant  Colonel  R.  W.  Barnard 121 

General  J.  W.  Turner Part  II 5 

G.  F.  Watson 19 

J.  Millard 30 

J.  Roberts 34, 35 

W.  James 40 

E.  O.  Dunning 48 

Calvin  Pepper 49 

A.  Dunlop 57 

Thomas  Bain- 59 

D.  B.  White 61 

J.  F.  Lewis 72 

W.  L.  Chase 95—97 

J.  M.  Botts 123 

Colonel  O.  Brown 127 

General  A.  H.  Terry 143 

J.  W.  Hunnicutt 149 

F.  W.  Bruce 1 154 

Lieutenant  G.  O.  Sanderson J75, 176 

Colonel  E.  Whittlesey 182—184 

D.  H.  Clapp 208—211 

J.  A.  Campbell 214 

Bedford  Brown 265 

W.  H.  H.  Beadle 270—272 

General  Edward  Hatch Part  III 

General  Spencer - 15 

J.  J.  Goes 15 

E .  Heins tad t 20 

General  G.  H.  Thomas 27 

General  C.  B.  Fisk 30,31 

General  C.  H.  Howard,  (report) 36 

William  Byers 58 

M.  J.  Safford 63 

David  C.  Humphreys 64,  66,  67 

GeneralJ.  S.  Brisbiu 70,71 

C.  A.  Harper 74 

G.  R.  Weeks  77 

General  J.  R.  West 78 

Major  J.  W.  Smith 99 

General  R.  Saxton 102 

H.  S.  Welles 110,111 

Colonel  H.  Brook 114 

General  B.  H.  Grierson 123 

Governor  Johnson 129 

General  Swayne 139 

Captain  Matthews 145 

General  C.  C.  Andrews 148, 149 

General  A.  L.  Chetlain 151 

GeneralJ.  Tarbell 156 

Captain  L.  H.  Whipple 161 

J.  W.  Recks ...     PartlV....  2,4,5 

L.  M.  Hobbs 8,11 

General  W.  E.  Strong 38,39 

General  D.  S.  Stanley 40,41,42 

Lieutenant  W.  Wilson 45 

Lieutenant  Colonel  H.  S.  Hall 46,47,48 

J.  E.Roy 68 

Brigadier  General  C.  C.  Doolittle 70,71 

General  G.  A.  Custer 74 

T.  Conway 82—85 


INDEX.  171 

Page. 
Freedmen's  Bureau  and  United  States  troops,  necessity  for  in  the  South— Continued. 

Affirmative.. J.  T.  Allen Part  IV 86—80 

J.  Covode 116 

Colonel  Israel  Vogdes 120—122 

Major  General  Sheridan 122, 123 

General  C.  C.  Andrews 124 

Doctor  J.  M.  Turner 126, 127, 128 

B.  C.  Truman 137, 138 

General  L.  Thomas 144 

Stephen  Powers 148 

Negative J.  M.  Botts Part  II 123 

J.  Sinclair 169 

Lieutenant  George  0.  Sanderson 180 

G.H.Kyle Part  III....         52 

H.  S.  Wells,  as  to  General  Sherman1  s  order Ill,  112 

Governor  Sharkey 134 

General  J.  Tarbell 156 

C.  G.  Forshey. Part  IV. ...130, 131 

J.  D.  B.  DeBow 132,133,134 

General  L.  Thomas 144 

Frecdmcn,  evidence  of  general  hostility  and  occasional  cruelty  towards — 

Affirmative.. Major  General  Edward  Hatch Part  I 107 

Major  General  C.  B.  Fisk 112 

O.  P.  Temple 124 

GeneralJ.  W.  Turner Partll....  5 

Judge  Underwood 7 — 9 

Lewis  M'Kenzie 13 

G.  S.  Smith 16, 17 

J.  Hawkshurst 21 

George  T ucker 23, 24 

J.  Roberts 34 

W.  James 40 

E.  O.  Dunning 47, 48 

Calvin  Pepper 50 

Daniel  Norton 51 

Wm.  Thornton 52 

M .  Ne wb  y 54 , 55 

A.  Dunlop .        57 

E.  Parsons 60 

D.  B.  White 61 

C.  D.  Gray 67 

J.  F.  Lewis 71 

M.  D.  Corse 74 

Arthur  Watson 83 

W.  L.  Chase 95,96 

W.  J.  Dews 112 

J.  M.  Botts 122 

Colonel  O.  Brown 126,127 

General  A.  H.  Terry 142,143 

C.  H.  Lewis 146 

M.  Blackburn 148 

F.  W.  Bruce 154 

B.  R.  Grattan ]62 

J.Sinclair 170—174 

Lieutenant  G.  O.  Sanderson 175, 176, 177 

Colonel  E.  Whittlesey 182,183 

D.  H.  Clapp 209 

J.  A.  Campbell 213,214 

General  R.  Saxton 218 

Captain  A.  P.  Ketchurn 233—240 

J.W.  Alvord 243,244 

A.  W.  Kelsey Partlll....  3 

General  Edward  Hatch 5, 6, 7, 8 

General  Spencer 8,9 

Judge  Smith ,.         11 

J.  J.  Gries 14,15 

M.  Mobley 15—22 

E.  Heiustadt 25 

General  C.  B.  Fisk 30,31,32 


172  INDEX. 

Page. 
Frcedmen,  evidence  of  general  Jiostility  and  occasional  cruelty  towards— Continued. 

Affirmative.. General  C.  H.  Howard Part  III 35,37,42 

M.  J.  Safford 61,62 

D.  C.  Humphreys 64 

General  J.  S.  Brisbin 70 

M  aj  o  r  J .  W .  S  m  i  th ..-.....,         98 

General  R.  Saxton 101 

Clara  Barton 104 

W.  Dillingham '. '.'. 1  1 8, 1  ] 9 

General  B.  H.  Grierson 122,123 

Governor  Johnson 129 

Governor  Sharkey 133 

General  Swayne 140,141 

Captain  Matthews 142, 143, 144 

Captain  Matthews 144, 145, 146, 1 84 

General  A.  J.  Chetlain 150151 

W.  F.  Downs 158 

A.  H.  Stephens 160 

Sidney  Andrews 173 

Governor  Humphreys 182, 183 

J.  W.  Recks Part  IV....       2.4 

L.  M.  Hobbs 9,10 

General  W.  E.  Strong 36,  37 

General  D.  S.  Stanley 39,41,42 

Lieutenant  W.  Miller 44, 45 

Lieutenant  Colonel  H.  S.  Hall 46,47,48,50 

D.  E.  Haynes 62 

J.E.Roy 64,65,66,67 

Brigadier  General  C.  C.  Doolittle 71 

Major  General  G.  A.  Custer 75,76 

Thomas  Conway 79,80,82,83 

J.T.Allen 89 

J.  H.  Bell's  circular 93 

Colonel  J.  Vogdes 121 

General  C.  C.  Andrews 125 

C.  G.  Forshey 131,132 

J.  D.  B.  DeBow 135 

B.  C.  Truman 136 — 138 

General  L.  Thomas 142 

Stephen  Powers 147 

Negative General  J.  W.  Turner Part  II 5 

R.  R.  Hill 56 

C.  D.  Gray 67 

J.  B.  Johnson 79 

D.  Carter 99 

J.  M.  Botts 122 

Colonel  O.  Brown 124 

R.  E.  Lee 131 

C.  S.  Mills 137 

General  A.  H.  Terry 142 

C.  H.  Lewis 146 

M.  Blackburn 148 

B.  R.  Grattan 163 

E.  F.  Keen 165 

Colonel  E.  Whittlesey 182,183 

Captain  A.  P.  Ketchum 233 

J.  W.  Alvord 243 

T.  M.  Cook 277 

H.  C.  Lawrence 292 

W.  H.  H.  Beadle 266,268,269,271,272 

H.  C.  Lawrence 292 

G.  H.  Kyle Partlll....  53 

William  Byers 59 

R.  A.  Hill 68 

Colonel  C.  A.  Henry 126 

Governor  Johnson 129 

Governor  Sharkey 133,135,136 

General  J.  G.  Blunt 152 


INDEX.  173 

Page. 
Frccdmen,  evidence  of  general  hostility  and  occasional  cruelty  towards — Continued. 

Negative Governor  Humphreys Part  III 183 

General  B.  S.  Stemley Part  IV....         43 

Brigadier  General  C.  C.  Doolittle 71 

Colonel  Israel  Vogdes 121 

C.  G.  Forshey 130,131 

J.  D.B.  DeBow 135 

B.  C.  Truman 140 

Stephen  Powers 147 

Frcedmen,  their  fitness  and  disposition  for  free  labor — 

Affirmative.. Major  General  Edward  Hatch Part  I 107 

Major  General  G.  H.  Thomas 109 

Major  General  C.  B.  Fisk 112 

Colonel  William  Spence 117 

Lewis  McKenzie Part  II 13 

J.  Stiles 33 

M.  Newby 54 

R.  R.  Hill 56 

A.  Dunlop 58 

J.  B.  Johnson 80 

Rev.  Dr.  R.  McMurdy 91,92 

D.  Carter 99 

M.  Blackburn 148 

F.  W.  Bruce 154 

Colonel  E.  Whittlesey 182 

General  R.  Saxton 220 

Captain  A.  C.  Ketchum 237 

Bedford  Brown 265 

\V.  H.  H.  Beadle 268 

General  Ed.  Hatch Part  III....  6 

E.  Heinstadt 25 

General  G.  H.  Thomas 28 

General  C.  B.  Fisk 30,31 

General  C.  H.  Howard,  report 34,35,36 

W.  D.  Snow 65,66 

GeneralJ.  S.  Brisbin 70,71 

E.  D.  Ayres 72 

C.  A.  Harper 74 

G.  R.  Weeks 76 

GeneralJ.  R.  West 78 

Major  J.  W.  Smith 99 

General  R.  Saxton 101 

H.  S.  Welles 112 

W.  Dillingham 118 

General  Grierson 122 

Colonel  C.  A.  Henry 126 

Governor  Sharkey 134 

General  W.  Swayne 139, 140 

Captain  Matthews 142 

General  C.  C.  Andrews 149 

General  John  Tarbell 156 

A.  H.  Stephens 160, 16 1 

CaptainL.  H.  Whipple 169 

Sidney  Andrews 173, 174 

C.  G.  Baylor 177 

J.  W.  Recks PartlV....     2—6 

L.  M.  Hobbs 9,10 

General  W.  E.  Strong 37 

General  D.  S.  Stanley 40 

J.  W.  Shaffer 59 

J.  E.Roy 64—68 

J.  T.Allen 88,89 

Hon.  J.Covode 117,118 

Colonel  Israel  Vogdes 121 

Major  General  Sheridan 123 

J.  D.  B.  De  Bow 135 

B.  C.  Truman 139 

General  L.  Thomas 141—143 

Stephen  Powers 147,148,149 


174  *      INDEX. 

Page. 
Freedmen,  their  fitness  and  disposition  for  free  labor — Continued. 

Negative M.M.Lewis Part  II  77 

General  J.  Tarbell !".".".".".". "7." ".".Part  III".          157 

J.  F.  Hambleton 167 

C.  G.Forshey ]]]]]]]]]  '.'.Part  IV ".".!."       131 

Free  labor,  evidence  of  hostility  to — 

Affirmative.. Colonel  E.  Whittlesey Part  II  182 

A.  W.  Kelsey "]]]part  III]]  3,4 

General  Ed.  Hatch 567 

E.  Heinstadt .".]]."."]]]]]]]]]]     '   25 

General  G.  H.  Thomas 27 

General  C.  B.  Fisk ].."]]."...]]]]  30,31 

General  C.  H.  Howard '37 

General  W.  E.  Strong "  ] ]p~art  iv] .  !  36,  37 

General  D.  S.  Stanley 39 

Lieutenant  W.  Miller 43 

J.  T.  Allen ]]]]]]]]]]""]."]]]         86 

Negative A.  W.  Kelsey .".".._  .Part  III'.'.'. '.  3 

General  G.  H.  Thomas 27 

General  C.  H.  Howard ].  _]]]._  41 

Lieutenant  W.  Miller Part  IV.-..         43 

Florida,  testimony  relative  to — 

Brigadier  General  C.  H.  Howard,  and  report Part  III 38—40 

Major  General  R.  Saxton 100 102 

J.  W.  Recks ]]"... ."Partiv*"...     1—6 

Hon.  W  .  Marvin 6  7 

NEW  CONSTITUTION,  ORDINANCES,  AND  RESOLUTIONS  passed  by  the  convention  .20 — 35 

L.  M.  Hobbs 1 1 35 

Colonel  Israel  Vogdes .  .119 122 

Major  General  Sheridan ."."]].*."].."].". .       123 

B.  C.  Truman j  35 

Stephen  Powers 145 149 

Georgia,  testimony  relative  to — 

A.  W.  Kelsey Part  III....   1,2,3 

Major  General  G.  H.  Thomas 28  29 

Major  General  C.  B.  Fisk .]].]...].   31^32 

Brigadier  General  C.  H.  Howard,  and  report 38 — 40 

Major  General  R.  Saxton .  100 102 

H.  S.  Welles ]"."..]"..]]]]]]]]]]]]".  108— 113 

Major  General  B.  H.  Grierson 121 ] 24 

Governor  Johnson 12(J 132 

W.  F.  Downs 157, 158 

Alexander  H.  Stephens 158 166 

Act  as  to  rights  of  negroes 161 

J.  P.  Hambleton 166—168 

Sidney  Andrews 170 176 

Extracts  from  the  new  Constitution 185, 186 

Johnson,  Andrew,  proclamation  of,  as  military  governor  of  Tennessee Part  I 10 — 13 

Louisiana,  testimony  relative  to — 

Ezra  Heinstadt Part  III 22—28 

J.W.Shaffer Part  I V . . . .  50— 59 

D.  E.  Haynes 59 — 62 

J.  E.Roy 63—69 

Brigadier  General  C.  C.  Doolittle 69—71 

Major  General  G.  A.  Custer 72 — 78 

Thomas  Conw  ay .  78 — 86 

J.  T.  Allen _"]]]         91 

Hon.  J.  Covode ]  14 — 1 1 9 

Major  General  Sheridan , 122 — 1 24 

Dr.  James  M.  Turner 129 

J.  D.  B.  De  Bow 132—136 

Lincoln,  President,  reported  conversations  of  in  1861,  relative  to  efforts  to  avert  tear — 

J.  B.  Baldwin Part  II....  102— 109 

J.M.Botts 114—123 

Mississippi,  testimony  relative  to — 

Major  General  Edward  Hatch Part  III 4, 5, 6, 7 

Major  General  G.  H.  Thomas 28,29 

Major  General  C.  B.  Fisk 31,32,33 

R.  A.  Hill ...67—69 


INDEX.  175 

Page. 
Mississippi,  testimony  relative  to — Continued. 

A.  P.  Dillingham Part  III.. ..116— 119 

General  B.  H.  Grierson 121—124 

Governor  Sharkey 133 — 137 

Captain  J.  H.  Matthews 141—147—184 

W.  F.  Downs 157,158 

Message  of  Governor  Humphreys 182 

National  debt  and  taxes,  reluctance  to  pay,  (and  herein  of  the  expectation  of  the  pay 
ment  of  the  confederate  debt. ) 

Affirmative . .  Judge  Underwood Part  II 8 

Lewis  McKenzie 12, 13, 14 

George  S.  Smith 15 

G.  F.  Watson 19 

J.  Hawkslmrst 21 

Josiah  Millard 28 

J.  Roberts 33 

D.  B.  White 62 

M.  D.  Corse 65 

Arthur  Watson 81, 82 

J.  JM.  Wood 85 

C.  H.  Lewis 146 

J.  Sinclair 172,173 

H.  A.  Cooke 204 

J.  A.  Campbell 213 

Bedford  Brown 233 

General  Spencer Part  III 9 

General  G.  H.  Thomas 29 

General  C.  H.  Howard 39 

H.  S.  Welles 109 

General  Grierson 123 

J.  P.  Hambleton 166 

Sidney  Andrews 172, 173 

Lieutenant  Colonel  H.  S.  Hall Part  IV....         49 

J.  W.  Shaffer 57 

General  G.  A.  Custer 75 

Hon.  JohnCovode 118,119 

Stephen  Powers 146 

Negative General  L.  Thomas Part  IV 186 

Newspapers  and  politicians,  effect  of  disloyal — 

L.  M.  McKenzie Part  II 11,13 

G.  S.  Smith 14 

J.  F.  Lewis 72 

John  Minor  Botts 120 

C.  S.  Mills 145,146,147 

J.  W.  Hunnicutt 151 

North  Carolina,  testimony  relative  to — 

James  Sinclair Part  II 166—175 

Lieutenant  G.  O.  Sanderson 173—181 

Colonel  E.  Whittlesey 181—200 

Report  of  Colonel  Whittlesey  to  Freednien's  Bureau 186 — 200 

H.  A.  Cooke 200—204 

H.  Bain 204—207 

D.  H.  Clapp 207— 21 1 

.     J.  A.  Campbell 211—216 

J.  W.  Alvord 242—261 

Report  of  Mr.  Alvord  to  Fredmen's  Bureau 249 — 261 

Badford  Brown 261—265 

Lieutenant  Colonel  W  H.  H.  Beadle 265—272 

Thomas  M.  Cook,  (correspondent  New  York  Herald) 27'.} — 279 

Major  H.  C.  Lawrence 289—294 

Pardons  and  Executive  leniency — 

Bad  effect  of... C.  D.  Gray Part  II....         66 

B.  R.  Grattan 162 

General  J.  W.  Turner 

Judge  Underwood 9 

Lewis  McKenzie 14 

G.  S.  Smith 15,16 

G.  F.Watson 18 

George  Tucker -21 


176  INDEX. 

Page. 
Pardons  ond  Executive  leniency — Continued. 

Bad  effect  of...  L.I  [ill Part  II....  26,27 

J.  Stiles 31 

J.  Roberts 33 

C.R.Joyce 35 

J.  J.  Henshaw 37 

D.  B.  White 61 

C.  D.  Gray 66 

J.  F.  Lewis 71 

R.  McMurdy 89 

W.  J.  Daws HI 

John  Minor  Botts 120—123 

C.  S.  Mills 139 

J.  H.  Anderson 

C.  H.  Lewis 146 

J.  W.  Huunicutt 151 

J.  Sinclair 171 

Colonel  E.  Whittlesey 181 

H.  Bain 207 

J.  A.  Campbell 215 

Captain  A.  C.  Ketchum 237 

W.  H.  H.  Beadle 271 

General  Spencer Part  III 

Judge  Smith 12 

J.  J.  Gries 15 

E.  Heinstadt 24 

General  C.  H.  Howard 40 

H.  S.  Wells 113 

L.  M.  Hobbs Part  IV.... 

Lieutenant  W.  Miller 43 

J.  W.  Shaffer 55 

T.  Conway 79,80 

J.  T.Allen 87 

Hon.  J.  Covode 115,116 

Dr.  J.  M.  Turner 127 

Good  effect  of-.D.  C.  Humphreys Part  III....         66 

H.  S.  Welles 113 

Secession  Principles  and  States  Rights  Doctrines,  prevalence  of;  (and  herein  of  the 
willingness  to  fight  under  a  foreign  flag  against  the  United  States,  and  of  the  feel 
ing  of  compulsion  in  submitting  to  federal  authority.) 

Affirmative . .  General  J.  W.  Turner Part  II 3, 4 

Judge  Underwood 

George  S.  Smith JO 

J.  Millard 28,29 

J.  J.  Henshaw 37 

Calvin  Pepper 49,50 

Arthur  Watson 83 

J.  M.  Wood 85 

Rev.  Dr.  R.  McMurdy 92 

W.  L.  Chase 95,96 

W.  J.  Dews 110,111 

J.  M.  Botts 121 

R.  E.  Lee 133 

E.  S.  Mills 136—139 

General  A.  H.  Terry 141,142 

C.  H.  Lewis 147 

F.  H.  Bruce 155 

H.  Bain 207 

J.  W.  Alvord 243,244 

Bedford  Brown 264 

W.  H.  H.  Beadle 267 

T.  M.  Cook 276 

Judge  Smith Part  III. ...10, 11, 12 

General  Hatch 

General  Spencer 

J.  J.  Gries 14,15 

M.  Mobley 15—22 

E.  Heinstadt 24-26 

General  G.  H.Thomas 27 


IKDEX.  177 


Secession  Print  ijth^  and  States  Rights  Doctrines,  prevalence  of—  Contimu-'l. 

Ailinnativc .  .General  C.  B.  Fisk Part  III 29 

( iciuM-al  C.  H.  Howard 39 

G.  H  Kyle,  of  Arkansas 51 

II.  S.  Welles 109 

General  Griersou 123 

Governor  Johnson 131 

General  W.  Swayne 140 

Captain  Matthews 144 

A.  H.  Stephens... 159—103,164 

J.  P.  Hanibleton 166 

L.  M.  Hobbs Part  IV....  8 

Lieutenant  Colonel  H.  S.  Hall 47, 50 

J.  E.  Roy 67 

Major  General  G.  A.  duster 72, 75, 78 

I.  t.  Allen 87 

Address  of  W.  C.  Dabrymple 96 

Hon.  J.  Covode 115—1 18, 1 19 

Colonel  Israel  Vodges 120 

Major  General  Sheridan 122 

Dr.  J.  M.  Turner 127 

J.  D.  B.  DeBow 136 

Major  General  G.  H.  Thomas Part  I 1 10—111 

C.  D.  Gray Part  II 66 

J.  B.  Johnson 80 

Dale  Carter 98, 99 

W.  J.  Dews 113 

J.  M.  Botts.- 121 

R.  E.  Lee 129 

C.  S.  Mills 136 

C.  H.  Lewis 147 

B.  R.  Grattan 161 

T.  M.  Cook , 276,277 

G.  H.  Kyle Part  III....         53 

William  Byers 57 

J.  D.  B.  DeBow Part  IV 135 

Secession,  how  accomplished  in  Virginia — 

J.  B.  Bald  win Part  II ....  102—1 09 

J.  M.  Botts 114—123 

Surrender  of  Lee,  increase  of  hostility  after — 

Affirmative  ..Major  General  C.  B.  Fisk Part  I 114 

General  J.  W.  Turner Ptrt  II 3—6 

G.  S.  Smith 15 

G.  F.  Watson 18 

Calvin  Pepper 49 

Arthur  Watson - 89 

M.  Blackburn 1 49 

CriM-ral  Ed.  Hatch Part  111 5,7 

General  Speueer 9 

Judge  Smith 12 

J.  J,  (Jries 15 

E.  Heinstadt 25 

i;.m-ral  C.  B.  Fisk 32 

M.  J.  Safford (53 

(icncral  J.  S.  Brisbin 70 

(iriicral  R.  Saxton UK) 

General  Grierson 122 

W.  Dillingham 119 

General  D.  S.  Stanley Part  IV 40 

( u-iiural  G.  A.  duster 75 

Colonel  I.  Vodgt-s 121 

Negative General  G.  II.  Thomas Part  III.... 

William  Byi-rs 50 

South  Carolina,  testimony  relative  to — 

General  R.  Saxton Part  II .... 216—231 

Report  of  General  Saxton  to  Freedmen's  Bureau 222,  231 

Captain  A.  P.  Ketchum 231—2-12 

Report  of  Captain  Ketchum  to  Freedmen's  Bureau 240 — 242 

J.  W.  Alvord 242—261 

12  F  L  T 


178  INDEX. 

Pajje 
South  Carolina,  testimony  rdntirr,  /o— Continued 

Report  of  Mr.  Alvord  to  Freedmen's  Bureau Part  II 249 — 261 

Brigadier  General  C.  H.Howard Part  III  and  Report 33— :> 

Major  General  R.  Saxton 100 — K'2 

Tennessee,  testimony  relative  to — 

Major  General  Edward  Hatch Part  I ]05 — 108 

Major  General  G.  H.  Thomas , 106—1 J 1 

Major  General  C.  B.  Fisk 111—115 

David  T.  Patterson ]  1 5, 1 16 

Colonel  William  Spence 117,118 

Lieutenant  Colonel  J.  H.  Cochrane 118 — 120 

Lieutenant  Colonel  R.  W.  Barnard 120 — 1  *l'l 

O.  P.  Temple 122—125 

John  Williams 125—127 

Abner  G.  Jackson 127 — 128 

CONSTITUTION  OF  TENNESSEE,  amendments  to 6 

ratification  of 10—13 

Public  acts  of  Tennessee 23 — 41 

C.  O.  Dunning Part  II 48 

Texas,  testimony  relative  to — 

Brigadier  General  W.  E.  Strong- Part  IV 35—39 

Major  General  D.  S.  Stanley 39 — 43 

as  to  Union  element  in 39,40 

Lieutenant  W.  Miller • 43 — 46 

Lieutenant  Colonel  H   S.  Hall 40—50 

Mtjjor  General  G.  A.  Custer 72 — 78 

secret  organizations  in 74 

John  T.  Allen,  (including  official  documents,  electioneering  circulars,  &c.,  &c).86 — 113 

Major  General  Sheridan 123 

Major  General  C.  C.  Andrews 124, 125 

C.  G.  Forshey 129—132 

B.  C.  Truman 1 :',()— 140 

Treason,  probability  of  a  conviction  for,  by  a  Virginia  jury — 

Affirmative . .  W.  T.  Joynes Part  II 160 

Negative General  J.  W.  Turner Part  II 4 

J.  J.  Underwood 10 

J.  J.  Hawkshurst 22 

J.  Roberts 33 

J.  J.  Henshaw 39 

Calvin  Pepper .">() 

?.  E.  Lee 133 
W.  Hunnicutt 151 

B.  R.  Grattan 164 

Union,  indications  of  hostility  toinirils;   (and  herein  of  the  disposition  to  join  with  for 
eign  powers  against  the  United  States,  and  of  the  feeling  of  compulsion  in  submit 
ting  to  federal  authority.) 

Affirmative . .  Maj'or  General  Edward  Hatch Part  I 1 05 

Major  General  G.  H.  Thomas 110 

D.  T.  Patterson 11(5 

Colonel  William  Spence 1 17, 1 18 

Lieutenant  Colonel  J.  H.  Cochrane Ill* 

Lieutenant  Colonel  R.  W.  Barnard 120 

O.  P.  Temple 12:5,  125 

General  J.  W.  Turner Part  II 

Judge  Underwood 

George  S   Smith II,  15 

G.  F.  Watson 18 

J.  Hawkshurst 21 

George  Tucker 22 

L.  Hill 25 

J.  Millard 29 

J.  Stiles 31 ,  32 

C.  R.  Joyce :'••"> 

J.  J.  Henshaw 3(5.37 

W.  James 40,  41 

E.  O.  Dinning 45 — 1> 

Calvin  Pepper 49 

D.  B.  White 61—63 

C.  D.  Gray 64 


INDEX.  179 

Page. 
Union,  indications  of  hostility  towards,  S?c. — Continued. 

Affirmative.. J.  S.  Lewis Part  II 69 

M.  P.  Corse 74 

M.  M.  Lewis 78 

J.  M.  Wood 84 

W.  L.  Chase 95 

W.  J.  Dews 110 

Colonel  O.  Brown..    124  1 '25 

General  A.  H.  Terry 141 

C.  H.  Lewis 145—147 

M.  Blackburn 148 

J.  W.  Hunnicutt 149 

F.  H.  Bruce 152, 153—155 

J.  Sinclair 168 

H.  A  Cooke 200, 201 

H.  Bai n 205—207 

D.  H.  Clapp 208 

J.  A.Campbell 211,212,213 

General  R.  Saxton 217 

Captain  A.  P.  Ketclmm 233—235, 236 

J.  W.  Alvord 243—246 

Bedford  Brown 262 

W.  H.  H.  Beadle 266—268 

H.  C.  Lawrence 289 

A.  W.  Kelsey Part  III....       1,2 

General  Ed.  Hatch 5, 6 

General  Spencer 8, 9 

Judge  Smith ! 11,12 

J.  J.  Gries 14,15 

M.  Mobley 15—22 

E.  Heinstadt 24 

General  G.  H.  Thomas .' 26,27 

General  C.  B.  Fisk 29, 30, 31 

General  C.  H.  Howard 33, 38 

M.  J.  Safford 60 

D.  C.  Humphreys 64, 65 

General  J.  S.  Brisbin 70—72 

E.  D.  Ayres 71 

GeneralJ.  R.  West 78 

General  R.  Saxton 100 

H.  S.  Welles 109—113 

Colonel  H.  Brook 114 

W.  Dillingharn 116 

General  Grierson 118 — 120 

Governor  Johnson 131 

Captain  J.  H.  Matthews 141, 143, 144 

General  A.  J'.  Chetlain 150,151 

W.  F.  Downs 158 

Sidney  Andrews 170, 171 

Governor  Humphreys 183 

J.  W.  Recks Part  IV....       1,2 

General  W.  E.  Strong 37 

GeneralD.  S.  Stanley 39,40 

Lieutenant  W.  Miller 43, 44 

Lieutenant  Colonel  H.  S.  Hall 46 

J.  W.  Shaffer 51 

J.  E.  Roy 64—67 

Brigadier  General  C.  C.  Doolittlo 70 

Major  General  G.  A.  Custer 72 — 78 

T.  Conway 80 

J.  T.  Allen 86—87 

Hon.  J.  Covode 114 

Colonel  Israel  Vodges, 121 

Major  General  Sheridan 123 

General  C.  C.  Andrews 124,125 

C.  (J.Forsliey 129,130 

J.  D.  B.  DeBow 132,133 

B.  C.  Truman 137 

General  L.  Thomas 142 

Stephen  Powers 145, 146 


180  INDEX. 

Page. 
Union,  indications  of  hostility  towards,  Sfc. — Continued. 

Negative J.  Stiles Part  II 31 

J.  J.  Heushaw :',<; 

C.  D.  Gray 65 

M.  I).  Corse 63 

M.  M.  Lewis 76—79 

W.  J.  Dews 113 

Colonel  O.  Brown -. 126 

B.  R.  Gruttau 161 

H.  A.  Cooke 200 

He  d  ford  Brown 262 

General  Ed.  Hatch Part  III ....  6 

General  Spencer 8 

General  C.  H.  Howard 40 

William  Byers 58, 59 

M.  J.  Safford 61 

D.  C.  Humphreys 64 

R.  A.  Hill 67—69 

E.  D.  Ayers ' 71 

Governor  Johnson 129, 130 

Governor  Sharkey 135 

General  C.  C.  Andrews ..147, 148 

GeneralJ.  G.  Blunt 152,153 

General  John  Tarbell 155 

A.  H.  Stephens . 158, 159 

Statement  of  adjutant  general  of  Ark.  as  to  troops  raised  for  Union  army.       180 

Lieutenant  W.  Miller Part  IV 43 

J.  E.  Roy '. 64 

Brigadier  General  C.  C.  Doolittle 70 

J.  T.  Allen 89,90,91 

Major  General  .Sheridan 122, 123 

Dr.  J.  M.  Turner 127 

C.  G.  Forshey,  (rebel  officers) 129,130 

J.  B.  D.  DeBow 132,133 

B.  C.  Truman 137 

/    General  L.  Thomas 141,142 

Stephen  Powers 145,146 

Union   hope  of  southern  politicians  to  regain  balance  of  power  in — 

Affirmative..  Judge  Underwood Part  II 8 

Lewis  McKenzie 12 

G.  S.  Smi th 15 

L.  Hill 27 

J.  Stiles 32 

C.  D.  Gray 66 

M.  M.  Lewis 72 

J.  M.  Botts 129 

C.  S.  Mills 139 

A.  W.  Kelsey Part  III.. . .  4 

General  Ed.  Hatch 6 

Judge  Smith 11,12 

J.  J.  Gries 14, 15 

M.  J.  Safford 60 

H.  S.Welles 113 

General  Grierson 122, 123 

Captain  Matthews 144 

General  A.  J.  Chetlaiu 150 

Sidney  Andrews 172, 173 

Dr.  J.  M.  Turner PaAIV....  128 

Union  men,  northern  and  southern,  manifestations  of  hostility  to — 

Affirmative . .  Major  General  Edward  Hatch Part  I 1 06 

Major  General  G.  H.  Thomas 1 08, 109 

Major  General  C.  B.  Fish 114 

Lieutenant  Colonel  J.  H.  Cochrane 119 

General  J.  W.  Turner Part  II 2,  3,  4 

.Jn<l"v  rntlcrwuod 7 

G.  S.  Smith 16,17 

G.  F.  Watson 18 

.!.  llawkshurst 21 

ro-e  Tucker 23—25 


INDEX.  181 

Page. 
Union  men ,  northern  and  southern,  manifestations  of  hostility  to — Continued. 

Affirmative.. L.  Hill Part  II....         27 

J.  Stiles 32 

J.  Roberts 33 

C.  K.  Joyce 36 

W.  James 42,  43 

E.  O.  Diumiug- 45, 40 

C .  D .  Gray 65 

J.  F.  Lewis 69 

J.  M.  Wood «. .  84—86 

W.  L.  Chase 95—97 

Dale  Carter 101 

W.  J.  Dews 1 10, 1 1 1 

Colonel  O.  Brown 125 

R.  E.  Lee 132 

C.  S.  Mills 1 37, 1 38 

J.  H.  Anderson 140 

General  A.  H.  Terry 141 

M.  Blackburn 149 

J.  W.  Hunnicntt 149 

F.  H.  Bruce 152, 153 

J.  Sinclair 169—171 

.  Lieutenant  G.  O.  Sanderson 1 75 

Colonel  E.  Whittlesey 181 

H.  A.  Cooke 201 

H.  Bain , 206, 207 

D.  H.  Clapp 208—210 

General  R.  Saxtoii 218 

Captain  A.  P.  Ketchum 236 

J.  W.  Alvord 244—246 

Bedford  Brown 264 

W.  H.  H.  Beadle 269,270 

General  Edward  Hatch Part  III 5,6 

General  Spencer 

Judge  Smith 11, 12, 13 

J.  J.  Gries 14,15 

General  G.  II.  Thomas 27 

General  C.  B.  Fisk 29,30,31 

General  C.  H.  Howard 40 

M.  J.  Safford 61 

General  R.  Saxton 101 

General  B.  H.  Grierson 1 23 

General  W.  Swayne 141 

Captain  Matthews 143 

General  A.  L.  Chetlain 150 

Captain  L.  H.  Whipple 168 

J.  W.  Recks Part  IV....  2 

L.  M.  Hobbs... 8 

General  W.  E.  Strong 37 

General  D.  S.  Stanley 41 

Lieutenant  W.  Miller .• 44 

J.  W.  Shaffer 58 

D.  E.  Haynes 60,61 

J.  E.  Roy 66 

Major  General  C  us  tor 72 — 74 

T.  Conway 81 

J.  T.  Allen 90 

Hon.  J.  Covode 115 

Colonel  Israel  Vogdes 120 

Dr.  James  M.  Turner ., 126, 127 

J.  D.  B.  DeBow 1 33, 1 34 

Stephen  Powers 147, 148 

Negative I.  M.  Botts :. Part  II....  122 

B.  R.  Grattan 163 

E.  F.  Keen *. 166 

H.  C.  Lawrence 289—294 

General  C.  H.  Howard Part  III 38 

G.  H.  Kyle 52 

William  Bycrs 58 


182  INDEX. 

Page. 
Union  men,  northern  and  southern,  manifestations  of  hostility  to—  Continued. 

Negative General  W.  Swayue Part  III . .  141 

General  A.  L.  Chetlaiu 149 

General  John  Tarbell ] ;,<; 

A.  H.  Stephens ]62 

J.  D.  B.  DeBow "!.  !."."part  IV*  ."."."133, 134 

B.  C.  Truman ]  39 

General  L.  Thomas , 141 

Stephen  Powers . .  147  148 

United  States  army  officers,  liability  of,  to  prosecution  in  State  courts  for  official  acts— 

Affirmative . .  General  Edward  Hatch Part  II 5 

General  Spencer ' __".         10 

Judge  Smith 13 

J.  Stiles : ;  1 

United  States  troops,  necessity  for,  in  the  south.     (See  Freedmen's  Bureau,  frc. ) 

recruited  in  Arkansas Part  II 180 

Virginia,  proceedings  in  secession  convention  in  1861,  and  reported  conversations  with 
President  Lincoln  at  that  time — 

J.  B.  Baldwin Part  II J02—  1  <i9 

J.  M.  Botts 114 123 

Virginia,  testimony  relative  to — 

General  J.  W.  Turner Part  II 1—4) 

Judge  John  C.  Underwood «;_! 1 1 

Lewis  McKenzie 10 — 14 

George  S.  Smith 14 17 

Doctor  G.  F.  Watson , 18—20 

John  Hawkshurst 20 22 

George  Tucker 22 25 

Lysander  Hill . . . 25 27 

Joseph  Millard 28 — 30 

Joseph  Stiles 30 33 

Jonathan  Roberts 33 ;{.-, 

Charles  R.  Joyce 35 36 

J.  Henshaw 36 — 39 

Watkins  James 39 44 

E.  O.  Dunning 44 49 

Calvin  Pepper 49 51 

Daniel  Norton ...   51  52 

William  Thornton 52, 53 

Madison  Newby 54  55 

R.  R.  Hm !."""::::;;::::::;;;:  55^6 

A.  Dunlop 57, 58 

Thomas  Bain 58, 59 

E.  Parsons 59—60 

D.  B.  White 60—63 

J.  F.  Lewis 69—73 

M.  D.  Corse 73 — 75 

M.  M.  Lewis 75—79 

J.  B.  Johnson 71) — s» 

Arthur  Watson 80 — 84 

J.  M.  Wood .• 84—88 

R.  McMurdy 88—95 

W.  L.  Chase 95— It- 
Dale  Carter 98 — 101 

J.  P.  Baldwin 102 — 109 

W.  J.  Dews 110—1.13 

John  M.  Botts 114 123 

Colonel  O.  Brown 123—128 

R.  E.  Lee 129— 13(5 

C.  S.  Mills + 1 36—  1 39 

J.  H.  Anderson 139—140 

General  A.  H.  Te-try 141—141 

C.  H.  Lewis 144 — J 4,- 

M.  Blackburn 148,  I 49 

J.  W.  Humiicutt 149—151 

F.  H.  Bruce 152—155 

W.  T.  Joynes 155—161 

B.  R.  Grattau 161—164 

E.  F.  Keen 164— 16C 

C.  G.  Baylor Part  HI....  176— 179 


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